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Those too large to be entirely included in one exposure are filmed beginning in the upper left hand comer, left :o right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., pe-jvent dtra filmto i des taux de reduction ciflire'its. Loieque le document est trop grand r ir atre reproduit en un seul cliche, il est flip partir de Tangle sup^rieur gauche, de gau j droite. et do iiaut en bas, en prenant le nomL.e d'images nicessaire. Les diagrammes suivants iilustrent la m^thcde. 1 2 3 1 2 3 4 5 6 1 iiniiiHiiiii ,,„,,,„nmuMiHi«HUHiniHiHmH«MHiHinnnimimi«HinmiHnuHi!!g«»| 5 1 iB^lSB® WM""^^ OF THE CORPORATION 1 I 1 %! S OF THE I ^oiwH^hip ♦t « s *4* pi^fe^riHg. i I 91. 31. 9Ilo-n>«>vaij, &«.:f' §'^^'^- PIOKEEING : Printed by W. J. Clark, "NeWB" Office. 189ot isiiiiimiHmmiiiimimmiii«mHiHiiiniMiimiH«uiiiimiiiiimii.iMiim^^^ T ../• / REVISED BY-LAWS OF THE. CORPORATION I ^°w .OF THE. "S of pi*' r inS ' ■ ^w* » 3i. ofi. ?l\lo^^>ii^ci^j, ©i>Cf., Sleeue. Pickering : PBINU'ED BY W. J. CLABK, "NEWS" OFFICE. PldUBINO. 189B. ^::ItA:5 /.> ( o \ Aaosr:(Kf! r^' \ C ,<• / ^'' or Tss CORPORATION OF TBS TOWNSHIP OF PICKEEING. BYLAW NO. 735. By-Law to Regulate the Performance of Statute Labor, and to define th$ duties of Overseers of Highways in the Municipality of the Town- ship ot Pickering. The Manloipal Council of the Township of Pickering enacto m follows :— 1 Every male inhabitant of this municipality, between the ages of twenty-one and sixty years, who ia not otherwise aasesBed and who w not exempt by law from performing Statute Labor, shall be liable to pertorm one day's Statute Labor on the public highways in the road- division in which they reside, in each and every jear. 2 Every person whose name shall appear upon the Assessment Roll or Rolls, or who is liable by law to be assessed, (and not other- wise exeojpt bv law) bhall, if his or her property is assessed at np5 more than nsO.OO, be liable to perform one day's Statute Labor m each year. At more than $160.00, but not more than $400.00, U a&y*. II •t It It 400 800 120O 1700 2400 8200 4000 6000 6200 7600 9000 It It ti It 800 1200 1700 2400 82G0 40o0 6000 6200 7600 9000 10500 2 2i 8 4 H 6 6i 6 1 8 fj\ BYLAWS. an<^ ior every »2,000 over $10,500, one day addiUonal, and any frae. tional part of $2,000. if it amouotH to « 1. 000 or over. Bhal be oh^rjed vith one day additional, but if 8Uob traoiional part be lens than »1.UU0, it shall not be aoooanted. 8. Every person liable to perforoi Statute Labor may commute for the same by paying the overseer of the road^divis.on in ^^^^'^h "uch Statute Labor should be performed, the sum of "'f" y-^^\f "/^ P^^ day, for each day's labor of eight hours, provided always that such commutation money in lieu ot Statute Labor ^hall be paid to such pyerseer at the time when said oversee- requires such person to per- form said labor, or within three days thereafter. 4. All persons holding lands in more than one roaddiyision shall be rated for Statute Labor according to the whole valaation thereof, except as provided m clause 19 of this By law, but shall perform their labor proportionately in the respective diyisions where th« property ii situated. 6. All Overseers of Highways in this municipality shall be ap- pointed by By law at, or before, the first meeting ot the council in the month of April in each year, and shall make and subscribe the neces- sarv Declaration of Office within twenty days alter receiving notice of his appointment, and shall ho.-l office for the term of one year dating from the first day of Mav, unless removed by death or bv the action ofthe council of this municipality, provided always, that in case the party appointed shall refuse to act or accept office, then jq such case his predecesi or shall remain in office until his successor shall make the necessary qualification for said office, and the person so appointed shall, within the said twenty days next after receiving notice ot his appointment, make end pubscribe a declaration before the Clerk ot the municipality, or some member of the council thereof, or before a Justice of the Peaoe. in and for the County of Ontario, in suth form as is hereinafter annexed as Schedule A., and it shall be the duty of the Overseer, after making said declaration, foi- .vith to take charge of all the highways within the road division for which he is appointed, and. BO far as the Statute Labor or Road Tax placed under his con- trol will enable him, keep in good repair the roads and bridges within such road division for which he is appointed, and erect, or cause to be erected, at eyery pit, precipice, deep water or other dangerous place CD the highway in his said division, such railing or guard as may be necessary to prevent accidents, and maintain and preserve the same. Vrovided that if such Overseer has not sufficient staiute labor or money available to make any such needed repairs, oi'to rail any such dangerous places, he shall forthwith report such needed repairs or dangerous places to the Council of the municipality, or to some mem- ber of said Council. 6. E^ery Overseer of Highways shall also require and canse to be out all Canada Thistles and other noxious weeds, that may be growing on any of the highways iia the road division for which he ib appointed, once avery year, cr oftener if necessary, to prevent the same BYLAWS. from Roing to seed, and the Oyerseer ehall alwayg recerve iuffioien* Btatnte Labor in bis diyisioD for said ourpose. 7. It shall Qot he lawful for any persou or persons to leave any timber, Bione, wood, saud, or any other enoumbranoe whatsoever upon any road allowaaoe or publio hit^hway, or to remove any timber, stone, wood, eaod, Rtavel, or any other material from any load allow- ance beiouRioj? thereto, or commit any wilfal injury to any publio hiKhway or bridge thereon. 8. No store, gravel or other material shall be put upon the roads for repairs during the winter months so as to interfere with sleighing. 9. Every Overseer of Highways shall, notwithstanding that he la such OyerBeer, be liablo for the same aioonnt of Statute Labor as i! hd were not an OyerReer ot Highways, but he shall be allowed one day for eyery day necesBa.ily spent in superintending ihe performance ot the Statute Labor in his division. 10. All Statute Labor shall direction and suporinteodenoo of th time as he may require and direct, three days notice to all porsons liabk division previous to the day on which . provided in clause 16 of this Bylaw. d under the personal i- such place and such ^ shall ttiveat least Statute Labor in his pointed in the Township of Pickering, and that I have not reoeivedv and will not receive any payment or reward, or promise of such, for the exercise of any partiality or mi.lversatiou or other undue exeoaiion of the said offlc*. Snfosori\jd before tue at th* of ll^ Coanty of Ontario, this 0| . 18 CD. m day A. B. Olerk. Reeye, Depnty.Reeve or Jastioe of the Peace, (as the Okse may ba.) / ^ BYLAWS. ^9 SCHEDULE B. 0VBE8EER8 CERTIFICATE, (OlaUBe 24). I. A. B.. Of the Township of PJokering, ia the Ooanty of Ontario. Overseer of Highways, for (he Road Diviaion No. . of the saS Munioipaluy . for the year. . do hereby odrtify that the witT'n re- turn of Statute Labor performed, and Stftute Labor in deliuU and money received and expended in said Boad Division, is trae and oor- Dated at Piokerinff, this day of A. B. 18 Overseer. i BY-LAW NO. 736. 1 ; i < ■ '■ ■■'■.'» \ To provide Rules and Regulations for the expenditure of appropriations on Roadi and Bridges, and material obtained by Overseers of High' ways and others (or the use of the roads in the Township of Picker- ing. The Municipal Council ot the Township followa : — of Pickering enacts as 1. All petitions asking for appropriations on the highways in this Municipality must be in the hands of the Clerk, or some member of the Council before the First day of May in each year. 2. All road contracts or work shall be let by public tender or public auction, after due notice being given ; and the party taking the contract shall sign an agreement in such form as the Council may direct, which agreement shall state particularly a description of the work to be done, as well as the contract price and the limit of time given vor the completion of the contract. Provided, that in cases of immediate necessity for the protection of the public, any member of this Council may have work done without auvertiuing or lettrng the same by public competition. ?. No Coramissioner appointed by this Council shall use his own teams or men in expendint; any mouey appropriated on the hiuh- ways of this Municipality, but such work must bb performed by some person other than the Commis8ion«^r appointed to superintend the same ; all bills or accounts presented to this Council in violation of this rule shall be repudiated. 4. All grading which shall be done on the sixth and ninth con* cession roads, the Kinsale, Brock and Kint;stun iioads.aud on the road, leading from Altona to the Rouge Hi' I, whether by contract, or by voluntary or Statute Labor, or under the supervision of a Commis- sioner or an Overseer of Highwayo, shall be madd not less than twenty feet wide from the inner sides of the ditchef:, and the (;radin% shall not be less than sixteen inches in height, where not affected by cuttings or tilhng ; all other roa'ls to be graded not lenH than eighteen feet in width from the inner s^des of ditches, with the other conditions as aforesaid. 5. In all work of gravelling which shall be done in this Muni- cipality the gravel shall be spread on the centre of the grading nol more than five feet wide, and the gravel shall be of a depth of not less than nine inches and •'ounded to a crown. All contracts of gravelliug shall have the personal supervision of the Commissioner who shal! ^os that the proper quantity and quality of gravel is used. No money shall be expended for gravelling in this Municipality unless it is showii that the road proposed to be gravelled is properly gradetl and fit to re- oeive the same. BYLAWS. 11 6. Any CommiBsioner having obarRe of any expenditure on the roads or bridges of this Municipality, upon receiving notice from the Contiaotor that his contract is completed, shall yisit and inspect the work, and if completed aooordinR to contract and to the satisfaction of the said Commissioner, shall pass the same ; but if the same be not so completed, he shall order it to be completed so a9^p fulfil the contract and for any subsequent visits he may have to make to inspect and pass the work, he shall be paid by the contractor, and his charges therefor shall form a lien or charge on ihe contract price. 7. Any Commissioner who refuses or neglects to carry out the instructions as laid down in this By-Law may have his commission revoked by any member of this Council, and another may by the same authority, be appointed in his place. 8. AH accounts for lumber, gravel and other material obtained for use on the roads and bridges of this Municipality shall be certified to by the Commissioner, Overseer of Highways, or other persoa hav- mg authority to order and obtain the same. 9. AU orders for lumber for use in this Municipality shall specify the Road Division by No., and the particular locality in road division where such lumber is to be used ; the number of feet required and the full dimensions of the culvert or bridge to be covered -when timber is to be used, the length, breadth and thickness of each' stick and the number of sticks to be used, and where in the said division or Municipality to be used ; for gravel, the certificate must state the No. of the Road Divieicn, where used and where m the said division or Municipality the gravel was placed, the number of yards taken from the pit and from whom obtained. 10. It shall be the duty of the Commissioner, Overseer of High* ways, or others having authority to grant certificates for gravel lum- ber and other material, to sign the certificate therefor and forward the same to the Clerk by the First day of September|in each year. aL All Overseers of Highways in this Municipality shall on or before the Jirst uay of September in each year report to the Clerk, the quantity cf timber (both sawn and round) lying unused in their spective road divisions, re« 12. All Overseers of Highways shall be Alsj governed and sub- ject to the rules laid down in sections 8, 4 and 5 of this by-law. 18. All rules and regulation whether made by Bylaw or other- wise, Pontrary to or inconsistent with those prescribed in this Bylaw be and the same are hereby repelled. . ' Pass'jd November 30th, 1897. R. R. MOWBRAY, Reeve. D. R. BEATON, Clerk. I BY-LAW NO. 738. To Provide for the Removal of Obstructions from public highways in the Township of Pickering. ': i > 1 The Municipal Ooanoil of the corporation of the Township of Pickering enacts as follows : — 1. It shall not be lawfal for any person to have or place any fence, timber, stone, firewojd. or any other obstruction upon any hiehway under the control ot this oounoil, excepting material that is to oe used for public road or bridge purposes. 2. The party or parties having or placing any such obstructions or rnaterials upon any highway in this municipality shall, after notice from this Council or some member thereof to remove the same, and upon default for five days after such notice, be liable for the expense of the removal of the same. 8. The Oounoil of this municipality before ordering the removal of any such obstructions or causing the same to be removed summar- ily as aforesaid, may through the Clerk notify any person having or placing such obstructions on any public highway in this Township to appear before the said Council, at a meeting of the Council, to be held not sooner than eight days thereafier, to show cause, if any, why he or they should not cause such obstructions to be removed. 4. On application in writing to this Council made by any free- holder or householder of this township for that purpose, the said Council, through the Clerk, shall, if deemed expedient by the said Council, notify any person or persons alleged to have, or to have bad placed any such obstructions or materials upon any highway m Ihis township, to attend a meeting of the Council (held not sooner than eight days from the date of such notice) stating the time and place where such meeting will be held, to show cause, if any, why he or tbey should not cause such obstructions to be removed. 6. If any person or persons, after having been duly notified as as aforesaid to remove any such obstructions or material from any public highway in this township, fails to remove the enme by the time required, it shall be lawful for this Council, or for tb« Reeve, or f\ny other member thereof, by a written order directed to any Oyerseer of High- ways or other person or perpons to baye the same removed forthwith and the expense of such rf moval f^hall be paid by the person or ter- sons who were notified to and should have removed the same; such expenses if not paid may be placed on the Collector's Roll and collect- SRS3WS*|ir BYLAWS. 18 highways in rowDship of r plaotf any on upon any is erial (bat obstruotioDB , after Dottoe le same, aod the expense the removal ad summar* a bavioi; or rownsbip to i, to be held icy, why he ed as are ordinary municipal taxes, or may be oolleoted bv summarv proceedings before a Justice of the Peace L hereinafter directed!^ authn^Jtv^n7»h?o^!i*°f ""^ "^""** *° °^«y '^"y order made under (he JbStniof.nl Ja r'*^^^^ '^« costs of removiuK any such obstructions as aforesaid, shall subject (he offendor (o a pe-altv for every such oflfenseofa sum no( less (ban «1, nor more than ft20 to Kether with costs of prosecution as well as of such Jemova? 3uch penalty and costs n ay be recovered and enforced by summarv con- viction before any Justice of the Peace of the county,^ aSd^Tn defluU tr^u^!t^\ '^VT' T^ ^ '«^>«'* by distress and^sale of the 3 ment the off^Ll'l' °^'°1f'' '^"^ '"? d^^ault of such distress or'^pay! Counlv thef M L"^"^ >^ committed to the Commor. Gaol of the Lvs ^unL«« V« fi^ *°^P"«°°ed fp^ aoy time not exceeding fourteen soon;rpaid »"d oo^'^. ^^oluding the costs of oommiUal be »u.uL "^Tf l^u^m^ recovered under the provisions of (his Bv-law genera'f fSnda!° '^" ^''''''''' "^'^^^ ^^'^"^^'P' ^°d form 'art of iZ « 8. Bylaw No. 698, and all other By laws or narfcs nf Ri7 i.n,. «# Passed November 30th, 1897. K. R. MOWBRAY. Reeye. DONALD R. BEATON. Clerk. by any free- )se, the said by the said o have bad 7ay m Ibis sooner than le and place ', why he or y notified as al from any by the time or F\ny other er of High • d forthwith -Bon or per* same; such and collect' ■:' BY-LAW NO. 739. To provide for the protection of Side and Crossing Walks in the Town ' ship of Pickering. The Municipal Ooanoil of the Corporation oi the TowuBhip of Pickering enacts as follows : — 1. From and after the passinff of this Bylaw it shall not be lawful for ^ny person or persons to ride upon, improperly U"e. or in any way damage or place any obstruction upon any sidewalk or cross- ing which is now or hereafter may be laid down on any highway or street in this township. 2. Any person convicted before any Justice of the Peace for the County, of any infraction of this Bylaw shall, fo!- every such offence forfeit and pay a penalty of not less than one dollar nor more than twenty dollars, together with the coHts of prosecution, which penalty and costs, if not otherwise paid, may be collected by distress and sale of the goods and chatties of the offender, and if there be no such crnods and chattels, then such offender may be imprisaned in the Couotv Oaol for any peri 3d not exceeding twenty one days, unless the penalty imposed together with the costs of the prosecution and committal be sooner paid. 8. All penalties recovered under this Bylaw shall be paid to the Township Treasurer and by him paid to the Overseer of Hiehwavs for the Division wherein the offence was committed and be by Ruch overseer expended for the benefit of the roads in such division. 