W^^^

IMAGE EVALUATION
TEST TARGET (MT-S)

II I.I
11.25

liiy^ 12.5

lAO

114. III! 1.6

HiotogTELpbit:

Sciences

Corporalion

.'T/

<■
^

.**%

:/.

•^i

f/.

...>^^

^-\ ^O^

23 WEST MAIN STREET

VEBSTER, N.Y. 14580

(716)872-4503

CIHM/ICMH

Microfiche

Series.

CIHM/ICMH
Collection de
microfiches.

Canadian Institute for Historical iVIicroreproductions / Institut Canadian de microreproductions historiques

Technical and Bibliographic Notes/Notes techniques et bibliographiques

The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be biblf jgraphically unique,
which may alter any or the images in the
reproduction, or which may significantly change
the usual method of filming, are checked below.

D
D

Coloured covers/
Couverture de couleur

I I Covers damaged/

Couverture endommagde

Covers restored and/or laminated/
Couverture restaur6e et/ou peiliculde

□ Cover title missing/
Le

titre de couverture manque

I I Coloured maps/

Cartes g^ographiques en couleur

Coloured inl( (i.e. other than blue or black)/
Encre de couleur (i.e. dutre que bleue ou noire)

I I Coloured plates and/or illustrations/

Planches et/ou illustrations en couleur

Bound with other material/
Reli6 avec d'autres documents

Tight binding may caut<e shadows or distortion
along interior margin/

La re llure serrde peut causer de i'ombre ou de la
distortion le long de la marge int6rieure

Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que uertaines pages blanches ajout6es
lors d'une restauration apparaissent dans le texte,
mais, iorsque cela dtait possible, ces pages n'ont
pas 6t6 filmdes.

Additional comments:/
Commentaires suppl6mentaires;

L'Institut a microfilm^ le meilleur exemplaire
qu'il lui a 6t6 possible de se procurer. Les details
de cet exemplaire qui sont peut-dtre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la m6thode normale de filmage.
sont indiquto ci-dessous.

I 1 Coloured pages/

This item is f imed at the reduction ratio checked below/

Ce document est film^ au taux de reduction indiqu^ ci-dessous.

Pages de couleur

Pages damaged/
Pages endommag6es

□ Pages restored and/or laminated/
Pages restaur^es et/ou peilicuides

Pages discoloured, stained or foxed/
Pages d6color6es, tachet^es ou piqu6es

□ Pages detached/
Pages d^tachdes

Showthrough/
Transparence

I I Quality of print varies/

Quality in6gale de I'impression

Includes supplementary material/
Comprend du materiel suppl^mentaire

Only edition available/
Seule Mition disponibie

Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont M filmies d nouveau de fapon d
obtenir la meilleure image possible.

10X

14X

18X

22X

26X

30X

12X

16X

20X

24X

■

28X

32X

The copy filmed here has been reproduced thanks
to the generosity of:

Library of the Public
Archives of Canada

L'exemplaire filmA fut reprodult grAce A la
gAnArosIti de:

La bIbllothAque des Archives
publlques du Canada

The Images appearing here are the best quality
possible considering the condition and legibility
of the original copy and In keeping with the
filming contract specifications.

Original copies In printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated impres-
sion, or the back cover when appropriate. All
other original copies are filmed beginning on the
first page with a printed or Illustrated Impres-
sion, and ending on the last page with a printed
or Illustrated Impression.

Les Images suivantes ont AtA '^aproduites avec le
plus grand soln, compte te^u de la condition at
de la nettetA de Texemplalre filmA, et en
conformlt6 avec les conditions du nontrat de
fllmage.

Les exemplaires orlginaux dont la couverture en
papier est ImprlmAe sont fllmAs en commenpant
par l« premier plat et en terminant solt par la
derniAre page qui comporte une empreinte
d'Impresslon ou d'lllustratlon, soit par le second
plat, salon le cas. Tous les autres exemplaires
orlginaux sont flimAs en commenpant par la
premlAre page qui comporte une empreinte
d'Impression ou d'illustration et en terminant par
la dernlAre page qui comporte une telle
empreinte.

The last recorded frame on each microfiche
shall contain the symbol —»- (meaning "CON-
TINUED"), or the symbol ▼ (meaning "END"),
whichever applies.

Un des symboles sulvants apparaltra sur la
dsrnlAre image de cheque microfiche, selon le
CBs: le symbols — ► signlfle "A 3UIVRE", le
symbols V signlfle "FIN".

Maps, plates, charts, etc., may be filmed at
different reduction ratios. Those too large to be
entirely Included in one exposure are filmed
beginning in the upper left hend corner, left to
right and top to bottom, as many frames as
required. The following diagrams Illustrate the
method:

Les cartes, planches, tableaux, etc., peuvent 6tre
filmAs A des taux de reduction diffArents.
Lorsque le document est trop grsnd pour Atre
reprodult en un seui cllchA, 11 est filmA A partir
de Tangle supArleur gauche, de gauche A droite,
et de haut en bas, en prenant le nombre
d'Images nAcessalre. Les diagrammes sulvants
lllustrent la mAthode.

ABSTHACT

OF THE y.OST MATERIAL PARTS OF AN

LOWER-CANADA,

Passed in the thirty-sixth year of the reign of

his late Majesty GEORGE the III,

King of Great Britain, &c.