4. Any Overseer of Highways in this municipality may, as agent for this Corporation prosecute any person or persons violating the provisions of this Bylaw in the division for which he is overseer. 5. By law No. 594, and all other By laws of this Corporation inconsistent with this By-law, be and the same are hereby repealed. Passed November 80th, 1897. R. R. MOWBR\Y, Reeve. DONALD R. BEATON, Clerk. BY LAW NO. 740. Bylaw to provide for the payment of a bonus in certain cases for the building of wire fences tn the Township of Pickering. Whereas the driftini; of the roads by snow daring the winter season serionslv impedes pnblio travel, and it being a sonrce of great expense to this manioipality to keep the same open therefor. And whereas it is deemed expedient that a bonus shonid be paid for the oonstrnotion and maintenance of wire fences on the lines bord< ering on the leading public highways of this Municipality, in order that snow may be prevented from driftmg thereon. Therefore be it enacted by the Municipal Council of the Oorpora* tion of the Township of Pickering :— 1. The Municipal Council of this township may, from the Town* ship funds, pay bonuses of ten cents per rod for the construction and maintenance of suitable wire fences on the boundary lines of the leading public highways in this muuioipality at Ruch points as ar? subject to drifting by snow during the wmter season to such an extent as to impede and stop public travel thereon, and where in the opinion of this Council, the substitution of a wire fence on one or both sides of the road would be likely to prevent such drifting. 2 Every person to whom any Ruoh bonus is paid shall enter into a covenant with this corporation to maintain the wire fence where ooostructed, and not to change it for any other than a wire fence having the approval of this Council. 8. No such bonus shall be paid except for fences on the leading roads of this Township, and h«fore anv such bonus is promised or paid the building of any such fence, and the style and kind of fence proposed to be built, must receive the approval and sanction of this council, and before the bot.U8 in paid the fence shall be built and aom. pleted, be inspected by and receive the approval of some member of this Council, or of some commissioner appointed by this connctl for the purpose. 4. By laws Nos 718 and 726 of this corporation are hereby repealed. Passed November 80th, 1897. R. R. MOWBRAY, Reeve. DONALD R. BEATON, Clerk. d BYLAW NO. 741. TownBbip of Piokermg :- ^^ ^^^^^^ ^^,,U 1 From and after the paBeing o^ t^^^^^^^.^u. sheep, Koat. piR. or charge and keepiDgjjjBQal no* ^®'?;^^ h an,n,ui. afihouRh the fence enclosing tn P ^^ B. It not previously ^^iJ^S^-;/-^ any horse, donkey, "»"l«;,^;"' Si'trained for ,?»>^^^""l:'" foi that c^t^tle, geese or °»^f.P°'i^i?dobg damage dehvered to him Jor ^^^^ large, or for t'^fP^^^^J^ evident within the Townsh P of PicRe^ «^,^^y purpose by any personjeB ^^ if the owner of geese °r ^^ j^,^,, or has distramed the b""« » ^^ same "om runmuK ^^^^^ the Peace for the Coumy u directs. „«;mftl or animals, or 4 -The p„„nak«P« *'}' ;»f;l„?B«Se buUdio.. yard or place ol rerideoee. j^-o^ded .hall at any lime ^ . The owner of any "'>™''lA"',E°™for withottt payment o( 5* BYLAWS. 17 mal, exclusive of Buch pounuaRO fees, and shall also give bis written agreement, with a security, if required by the poundkeeper, in the form following, or in words to the Baine eHect. ••I (or we) aa the case may be) do hereby agree that I (or we) will pay to the owner of the (describing the animal) by me (A.B. i this day impounded, all costs to which the said owner may be put in case the difltress by me the said (A. B.) proves to be illegal, or in case the claim for damages now put in by me the said (A. B.) faiib to be established. 6, In case the an-'- .al distrained is a horse, donkey, mule, bull, or cow, sheep, goat, pig or other cattle, and if the same is dis- trained by a resident of this Municipality for straying within his premises, such person instead of delivering such animal to a pound- keeper may retain the animal in his own possession, povided that he makes no claim for damages done by the animal and duly gives the notice hereinafter in that case required of him. 7, If the owner is known to him, he shall forthwith giya to the owner notice in writing of having taken up the animal. 8. If the owner is unknown to the person taking up and re- taining possession of the animal, or is unknown to the Poundkeeper, such person or Poundkeeper shall within forty-eight hours deliver or mail to the Clerk of this Municipality a notice in wrivng of having taken up the animal, and containing a description of the color, age and natural and artifical marks of the animal as near as may be. 9. The Clerk of the Municipality on receiving such notice shall forthwith enter a copy thereof in a book to be kept by him for that purpose, and shall post the notice he received or a copy thereof in some conspicuous place in his office, and continue the same so posted for at least one week, unless the animal is sooner claimed by the owner. 10 If the animal or any number of animals taken up at the same time is or are of the value of SIO, or more, the Poundkeeper or distrainer shall cause a copy of the notice to be published in a news- paper published in the County ot Ontario, and to be continued once a week for three successive weeks. 11. In cape an animal or poultry is or are impounded, notices of sale thereof shall be given by the ponndkeeppr or person who im- pounded the animal or poultry within forty-eight hours afterwards, but no pig or poultry shall be sold until after four clear days, nor any horse or other cattle until after eight clear days from the time ot im- pounding of same. 12. In case the animal Is not impounded, but is retained in the possession of the party distraining the same, if the animal is a pig, goat or sheep, the notices for sale ther«of shall not be given for one month ; and if the animal is a horse or other cattle the notices shall 18 BY LAWS. not be given for two raontha. nfter the aui.ual iB taken up. 18. The notices of sale may be written or printed and may be ailixed and uontinued for three suooeaBive dajs. in three public placen in this Municipality, and shall specify the time and place at wliich t)ie animal or poultry will be publicly sold if not sooner replevied or re- deemed by the owner or someone on his behalt payinf; the penalty im- posed by law, if any, the amount of the injury (if any) claimed or de- cided to have been committed by the auimul or poultry to the property of bhe person who distrained same, toi;etlier with the lawful fees and charges of the poundk<4eper, and also the Fence-viewers (if any) and the expenses of (he animal or animals or poultry's keeping. 14. Every poundkeeper, and every person who impounds or ooniines or causes to be impounded or confined, any animal or poultry ir any open or closed pound, or in any enclosed place, shall daily furnish the animal or poultry with good and sutlicient food, water an any pounokeeper, but re- tained the same in his own possessioL en any poundkeeper of the Municipality may publicly sell the ani^ ^1 or poultry to the highest bidder at the time and place mentioned in the aforesaid notices, and after deducting the penally and damages (if any) and fees and charges shall apply the product in discharge of tne value of the food and nourishment, loss of time, trouble and attendance so supplied as afore- BY L\W8. 19 Bflul, and of the expenBOB of ('.riyinR or oonveyioR and impoundiDR or ooatiuiDK the aDimal or poultry, aud of the sale aud atteDdioK same or incideutul thereto, and of the dumaKe when legally claimable (uot ex- ceedioK 920. to be ascertained as afuresaia) dune by animal or poultry to the property of the person at whose suit same was distrained, and shall return the surplus (if Q,n.v) to the original owner of the animal or poultry, or if not claimed by him within three months after the sale, the (.lundkeeper shall pay such surplus to the Trv^asurer of, and for the u. e of this Municipality. 19. If the owner, within forty eight hours after 'hq delivery of such statements as provided in section 5, disputes the amount of diuaaRes so claimed, the amount shall be decided by the majority of three fence viewers of this Municipality, ine to be named by the owner of the animal or poultry, one by the person distrainmg or claiming damages, and the third by the poundkeeper. 20. Such fence viewers, or any two of them, shall within twenty-four hours after notice of their appointment as h foresaid, view the fence and the gruund upon which the animal or poultry was foumi doing damage and determine whether or not the fence was a lawful one according to the statutes or by Ihwb in that behalf at the time of the trespass, aad it it was a lawful fence they shall appraise the dam- ages committed and within tweniy-four hours alter haying made their view shall deliver to the poundkeeper a written statement signed by at least two of them, of their appraisement and of their lawful fees and charges. 21. If the fence viewers decide that the fence was not a lawful one they shall certify the same in writing under their hands, together with M statement of their lawful fees, to the poundkeeper, who shall, upon payment of all lawful fees aud charges deliver such aninial or poultry to the owner if claimed before tho sale thereof, but if not claimed, or if such fees and chargtts are uot paid, the poundkeeper after due notice as required by this by-law shall sell the animal or poultry in the manner before mentioned at the time and place ap- pointed in the notices. 22. All division fences in the Township of Pickering shall be made of good aud sufficient rails, or of rails and posts, or uf boards and posts, or of any other proper material, and shall be not less than four and one-half feet in height, and no space within two feet of the ground shall be more than six inches wide, and all other spaces not more than one fool wide. 23. In case a poundkeeper or person who impounds or confines or causes to bo impounded or confined any animal or poultry as afore- said refuses or neglects to find, provide and supply the animal or Doultry with good and sufficient food, water and shelter as aforesaid, be shall for every day during which he so refuses or nej,'lect3 forfeit a sum not less than $1 and not .'lore than S4. 20 BY-LAWS. n^Jl'n^^ ,^°y/«oo« viewer neglecting his duty as arbitrator as aforesaiJ Hhal incur a penalty of $2 to bo recovered for the use of tins Mumoipaiity by snujiuary proceedingH before a Juntice of tha f\TfV ■ -^ ^«"iP«a'nl of the party aggrieved or the Treasurer of tUiE Municipahiy. ..nnll* 1 ^"^f^ ?°® and penalty 'napuPed by this By-law may be anv^'Til-n f'.V"'"^^ *"'• coHts by a Hummary conviction before f'?J i A °^ \*'® ^^^''^. ^"^ *''« °°"°*y' ^'^^ »" J«fa"l« in payment 16 ofifendor may be committed to the common gaol, house of corroo- t on, or look^UB-house of the county, there to be imprisoned for any IvT. 1- f ^'f «-«t>c^ of the convicting and committing .Justice, not nJIm.S-.fT''*''" ^^^'' "^^,^'' *^« ^'^« ""^ P«°a'lJ^ moluding the costs Of committal are sooner paid. ^ j « 26. V/hen not otherwise provided every pecuniary penaltv ntj^^'S .iH'°r ^"/.J^s^'o^ o» t'^e Peace under this Bv-jaw shall be paid and di8tribut3d in manner following: One moietv to be paid to ,n T aT'."'.l°^'*"' Mumo.pal.ty. and the other moiety thereof with tul costs to the person who impounded and prosecuted for the same, or to such oiher person as to the justice seems proper. «.«^^'- %*" Pouodkeeper and every other person who under the E"o°n ' °^ K^f °° ? V^'^ ^•^•''^^ distrains any animal or poultry Clerk of thid Municipality a statement for ihe year en.ling on the iJOth day of April prior to that m vvhich the statement is Hied, shewing as the case mavTe*:'' "^ '°'"'^'' """^ P°"'*'^ impounded or distrained. received. (2) The number of rtninoulfj and poultry sold and the amounts « „ ffi '^''^ ^""^ received for poundage fees and costs of keep by ponndkeeper or party dist.-aining. ^ (4) The amount of da.riage8 paid by any party. (6) All disbursements and to whom paid. (0) Any other receipts and expenditures in connection therewith. n^ ™«« The said statement shall b« certified to by the poundkeeper o. j-drson distraining as a true and accurate statement for the vear I- °fil6d.°'' '" ' -^ °* ^^''^ ^""^ *° "'*' '"^ ^'"''^ '^' statement f„J ^:,n„i ^^^ PO'J°dkeeper or other person required to file such re- tiirn. neglecting or refusing to file the same on or before the L-itli day of May m any year Phall be subject to ci penaltv not exceeding |10. to be recovered as are other penalties under this By-law 80. The Municipal Council ol this Town«h\p bHrII annnally ap- point a suHioient number of ponnilke«per4 ther«in, and every HUch ponndkeeper ho appointed Bhall. within twenty days after hia appoint- ment, make and BuhBoriho the declaration of otUc« aocordiuK to law. Huch poundkeoDerH to be appointed iitid hold nflfiCH or one year dating from the First day of May, next after their appointment. 81. For the contiayention of any of the provisicns of thin By. law not herein before provided, the offender shall be liable to a penal- ty of not lesB than SI, nor mora than $20. with coats by au'nmary conviction before a Justice of the f eaco as hereinbefore provided. 82. By law number 590 and all other bylaws now in force in th's municipality, inconsistent with this by-law are hereby repealed, provided that by such repeal no lormer by-law shall be revived. U8, The term "runnini? at large" used in thio by-law shall he flo construed as to extend not only to the public hixhways but also *o any parcel or lot of Ian '. not encloBed by a fence in thih township, and wliore Buch animal or poultry are not in charge of the or - or his or her agent. 34. Poundkeepers, for the faithful dJBcharge of their duties under this bylaw, shall be entitled to the following feen : — ANIMALS. FOR IMPOUNl)IN(i. FOOD AND WATER PWR DAY. ih 40 centa. each 40 cents. 80 It 80 " 25 «i 20 •• 20 «> 20 •• IC •< 10 " 10 ii 6 •• 5 It 5 •• Ilorfle, Mule or Donkey Horned cattle, over 2 years old. Horned cattle, 2 yrs and under. Pigs, oyer 40 lbs weight Pigs, 40 Ibo weight and under, Sheep or Goat, Qoose or other poultry, For every notice served on the distrainer or fence-viewer, 25 cents. For every agreement to secure the payment of fees and costs, 25 cents For selling animals or poultry, 2.J per cent, on the proceedf of the sal For postage and advertising in newspapers, the actual disburBemontB made therefor. 85. Fence viewers for the faithful discharge of their duties under this by-law shall be entitled to the following fees :— For each day or part of day employed, $2.00. For making and dfllivering awu.d, 50 cents, said fees to be collected by tlie poundkeeper and by him paid to the fenceviewers. 8(). The owner of every entire animal taken running at large or trespassing in the Township of Pickering shall pay the following pen- alties over and above the charges of the poiuadkeeper, that is to say: — 22 I BYLAWS. ^or every bull over nme months' old. SG 00. • * • i;or every ram. over four months' old. $2.00. i?or every boar over three months' old, $2.00. fmJolTedTs'liT^^^^ *°y «"°h .otire animal may be penSrand paTtlfe samHTer 'tn'th"%""' '' '^K' '^"'^ ««"^«' «"°'' for the use of fhTs Corpomtion ^'""""''^ "^ ''"" municipality Passed this 30th day of November. A.D., 1897. R. B. MOWBRAY, ^eeve. DONALD R. BEATON. Clerk. To. Sir:— SCHKDULE OF I OHMS. FORM A. nKMAND K01{ IMMAUKS.. (Section 5.) Poundkeeper. an&^!^?l^r t^ r: i:^;^^,- ^'^« C^- des^lbe T require you to enforce and collect aSiu« ti l!.v. ^'""'^ Township of Pickering 18 Distrainer. promise and agree to pay fo' '^""^^ """'"'^ '^''''^^''% ^' ,'^« l^ereby costs and fihargos for fees aDDraispm«nf «. iU ■ P°"?f^Keeper all be lecallvl entitled to or be Ern?„?' "^^^''''T ^'^^^^ '^« ^'''^'l matter of'tbe (hefe Is^cnt^aJil ; l^tZ^ t ZT.f- '" J'"^ impounded ,n ca«e the distress by me. the^sa 5^ ^ ' ""' '^"^^ Eo S: SisE'ei" °^^^ ''^^ ^'^^-^'^ ^-^«-ow put in by me^Z: Township of Pickering ,« Distrainer. BYLAWS. 28 FORM B. NOTICE OF POUNDKEKPER OK PERSON DISTRAINING. (Sections 0, 10, 11, 12, and 13.) I have thib day impounded in my pound, or at my premises (as the case may be) at in the Township of Pickermg, certain animals to wit: (description of animals) and unless previously replevied or redeen^ed I shall on the day of now next ensuing at the hour of o'clock in the noon at sell the same by public auction to the highest bidder. Township of Pickering 18 Poundkeeper. FOKM C. (Section 8) NOTICE TO TOWNSHIP CLERK. Tlip following animals viz. (description) are impounded (or distrain- ed at Lot No in the Concession of the Township of Pickering and will there be sold by public auction on the day of 18 at hour of o'clock noou unless previously replevied or redeemed. Township of Pickering, 18 Poundkeeper. To. FOltM D. NOTICE TO FENCE-VIEWERS. (Section 20). , Fence-viewer; Pursuant to by-law of this Township I hereby require you to at- tend on the premises of , situate on Lot No. , in the con , of the township of Pickering, on the day of ,18 , at o'clock in the noon, and there with 24 BY-LAWS. two other fenceviewers of the Municipahty to appraise the damage done on said premises by reason of the trespass of certain animals bBlonging to (or some person unknown), and determme whether or not the fence through which ihe trespass is alleged to have been made was a lawful fence at f he time. Given under my hand at th** Township of Pickering, this day of 18 . , Poundkeeper, FORM E. FENCE-VIEWERS AWARD. (Section 20). ) We the undersigned Fence- viewers of I the Township of Pickering having exam- Township of Pickering TO WIT : ined the premises of , on Lot No. m the Con. of this Township do hereby award and determine that the fence through which the trespass cf animals • was made was (or was not) a lawful fence at such time and adiudge the damages (if any) to be $ Witness our hands at the Township of Pickering, this day ot , 18 . U. Fence-viewers. * » 1 BY-LAW NO. 742 By law Respecting the Public Health. The Municipal Council of the Corporation of the Township of Pickering enacts as follows: 1. It shall bo the duty of the Medical Health Officer to assist and advise the Board of Health and its officers in matters relating to public health, and to superintend, under the direction of the Board, the enforcement and observance, within this Municipality, of Health By laws or Regulations and of Public Health Acts, and of any other Sanitary Law and, if thought advisable by tlie Board, to act as Medical Inspector if Schools, as well as advisory officers in matters pertaining to School Hygiene and to perform such other duties and lawful acta for the preservation of the oublic health as may, in his opinion, be necessary or as may be recpured by the Board of Health. He shall also present to the Board of Healtli" before the fifteenth day of November in each year, a full report on the Sanitary condition of the district. 2- The Sanitary Inspectoi or Inspectors, besides performing the duties hereinafter indicated by this By law as belongmg specially to him or theu:, shall assist the Medical Health OtHcer, and perform such other duties as m»iy from t'me to time be assigned to him or them by the Board of Health or its Chairman. 3 The Chairman of this Board of Health shall, before the first day of December in each year, present to the Municipal Council a re- port containing a detailed statement of the work of the Board during tliP year, and the report of the Sanitary condition of the Municipality as rendered to the Board by the Medical Health Officer or Sanitary Inspectors. A cony of each such report whall be transmitted by the secretary to the Secretary of the Provincial Board of Health. 4 No person shall within this Municipality suffer the accumula- tion upon his premises, or deposit, or permit the deposit upon any lot belonging to him of anything winch may endanger the Public Health o" deposit upon, on, or into any road street, square, lane, by-way, wharf, dock, slip, lake, pond, bank, harbour, river, stream, sewer or water, any manure or other refuse, or vegetable or animal matter, or other filth. 5. It shall be the duty of the Sanitary Inspector or Inspectors to keep a vigi'ant supervision over all roads, streets, lanes, by-ways, lots or premises, upon which any such accumulation as aforesuid mav be found, and at once to notify the parties who own or occupv such lots or premises, or who either personally or through their employees have deposited such manure, refuse, matter, dirt or filth in any road, street, 20 BY-LAWS. 1 lane, or by-way, to cleanse the same, and to remove what is found thereon; such parties shall forthwith remove the same, and if the same be not removed within twenty-four hours after such notification, the Inspector may prosecute the parties so offendintj and he may also cause the same to be removed at the expense of the person or persons so offending. He or they shall also inspect, at intervals as directed by the Board of Health, all premises occupied by persons residing within its jurisdiction and shall report to the Board each and eyery case of violation of any of the provisions of this Bv-Iay, or of any other regulations for the preseryation of the Public Health, and shall also report every case ot refusal to permit him or them to make such inspection, 6 Whenever it shall appear to the Board, or toane of its officers that it is necessary for the preservation of the Public Health, or for the abatement of anything dangerous to the public health, or whenever they or ho shall have I'ecaiyed a notice siguod by one or more inhabitant householders of this Muaicipalitv stating the condition of any building in the Municipality to be ho filthy as to be daugerouj to the public health, or that upon any premises in the Municipality fliere is anv foul or offensive ditch, euttei, drain, priyy. cosspool. ashpit or cellar, kept or constructed so a* to be dangerous or injurious to the public health, or that upon any such premises an accumulation of dung manure, offal, filth, refuse, stagnent water, or any other m titer or thing is kept so as to be d-^ngerous or injurious as aforesaid, it shall be the duty of the sanitary Inspector or Inspectors to enter such build- ings or premise^ for the purpose of examining the same and, if ne- cessary, he or they shall order the removal of such matter or thing as aforesaid. It the occupant or proprietor, or his lawful agent'' or representative, having chaige or control of such premises, after having had twenty four hour's notice from any such ofhcer of the Board of Health to remove, or abate such matter or thing as aforesaid, slmll neglect or refuse to remove or abate the same, he shall be subject to the penalties imposed under Section 16 af this By-law. 7. If the Board is satisfied upon due examination, that a cel- lar, room, tenement or building within its jurisdiction, occupied as a dwelling place, has become, by reason of the number of occupants, want of cleanliness, the existence therein of a contatiions or infectious disease, or other cause, unfit for such purpose, oi that it has become a nuisance, or in any way dangerous to the health of the occupants, or of the public, they may issue a notice in writing to such occupants, or any of them, requiring the said premises to be put iu proper sani- tary condition, or if they see fit, requiring the occupants to quit the premises within such time as the Board may deem reasonable. If the persons 80 notified, or any of them, neglect or refuse to comply with the terms of the notice, every person so offending shall be liable to the penalties imposed by Section 16 of this By law, and the Board may cause the premises to be properly cleanseu'at the expense of the owners or occupants, or may remove the occupants forcibly and close up the premises, and the same shall not again be occupied as a dwell- ing place until put in proper sanitary condition. BYLAWS. 27 8. No proprietor or tenant of any shop, house or out-honae shall, nor shall any butcher or other person, uho any such house, shop or out house at any time as a slauahier house or for the purpose of sloughtering any animal therein, unless such shop, house or out house be distant not less than two hundred yards from any dwelling house, and distant not less tlian seventy yards from any public road or street, without the permission of the Board pf Health in writing, signed by the chairman thereof. 9. All slaughter houses within this Municipality shall be subject to regular inspestion under direction of the Board of Health, and no person shall keep any slaughter house unkss the permission in writing of the Board tor the keeping of such slaughter house has been first obtained and remains unrevoked. Such permission shall be granted after approval of such premises upon inspection, subject to the con- dition t'oat the said houses shall e so kept as not to impair the health of persons residing in their vicinity, and upon such condition being broken the said permission may be revoked by the Board, and all animals to be slangliiered and all fresh meat exposed for sale in this Municipality shall be subject to like inspection. 10 All milch cows and cow ^yres, and all dairies or other plaee,^ in which milk is sjid or kev)t for general use, and all cheese factories and creami'vies shall be subject to regular inspection under the direi'tion of the said Board; and the proprietors shall be recjuired to obtain permission in writing from the Board to keep such dairy or other place in which milk is sold or kept as afore said, or to keep a oheesefactory or creamery and the same t-hall not be kept by anv one without such peimission, which shall be granted after approval of such premises upon inspection, subject to the condition that all such places as aforesaid are so kent and conducted that the milk shall not con- tain any matter or thing liable to produce disease either bv reason of adulteration, coutimination with sewage, absoiption of disease germs, infection of cows, or any other generally recosiuized cause, and upon such condition being broken tne said permission may be revoked by the Board. 11. No person shall offer for sale as food within this Munici- pality any diseased animal or any meat, fish, fruit, vegetable, milk or othtr article of food which, by reasons of disease, adulteration, impurity or any other cause shall be ubfit for use. 12. It shall be the duty of the owner of every houpe within this Municipality to provide for the occupants of the same a sufiicient supplv of wholesome drinking water ; and in case the occupant or occupants of any such house is or are not satisfied with the whole- Romeness or sufficiency of such supply, he or they may apply to the Board of Health to determine as to the same, and if the supply be sufiicient and wholesome, then the expenses incident to such determination shall be paid by tlie said occupant or occupanta and if not, then they shall be paid by the owner, and in either case 'V 28 BYLAWS. the said charges shall be lecoyerable in the same manner as Municipal taxes. 13. All wells in this Municipality whijh are in use, whether such wells are private or public, shall be cleaned out before the first day of July in each year and in case the Board of Health certifies that any well should be filled up, such well Bhall be forthwith filled up by the owner of the premises. 14. The following Code of Rules and Regulations for the dis- posal of sewage and refuse shall constitute a part of this By law, and any person or persons violating or neglecting anv of the said rules and regulations shall be liable to the fines and penalties imposed by Section 16 of this By-law. Rule 1. All putrid and decaving animal or vegetable matter must be removed from all cellars, buildings, out-buildings and yards. on or before the fifteenth day of May in each year. Rule 2. Every house holder and every hotel and restaurant- Keeper or other person shMl dispose of al! garbage, for the disposal of which he is responsible either by burning the same or placicg it in a • propei covered receptacle for swill and house olTal, the contents of which shall, between the fifteenth day of May and the first dav of ^ovember, be regularly removed as often as twice a week. Rule 3. Between the lifteenth day of May and the luNt dav of November no hog shall bo kept within the limits of this Mnnicipaiitv, except in pens seventy feet from any occupied dwelling house, with floors kept free from standing water, and regularly cleansed and dis- infected, after being notified in writing by anv one or more of the Satii- tary luspectort that this rule will be enforced by the Board of Health. ^ Rule 4. The keeper of every livery or other stable shall keep his staole and stablejards clean, and shall not permit, between the filteenth day of May and the first day of November, more than two waggon loads of manure to accumulate in or near the same at any one time, except by permission of the Board of Health. 15. The following rules for preventing the spread of infectious and contagious diseases shall constitute a part of this By-law. n ^"'fi" 7^^^ medical Health ofHcer or secretarv of the local lioard of Health shall proviJe each medical practitioner, practising withm this Municipality, with blank forms on which to report to the said medical health officer, sanitary inepecior or secretarv, anv care of Diph- theria, &ma 1-uox, Scarlet Fever, Typhoid Fever, Measles. Whooping Ooueh, or other disease dangerous to the public Health ; and, also with other blank forms on which to report death or recovery from any such disease. Rule 2, All such forms (.hall be so printed, gummed and folded BY-LAWS. 29 that they tzjay be readily sealed, without the use of an envelope, so as to keep them from perusal until opened by the officer to whom sent. Rule 8. Said blanks shall be in accordance with the following forms : REPORT OF INFECTIOUS DISEASE. Christian name and surname of patient : Age of patif'nt : Locality (giving name of village or No. of Lot and Con.,) where patient is : Name of disease : Number of Scliool Section attended by children from that house : Measures employed for isolation and disinfection : {Signature of Physician). REPORT OF DEATH OR RECOVERY FROM INFECTIOUS DISEASE. Christian name and surname of patient : Locality (giving name of village or No. of Lot and Con.,) where patieut is : Name of disease : How long sick . Whether dead or recovered ; Means of disinfection employed, and when employed : {Signature of Physician). Rule 4. The medical health officer, sanitary inspector or secre- tary, within six hours after he shall have received a notice of the ex- istence of Scarlet Fevr, Diphtheria, Small pox, or Cholera in any house, shall affix, or cause to be affixed, by the head of the household, or by some other person, near the entrance of such house, a card at 80 BY LAWS. least nine inclieB wiJe and twelve inches lonij, stntiUK that such die- ease exists in said house, and stating the penalty for removal of such card vvi'.hout the permission of the medical health oOicer, Board of Health or sanitary mspector. Rule 5. No person shall remove such card without the permis- sion of the Board of Health or one of its officers. iluie 6. No animal affected with an infectious or contagious dis- ease shall 1)0 brought or kept witliin this municipality, except by the permission of the Board of Health. 16. Alj person who violates sections 4, G, 7, 9 or 11 of this B\- law, or Rule 1, of section 14,. or Rule 5 or G of section 15, shall be liable, for every such ofifence, to a penalty of not less than Srj, nor more than $50, in the discretion of the conviotibg Justices or Magis- trate, besides costs, which may also be iiiilieted if the convictint,' Justices or MaRistrate see lit to impose the warae Any parson who violates any other provision of this By-law shall be li'ible for every such(iffence to a penalty not exceedin^j $20, in tlie discretion of the convicting Justices or Mafiit-trufe, besides costs, which may also be inflicted if the convicting Justices or Ma(,M8trHt"e see fit to imnose the same. Every such pfualtv mav be recovered by any person before any two Justices or Police Magistrate having jurisdiction in this muuicipalitv, and i-hall be levied bv distress and sale ot tho goods ami chattels of the oflfeusler, with the costs of such distr« ss and sale, by warrant um'ler the hands and seals of the Justices, or the hand and seal of the Police Magis- trate. before whom the same are recovered, or under the hands and seals of any other two Justices having jurisdiction in this municipality and in default of sufiicient dirtiess the said Justices or Magistrate may commit the offetider to the common gaol or anv lock up or house of correction in this Municipality or in the county of Ontario for any time not exceeding fourteen dayp. w ith or without hard labor, unless the amount imposed be sooner paid. 17. This BvJk.v IS passed under th» authority of the Public Health Act, and in the place and stead of the By law f'"-ming Schedule A to the said Act. }f- The snid By-law forming Schedule A to the said Public Health A« t. so far as the same shall differ from or conflict with this By-law, be and the same is hereby repealed, and als" that all P.y- laws, or parts of By-laws, of this Corporation, inconsistent with this By-law, be and the same are hereby repeated. Passed this 30th day of November. A.D., 1897. R. R. MOWBRAY. Reeve. DONALD R. BEATON, Clerk. BY-LAWS. 81 BY-I.AW NO. 743 To Provide for the Preservation of Public Morals in the Township of Pickering. Whereas by the provision of the Revised Siatutea of Ontario, power »H given to towusliip councils to pass by-laws for certain purposes : Be it enacted by the Municipal Council of the Corporation of the Township of Pickering : — 1. It shall not be lawful for any person to sell or give intoxicat- ing drink to any child, apprentice, idiot or insane person ; neither Miall it be lawful to sell, barter, or give intoxicating drink to any servant after being forbidden to do so by hia or her employer. 2. It shall not be lawful to circulate any indecent placards, writings, or pictures, or make, or put up any such pictures, writmgs or prints, on any walls, fence or other public place. 3. It shall not be lawful tor any person to utter any profaoe oath, or obscene blasphemous' or grossly insulting language, or to Owmmit any other immorality or indecency. 4 It shall not be lawful for any person to be drunk or guilty of any disorderly conduct in any street, highway or public place, or at any public meeting held for a lawful purpose, 5. It si'all not be lavvfu' for ary person to keep a house of ill- fame, or harbour persons of bad character. 6. It shall not be lawful for anv person to keep agpnibling house or allow gambling on his or her premises. / 7. It shall not be lawhil for any person to indecently expose his or her person, on or near any public highway or other public place, 8. Any person found guilty ot the violation of any of the pro- visions of this By-law, shall, upon couyiction before anv Justice of the Peace having jurisdiction in the county, be liable to a fine of not less than one dollar, nor mere than twenty dollars, to be colbcted by distress and sale of the goods and chattels of the ofifender, ii not paid fortbwith ; and in case no good?! and chattels are found belonging to such nfl'euder, it shall be lawful lor any such Justice to commit the off.-nder to the common gaol for any period not exceeding twenty days, with or without hard labor, as such Justice may direct. All f II 82 BYLAWS. informatioDB ander thifl By-law ehall be laid within one month from the commission of the ofifenoe. 9. All penalties whatever reoovored under thic By law shall be paid io the Treasurer of this Munioipality, for the use of the Muni- oipality. 