UTTMl VI,ED,

AN Act for making, repairing and altering the High-
ways and Bridges within this Province, and for
other purponcs, so far as the same i^ relative to the
Districts of Quebec, Montreal and Three-Rivers.

PRINTED BY LUDGER DUVERNaT,

Jii the MiNERVE Office, St. Paul Street, No. 29.

i837.

f
■'I I

ma
Vc
ins

th(

(S,

fif

thi

ABSTKACT of the most material parts of an
Act of the Provincial Parliament of Lower-
Canada, passed m the thirty-sixth year of his
late Majesty GEORGE the III, King of
Great Britain, &c. Intituled, «* Jn Jet for
'« making, repairing and altering the High*
" ways and Bridges within this Province, and
" for other purposes. " so far as the same is
relative to the Districts of Quebec, Montre-
al and Three-Rivers. y

ALL the King's Highways and public Bridges are to be
made, repaired and kept up under the directions of the Grand-
Voyer of each District, or his Deputy, appointed by an
instrument in writing, notified in the Quebec Gazette. — SecA,

Every Parish, Seigneurie or Township is to be divided by
the Grand- Voyer into as many Divisions, not exceeding nine,
as he shall judge proper and necessarj', and to each of these
Divisions he is to allot an Overseer of Highways and Bridges,
(Sous-Voyers) who shall be chosen and elected by the House-
holders in every such Parish, Seigneurie or Township on a
Sunday or Holiday, between the first of September and the
fifteenth of October in every second year, at the public Room
of the Parsonage House, or if there be no Parscnagc House at
some other public Place, to be appointed by the Senior Offi-
cer of Militia, who is to publish the time and Place of holding
the Election, at the door of the Church, or if there be no
Church, at the most public Place as soon as he shall receive
the Order of the Grand- Voyer for that purpose, which ii to
be issued in the month of August. — See. 25.

All Highway!
&c. to be mad«
and repaired
under the di*-
ricUon of the
Grand Voyer
or his Deputy.

The Grand
Voyer to diri--
de every Parish
into division!
and to allot an
Overseer to
each.

Overseeit
how elected.

}

The Si'iiior Officer of Miiitia is to preside at the Election He\f
and is to declare to the Persons assembled the names oflhclias

The Overseers
duty.

Overseer cho.
fen declining
to serve foifeita

ffcnior Officeri
of Militia to
preside at tlio ■ , . i n , «.

election of 0-- Overseers chosen, and he is lo make a return oi the names Sui
verseers and to ©f the Ovcr.seeis lo tlic Grand- Voyer, and if the Senior OHi- getv
make return. ^^^, ^^ Militia retiises or neirjects to call the Meeting' for the

Election or to prcsitle therein, or to make his Return to the CI
Grand- Vojer, he forfeits the Sum of five Pounds. — Sec. 25. Mil

ago,
The Overseer is to direct the Persons within his Division ors ;
in the performance of ihe work and duly required by the Act ieer
and to prosecute every one who neglects or refuses to perform
what the i\ct requires. He is to enter upon the Duties of his T
Office on the first day of January and to serve for two years.- two
Sec. 25. thro

noti
Any Person chosen to be Overseer, who neglects for eight set c
days after his appointment, to signify his consent to serve, ces,
XS; and acccp- forfeits five Pounds, and if he consents to accept the Office In t
and Xtc[fn'^ ""^^ refuses or neglects to obey the lawful Orders of the Roa
his dnty°to for- Orfuul-Voyer or his Deputy, or to oversee or perform any of alid
feit20s. the duties required by the Act, he forfeits, for every neglect of D

or refusal, twenty shillings. — Scc» 25. he n

#ith
The Grnnd The Grand- Voyer is to nominate and appoint in each Pa- Ovei
Voyer to nomi- i^isi^^ Seigneurie or Township of his District, a Surveyor of ^oy(
in each Pa^dsh" Highways and Bridges, who is to enter upon his Office at ^
tb" periods directed for Overseers, and to serve for two years,
during which period he is to superintend and direct the Over-
seers in their duty, to prosecute every Overseer who shall
refuse or neglect his duty — to communicate to them the
Grand-Voyer's Orders and to forward such Orders, if required,
to the Surveyor of the next Parish. He is also lo report, in
writing" or verbally, to the Grand- Voyer, once in every six
months and at the time of his Circuit, the state of the Roads fi^ur
and Bridges within his Parish, &c. — Sec. 26. jwg

Vlaje
Surveyors, who, when appointed, do not accept the ofldce, lix n

Surveyors du-

Mbns

Surveyors
/ho decline the

(Tice forfeit £3. forfeit four pounds, if they do accept, they forfeit twenty ictio
eg?eSg the"r ^-^^'IJ^igs, for every refusal or neglect of duly.— ^^c. 26

uty forfeit 208.

Grar.i Voyer In all cases of vacancy, the Grand Voyer or his Deputy
incV^to °nomiI ^^^ name other fit and proper persons to be Overseers and «|t i
■t8 Overseers Surveyors, who are to serve until the period for nominating lib C

the Election
names of the
5f the names
e Senior Ofti-
cetin^ for the
etuin to the
I. — Sec, Si5.