10. All bylaws incousistent with this by law be, and the same are heieby repealed. Passed November 80th, 1897. R. R. MOWBRAY, Reeve. DONALD R. BEATON. Clerk. HY-I.aW no. 744 Py law to [invent ov vcgnhac the ftriiif: oj guns oy other Jircarms, nni the firing or setting off of fireballs, squibs, crackers orfireivorks, and for (preventing charivaries and other like disturbances of the peace. The Mnnioipal Couucil of the corporation of the township of I'lckerinR ouacte as follows : — 1. It HhalJ not be lasvful fur any person or nevsons to fire olT yuns or other hrearms, or lire or set off fireballs, P(jnibs, crackers or liroworkB, charivari or cause any like disturbance of the peace, in any road or street or public place wiihit, this munioipulity. *2. It f^hall not be lawful for any pureou or oersons to be cuilty ofnnK.uKot bells, blowing of horns, shouting, and other unusual noiRPS, calculated to disturb any of the inhabitants of this townshio. witbin tins municipality. 8. Every person convicted of an infraction of this bv law shall be liable, upon conviction before a Justice of the Peace for the county to a penalty of not less than »I. nor more than $'2(). in the discretion ot the couvictine; Justice or Justices, together with 'costs of prose- cution ; such penalty and costs if not paid to be levied by distress and sale of th.> oflfendi-r's yoods and chatties, and in default of distress the ofiender may bo committed to the common gaol of the county for any term not exceeding twenty days unless Uie penalty imposetf together with the costs of prosecution and committal be sooner paid All fines and penalties iuHicted under the authority of this Bylaw shall be paid over to the township Treasurer, and form part of the funds of this Corporation. 4. r.y-law No. i:9S and all other By-laws, or parts of Bv-laws !!. r °*""!''''^''^°' '"«""«'«tent with this By-law, be and the same of are he»-eby repealed. Passed November ;?Oth, lHi]7. II. R. MOWBRAY. Reeve. DONALD R, BEATON. Clerk. .1! iff ifi! Byl^aw No 745. To provide for the licensing, regulating and governing of the keepers of billiard tables, pool tables, bagatelle tables and bowling alleys. The Municipal Council of the Corporation of the Township of Fickoring enacts as follows: ui ^° bi"'**"^ table, pool table, bafifatelle table or bowling alley shall be kept or operated in this Municipality for hire or gain without the person owning or operating the same having iirst obtained a lioense therefor. 2. Any person in this municipality bemg desirous of keeping or operating a billiard table, pool table, bagatelle table, or bowling alley in this municipality for hire or gain, shall apply for a license therefor, to the clerk of this municip-'lity, and after complying with the re- quirements hereinafter provided, the said license may be grnnted therefor to such applicant by the reeve and clerk, signed by them, and under the ^eal of this corporation. II ^* Li'^^'^f ^®® ^^'^ "■ ''"ense for a billiard table, pool table or baga- telle table shall be for the first table the sum of $50, and for every subsequent table the turn of t20, and the fee for a license for every bowhng alley shall be the sum of 850. 4. No intoxicating liquor or other refresh u, en ts shall be sold in oonneotion with or on any premises where a billiard table, pool table. b"gatelle table, or bowling alley is kept or operated in this munici- pality contrary to the by-laws of the municipality oi the statutory law of the province. 5 All billiard tables, pool tables, bagatelle tables and bowling alleys licensed m this municipality shall be conducted in accordance with the bv-laws of this municipality or any by-law or bylaws that may be w?reafter passed governing the same. 6. No lioense sha'l be granted for a fractional part of a vear for / a less amount than a whole year's license fee. 7. All licenses for billiard tables, pool tables, bagatelle tables and bowling alleys m this municipality shall expire the 81st day of December in each and every year. 8. All applications for a license for the purpose of keepinff or operatmg a billiard table, pool table, bagatelle table or bowling alley in this ncunioipahty, together with the fee therefor, shall be in pos- session of the township clerk at leas» fifteen days before it is intended the said lioense shall go into operation. H I BYLAWS. 86 0. Any person or persons contravening, violating or attempting to evade the provisions of this bylaw shall be liable to prosecution and conviction before any one or more justices of the Peace tor the county, and shall upon conviction, forfeit an.l pay a p<»nalty not ex- ceeding the sum ol $60, as may be determined by the convicting justice or justices", together with costs of proseouiiou. Such penalties and costs may be levied and collected by distress and sale of the goods and chattels of the offender, and in case sufficient distress can- not be found, the offender may be committed to the common gaol of the county, for any term not exceeding twentvone days, unless the fine impoHed, together with the costs ol prosecution and of con^mittal be sooner paid. 10. All fees and penalties oollented or imposed under the auth- ority of this by-law shall be paid to the township treasurer, and form a part of the general funds of this corporation. 11. By-law No. 679, and all other by laws or parts of by laws of this oorporat'on. inconsistent with this by-law, be and the same are hereby repealed. Passed this 30th day of November. A.D., 1897. R. R. MOWBRAY. Reeve. DONALD R. BEATON, Clerk. iAJ 4 ■I " il 11 By law No. 746. To provide for rcf^ulatiiif^ and lircnsiuj^ rxJiibifious of rcax- lijork, menagcyies, cii'niS'yidin^ and other siirh like sltows usually exliihiiid by slimcincn. and rcqtiiriitg the pay- ment of license fees for authorizing^ tJie same. The municipal council of the corporation of the township of Pickering enacts as follows : 1. It shall not be lawful for any person or i)erHon3 to exhibit within the township of Pickerinf» any exinbition of wax work, men- agerie, circuB-riding, or other such like shows usually exhibited by showmen without first haying obtained a license for so doing, as here- inafter mentioned. 2. The sum to be paid for a lioence, as aforesaid. sT)aII not be more than *20 for eaoh day exhibiting, and no license shall bo grant- ed for less than one day. 3. No licenst, or license certificate shall be granted to persons having any such exhibitions or other sliows of a like charantor. or places of gambling, or to those engagof] in traflic in fruits. coo;h. wares or merchandise of whatever ddscription, for gain, on the days of exhi;.>ition of any township or other agricultural society held within this townt:hip, either on the grounds of such society, or within tho distance of three hundred yards from such ground. 4. The tierk, treasurer, reeve or any other mombor of llio coun- cil of this corporation shall have power and authority to issue any license us aforesaid, upon tho payment by the party or parties rf^quir- ing such license of tie said sum, within the limits aforesaid as the person issuing such homse shall demand, said sum to be paid over to the Treasurer of this Corporation within :en (lavs, and shall form a part of the general fimds of this corporation. And a neglect or refus- al to exhibit such license upon demand of any ratepayer of the town- ship, shall subject the person or persons so neglecting or refusing, to the eame penalty as if the said license had not been issued. o. Licensee granted under the authority of this bylaw may bo in the following form, yiz : Township of Pickkhing,] In consideration ot the sum of TO v;iT I dollars, to me in h.aid paid by A. Jl, this license is granted to the said A. B , to exhibit his show (specify- ing the particular kind of show) at in cho township of Pickering, on the day of 18 Given under my hand at the township of Pickering this Jay of 18 C. D. (Clerk, treasurer, reeyo, deputy recyo or councillor,) BYLAWS. 87 6. This bylaw shall not extend to or afifeot ezbibitions or shows of any aftrioaltural or hortioaltaral society, or any leotare or entertain- ment of a relisioas or soientiiio character. 7. Any person or persons contravening, violating or attemptinff to evnie any of the provisions of this by-law shall be liable to prose- cution and conviction before any one or more Justices of the Peace for the county, and shall, upon conviction, forfeit and pay a penalty of not more than $20, as may be determined by the convicting Justice or JuBtices, together with costs. Such penalties and costs may be levied and collected by distress and sale of the goods and chattels of the offender, or the goods and unattels belonging to or used m the ex- hibition or show by which the offence was committed, whether such ifoods and chattels belonK to the offender or not. and in case sufficient (iifltresB cannot be tound the offender may be committed to the com- mon gaol of the county for any term not exceeding one month unless the tine imposed, together with the costs of prosecution and of oomm'tial b» sooner paid. 8 Every pecuniary penalty recovered under this by-law shall be paid and dieiributed in the following manner : -One moiety to the township treasurer and the other moiety, with full costs to the person who informed and prosecuted for the same, or the whole penalty to the township treasurer, as the convjoting Justice or Justices may order. All penalties paid to the treasmer shall form a part of the funds of this corporation. 9. By-law No. 697, and all other by-laws or parts of by-laws of this corporation inconsistent with this by law, be and the same are hereby repealed. Passed November SOth, 1897. R. R. MOWBRAY, Reeve. DONALD R. BEATON. Clerk. .ii. ii fi- I li Ui \ By law No. 747. By laiv to license, regulate and govern iranscient traders and other persons who occupy premises in the Township i^f Pickering for temporary periods, and who may offer goods or merchandise for sale, The'Mnuicipal Council of the Township ot Pickerini? enacts aa following. 1. Every transient trader or other person or persons occupy- ing; preuijses in this Township for temporary periods, and whose names have no6 been duly entered on the assessineat roll of this munieipalii' m respect of incjme or personal properly for the then current jeai, and who may offer Koods or ipercbaudise of any descrip- tion for sale by auction, or in any other iqauner conducted by them- pelves or by a licensed auctioneer or otherwise shall pay a licenso feb of 150 eacli. 2 Such license shall continue good from the time when issued ULti' the end of the then current year. 3 Such licenses shall on application be issued by and under the hands of the reeye and clerk of this corporation with the seal ot thn corpoiatiou atiised thereto, the said license-tee having tirst been pt^ul ,aud itceived. ^ 4 Every person convicted of an infraction of this by-law shall be liable upon conviction before one or more Justices ol the Peace for the county of Ontario to a penalty of not lesH than $40, nor mure ihau toO, 111 the discretion of the convicting Justice or Justices, together with the costs of prosecution, such penialy and costs, if not paid, to be levied by distress and salf* of tbe offender's goods and chattels, and in default ut distress he be committed to the a miou gaol of the county of Ontario for any term not exceeding twent\ one days, unless the fine imposed and the costs of prosecution and ot committal be sooner paid. 5. All license fees collected and penalties iutlicted under the authority of this By-law shall be paid over to the Township Treasurer and form part of the general funds of this corporation. 6. by-law No. 624 laws o. this corporation, same are hfreby repealed. A. and all other By-laws and parts ot By- inconsistent with this By-law, be and the Passed this 30th day of November. A.D., 1897. R. R. MOWBRAY, Reeve. DONALD R. BEATON, Clerk. By-I^aw No. 748. By law for restraining and regulating the running at large of dogs, and for imposing a tax on the Owners, Possessors, ov Harbour- ers of dogs and for providing for the killing of dogs run^ ing at large contrary to this By latu. The Municipal Council of the Corporation of the Township of Pickering enacts as follows: 1. There shall be levied auDU*lly. in the township of Piokeriuj?, upon the owuer, possessor, or harbourer of each dop therein an an- nual tax of %l for a dog and PI for a bitch. Provided, nevertheless, that the owner or possessor of a kennel of pure bred doga which are registered m the "CanadH Kennel Register," may in any year obtain froiu the treasurer of thi« municipality a certificate of having paid to such treasurer the sum of :$iO as a tax upon such kennel for that ye«r, and upon the production thereof to the assessor, the owner or poasi-ssor of such kenual shall be exempt from assessment and any huiher tax in respect thereof for the said year. 2. The HseeBBor of this municipality shall, at the time of mak- ing his annual asHessment, enter on the assessnent roll, in a ooluu.n prepatbd for tlie purpose, opposite the name of every person assessed, and also oppusiie the name of every resuieut inhabitant not otherwise assessed, being the owuer or keeper of any dog or dogs, the number by him or her owned or kept. 3. The owu«r, possessor or keeper of any dog shall, when re- quired by the said assessor, deliver to him, in writing, the number of dogs owned or kept, whether one or more, and for every neglect or rehiHal to do so, and for every false Htatem^ nt made in respect there- i)f shall incur a penalty of $.'3 to be recovered with costs before any Justice of the Peace for this ntuuicipality. 4. Immediately after the return of the assessment roll of thia municipality to the clerk, in each year, the clerk shall prepare, from the said roll, a list of the names of all owners, possessors or harbour- ers of dogs in this municipality, together with the place where such person resides, by giving their lot and concession or the name of the village or hamlet iu which any such person may reside, and the said list shall also show the number of dogs rated against each individual, and the sex of each such dog, and the clerk shall have a sufficient number of eaid listfl printed and a copy thereof posted in each post office, and iu other public places in the municipality. 5. The collector's roll of this municipality shall contain the name of every person.entered on the assesBment roll as the owner, pos- '7*k'l ' 40 BYLAWS. ! I sesBor or keeper of any dog with (be tax hereby imposed, in a separate ooIumD, and the collector shall proceed to collect the same, and at the same time and with the like authority, and make returns to the treasurer of this muoioipality. in the same manner, and subject to the sime liabilities in all respects for paying over the same to the treasurer, as in the case of other taxes levied in this municipality. 6. In oases where parties have been assessed for dogs, and the collector has failed to collect the taxes authorized by this by-law he shall report the same under oath to any Justice of the feace, and such Justice shall, by an order undei his hand and seal, to be served by any duly qualified constable, require such dogs to be des- troyed by the owners, possessors or harbourers thereof, or by a con- stable, and for the purpose of carrying out the sail ord^r any con- stable may enter on the premises of the owner, possessor or harbourer of the dog ordered to be destroyed, and in case the collector neglects to make the aforesaid report within the time required for paying over the taxes levied in this municipality, he shall be liable to a penalty of 110 and costs, to be recovered in the same manner as provided in section 11 of this by-law. 7. The money collected and pai(' to the treasurer of this rauni- dpality under the precediD>,' seclions, shall constitute <« fund for satis fying such damages as arise in any year from duget killing or inju*-iag sheep or lambs in this municipality, and the residue, if any, shall form part of the asnets of this munioipalilv for the general purposes thereof ; but when it becomes necensary in any year fur the purpose of paymg charges on the same, the fund shall be supplemented to thn extent of the amount which has been applied to the general purposes of the municipality. 8. Any person may kill (a) any dog which he sees pursuing, worrying or wounding any sheep or lamb or (b), any doK without law- ful permission in any enclosed field on any farm which the owner or occupant thereof or his seryant finds giving tongue and terrifying any sheep or lamb on such farm, or (c) any dog which any person finds straying between sunset and sunrise on any farm wherein sheep are kept. Proyided always that no dog so straying and which belongs to or is kept or harboured by the aocupant of any premises next adjom> ing the said farm or next adjoining that part of any highway or lane which abuts on said farm, nor any dog so straying either when se- curely muzzled or when accompanied by or being within reasonable call or control of any person owning or possessing or having the charge or care of said dog shall be so killed unless there is reasonable apprehension that such dog, if not killed, is likely to pursue, worry, wound or terrify sheep or lambs then on the said farm. 9. On complaint made in writing oa oath before a Justice of the Peace having jurisdiction in this munioipaliiy that any person resid- ing in this municipality owns or has in his possession a dog which has within six months previous worried and injured or destroyed any iheep or lamb or that any such person has a dog found running at BYLAWS. 