1 his Division
cl by the Act
ics to perform
Duties of his
r two years. -

L'Cts for eight
>ent to serve,
.t the Office
>rdcrs of the
'form any of
very neglect

in each Pa-
Surveyor of
his Office at
r two years,
ct tlie Over-
r who shall
o them the
, if required,
o report, in
in every six
f the Roads

tew Overseers and Surveyors returns; but no Person, wiio
tias once served, can be rechosen to serve as an Overseer, or
Surveyor, within eight years from the first nomination and
letvice, unless wild iiis consent. — Sec. 26 and 27.

riergymen, Captains of Militia, licensed School-masters, one
Miller to each Mill and Persons upwards of sixty ycais o^
■go» are exempted iVom the offices of Overseers and Survey-
ors ; but the Officers of Mditia are to do the duty of Over-
ieers until the first of January \797.-~Scc. 2S & 2i).

The Grand Voyers are to make annually between the
twentieth of May and the twentieth of October, ;• Circuit
throught their respective Districts, giving two weeks previous
notice in the Quebec Gazette, of the days on which they sh;\ll
set out and of the distribution of their time at particular pla-
ces, to be specified as nearly as circumstances will permit. —
In these Circuits, the Grand- Voyer is to ascertain the state iii'
Roads and Bridges, to give such orders as may be re(]uisite
and to prosecute all Overseers and Surveyors guilty of neglect
of Duty ; and he is to coumiit to writing, such observalioui; as
be may make in his Circuit, a Copy of which ho is lo deposit
#ith the Clerk of the Quarter Sessions. All Surveyors and
Overseers in their respective Divisions are to attend the Grand
^oyer upon the Circuit. — Sec. 30.

and Surrcyori.
No [icraon who
has once 8tr?ed
to be appointed
Ovrrsrtr or Sur-
veyor wiUiin
cii^lit ycurs.

I'orsoiia cx-
rmiilcil from
those ofTiccs.

OliiciTsof Mi.
litia to do tlio
('uty of Over-
seers till Janua-
ry, I7!)7.

The Grand
Voytr to make
an annual cir-
cuit.

His July upon
hi3 Circuit.

Surveyors and
Ovtrscirs arc to
attend him.

(The Grand Voyers arc to keep Office in the Towns of Que- ^[""'J Voyers

Bfcc, Montreal and Three- Rivers, which are to be opened in Quebec,

alrery Friday and Saturday, Holydays excepted, from nine to Montreal and
two o' Clock. —,S>c 32.

Three llivcrs.

t the ofHce,
rfeit twenty

his Deputy
erseers and
nominating

A Grand Voyer guilty of wilful neglect or defaultof duty to
himself or his Deputy, forfeits a sum not exceeding twenty
(i6unds nor less than five at the discretion of the Court impo-
jfeig the fine, one half to the Prosecutor and the other to his
Mlajesty. But the Action against him must be brought within
lix months after the offence, and if Judgment is ^nven in such
iction in favor of the Grand Voyer, the Prosecutor is to pay
r#ple Costs. — Sec, 34.

Ull the King's Highways (Chemins Royaux) are to be thirty
'e|t wide, and of a sufficient depth to drain off the water, and
\^ Grand Voyer may cause, Highways already made and not

Grand Voyer
for a wilful ne--
•j^h'Ct or default
of duly to forfeit
a sum not less
than £5 nor
more than £20.

Dimensions of
the Kings high-
ways.

}

'•m
I;
C
li

in
■t

Dioieiisioni 0/

B/e Huuds.

Dimensions of
Roads leailiiig
to banal Mills.

Highways pas-
«ing through
woods how to
be made.

Ditc!:e9 divi-
ding farms and
rivulets crossir^-
the Highways to
be covered with
Bridgea.

Where Ditches
•re necessary
for draining low
and . marshy
Lands, through
which the High-
ways pass the
Grand Voyer
may direct them
to be made.

thirty feet widf, to be wiilencd by the Persons bound to rrpair
them, — Sec. 2,

Bye Roads (Uoutes) are to be twenty fret wide between (wo • r
Ditches, each three feet wide, and of snlVicient depth to drain to
off the water and to be made as far as practicable, on the hne Wil
of division between two Concession or two Propiietors. — Sec. 4. tr

fve

Every- Road leachng to a Banal Mill is not to be less than opf
eighteen, nor more than thirty {iiet wide between two Ditches #nt
each of three fetit, where necessary. — Sec. 10. Or

On each side of all the King's IIi,i(hways passing through is a
any wood, Trees and Underwood shall be cut down for the Ch
space of twenty five feet on each side, by those who are oblj- Vici
ged to keep the road in repair, if the Grand Voyer or his De- of t
puty shall judge it necessary. The Grand Voyer may lay a- Te t
side for the use of tlie Roads, any of the Wood so cut down, Ov<
and the residue, the proprietors may remove within a year, ©** 1
and if they do not remove it, the Persons obliged to l^cep the t^e
Road in repair, shall take it away. — Sec. 1 1. Test

ces

Ditches dividing" farms or concessions, and little rivulets <>^t]
crossing* the Highways are to be covered with Bridges of Logs
of eighteen feet long and be covered with earth, where they ^
are not above four feet wide, if the Grand Voyer or his Depu- *ipo
ty shall direct. Public iJridges make by joint Labourers inac
Corvees, are likewise to be eighteen feet wide. The Sleepers Hi|
must be of Oak, Cedar, Pine, Hemlock or red Spruce, as the h^^
Grand Voyer or his Deputy shall direct. The flooring ol iU
squared logs of the same wood, pinned down to the Sleepers |>ra]
with a batten and a rail of three feet high, solidly made of thef
square Timber on each side. And all Bridges subject to be pei
raised by the waters, must be loaded with Stones, which are *^ej
to be carried and placed by those, who are bound to build and Vol
repair them. — Sec. 16*

Wherever Ditches may be necessary for draining^ low and ii I
marshy Lands, through which the King's Highways una^voida it is
biy pass, the Grand Voyer or his Deputy, after examination !*«•
is to direct such Persons of the Parish o* adja-cent Pa>ri8bei 4o '
whom he shall deem the most interested therein' of which lidy
shall draw up Ixis Proces Verbal.— Sec. 12, ^»

by I

Liid to rrpair

between (wo
>ptii to drniii
S on the iiiic
lors. — Sec. 4.

be less than
ivio Ditches

sing through
down for the
who are obli-
or his De-
.T may lay a-
so cut down,
vilhin a year,
d to l»eep the

little rivulets
idges of Logs
I, where they
■ or his Depu*
int Labourers
The Sleepers
Spriice, as the
le flooring ol
3 the Sleepers
idly made o(
subject to be
les, which ar«
1 to build and

Where it shall be necessary to turn an old, or open a new
Highway or Bye road, to change an old Bridge or mark out
'• new one, the Grand Voyer or his Deputy upon Petition is
to give an order fixing a day and hour when he or liis Deputy
will attend at some House or Place in the Parish, St i^neuric
©r Township, where he is to act, and such order shall require
fvery one interested, to be personally present, to foiward or
oppose the making of the proposed Highway, Road or Bridge,
f nd of the time and place so fixed, the Surveyor or one of the
Overseers, is to give public notice on a preceding Sunday or
Holyday, after morning service, at ihe Church door, if there
k a Church in the ParisJi, if not, at the door of the nearest
Church in the vicinity, and if there be not a Church in the
vicinity, then at the most frequented and reputed public place
of the Parish, Seigneurie or Township, two days at least befo-
re the meeting of those interested ; and upon ihe Surveyors or
Overseers Certificate of such Publication, the Grand Voyer
or his Deputy, after hearing the persons interested, is to fix
the time for visiting the places, in order that the parties inte-
rested may attend, if they wish it, and he is to draw up a pro-
ces verbal, by which he shall grant or reject the v/hole or part
of the petition. — Sec. 9.

All necessary Highways and Roads to be made in future
upon cleared lands, except front Roads, are not to be opened

Sade, until the value of the ground, marked out for such or
jghway or Road by the Grand Voyers or his Deputy, shall
|iave been paid or tendered to the Proprietor, if he requires
|t, which value is to be ascertained by a majority of seven ap-
|)raisers, three named by the Surveyor of the Parish, three by
Ihe Proprietor and the seventh by the Grand Voyer or his
Peputy, and if the Proprietor and Surveyor do not name
Ihem, all the seven appraisers are to be named by the Grand
Voyer. — Sec. 5.

New Roadi,
Drid|^e«, 8ce.
how tu bo made.

No Highway*
or Roads, ez'
cept Front
Roads, are to
be made upon
cleared lands,
until the value
of the ground
marked out,
shall have been
paid or tende-
red to the pro«
nrietor.

The price of improved Lands, required for a private Road,
ining low and Is lo be paid Iw the Individual who applies for it, but where
ays una^voida lt is required for a public Highway by the Proprietors of the
r examination J'arish, Seigneurie or Township ; and the appraised value is
cent Pa>rishe ^^ be apportioned and divided by the Overseers or a Majori-
tni of which In iy of them among the Proprietors, to whom the Road shall he
considered most useful in the Proces Verbal thereof, drawn np
by the Grand Voyer, and such value is to be paid into the

The price of
improved landt
required for a
private Road is
to be paid by tho
Individual ap-
plying for it ;
but IV here it ia
required for a
public Highway,
by the Proprie-
tors of a Parish,
Sccj the apprai>

lit
\

•ed value la to
be apportioned
amohi^ Uif; I'ro-
prietors to
whom tliu Road
■hall bi! consi-
dered Hi08t use-
ful.

No Ilipjlnvnys
to be niadi' to
pass Ihroiitrh
kitchen liur—
dens, he

Without thfi
consent of the
Proprietor.

Ilighwnys
through wood
lands to he ope-
ned by the per-
Bons most bene-
fited there by.

Banal Roads
by whom to be
made.