41 large, or riiuuing at or attacking a horse, liorees or teams, on the public highway, or having a vicious dog which has injured or bitten any person, the Justice of the Peace may issue his summons, directed ta such person, stating shortly the matter of the complaint, and reqairin^; such person to appear before him, at a certain time and place therein stated, to answer to such complaint, and to be further dealt with ac- cording to law. 10. The proceedings on the complaint and summons shall be regulated by "The Act respecting Summary Convictions before Jus- tices of t''e Peace and Appeals to General Sessions." which shall apply to casHM fer this By-Law. 1 \ lu ^He any person '"s convicted on the oath of any credible witnt 3, o* /uing ar having in his possession a dog which has worried and ib, . or destroyed any sheep or lamb, or that has beea found runnmg at large, or running at or attacking a horse, horses or teams, on the nublic hi'ihway, or haying in his possession a vicious dog wlucli has injured or bitten any person, the Justice of the Peace may make an order for the killing of such dog (describing the same ac- cording to the tenor of the description given in the complaint and in the Hvidence) within three days, and in default thereof may in his deHcritiou impose a line upon such person, not exceeding $20 with costs ; surh pnualtv and cottts if not paid, to be levied by distress and Hale of such person's goods and cliattels, and in default of distress ha inav be committed to the common gaol of the County of Ontario for Huy term not Bxcoeding twenty-one days, unless the tine imposed and the costs of pl'oseoutiou and of committal be soon paid. 12. All penalties imposed under this By-fjaw shall be applied to the use of this municipality. 13. By laws Nos. 591 and r>9'2, and all other By-laws or parts of By-lawB, of this Corporation inconsistent with this By law, be and tha same aru hereby repealed. Passed November 30th, 1897. R. R. MOWBR.W, Reeve. DONALD R. BEATON. Clerk. iil IT '! , ■ 1 •} 1 1 ^'f i\ 1 '!■ 'fS^ i St (i H 111 i I 111 BY-LAW NO. 750. erXets, highways and pnbhc places of the said Mmictpalityjrom loss, mutt, lation or destruction. The Manicipal Council of .he Corporation of the Town.h.p of Piokerinj? enaolB as follows : ,. ^,, person wboJjaU plant^ a^^^^ Slher public place wit»nn £»« a.«m^^^ the general fuudB thereot. by any Buoh person, shall be ?f""«^' "''J ?.' ' ^rv tree m pUutrtd thai to ft bonus of twelve and one half cents for every ir ^ ^-^-^^^^ ^, t found to be .imtty ^o^/J-^^-J;!; of^^ prantiou. bat u . the expiration of *["^!« yf,*5^'J°^e is or may become •• nuissQce ui rh'lS"wTor're?publ*thro.hfare.or^h..r.o. ...a fa. an,. reasonable use of the same. • u- »« «io5m tbft said bonus for trees planteu 2. Any person ^v.shing to claim the ^^'^ '>° . ^^^^ ^^^,,„^, nnder the provisions ot »b>« ^^^^.^^'Ser in the name year, in writ- or not later than t'^® ?«•«» ?*^ °^ ..^^u^' "antinK and of the intention of io« notify the Townsh'P^^^^^^^^ The Clerk shall on BUoh person to claim the d°^"^ P?; . : ^^^o^ year, furnish the In- or before the fifteenth day of September in e^cn ye , ^ sector (to be appointed) with a «»,f »^/ "7;3yLotice^he.eof!^ On i^ trees in that year. ^^^ who shal hayo Jive ^ ,^, „,,^u or before the first day of 00^^^^^^^^^ ^^^J^j ^^^ visit and inspect all such trees, ana r p ^^ ^^^^ number, than the fifteenth day of ^f °^JJ >° J^^, Xnted by each such person. k.Dd, oonditiorj and »<^*'»»y°l'^Vbe kept for that purpose, the date ^rruSh^orr^ecS IndM^:?: L. th/datrtherein con tained. 8. At the expiration of *»^ree .^^^f -a*'r:pSn^^^^^^^^ trees the I-T^'nhfhCXd^y dly o oT^ber in ?^^^^ year, Rivin« oil not later than the fafteenth day ^ay m ^^^^^ ^^ aforesaid. the number of living, ^^f I'^y ^'Xeach T^rson is entitled, whereupon and the amount of bonus to which «achper^^^ ^^^^^ ^^^^^ ^^^ S;;SdC"T^^^^^^^ P-^- «^°^-« ''''' the amount otbonus paid to each such person. PI ill PM I! • II BYLAWS. 4B of 4. No Buoh bonas shall be paid for trees planted at a leas distance apart than thirty feet, and shall be paid on one tree only in every thirty feet along the line of planting;, and that no such bonas shall be paid on trees planted before the passing of this By- law. 6. Any person who ties or fastens any animal to, or injures or destroys a tree planted and growing upon any road or highway, or upon any street or other publio place in this Municipality, or suffers or permits any animal in his charge to injure or destroy, or who cuts dowq or removes any such tree without haying first obtained permis* nion so to do by special resolution of the Council of this Municipality, shall, upon conviction thereof before a Justice of the Peace, forfeit and pay such sum of money, not exceeding $25 besides costs, as such Jus- tice may award, and in default ot paymeni the same may be leyied on the goods and chattels of the person offending, or such person may be imprisoned in the common gaol of the County of Ontario i^r a period not exceeding thirty days. One half of such fine shall go to the person laying the information, and the other half to this Municipality for the general purposes thereof. 6. It shall be the duty of this Council to appoint an Inspector of trpes whose duty shall be as defined in this Bylaw, and in the Ontario Tree Planting Act, 1896. 7. All Bylaws of this Corporation inconsistent with this By-law be and the same are hereby repealed. Passed this 30th day of November, A.D., 1897. U. R. MOWBRAY, Reeve. DONALD R. BEATON, Clerk. . .i Acts Respecting Mwicipal Institutions. ^:■ !' ! Chapter 3-30 . HER MA.'B^;^v ,..»,;-;>; •-,„•;':;:: rrrroi'io:! ■" Legisltilive Assembly ot the I loviuce HIGHWAYS. charge of a vehicle drawn ^J »«« ^^^ ^^^.^ ^, aforenai.l. he nhall tarn other ammalB rnee^B ^^^^t^^ 'the ^.a.l. allowing to the vehicle out to the right from tUe ce e j,^. ^ ^^ BO met one-halt on the road. «■ ^- "^^ '""'' * „„.li;nD or being upon a highway in charge m In case a pereon travelhne °^ * ^'"^^j;„iQ^ ap„u a bicycle or ofavelncUas aforesaul «n-t« a Pe -n ^ 7;'-;/,,,,elhng upon tncvcle he shall where P;.^^« '^^f ,^^^^^^ Uie travelled portion of the the bicycle or tricycle ^''^^^^'^' '^T , r^t), «. 1 (I a), highway to pasB to the right. (.0 \ • «• •«'- ^ ,. 0) In case a person travelling o^bemg ;;P^;;^;;^ ^^ - charge of a vehicle as aforenaid. or "^ l-'/^ ';;^'^^; ,i,, «o oyer- vehicle or hor«emau trave hug al ^ ^^'^^^ /^„„,, ,^,, ^aid vehicle or taken shall quietly tnrn oiU ^o ^he .« ^ ^^ horseman to pass. R. b. U. ieo<. «• , • ^^tut^f vfihifle or horseman shall taru out to Mie lefl B" '«' "''„"''-„° „ai,„a, aod llw person bo ovei- „poD a bicycle or .ricy»le ■» overtaken -^^ ""J ve^ ,„ „,,,„k.n .h.U "••,4') t-'caee a P«»ou 'ravemu. ^n a >,i.,,way on ^ Kteed:ra"eS -V«"io." onT.!'... p.rson UaveUin« on .he IS. 46 jf the VB : way in more ill liirn vehicle char»ie yole or tj upi)U 1 of the iway la by tiuy BO oyer- shicle or an Bhall eollisiou 80 over- jail free. highway renaiiJ or tea Hhall HeiuaD to turn out 60 V. c. bicycle or yellinR at iDK on the bicycle or tricycle shall give to the other person audibie warnioR of his approach before attempting to pasa. 60 V. c. 50, b. 1 (lb). 8. In case of one vehicle being mot or overtaken by another, if by reason of the extreme weight of the load on either ot the vehicles BO meeting or on the vehicle so overtaken the driver finds it impractic- able to turn out as aforeeaid, he shaU immediately stop, and. 'f neces- sary for the safety of the other vehicle, and if required so to do, he shall assist the per«on in charge thereof to pass without damage. R. S. 0. 1887, c. 195, s. 3. 4 In case a pers jn in charge of a vehicle, or of a horse or other animal used as the means of conveyance, travelling or being on a highway as aforesaid, is, through diuukenness unabh to driye or ride the same with safety to other persons travelling on or being upon the highway, he hhall incur the penalties imposed by this Act. R. S. O. 1887, c. 195, 8. 4. 5. No person phall race with or drive furiously any horse or other animnl, or shout or use any blasphemous or indecent language upon any highway. R. S. O 18B7, o. 195, s. 5. 6. Every person travelling upon a highway with a sleigh, sled, or cariole. drawn by horse or mule, shall have at least two bells at- tached to the harness. R. S. 0. 1887. c. 195, e ", 7. In case a person travelling upon a bicycle or tricycle iji cities of over one hundred thousand inhabitants in a northerly or wasterly direction upon the central strip between the double tracks ot a surface railway meets another person on a bicycle or tricy.a travelling in an opposite direction he shall tum out to the right, allowing to the person on the bicycle or tricycle so tcayelling south or oast the whole of such central atrip. 00 V. c. 50, s. 1 (Id). BRIDGES. 8. Every person who has the superintendence and management of any bridge exceeding thirty feet in length may cause to be put up at each end thereof, conspicuously placed, a notice legibly printed, in the following form : "Any person or persons riding or driving on or over this bridge at a faster rate than a walk will, on conviction thereof, be subject to a tine, as provided by law." R. S. 0. 1887, 0. 105, a. 7 ; 54 V. c. 47, a. 1. 9. In case a person injures or in any way interferes with auch notice he shall incur a fine of not less than %\ nor more than *8, to be recovered in the aame manner as other penalties imposed by 'his Act. R. S. O. 1887, c. 195, s. 8. 1 [ilii 46 in It while Buoh nolioe oontinues up. a person rides or drivea a horse or oUiertaTotburdeu over ^-^^.'^-^^f^f^^^rtTo'lTBT': walk, he Hhall incur the pealties imposed by this Act. 0. 195, B. 9. RECOVEUY AND APrLTCATION OF PENALTIES. 11 In oases not otherwise specially provided for. if any person contravenes uT Act and Buch contravenuon .s n y proved hy^.h o.th of one credible witness before a.^ J ««t.^^^^^ ofjhej „om«mted. jarisdiotion within the locality where Uie oten^^^^^^ ,„ore than the offender shainonr a penalty of not lens man »' ^" $20. in the discretion o' the Justice, with coats. K. S. O. 1887. c. 195, B. 10. lo Tf nnt "id forthwith, the penalty and costs shall be levied 8. O. 1887. 195, s. 11. 1ft In default of payment ol distress the offender shall, by war- rant f^ned^attielled 'as' aforesaid, be -^^'--^'^ ^^ -,^7;;" Lnl for a oeriod of not less than one day nor more ilwiu ivyeuly oays SHhldiBc'retlon of tiie Justice, unless the tine, costs and oh.u«es are sooner paid. R. 8. O. 1887. o. 195. s. 12. 14 No such fine or imprisonment shall be a bar to tli« recovery ofdalgesbrtheiniuredpa'rty before any Co-ut of competent juris- diction. R. S. O. 1887. 0. 185. 8. 13. 15 Every fine collected under this Act slmll be paid to the treas- urer of the locaUuunicipality o, place i"^ -'!'«l' ^'-;f "^!" ""^^^^^^^^ fitted, and shall be applied to the S^'J^'"' »*"'-l'"«''Vn^7"*' "^^^^^^ the offence Sas been committed on a road or bridge, owned v a c^m nanv fir" "erson. and such company, tirm or person, or the othoe. Sr se^vani Tucli company, firm or person is the complainant, in wh h ease the fine colleoted'shall be pa.d over to such compaoy. hrm or person. R. 8. 0. 1887. o. 19.5. b. 14 ; 57 V. c. 52. s. 1. Chapter 940. An Act respecting Snow Fences. HER MAJESTY, by and with the advice and consent of the Lfluislative Afisembly of the Province of Ontario, enacts as follows : 1. The council of every township, city, town, and incorperated village shall have power to refiuire owners or ocouoiers of land border. inn upon any public highway, to take down, alter, or reinoye any fence fouml to cause an accumulation of snow or drift so as to impede or obstruct the travel ou the public highway, or any part' thereof, and where Kuch power is exercised they shall make such compensation to the (uvuers or occupants for the taking down, alteration or removal of Hunh feuoe ami for the oonatruct-on of soma other description of fence approved of by the council, iu lieu of the one so reciuired to bo taken down, altered, or removed as may be mutually agreed upon ; and if the eituuoil and the owners or occupanis cannot agree, in respect to the poinpeosation to be paid by the council, then the same shall be settled by arbitration iu the manner provided by The Municipal Act. Hud iho award so maile shall be binding upon all parties, it. 8. O. 1«H7, c. lUH, 8. 1 (1). 2. In case the owr^r or occupant refuses or neglects to take down, alter, or remove the fence and to construct such other fence as required bv the council, the council may, after the expiration of two mouths from the time the compeusalion to be paid by the council has been agreed upon or settled by arbitration, proceed to take down, alter, or remove the old fence aud ooostruot the other description of fence which has been approved of by the council, and the amount of all costs and charges thereby incurred by the council over and above the amount of compensation agreed upon or settled by arbitration, may immediately be recovered from such owner or occupier, by action in any Division Court having jurisdiction in the locality, and the amount of the judgment iu favour of the municipality obtained m such Court, shall, if not sooner paid. he. by the cierk of the miinici. pality, placed up ,n the next collector's roll as taxes against the lands upon or along the boundaries ot which the fence is situate, and alter being placed upon the collector's roll, shall be collected and treated in all respects as other taxes imposed by by-laws of the municipalitj ; when a tenant or occupant, other than the owner, is required to pay the aforesaid sum, or any part thereof, the tenant or occupant may deduct the same, and any costs paid by him, from the rent payable by him, or may otherwise recover the same, unless the ^^i^aa' °!;_^i"'"" pant has agreed witii the landlord to pay the same. R. S O. I«a7, o. 198, B. 2. I'' 48 __„_ , 8. The cc mcil of every townnhip, city, town or incorporated villaRe, ihall have power, on and after »,he linh day of November in each year, to enter into and upon any lands of Her Majesty, or into and upon any lands ot any corporation or person whatsoever, situate within said township, city, town or villaRe. and lyinj,' alon« auy road or public highway, in or adjoining any such municipality, and to erect and to mamtain snow fences thereon, subject to the payment of sucli dfi aages (if any) as may be actually suffered by the o^ner or occu- pant of the lands entered upon, the amount thereof to be ascertained, if not mutually agreed upon, by arbitration, under The Municipal Act: but such snow fences so erected shall be removed on or before the first day of April following. R. S. O. 1H87, c. 198, b. 8, 00 V. c. 4.'j. s. 7U. >rporated mibor ID f, or iuto r, Bitnaie uuy road I to erect b of Buch or occu- erlainec], 'ipul Act: efore the . C. 4/). B. Chapter Q4Q. An Act to authorize and regulate the Use of Trartion Engines on Highways, Her Majer lative AsBembI by and with the advice and consent of the Legid* the Province of C tario, enacts as follows : — 1, It shall be lawful for any person to employ traction engines for (he conveyance of freight and paHaengets, or both, over any public highM-ay in this Troviuce, subject to the provisions hereinafter con- tained. K. 8, O. 1887, c, 200, a. 1. GENERAL CONDITIONS. 2. No traction engine, so employed, bhall exceed in weight twenty tons. K. S. 0. 1887, c. 200 8. 2. 3 The speed of any traction engine shall at no time exceed the rat^ of Bix miles per hour, and m cities, towns and incorporated vill- agen, at the rate of three miles per hour. B. 8. 0. 1887, o. 200, s. 8. 4. The width of the driving wheels of all such engines shall be at least twelve inches, and the wheels of the trucks or waggons drawn thoreby Bhall be four inches in width for the first two tons capacity, load and weight of truck included, and an additional half inch for each further ton. K. 8. O. 1887, c. 200, s. 4. 5. The provisions of The Act to regulate Travelling on Public Highways and Bridges shall be applicable to the running of any trac- tion engine upon the highway. &. 8. O. 1887, o. 200, s. 0. 6. In case of any difficulty, or the orospeot of any difficulty in the meeting or passing of an engine upon the highway by .ny mounted horseman or vehicle, it shall be the duty of the engine driver to stop the engine, and in every reasonible way to assist such mounted horse- man, or the person in charge of such vehicle, to pass the engine. B. 8. 0. 1887. 0. 200, s. 6. 7. Every engine run after dark shall carry a bright red light in a conspicuous place m front, and a green light on the rear of the train. B. 8. 0. 1887, c. 200, s. 7. BRIDGES TO BE STRENGTHENED. 10. (1) Before it shall be lawful to run s c\\ engines over any highway liereon no tolls a^e levied, it shall be the duty of the person or persons proposing to run the t^ame to strengthen, at his or their own expense, all bridges and culyerta to be crossed by such engines, and to keep the same in repair so long as the highway is so used. I |1 "^ r 50 ^ 2 The coBtB of such repairs shall be borne by the owuers of diffeLt engines in proportion tUe nutober of engmea run over such bridges or culverts. B. S. 0. 1887. c. 200, s. 10. PENALTIES. 16 If any person contravenes this Act. and such oontravention is duly proved by thP oath on one credible witnesB be ore any Justice of the Peace having jurisdiction within the locality where the offence has been commHted. the offender shall incur a penalty of not less $5!nor more than »25. in the discretion of such Justice, with coRts. E.'S. O 1887. 200. s. 16. 17. If not paid forthwith, the penalty and costs shall be levied bv distress and sale of the goods and chattels of the ottender. under a tlrratt sined and sealed by the convicting Justice, and the overphas 7aiy! after deducting the penalty and costs and charges of «ale shall be returned, on demand, to the owner of the goods and chattels. R. S. 0. 1887. c. 200, 8. 17. 18 In defr ilt of payment or distress, the offender shall, by war- rant signed an. ealed c's aforesaid, be imprisoned in the oommon eao fofa neriu of not less than one day nor more than twenty (T.ys at the discretion of the Justice, unless such hue. costs and charges are sooner paid. R. B. O. 1887. o. 200, s. 18. 19 Every fine collected under this Act shall be paid to the trea- surer o'f the local municipality in which the offence was comm.tled, and shall be applied to the general purposes thereof. M. b. U. !«»/. 0. 200. B. 19. 20 No fine or imprisonment under this Aot shall be a bar to th« recovery of damages by the h.jured party before any Court of competent jurisdiction. R. S. O. 1887. c. 200, s. 20. 21 Section 2 of The General Road Companies Act shall apply to companies established f3r manufacturing or purchasing traction engines, and working the same. R. S. 0. 