Highways how
to be repaired.

hftiidsoflhe S^iirvovoi, orul if any one shall refuse to pny hi>
proportion ogreeublc to '.'ue apportionment, ninde by the ()- J^'
VLTsecr, the Surveyor '.s to prosecute ut Law, the person re- *''
fusing his prt)porticii. — Sir. G. ^**<

No Highway or Koad can be opened, turned or widened un
in such a nuinner as to puss through any Kitchen (jardcn or tl*
Orchard, enclosed ^vilh a wail, board or standing picket iip
Fence or Hedge, to demoli^il or injure any I louse, Barn, Mill th
or other Hiiilding or any Canal or Mill Dam, or turn tljc th
Course of the water without the consent of Proprietor.— Sfc. gii
U. of

Iligliways to be made through woods lands, not yet gran- ^h
ted by the Crown, or not concetled by the Seigneur, or through an^
Jjaiuls conceded; but deserteti, are to be opened by tiie per- ]|is
sons more j)articularly benefited thereby, in proportion to Qv
their lands or conce>«sions, to which the Seigneurs or original wh
Grantees of the Crowti, fchall contribute in proportion to the Sec
private Domains by them reserved, j)rovided tiie Highways
are of any Utility to such Domains. — Sec. 7. 2

the
The opening and making of Banal-Roads, with the ditches ^^y^-

and necessary fences, is in the first instance to be i>erformed, 2)jj

one half by the proprietor of the Mill and the other hall by the gj^^j

Inhabitants, subject to the Banality ol' llie Mill. — Sec. JO. g]^|

All Proprietors and Farmers occupying lands, adjoining the
King's Highways comn)ordy called front lirads, are upon tlie •
breadth of their lands respectively to keep in good repair the *
Highways and Ditches. But wliere the repairs of anj ij
Highway, are lobe borne by several Propi ielors facing each p
other, every Pro|)rietor or Farmer shall repair the whole width ^^^
of that part of the Highway which shall be alloted to iiim hy
the Majority of three Overseers not interested therein, who
shall draw up a record theroof and deliver a copy of it, if re-
quired, to each of the parties interested ; but no Farmer or .. '
Proprietor, whose land is not more than thirty arpents in ^1
depth, is obliged to repair at liis own expense more than one .J^
the breadth of his farm — Sec. 3.

tW(

Hidi

way upon

rei

Highwas pas-
•ing throu'-h
wood lands uj
whom to be ro-
p«ir«4.

Highways passing through woodlands, not yet granted bj^ ^'
'" or not conceded by the Seigneur, or through lands

the Crown J

conceded but deserted, are to be repaired by the persons

sc to pny )ii^ \ .•,,...,, i .

c! by ilie (>• '^^"'^ parucuiarly bcnclitcd tliercby, in proportion lo then
10 pursuu re- J'"'^'* ^^' t-'oiicession .- lo which the Seigneurs or ori^qnul (iran-
Udes Jire to contribute in proportion to the private Domains
re<;pectively reserved by (hem, providml the lli^hvvays are ot
d or widened i»ny utility to 8uch Domains. The persons subJL'et to mnkt;
n (jlardcnor lliesc repairs, are to be named in a proces verl)ul, to boaiiawn
nding picket 4ip by tlie Grand Voyer or his Deputy lor tiie jiurposeand
, IJarn, Mill tliey itre to continue to make such repairs, until such time us
or (urn the the lands upon such Highways, shall be conceded by the ori-
rictor.— Sa*. ginal Grantees, reserved as a private Domain, put into a state
of Improvement or inhabited ; and they are also held lo re-
pair theirTespectivc shares of every otlier joint Hif^rliway, to
not yet gran- which (hey are respectively obljf^ed ; and it is provided, that
ir, or through any person who shall desert lands without legally surrendin;^
I by the per- kis Title, shall incur and bo prosecuted by any Surveyor or
proportion to Overseer, for the Penalties imposed by (he Act, on all (hose
rs or original who neglect or refuse to repair their parts of the Highways. —
portion (o (he Sec 7 and 8.
iifc Highways

All Bye Roads and the Ditches and half of the fences, when

they are on a line of separation betweeti two Concessions or

ith the ditclics i^YQ pr^jpfigjf^rs and when thoy deviate from such line, the

be performed, Ditches and Fences on both sides are (o be kept in good re-

her hall by too p^jr by those who are or naay be bound to repair them, agree-

— Sec. \0. able to the proces verbal of the Grand Voyer or his Deputy

,. . . , relative thereto ; but (he proprietors who have furnished

''"''^'""'8^^ ground for making such Bye Roads, and the majority of the

1, aie upon t le pgj,gQj,g bound to repair them, may ngree among themselves

rooil repair ine yg^pgcting the repairs, and their agreement shall be binding on

•pairs ot any ^jj ^^^ parties interested ; provided it is reduced to writing be-

rs lacing ea^i fore the Grand Voyer or his Deputy, or the Surveyor and

iic whole width j^^ overseers of (he Parish.-5.A 4.

tted to Inm by

I ihcrciii, who j^^^^^^ j^^^^^^ ^^^,j^jj^ ^,^^^ continue such) with the Ditches
opy ot it, 1 re- ^^^^j j,gj..gss,jry Fences, are to be divided by proces verbal, by
no i^"»'"i|^r 01^ llic Grand Voyer or his Deputy into fourteen parts, of which
:ty arpents in ^^^^ ,^earest to the Mill is to be repaired by (he Proprietor of
more than one ^^^ ^j^,^ ^^^^^ ^^^ remaining thirteen parts are to be kept in
repair, by the Inhabitants subject to the Banality of the Mill. —
yetgran(ed by ^^^' ^^'

jv tbe^nersons ^^^ Biidges over Ditches or Streams of wa(er, as well as all
^ ^ other Bridges and Hills situate in the Highways, commonly

By*. Koailn how
to l)c rcpairctl.

Banal Roads
hou' to be re-
paired.

Bridges not de-
clared by the
Proces V'crlin.l

of ifi.> (Jraiid
\ Oyer to be pu-
blic liridi.';eb liuw
to be rejuiiictl.

?\ibrir bridges
liowjo be repai-
red.

Ditciies cros-
sing Ibe Hij;b-
■\viiys by i\lioin
'o lie cleansed.

When Per-
sons bound to
repair the Hiftli-
Avays or IJrid-
gcs, refuse to
iTiakelbc repairs,
l!ic Grand \ oy-
er may cause
them to be ma-
de at tiieir ex-
I'eiicc.

An action
will lie against
the Dcf'au'ters,
in eases of acci-
dents or dama-
ge happening to
travellers lor
want of repairs
in the High-
■ivays.

Regulations
respecting High-
ways near Trccig
pices and on
steep Hills.

called fi out Roads, and not declared by the proces verbaus
of the Ciiand Voyer or liis Deputy, to be such Hills and Brid-
ges as ought to be kept in repair at tlie public expence, are t(
be repaired by those before whose land they lie. — Sec. 3.

*.(i

All public Bridges already built, or to be built as well ta
public Hills kept up by joint labour or Corvees, are to be re
paired by the Inhabitants mentioned in the proces verbal ot
the Grand Voyer or his Deputy, and in case of disputes amon^'
tliemi the Grand Voyer or his Deputy is to decide by whom
the wc'k ought to be done. — Sec, 16.

ire t

^ T

bout
siste
may
worl

be r(

way

tfuei
Ditches dividing farms or Concessions and little Rivulets J„^|

crossing the King's Highways, are to be cleansed by those, ^i ^|^

who arc obliged to keep the Highways in repair, o[)posite to ^^gg,

the outlets of such Ditches and Rivulets. Water courses,

Gullies and Rivulets, over whicli public Bridges are made,

.'ire to be cleansed by those, who are obliged to make such

Bridges, and are named in the proces verbal of »hc Grand

Voyer or his Deputy. — Sec. 16.

be d

•ppc
et SI
«io^
the<
men
rotai

Whenever a Grand Voyer or his Deputy or any Surveyor
or overseer, shall find any part of the public Highways or
Bridges in want of repair, tweenty-four hours after notice to
the person obliged to repair, given to him verbally or publicly
made ou a Sunduy after morning service, at the Church door mad
or at most public place of the Parish, if there is no Church, he on h
may employ Labourers and Carriages, and repair the High- any
way or Bridge at the expence of the person bound to repair it, 6ver
which expence such person is obliged to pay, together with
the fine imposed by the Act, on Persons neglecting to make A
their Repairs; and if any accident or Damage happen at any or I
time from the want of Repairs in the Highways or Bridges, both
the Person to whom such accident or damage shall happen, then
may recover the amount thereof, from the Person wlio ouglit the
to have made such Repairs, by Action at Law in any of the
Courts of King's Bench.— Sec. 31,

fciini

abo\
shal

TheGrsnd Voyer or his Deputy may direct Hi^^hways
passing near precipices, to be removed to such distances as he
may think proper. Highways on steep Hills are to be made
easy of descent, and protected b'/ solid rails, where he shall

at) ill

for

3ce.s verba u:k
lis and Brid-
pence, are U
-Sec. 3.

ilt as well as
are to be re-
8 verbal ol
>piilesamon/,r
tie by wljom

ttle Rivulets
cd by those,
opposite to
Iter courses,
3s are made,
make sucli
»hc Grand

ny Surveyor
highways or
er notice to
f or publicly
Church door
• Church, he
ir the High-

to repair it,
gether with
ing to make
|)pen at any
or Bridges,
all happen,

who ought
I any of the

Jiuli^e it necessary, and this'work is to bo done by those who
ire oi>liged to keep such Highways In repair. — Sec. 13.

The Grand V^oyer or his Deputy may cause the l^ersons
bound to the heavy Repairs of expensive Highways, to be rs-
listed therein and lor this'purpose, by his proces verba!, he
»iay require such persons of the neighbourhood or Parish, to
work on such Highways as to him shall seem meet. — Sec. 1.3.

In all cases where the Grand Voyer or his Deputy shall not
be required to distribute the work to be done on pablic High-
ways and Bridges, such Distribution is to be made anil assi-
gned by a Majority of the Overseers of the Parish, to the Oc-
cupiers and Proprietors of Lauds, specified in the proces verbal
of the Grand Voyer or his Deputy, and when it shall be ne-
cessary to pay artificerL for making, or conducting the work to
be done on any public Bridge, or to purchasse materials, the
apportionment of the sum wanted, is to be made by a majority
©f such Overseers, and levied at the suit of the Surveyor, on
iliose obliged to work at such Bridge by the proces verbal of
the Grand Yoyer; and such Persons, until such apportion-
ments are made, are obliged to assist in the work required in
rotation, if ordered so to do by the Overseers or Surveyors.
« — Sec. 19.

Tho (iraiii
Voyer may cv.i ■
>c Peiaons
l)OuriJ to tlif!
Iioavy rc;),iir:' ol'
cxpoiidive High-
ways tr be as-
sisU'il Uicrcin.