1887, c. 200. s. 21. Chapter 379. An Ad to prevent the Spread of Noxious Weeds, and of Diseases affect- ing Fruit Trees. HER MAJESTY, by and with the advice and consent of the LegiBlatiye Assembly of the Province of Ontario, enHOts as follows : 1. Where usei' in this Act the term *• non-resident land " shall apply to all lands which are unoccupied, and the owner of which is not resident within the municipality, and the term " resident lands " shall apply to all land which are occupied or which are owned by per- sons resident within the municipality. R 8.0. 1887, c. 202, s. 1. 2. It shall be the duty of every occupant of land, or, if the land b« unoccupied, it shall bo the duty of the owner to out down or des- troy all Canada thistles, ox eye daisy, wild oats, ragweed and bur- dock growing on his land, and all other noxious weeds growing on his laud, to which this Act may be extended by by-law of the municipal- ity, so often each and every year as is sufficient to prevent the ripening of their seed, provided that such cutting or destruction does not involve the destruction of tha growing grain. R.S.O. 1887, o. 201, s. 2 part ; 64 V. c. 48, ss. 1,2; 56 V. c. 42, s. 2. 8. — (1) The council of any city, town, township, or incorporated village may, by bylaw, extend the operation of this act to any other weed or weeds, or to any disease of grain or truit tress or fruit (orher thau ihe diseases known as "yell&.vs" and "black knot" in fruit trees), which thev declare to be noxious to husbandry or gardening in the municipality; and all the provisions of tbis Act shall apply to such noxious weeds and diseases as it the same were herein enumerated. R.S.O. 1887, 0. 202, s 8 (1) ; 54 V c. 48, s. 3. (2) Such council may an i, upon a petition of fifty or more ratepayers, shall appoint at least one ins|rector to enforce the provis- ions of this Acr. in the municipality, and fix the am )unt of remunera* tion, fees or charges he va to receive for the perform luoe of his duties ; and in case a vacancy occurs in the office of inspector, it shall be the duty of the council to fill the same forthwith. (8) 7'he council of any township in which there are any large tracts or blocks of waste or unoccupied land, may upon the petition of not less than thirty ratepayers, by bjlaA^, suspend the operation of this Act. in respect of such waste or unoccupied lands ; such by-law L-hall define with sufficient clearness the tracts or blocks of land so ex- empted, and shall remain in force until repealed by the council ; ani until repealed the lands therein described shall be exempt from the operation of this Act. R- S. O. 1887, o. 202, s. 3 (2 8). 1 i m 62 "^ _- M «„=o <• hv law dividing the municipality towDBhip inepeotor, 53 V. o. 59, s. 1. 4._(1) It shall be the duty of the inspector to RJve - cause^to^^^ given notice in writing *« . *^« .7°^' ■°' ""^eeds are growing and in ?he n.unicipality whereon the Ba^dnoxioas weeds a g^ ^ ^^^ danger of go>°8 \o s«ed (and m he «^««^°*^P;/^,Lr of the company pany, the notice shall be given '" ^ j. _ea„irinK him to cause thfl Resident in or nearest to fe municit^ah y), reqmrmg^ ^^^^.^^ ^^ ^^T^t^:J^s^ srarj ... be ..^ b. by-law of the municipality. (2) In c«se such owner or occupant of land (or if it be mlw^ propSy. Sen the station master UP^^^^^^^^^ refuses or neglects to out down or deBtroy ^» °; » / j^^,, ^^^er upon ious weeds within the P^^'^^f/^'f^^^.'^Z^^^ with an the land and cause such weeds to ^ec^'^^**^^/i'e shall not be liable little damage to growing crops as may be and ne s ^^^^ to be sued therefor ; or the J^«P;«\° '^Xlor destroyedf n?ay lay land and causing such weeds »« ^«. ""'p^°7 J to such refusal or ne- information before any Justice ^^^^e Peace as to si ^^^ gleet, and such owner or occnpan ^^a-l "pon ««^;'«*^°";^ .hall SrveTot: t^uTdt'/^ - -riaod sowo with grain. ^ Where such noxious weeds are growing upon non resident landsit slTuTbe necessary ^jve any notice b^^^^^^^^^ to cut down or destroy the same. R.b.O. 1887, 0. 4U^, s. 4. K /n Tlifi ir.Hneotor shall keep an accurate account of the ex- 5.-(l) The mspector snail p ovisioos o' the preceding dent lands, requiring him to pay the amount. (2) If any ownpr or occupant of land liable under the provis^ dispute. (3^ In case the owner or occupant of resident lands refuses or negleoL to pay the eame within thirty days after such request for M SIh !- 53 payment, the said claim shall be^preseoted to the council ofthe muni- cipality in which ouch expense was incurred, and the said council is hereby authorized and required to audit and allow such claim, and order the same to be paid from the fund for general purposes of the said municipality. R. S. 1887, c. 202, s. 5. 6. Th >8peotor shall also present to the said council a similar statement, \oritied by oath, of the expenses incurred by him ip carrying out the provisions of this Act upon any non resident lands.; and the cou/icil is hereby authorized and required to audit and allow the same, or so much thereof as to the council may seem just, and to pay so much thereof as has been so allowed, R. S. 0. 1887. o. 202, a. 6. 7. The council of the municipality shall cause all such sums as have been so allowed and paid by the council under the provisions of this Act to be by the clerk severally placed upon the collector's roll of the municipality against the lauds described in the statement of the inspector, and to be collectecl in the same manner as other taxes im- posed by by-laws of the municipality. R. S, 0. 1887, c. 202, s. 7. 8 It shall be the duty of the overseers of highways in any munioipaiity to see that the provisions of this Act relating to noxious weeds are carried out withm their respective highway divisions by cutting down or destroying or causing to be cut down or destroyed at the proper time to prevent the ripening of their seed, all the noxious weeds growing on the highways or rjad allowances within their re- spective divisions ; such work to be performed as part of the ordinary statute labor, or to be paid for at a reasonable rate by the treasurer of the municipality, as the council of the municipality may direct. R.S. O. 1887, c. 202. 8. 9. 9 —(1) Any owner or occupant of land who refuses or neglects to cut down or destroy any of tlie sa;d noxious weeds, after notice given by the insoector, as provided by section 4, or who kno ingly suffers any of thesaid noxious weeds to grow thereon, and thewseed to ripen so as to -ause or endanger the spread thereof, shall u on conviction be liable to a line of not less than $5 nor more thanp #20 for every such offence. R. S, 0. 1887, c. 202, s. 10 (1) ; 56 V. c. 42, s. 2. (2) Anv person who knowingly sells or offers to sell any grass, clover or other seed, or any seed grain among which there is seed of Canada thistbs. ox-eye daisy, wild oats, rag weed, burdock or wild mustard shall, for every such off:^nce, upon conviction, be liable to a fine of not leas than $5 nor more than $20. R. S, 1887, o. 202, s, 10 (2). (3) Every inspector, overseer of highways, or otuer officer, who refnaes or neglects to discharge the duties imposed upon him by this Act shall, upon conviction, be liable to a tine of nob less than |10 nor more than $20, R. 3. 0. 1837, c. 202, s. 10 (4) ; 56 V. o. 42, s. 2. . — t>kAAt or other arain knowing ii to (4) Any person who bows any wheat or wj« K be infeoterb/the ^iBease ^^°Xtroy Se «erme o^ ^^^^rT. ^^*" \f^:s:^^^- "" °^ -' -'-' ""-^ '''' '' ^' ''^\o. Every offence aaainatjhepr^^^^^^^^^^^ ^:\^l'^^ 8 0. 1887, 0. 202, b. H. k; I Chapter 284. An Act Respecting Line Fences, Her Majeaty, by and with the advice and ooosent of the Legisla- tiye Assemuly of the Province of Ontario, enacts as follows :— 1. This Aofc may be cited as " The Line Fences Act." K. S. 0. 1887, 0. 219, B. 1. 2.— (1) In this Act the expression **oooapied lands" shall not inclade so mnoh of a lot, parcel or farm as is unenclosed, althoni;;h a part of such lot, parcel or farm is enclosed and in actual use and oc- cupation. (2) Where, within the meaning of section 4 of this Act, there is any dispute between owners or occupants of lands situate in different municipalities, t^ e following words or expressions in this Act shall have the meaning hereinafter expressed, namely : (a) " Fence viewers " shall mean two tenoeviewers of the muri- cipality in which is situate the land of the owner or occupant notified under clause 1 of section 4 of this Act, and one fence-viewer of the municipality in which is situate the the land of the person giving the notice ; except that in case a disagreement having occurred within the meaning of clause 4 of said section 4, the said phrase "Fence- viewers" shall mean fence viewers from either or both municipalities. (b) The expression "in which the lands are situate" and the ex- pression "in which the Und lies," shall mean in which are situate the lands ot the owner or occupant so notified under said clause 1 of section 4. B. S. O 1887, o. 219, s. 2. 8. Owners of occupied adjoining lands shall make, keep up and repair a just proportion ot the fence which marks the boundary be- tween them, or if there is no fence they shall so make, keep up and repair the same proportion which is to mark such boundary ; and owners of unoccupied lands which adjoin occupied lands shall, upon their being occupied, be liable to the duty of keeping up and repairing such proportion, and in that respect shall be in the same position as if their land had been occupied at the time of the original fencing, and shall be liable to the compulsory proceedings hereinafter mentioned. B. S. O. 1887. 0. 219. s. 8. 4. In case of dispute between owners respecting such pmportion the following proceedings shall be adopted : 1.-— Either owner may notify (Form 1) the other owner or the oo- onpant of the land of the owner bo to be notified, that he willi not less I I i i 56 ^ u 11 lo^ nnfcifv (Form 2) the fence- " 8 -The -Ciee. in both c..e. -J;'" .^^'/"J'i^t'!,' oSetS. tr ^„on norifvtaS. ana shall Bpeo* the '-"J»„»°,'i,J^ same a. the place Catbitrat ton, ani may be »«''»f„ °y„uh some erown np person re- ? ^tr.'orrrasroS:Cds:;.n« uo.en.o.ea, b, leav.n. .he "„toe wUhan'y agent of such owner. 4 _The ownersncftea maj. ""Wn '.je week-°^)-'„t tSJjnaV otthlfenoe "--Xlf^, 'r^e' Ve' ll-viawers who are to arb- 5.An ooonpan.. not - -rnot!fX''o':'r /"^a 1."^^ ahov^mentiooea shol. .a.me<.,^^^^^ latVoausea to the owner by ,--s?^:r=£=JSaaii= 5Sri^ r«=.or tCnr^se aJ In Co.. oHaw. R S. 0. 1887. c. 219, 8. 6. ■ ,_,!, The f-e.,iewers shall ruaUe an awar^^Jf--i»\ „ritin« i.nea by any J«° "'.J^^' 3oS.V. nnao.ity aescr,pt.on raMe-rst-pT-e ". e |oe H oraers to be^naae, an,U e^^ ---"""""" "\,,_.ewer. Shan re«ara .he na. ffisTtrrrorler . L wa., or each par y. ^^^^^^ ^^ (8) Where, from the f»™5'!°°j/,ibteto''lo°rte 'the fence upon rtreaS's or other caases.U •» """^^'^Cfnl for the tenoeyiewerB to the line between the parl.es, " »»»'' '^ '"i7a,ly on the land of either of 'o'cate tbs said fence f''^«^tm f eeerSo b^mos. convenient ; b». -ht=Ur : ry wa. a.c. the t.tie to t. an • ^^^^ ,.a't.J;o^^:-^:hSr=.bTb, Jt. ana bonnds. R. S. 0. 1887, c. 219, s. 7. I 67 8. Tlie award shall be deposited in the oflice of the cleik of the council of the municipality in which the lands are situate, and shall be an ullicial document, and may be Riven in evidence in any legal proceeding by certilied copy, as are other uflicial docutuents ; and uotit'e of its being made shall be given to all parties interested. R. S. O. 1887, c. '219. 8.8. 9.— (I) The award may be enforced as follows : The person de- siring to enforce it shall serve upon the owner or occupant of the ad- joining lands a notice in writing, requiring him to obey the award, and if the award is not obeyed within one month after service of the notice, the person eg desiring to enforce it may do the work which the award directs, and may immediately take proceedings to recover its value and the costs from the owner by action in any Division Court hav- ing jurisdiction in the locality; but the Judge of the Division Court may, on application of either party, extend the time for making the fence to such time as he may think just. 11, B. 0. 1887, c. 219, s. 9 ; .'59 V. c (55, s. 1. (ti) Instead of requiring execution to be issued upon such judg- mnnt the paity entitled to enforce the judgment may obtain a certifi- cate from the Clerk of the Division Court of the amount due for debt and coHts in respect of such judgment, and shall be entitled upon lodging the same with the clerk of the municipality to have the amount so certihod placed upon the collector's roll, and the same may be collected in the same manner as taxes are collected and shall, until so collected or otherwise paid, be a charge upon the lands liable for the payment thereof, and in such case execution shall not there- after issue ou such judgment. 59 V. c. G5. s. 1. 10. — (1) The award shall constitute a lien and charge upon the lands respecting which it is made, when it is registered in the registry cilice of the registry division in which the lands are. (2) Such registration may be in duplicate or by copy, proved by nllidayit of a witness to the original, or otherwise, as in the case of any deed which is within the meaning of The Registry Act. R. S. O. 1887, c. 219, 8. 10. 11. Any person dissatisfied with the award made, may appeal therefrom to the .Judge of the County Court of the county in which the lands are situate, and the proceedings on the appeal shall be as follows : 1-— The appellant shall serve upon the fence-viewers, and all parties interested, a notice in writing of his intention to appeal, within one week from the time he h"s been notified of the award; which notice may be served as other notices mentioned in this Act. 2 --The appellant shall also deliver a copy of the notice to the clerk of the Division Court of the division in which the land lies, and the clerk shall immediately notify the Judge of such appeal, where- fT. ^ 68 ^ ♦i.n Tn^cA «hftll at)Doint a time for theheariDB thereof, and, if be appeal. 3 -The Judge shall order the time and place for the fearing of the anoeaV and communicate the same to the clerk, who shall notify the fe^e viewers and all parties interested, in the manner hereinbe- fore>ovided for the service of other notices under this Act. E^StiCir; :i?^^de;-m:nJo;^^:t:hr= party, and fix the amount of such costs. 5 -Hit decision shall be final ; and the a^yard. as so altered or confirmed, shall be dealt with in all respects as it would have been if it had not been appealed froru. C.-The practice and proceedings on the appeal. •'^^'"'^ioS *»;^ fees pavabie for subpcBnas and the conduct money of w.tneHses. s^ a I be the same, as neady as may be, as in the case of a suit m the P.vi- Bion Court. R. S. O. 1887, o. 219, e. 12. 12 -(1) The fence-viewers shall be entitled to receive $2 each for everv daVs work under this Act : Ontario land surveyors and 'Z:::ZZn be entitled to the B-n VrrBBT^'r 2l"? s '7 """ subpoenaed in any Division Court. R. 8. O. 1887, c 21.), s. 11. m The municipality fihall at the pxpiration of the time for ap- peal or alter a^peKs the case may be, pay to the f-^nce .ve-j; Their fees and shall unless the same be fo.ihwith repaid by the p^r- on'awarded or adjudged to pay the same, place »»- 7--;, 'J^^'- collector's roll as a charge against the person awarded ^^ adj« l««d ^'^ nnv the same and the same shall thereafter be placed upon the col- TcU's rT^^d may be collected in the same manner as ordmary municipal taxes. 52 V- c. 48. s. 1; 58 V. c 53. s. 1. 13 -(1) In case the Judge inspects the premises he shall be en- titled to be paid the actual expenses incurred by him. and he shall, m t e orderse^Ung aside, altering or affirming the award, ^x t»ie a™ouut of such expenses and the person by whom the same shall be paid. 53 V. 0. 67, B. 1, 2. (2) The Judpe shall be paid by the municipality the amount so fixed by him and the same shall be collected by the munic.pa ity m tl^ same manner as is provided in respect to the fence viewer s tees by section 12 of this Act. 53 V. c. 67, s. 3. 14. Any agreement in writiug (Form 4) between o^^J/ J^JP;"** ing Buoh line fence may be filed or registered and enfoiced as it it was I . 59 au award of fence-viewera. R. S. 0. 1887, o. 219, b. 18. 15.— -(l) The owner of the whole or part of a division or line fence which forms part ot the fence enclosing the occupied or improv- ed land of another person, shall not take down or remove any part of such fence — (a) Without giving at least six months previous notice of his in- tention to the owner or occupier of such adjacent en- closure ; (b) Nor unless such last mentioned owner or occupier after de- raand made upon him in writing by the owner of such fence, refuses to pay therefor the sum determined as provided in section 7 of this Act ; (c) Nor if such owner or occupier will pay to the owner of such fence or of any part thereof, such sum as the fence view- ers may award to be paid therefor under aeotiou 7 of this Act. (2) The provisions of this Act relating to the mode of determin- ing diHputes between the owner of occupied adjoining lands, the man- ner of enforcing awards and appeals therefrom, and the schedules of forms attached hereto, and all other provisiond of this Act, so far as anphcable, shall apply to proceedings under this section. R. S. O. 1887, c. 219, fl. 14. 16. — (1) If any tree is thrown down, by accident or ortherwise, across a line or division fence, or in any way in and upon the property adjoining that upon wlrch such tree stood, thereby causing damage to the crop upon such property or to such fence, it shall be the duty of the proprietnr or occupant of the premises on which such tree theretofore stood, to remove the same forthwith, and also forthwith to repair the fence, and otherwise to make good any damage caused by the falling of such tree. (2) On his neglect or refusal so to do for forty eight hours after notice in writing to remove same, the injured party may remove the same, or cause the same to be removed, in the most convenient and inexpensive manner, and may make good the fence so damaged, and mav retain such tree to remunerate him ^or such removal, and may also recover any further amount of damaeet, bevond the value of such tree, from the party liable to pay it under this Act. (3) For the purpose of such removal the owner of such tree may enter into and upon such adjoining premises for the removal of the same without being a trespasser, avoiding any unnecessary spoil or waste in so doing. (4) All disputes arising between parties relative to this section, and for the collection and recovery of all or any sums of money ba- 'Wi 60^ 17. The forms in the Schedule hereto Bhall f "^'j^ ^l'^ '''^f 'J?