When tlio
Graiul Voyer is
not required to
Uislrihute tin
l)ul)!ic I;ibor,llic
distribution it to
1)0 made by the
Overseers.

licgulatioiH

prescrvuii^

Highways
ances as he
o be made
e he shall

For preserving the Bridges and Roads in good order, Wli/n
made or repaired, the Act declares as follows: that any person, J;". .
on horseback or in a Carriage, who shall trot or gallop over itouiff uhen "ma-
any public Bridge, exceeding twenty feet in lentli, shall for de or reiiairtd.
every such offence, pay a fine of five shillings- — Sec. 17.

And that if any Bull, Ok, Cow, Steer, Heifer, Horse, Goat Uuii, Ox, ke.
or Hoff shad be found straying in any Highway inclosed on f'""'"' , , i'^f'^J ' i-
both sides, any Peace Olhcer, surveyor or Overseer may seize ^^j. ,„. ppiz,,^i'
iS^iem or cause them to be seized, and may detain them, until
the Owner thereof shall pay to him for each animal so de-
clined, the sum of two shillings and six pence, and over and
above that sum, one shilling a day, for every day such animal
shall have been detained in his Custody. Sec. 36.

The Peace Ofiiccr, Overseer or Surveyor is to advertise the Animal seized
animal, which he may seize, at the Church door of the Parish, ''^ '",,^''*'\';,'^,'';,;|
hv three Sundays next after the Seizure, in the morning, afier ;','yoror ihe'pa'

rish, he--

an
cie

tlie
are

Rcgnlations
respecting ivin-
tor llouds.

Winter Rona^
lion- to be luiil
on.

'i'\iv VViiiltr
lliu,lnvny.-j iiiiit
biinai {u);i(l>. (o
be niaikf:(l witli
Poles and rcpai-
roii after every
fall of snow.

divine Service, unless the animal is sooner claimed ; and if
upon (lie ihird Sunday, no person shall appear to claim it,
the prace Ollicer, Overseer or Surveyor is to sell the animal
or cause it to be sold, on the next Sunday, at the Church door
iirmetliately after Divine Service in the morning, and after
deducUng the fine and expcnces, allowed him by the 3Glh Sec-
tion, from the price paid for such animal, he is to pay the re-
mainder to the Road Treasurer, if the animal was seized in pai
either of tlie Parishes of Quebec or Montreal, but if in any the
other Parish, to the Grand Voyer of the District. But if the kef
Owner appears within a year, after any animal so seized shall Ko
have been sold, and proves his pioperty before a Justice of Opj
the peace, the Grand Voyer or Road Treasurer, as the case leq
may be, upon the order of the Justice, is to repay to him the by
sum by him received for such animal. — Sec. 37. -^ec.

The public Roads in winter, arc to be fixed annually
between the first day of October and the fifteenth day of No-
vember, by the Overseers in the respective Parishes, at a Meet-
ing to be held by them for that purpose, of which Meeting
ihey are to give public notice, on a preceding Sunday or IIo-
lyday after morning service, at tlic Chuich door, or at the
most public part of the Parish, if there is no Church : that
the Persons interested may attend, and after hearing such Per-
sons, if they attend and require to be heard, the Overseers or
a Majority of them, are to marke out the f)laces, where tin;
winter Roads shall pass, and to order the Fences to be taken
doAvn, where it may be necessary, and give such orders for
keej)ii!g up and repairing such winter Roails, as they may
think proper ; which orders, every inhabitant bound to sucli
repairs, must obey ; although, if he thinks himself aggrieved,
he may appeal to the Grand Voyer, who is to decide finally ;
but the Overseers are not to takedown more than ten feet of
any fence, nor to cause any winter Road to pass through
any Garden, Orchard or Field, fenced with a quick hedge,
without the consent of the Proprietor. — Sec, 22.

All persons bound to repair the King's Highways, or banal
Roads, upon the first fall of snow, are to fix poles or bran-
ches of spruce, cedar ov hemlock of eight feet long, on each
side of the public Winter Ro^.ds, not at geater distance than,
thirty-six feet one from the other ; and when they fall or arc
pulled up, they arc to replace them, without delay, and they

1
Waj
Wat
Olea
ged
poh
timi

■ i\
left
feu
to I
met

J
arc

Pre
Par

Se^

18 p

th
sh
to>
affi

JtL

ned ; and if
o claim it,
the animal
;)hurch door
, and after
le 3Gth Sec-
pay the re-
is seized in
Lit if in any
But if the
seized shall
a Justice of
as the case
to him the

are also bound to open and beat the Roads of a width sufK-
cient for one Carriage, and to level the Cahots and Pentes,
fis soon as they are formed. — Sec. 23.

The Overseers are to point out the customary Roads upon Winter Roads
the ice, crossing the Saint Lawrence, or other rivers, which o" Hivers, iiow
are to be marked by Poles or Branches, made and kept in re- !?, li': 'I''!!!'; ""'^
pair accorcimg to ancient custom — All Roads on the ice, in
the front of farms, are to be marked out by Poles, made and
kept in repair by those who are obliged to ma.ie the land
Roads, but the inhabitants of u Parish, who find themselves
oppressed by the work directed to be done as abovesaid, may
lequire the Grand Voyer to make a distribution thereof, either
by Parish or district, of which he is to makeaproces verbal.--
Sec. 24.

ed annually
day of No-
's, at a M eet-
ich Meeting
nday or Ho-
oor, or at the
•hurch : that
ing such Per-
Overseers oi
^, where (liii
IS to be taken
h orders for
as they may
ound to sucli
elf aggrieved,
ecide finally ;
m ten feet of
pass through
quick hedge,

The passes of fordabie Rivers, intersecting the King's Iliijli- Passes of Tor-
Ways or Roads upon the Beach, as early in thesijriu^r as tiie */^^''r ^^*^f* ^^J

r -ti • 1 i' 11 11- "^ clLiinsed anil

waters will permit, are to be cleansed and marked out, iii a nmrkcii uut witii
^lear manner, with poles and branches, by those wliu are obli- I'ulcs.
ged to mark out the winter Roads, over such passes, and the
poles or branches are to be well secured in cross pieces of
timber, loaded widi stones. — Sec. 18.