/ LeiDR varied accordiuR to chcuuiBtances. U. S. O. 1887. o. 21.), 8. lb. BIOD IFor the powers of municipalities to pass by-laWBreKulatiug divi- tenceB, see Cap. 223, Sec. Gifj (3).l SCIIEDULTS OF FOUMS. FORM ]. (Section 4 ) NOTICE TO Ol'POSITE PARTY. Take notice, that Mr^^^ ^^^^^ ^.^^^^,^ • Mr.^ ^^^^^^_^^^ ^^. -f tl o day of , 18 . at the hour of °" , to vi«w and arbitrate upon the line fence in d.^^puto between onr properties. beioR Lots (or parts of f ois) One and 1 wo m tlie CouceBfliou of the Township ot t »" the County of ' ,. i u Dated this 'lay ot • 1» • A. li. Owner of Lot 1. To C. D., Owner of Lot 2. ^ ^ ^ ^^^^^ ^ ^^^,^^ ^^^^^^^^ j,,^^,^ ^, FORM 2. (Section 4 ) NOTICE TO FENCE-VIEWERS. on Take notice, that I require you to attend at the day of . A.D. 18 , at o'clock, A. M., to view and arbitrate on the hne fence between my pro- perty and that of Mr. . l>e>nK Lots K P'J^^^ "^ ^oW^ Nob; One and Two in the ConcosBion ot the TovNnship of ,in the County of Dated this Jay of a « ' A. B., Owner f^*" Lot 1. R. S. 0. 1887, c. 219, Sched. Form 2. 61 FOBU 8 (SeotioD 7.) AWABO, We, the fenoeviewera of (name of Ihe localUy). having been nominated to view and arbitrate upon the line fence between of (name and desoripkion of owner who notified) and (name and des- onption of owner notified), which fence is to be made and maintained between (describe properties), and having ezaminei the premises and duly acted according to The Line Fences Act, do award aa follows : That part of the said line which commences at and ends at (describe the points) shall be fenced, and the fence maintained by the said , and that part thereof which commences •»* and ends at (describe the points) shall be fenced, and the fence u.aintained by the said The fenctt shall be o! the following description (state the kind of fence, height, material, etc.), and shall cost at least per rod. The work shall be commenced within days, and com- P'®*"^ within days from this date, and the oosta shall be paid by (state by whom paid ; if by both, iu what proportion). Dated this day of 18 (Signatures of fence viewers.) R. S. O. 1887, c. 219, Sched. Form 8. FORM 4. (Section 14, AQREEMENT. W® an3 I owners respectively of Lots (or purts of Lots) One and Two in the Concession of the ToAuship of . in the County of , do agree that the line fence which divides our said properties shall be made Hnd maintained by us as follows : (follow the same form as award ) Dated this day of 18 . (Sisnature of partiep.) B. S. 0. 1887, 0. 219, Hched. Form 4. Chapter 285. An Act Respecting Ditches and Watercourses. Her Majesty, by and with the advice and consent of the Legisla- tive Assembly of the Provinee of Ontario, enacts as follows : — 62 . ■ 1 This Act may be cited aa "The Ditches aud Watercoarsei Act." 67 V. 0. 65. B. 1. 2. This Act shall not affect the Acts relatinf? to miiDioipal or ROvernmeDt drainage work. 67 V. o. 66, a. 2. 8 Where the words following oooiir in this Act ihey shall be construed in the manuer hereinafter lueulioned. uolens a contrary in- tention appaass : — "Enffineer" shall mean Civil Engineer, Ontario Land Surveyor, or such person as any municipality may deem competent and appomt to carry out the provisions of this Act. ••Judge" shall mean the senior, junior or acting Judge of the County Court of the county m which ihe lands are situated in renpect of which the proceedings under this Act are taken. ■ ''Owner" shall mean and include an owner, the executor or execu- tors of an owner, the >?uardian of an infant owner, any person entitled to sell and convey the land, an agent under a general power ot attorney, or a power of attoraey authorizing the appointee to man- age and lease the lands and a municipal corporation aa rogardH any high ^ays u. ler its jurisdiction. "Clear days" shall mean exclusive of the firfli and last days of any number of days prescribed. "Ditch" shall mean and include a drain open or covered wholly or in part and whether in the channel of a natural stream, creek or wat- ercourse or not. and also the work and material necessary lor bridBes, culvert catch- basins and guards. ••Non resident" shall mean a person who does not reside within the municipality in which his lands, aftected by proceedings under ihis Act, are situate. "Maintenance' shall mean and include the preservation of a ditch and keeping it in repair. "Construction" shall mean the original opening or making ot a ditah by artitioial _means. "Written," "writing." or terms of likr import shall include words printed, engraved, lithographed or otherwise traced or copied. 67 V. c. 55, B. 3. 4 _(i) Every municipal council shall name and appoint by by- law (Form A) one person to be the engineer to carry out the provis- ions of this Act. and such engineer shall be and continue an officer of Mich corporation until hie appointment is revoked by by- aw (of which he shall have notice) and ?.i: other engineer is appointed m bu stead, 68 r shall have authority to oommeDoe prooeediofiia under this Aot ur to ooatioue Buoli work as may haye besn already uodertaken. (2) The oouaoil of every manioipality Hhall, by by law, provide for the paymeDt to the ole'-k ot the luuDioipahty of a fair and reason- able retuuneralion for services performed by him in oarryioK out the provisions of this Aot, and the oouaoil shall also by bylaw, tix the uhar^es to be made by the engineer of the muuioipality for services performed by him under this Aot. (3) Every engineer appointed by a municipal council under this section shall, before entering upon his duties take and subscribe the following oath (or affirmrtion) and shall tile the same with the clerk of the municipality : — In the matter of The Ditches and Watercourses Act. I (name in full) ot the town • m the county ^^ DDRineer (or surveyor) make oath and nay, (or do solemnly declare and affirm), that I will to the best of my skill, koowledKe, judgment and abiiiiy, honestly anu ."aithfully and without fear of favor to, or pr»»judioe aKainst any owner or owners perform the duties from time to lime assiKued to me . i connection with any work under The Ditches and VVateroourHeB Act, and make a true and just award thereon. SwDrn (or solemnly declared und affirmed) before lue at the of in the county of this day of A. D. A Commissioner, etc., (or Township Clerk, or J. P, >? V c. 56. s. 4. ) 6.- (1) Every ditch to be constructed under this Act shall be con- tmued to a Hufficient outlet, but shall ni t pass through or into more than seven original township lots exclusive of any part thereof on or across any road allowance, unless the council of any municipality up- on the petition of a majcity of the owners of all the" lands to be affect- ed by the ditch passes a resolutidu authorizing the extensioL thereof through or into any other lots within such municipality, and upon the piiSBing of such resolution the proposed ditch may be extended in pur- suance of such resolution, but subject always to the provisioc of sub- jection 2 ot this section. 57 V. o. 65, s. 5 (1) ; 69 V. o. 67, s. 1. (2) Nw ditch, the whole cost whereof according to th«i estimate of thi^enxinter or the agreeriient ot the partios will exceed $1,000, shall be constructed under the provisions of this Aot. 67 V. o. 55, b. 5, (2). 6.— (1) The lands, the owners of which may be made liable for the construction of a difsh under this Act, shall be those lying within a distance of seventy -live rods from the sides and point of commence- m i II % ir t* 64 , ment of the ditch, bat the lands ihrouRh or into which the ditch does no "pa/s and whi^h lands also adjoin any roa,l * "o'J*"^? '^av^^ed bj the ditch shall not be liable except when directly benebt^ and then only for the direct benefit. (2) Provided nevertheless that the council of any ooanty lyinK east o the county of Frontenac niav ?ass a by law de«larin« th^^^ within sa.d county the lands lying w.thm a ^;f '»J« f ^^T ^^jf J, rods from the sides and point of oomnsenoement of the ditoh may De made rble instead of seventy- five rods as mentioned in subsection 1 of this section. 57 V. c. 65, s. 6. 7 -ri) Any owner other than Mie munioipalilv shall, befoie com mencine proceedings under this Aoi file with the clerk of the munioi- S°n whTch the parcel of land requiriuR the ditch is situate a de- SaSon ^f ownersh'ip thereof (Form B) which -"^y ^e t^ik^^^^^^^^^ Justice of the Peace, a commissioner ior takmg affidavits, or the clerk of the municij^ality. 57 V. o. 55, s. 7. (2) In case of omission to file such declaration through inadvert- ence or mistake at the time aforesaid, the Judtfe may in "»«« jf ?««*^ ownership at said time permit the same to be filed at any «»*««<>/ »J« proceedings upon such terms .*nd conditions as he may impose or di- rect. 58 V. c. 54, s. 1. 8. The owner of any parcel of land who requires the oonBtruot- ion cf a ditch thereon shall, before filing with the clerk of the tsmm- oipalitv the requisition provided for by 8«o";?^/^°f^*';X* notice upon th,. owners or occupants of the other lands to be affected a notice in writing (Form C) signed bv him and naming therem a day and hour and also a place convenient to the site of the ditch at which all the owners are to meet and estimate the cost of the ditch, and agree, if possible upon the apportionment of the work, and supply of "material for construction among the several owners according to 'h«ir respective interests therein, and settle the proportions in which the ditch shall be maintained, and the notices shall b.» served not less than U clear days before the time named therein for meeting. 57 V. o 50, s. o. 9.— (1) If an agreement is arrived at by the owners, as in the next preceding section is provided, it shall be reduced to writing (Form D), and signed by all the owners, and shall within six days after the signing thnreof be filed with the ''lerk of the municipality m which the parcel of land the owner of which requires the ditoh is situ- ate ; but if the lands affectecl lie in two or more manioipalities the agreement shall be in as many numbers as there are taunicipalities and filed as aforesaid with their respeoiiye clerk ; and the agreement may be enforced in the lik j luanner as an awird of the engineer as hereinafter provided. (2) It shall be the duty of the municipality to keep printed copies of all the torms required by this Act. 57 V. 3. 55, s. 9. 10. No proceedings take^ or or agreement made and entered lU' — . ^. 65 fJ!^aZ '^^Pr^iaions Of flection 8 and 9 of this Act shall in any caso for want of strict compliance with such provisions be void or invali- date any subsequent proceedings under this Act, provided the notices required by section 8 of this Act have been duly sfrved. and any euoh agreement may with the consent in writing of the parties thereto irhvJZ'T '^'" ^" ^^'^ iP '^' '^"^^ '"^°°«'- '^^ 'he agreement)! Act 67 V o°5C s 10 ' ' '*'"' '° ''°°^°''"' '°^^^ provisions this q nt lii A^^*' /"■ ^'^^''•'^ \'*® meetiP-j of owners provided for in section L«n ««. vt?' f PPe»*-8 that any notice required by section 8 has not been seived. or has not been served in time, or duly served, the own Ty'SnTrHl.. ', '" I ' '""f,"''^ ""^^ ^'^J°"''° ^^^ «*°^« »° «0"^« subsequent .Z!J A ^""'^ ''•^ necessary notices to be duly served^ and ««r^ Jl ""^;Tk'°^ '^""' '^ «"°h »""««« h*''^ been given and served as provided by se.non 8. be a sufficient compliance with the provisions of this Act. 57 V. o. 55, s. 11. m„n;l1;„Ji^ ?®i71 °'' °**'^' ''^^'^ °* **'« municipal council ^f any municipality shall have power on behalf of the municipal counoU thereor to ai«n the agreement aforesaid, and his signature sha^fbe binding upon the corporation. 57 V. c. 65, s. 12. ^^nala'n/.? """^^-^ agreement as aforesaid is not arrived at by the ZnZrJ "^'^ '^''V"« ^'^ ^''^h'" fi^« ^'^^^ thereafter, then the fn wh7h^ '°f •'*'" ^""'^ ^*-^ ^'" ^'^'^ ^^^ ««««-'^ of «he municipality .n which parcel is situate, a requisition (Form E), naming therein aU the several parcels of land that will be affected b^ the ditch and the respective owners thereof, and requesting that thJ engineer appoined & r«nS^ °°'''l'^ "^ '^^' P'-^P"^"*^ ^■'''' ^* wnichThe said engineer 66. 8 13 "" ^"^ exammaiion » ereirafter provided. 67 V. c <.ln J^«..Ti'?^f '®''^' "P"" »"«o«»ving the requisition, shall forthwith en- close a copy thereof m a registered letter to the enginee- ; and on the receipt of the same by the engineer he shall notily the clerk in writing appoin ing a time and place at which he will attend in answer to the ItZTT ^j"°\*""««ha''notbe less than ten and not more than sixteen clear days from the day on which he received the copy of the requisition; and on the receipt of the notice ot appointment from the engineer the clerk shall file the same with the requisition and shall ^rth with send, by registered letter, a copy of the notice ot appoi^ ■ Z,r^LA^ r°!i; '"*^'°'^ *^^ requisition, who shall, at least four l.»J '^ »i "^"^ *^^ -'"^^ 80 appointed, serve upon the other owners named in the requisition a notice (Form F.), requiring their attendance at the time and place fixed by the engineer, and shall, after servrng such notice, indorse on one copy thereof the time and manner of seiv vice and eave the same with the indorsements thereon with the enei- ZZfT ^^^\nT '•'L'^^y ^^'""'^ ^^"^ ^'^"^ ^"d in the notice of ap- pointment. 67 V. 65, s. 14. ^ ■I 66 ;i fi,n m-rtviHioflS of this Act shall he served 15.-(r, Notices under tie pi ouBonso^^ ^^ ^^^^^ ^^ ^^^^ personally, or hy ieaving "f^ '*"'^_^ residing thereat, and in case of Ir occupant, with a S^-^^'J^PPeTtof the owner, or by registered let- uon-residents, then "P«° ^h^^f "^^.t o Vice nearest to his last known such manner as the Judge may du-ect. „nt not the owner of the land, notified in the man- (2) Any occupant not the owner the owner thereol, ^SSs-STy:St±r:i.;r- ■■•■■' ^ i,„n oHond at the time and place appoint- 1C._(1) The e«^«-«-- ;^iS and shall exan.iuo the locahty. ed by him m answer to the ^^^ {'""""' j ^ ^^y of the owners, may and if he deems it proper, or t re p^^^te 1 ^HJ ^^^ ^^^^ ,^,,;, evi- examine the owners and then ^^r^'J^J^.P^^^tion to any owner or wit- dence. and may admmister ^" °^^ '^^^^f^^^ i\e locality the engineer ness examined by him- If "P^" "J^Hpon whom notice has not been i8 of opinion that the lands of o^°f "^^ "Pf^^ji ji^eot that the notice re- served wUl be affected by the d.cl, he nhall^d^^ ^^^^^^ ^^ quired by section 14 shaU «« f^;^. ^j^g proceedings to the day making the requisition and «ha 1 ac purn i ^^ ^^ ^,,^^. named in the notice for ^""^^"'"Jf .f ^'Y/^ard .;pOU the examination ing such owners to be present and tc be iieaiu i ana taking of evidence. ^r, orHnnrn his examination and the hearing ^2) The engineer ™ fj\"^^^°f i^^e jinds that the ditch is required of evidence from time to t»"^«; ^^j"/ .. attendance make his award m he shall, within thirty days (^'^^er »« ^Bt attenua j .^j i^,^ ^^^ writing (Form G), specfymg cleai ly ^hy°;™^\,^„. pp^ortio^ course'of the ditch, its jom^enmn^^^^^ affected and the work and the f"''"'^!^'"^ jl";*^ f^.timr of their respective inter- the owners thereof ^.^^^^^^^/^^J^'^^'r p^formance by the respoct^-e eKts in the ditch, hx>ns the ^.m^^^^^^^^ p ^^^^^^^ ^^^_^^^^ ^^,j ^^, r 1. .i:»„u ri7V A nri.s.iu. portion of such ditch. T.TV.c.nO.s.lG. i>o ,^f thfi nninion that the land of any 17 Should tl^« «"«'°7;ited by te construction of the ditch owner will not be sufhciently afle^^e*;^ -y '"•; , j ^,,,,t ,i i^ ueoes- to make him liable to P^^fovm any part te^ot,«n ^^^^^^^^ ^^ .^^^^ Harv or net, s the case may h«. to cons ruci U. .,.^,.„^i„g ,,„y his^land hemay, by nsa^^^^^^^^ on the other part of the work of the '»>t( ii an ' P ^ j ,„„, ,,f ,,„e award up- /' . 67 passer while causing no unnecessary damage, and he shall replace any fences opened or removed by him. GTV.c.SS.&.lT. 18. The engineer shall forthwith, after making his award as hereinbefore provided, file the same, and anv plan profile or specific, ations of the ditch, with the clerk of the municipality in which the land requiring the ditch is situate, but should the lands affected lie in two or more municipalities, the award and any plan, profile or speci- hcations Hhall be tiled by the engineer with the clerk of each muni- cipality, and may he given in evidence in any legal proceedings by certilied copy, as are other otUcial documents ; and the clerk of the municipality or of each of the municipalities, fihiul forthwith upon the liluiy of the award, notify each ol' the per8on.s affected tliereby within the muuK-ipalirv of wliioh he is clerk, by registered letter or personal service, of the filing of the same, and the portion of . nrk to b« done and mHterial fmnished by the person notified as shown by the award and the clerk shall keep a book in which he shall record the names of the parties to whom he 1ms sent notice, the address to which the same was sent, and the date upon which the same was deposited in the cost office or personally served, f)? V.cS.'i.s.lS. 19. If the lands affected by the ditch are situate in two or more municipalities, the engineer of the municipality in which proceedings were commenced Khali have full power and authority to continue the ditch mo or through so much of the lands m anv other raunicipalitv as may be found necessary, but within the limit ""of length as herein- before Provided and all proceedings authorized under the proyisions "i this Act shall be taken and earned on in the municipality where commenced. 