No Encroachment, annoyance or nuisance shall be made or Penal'y on

left by any person in the Highways or banal Roads, under a i!';[:?o!Llm?u^^^^^^^

Penahy of five sliillings an each offender, who sh.ill be obliged ur leaving Nui

to remove immediately, at his own expenee such Knc roMch- "^^''^''^ i^" <'"'

B»cnt, annoyance or nuisance. — Str- 21. naTuoaill."' ^

vays, or banal
)oles or bran-
long, on eacL
distance than,
ly fall or art-
lay, and they

The justices in their general quaticr Sessions of the peace,
ate irapowered to hear and determuie all matters relatively to
jProcet, Verbaux, in their respective di;;tricts, nnd the (iiatid
Voyer or his Deputy shall deposit with the Surveyor of the
Ifarish, Seigneurie or Township, all Proces Verbaux, diawn
ttp in consequence of .".ny requisition made under the Act, to
he read and published on a Sunday or Holyday, at the Parish
vhurch door, after the morning service, and where no service
i$ performed, then at the most public and frequented place in
t|ie Parish, Seigneurie or Township, of which publication, le
Aall draw up a certificate, at vhe bottom of the proces verbal
^ which he shall sign his name, or if he cannot write, shall
affix his mark before two witnesses and the Proces Verbal

Justices ill
llitir General
(inai l(;r Sesaieiid
of 1 lie Peaee to
liear ami detei-
iTsine all iiiaUcis
re 1 at ins; to Pro-
ces Verbaux.

Orand Voyer
to deposit Pro-
ces Verbaux
uilh the Survey-
ors of Parish
&c.

)!:

1
t

rii

shall remain eight clays at the Surveyor's house, for the infor-
mation of the persons interested therein, and shall be after-
wards registered in the Grand Voycr's Office, with the certi-
Thc Grand fici:>c annexed lo it, and the Grand Voyer or his Deputy shall
Voyer is to pro- make mention in the Proces Verbal, of the day that he will
Bocuic the raiifi. p^Qsecute the ralificatio;), in the court of general quarter scs-

catioa ol his '^. ,. , , , ,, , ., ,i P, ^r i i • .1

Proces Vorbaux. sions 01 the peace, and shall deposit the Troces Verbal m the
Clerk's office of the said court, eight days at leaft before the
day fixed for its ratification, in order that the persons interes-
ted may obtain a copy, and prepare their means of opposi-
tion, if any they have ; and after the day so fixed for the rati-
fication, no opposition shall be received, and the said court
shall then, or any other day it may rule, hear the Grand
Voyer, or his Deputy and the opposers or those interested, if
any appear, and shall do justice as well in the ratification or
rejection of the Proces VerbauXj in the whole or in part, and
the judgement shall be given tethe Grand Voyer, by the
Clerk of such court, within eight days following-, to be an-
nexed to the register of Proces Verbeaux, in the office of the
said Grand Voyer, and afterwards a copy thereof to be delive-
red by him or hisDeputy, to the aforesaid Surveyor, to be put
in execution. — Sec, 20,

AU Proces
Verbaiix, &c. to
be delivered to
the Grand Voy-
ers.

And Duplica-
tes of their re-
ceipts to be
transmitted to
tlie Secretary's
ollice.

All public Officers, or other persons having in their posses-
sion, any original Proces Verbaux, Kegislers or Minutes,
(either ancient or modern) concerning the Highways, are
forthwith to deliver them into the hands of the Grand Voyer
of their respective districts, taking receipts for the same, spe-
cifying the original Proces Verbaux Minutes and registers so
delivered up. And Duplicates of all such receipts, are to be
transmitted by the Grand Voyer or their Deputies respecti-
vely, into the Office of the Secretary of the Province. — Sec. 33.

I do hereby certify that the foregoing Abstract was
made by me, in obedience to the 11th* Section of Provhi
cial Statute, 36. Geo. II f, c. 9.

J. SEIXTELL,

His Majesty's Attorney General of and
for the Province of Loicer -Canada.

I- the infov-
11 be aiter-
h the certi-
leputy shall
liat he will
parter scs-
crbal in the
t before the
ons interes-
s of opposi-
for the rati-
; said court
the Grand
interested, if
tification or
in part, and
oyer, by the
g, to be an-
; office of the
to be delive-
or, to be put

their posses-
or Minutes,
ighways, are
3rrand Voyer
tie same, spe-
id registers so
pts, are to be
ities respecti-
nce.^ — Sec. 33.

Abstract was
mofProvin-

ELL,

encral of ami
ir-Canada.