57\.c.fl,'j,s.iy. ^ vvuoje '20. In every case where lands or roads in two or more muuici- polities are affected the clerk of the municipality in which proceedma- u.re commenced .hall forward to the clerk of fach of the othe, rnrt icipahties a certihed copy of every certificate affecting or relating "io lands or roads therein respectively, and the municipal council thereof ha 1 pay the sum for which lands and roads within its liu rave liable to the treasurer of the municipality in which proceediigs were commenced, and un ess the amounts are paid within fourteen dais after demand in writing by the parties declared by , a certificate l..ib e to pay the same, such council shall have power to .ake al pro ceed.ngs for the collection of the sums so certihed to be pa d as though all the proceedings had been taken and car-ied on within its own limits. .07 V. c. 05, s. 20. 21.— (1) The council of any municipality may enter into an agreemen with any railway company for the construction or en Le n.ent by the railway company of any ditch or culyert on the lands of such railway company, and for the payment of the cost of such wo. k after conpletion out of the general funds of the munic pa ity and t lie council shall have power to assess and levy the amount^so paifl exct s.ve of any part thereof for which the municipality may be 1 a lie un der the award as to the cost of the work in the same manne as taxes I. ft 68 ■ ■ 1 • A „««« thft lands mentioned in the award and in the relative ^re levied "P°° *i'®^ 'J3,,^a^°orof the work to be done and material*. ?'°''°/hTd''bv1he resSe^^^^^^ conatruotion of euoh diioh ; furnished ^y 'p/J^^'fl"if j^ every case be determined by a sapple- S'eltr^TarZadlb'y't^^^^^^^^^^^ Jj '^« ?udge'n the same manner as other awards made under this act. r2) No agreement with a railway company shall be entered into u ^^ •«;«!! nnnnoil Under this section which will impose a special ^\^>.''Tfhi oZer SonT h consent in writing, tiled with the ileriof the muSal tv of two-thirds of the owners liable for the ctnstructtnrtheT^^^^^ respect to which such work on railway lands is to be undertaken, (3) The cost of any such work on railway lands shall be exclusive of thiium firi as the limit ot the cost of the work imposed ^y sec tion 5 of this Act. 57 V. c. 55, s. 21. "^ri'S app':«':;:'"haS^eC'u;ta .be clerk of .he.u>uoWp^U. I^j ineappmrnu in U mted, a notice in writing S SeteC: to%C.l fr- S "ward, ehortly ee..,oK fonb .herei. the grounds of appeal. (^\ The clerk in t.ie next preceding subsection mentioned, shall, after^the expiration of he time for appeal, forward by registered letter ordeUverTcopy uf the notice or notices of appeal and a oertihed copy o the award aLa^^^^ the plans and specifications (it any) to the Snd/e XshaU forthwith upon the receipt of the registered letter, or documents aforesaid, notify the clerk of the time he appoints for the hearing thereof, and shall fix the place of hearing at the town hall nr other Dlace of meeting of the council of the municipality in whioh proceedin'irfor^t^^ were initiated, unless the Judge for Uie areater convenience of the parties and to save expense faxes some other SLtl L thlhearing The Judge may if he thinks proper order such r^rormonej to be'paid by the appellant or appellants to the said clerk KB wiU S a sufficient indemnity against costs of the appeal; and the nl«^ noon reoSving notice from the Judge, shall forthwith notify the :Ltnee'rroBe"awa'rSiB appealed against, and ^l^^ll^l^^X^' ' in the manner provided for the service of notices under this Act. (4) Any appellant may have the lands and premises inspectod by any other engineer or person who. tor such purposes, may enter upon BiKh lands and premises, but shall do no unnecessary damage. (5) The clerk of thP municipality *o whom notice of appeal ig given shall be the clerk of the court, and shall record the proceedings. (6) It shall be the duty of the Judge to bear and determine the 131 ti . 69 ' ' ' — ' 11..,-^-. i.i..», 1 i.ii. I M..I.I ■■■■.■«■ I ■■■■ — ■ .——i^iii n ai, 1,1.. appeal or appeals witLin two months after receiving notice thereof from the clerk of the municipality as hereinbefore provided. (7) The Jadge on appeal may set aside, alter or affirm the award and correct any errors therein ; he may examine parties and witnesses on oath, and may inspect toe premises and may require the engineer to accompany him ; and should the award be affirmed or altered, the costs of appeal shall be in his discretion, but if set aside be shall havd power to provide for the payment of the costs in the award mentioned and also the coats of appeal, and ma} orJer the payment thereof by the parties to the award, or any of them, as to him may seem just and may tix the amount of such costs. (8) In case the Judge on an appeal finds that the engineer has- througb partialitv or from some other improper motive, knowmgly and wilfully favoured unduly any one or more of the parties to the prooeedintis, he may direct that the engineer be deprived of all fees in respect to the award or of such part thereof as the Judge may deem proper. But such order shall not deprive any party to the proceed- ings of any remedy he may otherwise have against the engineer. (9) The Judge shall be entitled to charge for holding court for the trial of appeals under this Act, and for the inspection of the premises the sum of tive do'lars a dav, which charge shali be considered part of the costs of appeal under the provisions of the next preceding sub- eeotioQ. (10) The award as so altered or affirmed shall be certified by the clerk together with the costit ordered, and by whom to be paid, and shall be enforced in the same manner as the award of the engineer, and the lime for the performance of its requirements shall be comput- ed from the date of such judgment in appeal ', and the clerk shall im- mediately after the hearing, send bv registered letter, to the clerk of any other municipality in which lands affected by the ditch are situate, a certified copy of the changes made in tUe award by the Judge, which copy shall be filed with the award, and each clerk shall forthwith by registered letter notify every owner within his municipality of any change made by th^ Judge in the portion of work and material assigned to such owner. f>7 V. o. 65, s. 22. 28. No award made bv an engineer under this Act shall be set aside by the Jud;(e for want of form onlv or on account of want of etiict compliance with the provisions of this Act, and the Judge shall have power to amend the award or oth«r proceedings, and may in any case refer back the award to the engineer with such directions as may be neceosary to carry out the provisions of this Act. fiTV.c. 6.5,8.28. 24. Every award made under the provisions of this Act (thall after the lapse of the time hereinbefore limited for appeal to the Judge, and after the determination of appeals, if any, by him, where the award is affirmed, be valid and binding to all intents and purposes notwithstanding any defect in form or substance either in the award 70^ ._ :_ ■_ '- -■ or in any of the proceedings relating to the works to be done there- under talen under the provisions of this Act. 57V.o.55.s.24. ' 25 In all appeals under this Act from the engineer's award the Tn-ii «l,nU T-osaess all such powers for oornpelling the attendance ot, Jn^'fnVtheeCmTnaSion on Lth. of all parties and other persons as Eelon^to o/Srhe exercised by him in the Division Court or in the County Court. 57V.c.55,b.25. 26 -a) Upon any appeal to a Judge under this Act, the clerk of the munTcipality shall havl the like powers as the clerk of a Division the '^"">37"^p_,,:^„ of snpopnas to witnesses upon the apphcati«n of°any pany ': reTrSoeedin^gs, or upon an order of the Judge for the attendance of any person as a ^^itness before him. 19\ The fees to be allowed to witnesses upon an appeal under this Act shall be upon the scale ot fees allowed to witnesses in any action in the Division Court. 57 V. c. .'55, s. 26. 27 The municipality or each of the municipalities shall within ten davs after the expiration of the time for appeal or after appeal, as he case maTbe. pav to the engineer and Judge and all other persons entitled t^the same, their charges and fees or a ?^'''<^^,'^'Z"n TlL eS adjudged to be paid by the owne.s therem and «hal • if tl e flame be not forthwith repaid by the persons awarded or adjudged to nav the same, cause the amount, with seven per cent, added thereto L be placed upon the collector's roll as a charge against the lands of the person bo in default, and the same shall thereupon become a charge upon such lands, and shall be collected in the same manner as municipal taxes. 57V.c.55,8.27. • 9R -iW The engineer at the expiration of the time limited by the award for the completion of the ditch, shall inspect t^e «ame i re^ nrred in writing so to do by any of the owners interested and it he SndB the ditch or any part thereof not completed m accordance with ?he award he may let the work and supply of material to the lowest biddergivng security in favou, of the municipal ty by which he was !«t«!l nnd annroved by the engineer, for the due performance Eof wi^l^n a Sed ;!me^ but nolioh letting shall take place :- (a) Until notice in writing o* the intended letting has been post- ed UP, in at least thioi .^onspicuoua places in the neighbor- hood of the place at which the work is to be done, for four clear days. (b) And until after four days frum the sending of the notice by ^ ^ registered letter, to the ^ant known address of such persons. interested in the said award as do not reside in said muni- cipality or municipalities, as the case may be. (2^ If however, the engineer is satisfied of the good faith of the person failing in th^ performance of the award, and there is good rea- — -,>- _^ , ;_7i eon for the uonperformance thereof, he may. in his discretion, and upon payment of his fees and ohargee, extend the time for perform- ance. ^ <^) Any owner in .default, supplying the material and dome the work after proceedmgB are beRUn to let the same, shall be liable for the fees and expenses occasioned by his default, and the same shall »orm a ciiarge on his land, and if not paid b> him on notice, the ooun (Ml shall pay the same on the certificate of the engineer, and shall cause the an.ount with seven per cent added thereto to be placed on the collector's roll against the lands of the person in default to be col- lected m the same manner as municipal taxew. (4) The engineer may let the work an7 V. c. SG, s. 33. anfl Watftrcourses, or coDRtruoted, deepenbu, wuiouo« SKfirrKfolig £ 3"....l. baL baraloahar provid- ed. 57 V. c. 55, fl. 34. q-i -in If any owner whose duty it is to maintain any portion af writing, to inspect the portion complained ol. i2) The inspection by the engineer and the proceedings for doing unA iLnletingJhe repairs required and enforcing payment of cost-, Jit and charges shall be as hereinbefore provided in case of non-com- Xn of fcoVst^^^^^^^ of a ditch but should .J»;« «°«;°««;f j °^, caurof complaint be .hall certify the same with the amount of h.s . 73 fees and charges to the owner who complained and also to the clerk ot the munioipahty, and thj owner who made the complaint shall pay the fees and charRes of the engineer, and if not forthwith paid by iJim, the same shall be charged and collected in the same manner as ifi provided for by this Act, in the case of other certificates ot the en- gineer. (3) Any owner interested in or affected by anv ditch heretoiore or hereafter constructed, whicii ha« not been constructed under any of the Acts mentioned in section 34 o'' this Aot, nor under this Act, nor under any Act relating to the construction of drainage work by local assessment, may take proceedings for the deepening, widening, ex- tending, covenng or repair of such ditch in the same manner as for the construction of a ditch under this Act ; pr..vided always that the extent of the work and costs thereof and aeseRi-rjjent therefor shall not exceed the limitations imposed by sections 5 and 6 of this Act. 57 V c 55, B. 35. r. i'^^'" , ^u^ °^°^'" P*^*"'-^ *'° ^'^^ **a»"'J whose lands are affected by a (litch. whether constructed under this Act or anv other Act respecting ditches and watercourses, may. at any time after the expiration of two years from the completion of the construction thereof, or in case of a covered dram at any time after the expiration of one year, take pro- ceedings for the reconsideration of the agreement or award under which It was CDnstrunted. and in every such case he shall take the same proceedings, and in the same form and manner, as in hereinbe- tore provided in th« case of the construction of a ditch. Provided that in case any ditch, after its construction, proves in- sufhcient for the purposes for which it was constructed so as to cause an overflow of water upon any lands along the said ditch and causes damage to the same, any owner party to the award may at any time after the expiration of SIX monihs from the completion of the ditch take proceedings as aforesaid for the reconsideration of the agreement or award under which such ditch was constructed for the purpose of remedying the defect in that pa.licular respect. This proviso shall apply only to that portion of the Province lying east of the County of broutenac. 57 V. c. 55 s. 80 ; 58 V. c. 54, s. 2. 37. Any engmeer who wilfully neglects to make any inspection provided lor by this Act for thirty days after he has received written notice to inspect, shall be liable to a tine of not less than U and not more than JIO to be covered with costs on complaint made before a JuHtice of tlie Peace having jurisdiction in the matter ; and in default of payment the saiue shall be recoverable bv distress, and every such hue bh'ill be paid over to the treisnrer of the municipality in which the oftenoe arose. 57 V. c 55, s. 37. 38 No action, suit or other proceeding shall lie or be had or taken for a mandamus or odier order to enforce or compel the per- formance of an award or completion of a ditch made uudt this Act. but the same shall be enforced in the mauuer provided for by ihis Act 74 f,7 V. 0. 55, B. 3B. »9. I„ carry;-, .o.o eflec. U.e .-™'-';J,t: ^:lt t'Z iu the Baiil Scheaulti. 57 V. o. 5.), fl. 'H . SCHEDULE. FORM A. (Section 4) BY-LVW FOn APPOINTMRNT OF KNGINKKK A ,.V ,aw f„.- ...a a„,oiu.ment „t ao .n.ineer uu.le,. Tlu, Di.che, a.l A i)y ittvv I Watercourses Act. . 1H9 . in the oonntv Fioally pasfled The municipal nonneil of the ^^ of euactB as fclbwa : ,^,..,„n 4 of The Ditchef. ami 1. PnrBuant to the provinmnB of ^^I'^^^^^fjl^^) ,f the tosva Watercourses Act. ^^^^\ ,,f h here. ':;:;rXZ :l tl-. eo^iuee; for th.B muu.cipaUty to carry out the provisions of the said Act. •i Tl,e aaW ensinear ahall bn pai.l .ho Wlowius foe* for -ervioea „u,lLu!n.ler .1. -aid Ac. ,o,. „. .h» caaa ,uav ...). a. Thia by-law al.all .ake effec. f.om au,l after .he liual „a.Hm« thereof. Clerk. lieeye. [L.S.] 57 V. c. 55, Sched. Form A. FOKM B. (Section 7) nECT.ARATION OK OWNKKSIIIP. e ii.o r»;f,.hfiH and Watercourses Act, and of a Tn the mutter of tlie Uitones auu >•« ^^ ditch in the township (or as the case may be) ot tlje coimty of , , _f , iu the county J , of the *** ^ 76 °*! • ilo Bolenmly declare and aflirm that I am the owner within the meaning of The Ditches and WatercourseB Act, of lot (or the BUbdivison of the lot, naming it) number , in the conoesBion of the townBhip of , being (desoribe the nature of ownership). * Hileranly declared and arflimed ) before me at the of . in the countj' , of , A.D. 1H9 . j a CommisHioner. (J. P. ur Clerk.) fi7 V. 0, nrj. Sched. Form B. KOKM C. (Section H.) NOTtCK TO OWNIOKH OK LANDS AFFKCTKD BY PROPOSKJ:* DITCH. To Str, Township of I (date) 189 I am within the meaning of The Ditches and Watercourses Act, the owner of lot (or the sub division, as in the declaration) number in tiie concession of , and as such owner I re- quire a ditcli to 1)9 conntructe 1 (or if for reconsideration of agreement or award to deepen, widen or otherwise improve the ditch, state the ob)ectl for the draining of mv said land under the said Act. The fol- lowing other lauds will be alTected : (here set out the other parcels of land, lot, concession, and township and the name of the owner in each ease , also each road and the municipality controlling it). I hereby request that you, as owner of the Haid (state his land), will atiend at (state place of meeting), on the day "^ . • 1B9 , at the hour of o'clock in the noon, with the olject of agreeing, if possible, on the respective portions of the work and materials to be done and furnished by the several own- ers interested and the several portions ul the ditch to be maintained by them. Yours, oti\, (Name of owner.) 57 V. c. .05, Sched. Form C. VORM D. (Section 9) AORRRMKNT BV OWNKRS. TowoBhipof .(date) 189 . Whereas . . foan.l neoe^jary ^-i^^^:^^^::^^^ deepened, or ^ddened. or otherwise '^P "JX^^J^^ ^f the tollowin^ The'DitcheB and Wate. course^ Actjor the dra.m ^^^ ^^ lands (and roads if any ) . .^^2d,nrthe apphoanfs own land lot. con- owner as in tl»e notice, inolumnjineupi ^^^^jl^j) cession and township, ^^j^'^'^^. i°„"Jf,e^UaiuTof the said Act of the Therefore we the oA/nen witliin tne mo»u >i ^^^^ ^^^^^ said lands (and if yo^'^'l .ff *;"'telmtf of the council thereof) do agree of the said '^'^°^«'l'«'^'y ^",.^T^^^^^^ each with the other as follows • i'»*;.^ '"'" . ^^^^^ thereof at the sum case may be) and we do hereby esUma^^^^^^^^^ ^^ „f $ and the ditch ^^^f ' ^^^^/^l^a teru'ioat.on, its depth, hot- tZ tr to° rtraTd^ otrpSc^l. as a.eed upon, also any rd«e\"lilv^rts or catch ba^insetc^^r^^^^^^^^^^^^^^ I.^ .^^ ^^ ,„ , rr^^i^^al tX'^ co^np^ae ..e^pe.or.anee thereof on or before the day^^^^^^ ^^ ^^^^ ^^ ^::^\ That the ditch whTcls rncte shaU be ma.nta. owner of (describe hifl lana«j ^ ». »^ /fiv Mia ooiul p.,„ioa of d...h ;r°r,r,x **e poiot of «o.>-.co,..ot, .o (Hx -Us p^,^ Sisiied in the nresence of ) ^ (Signed by the parties here). 57 Y. c. fif). Sched. Form D. Form E. ^Section I*^ ) KKQmSITION FOU KXAMINATION BV KNOINEKR. Township of ,(date)lfi9 . To (name of clerlt), ^ Clerk ot (P. O. address). \.r, nf Thfi Ditches and Watercourses 77 , in the oonoesBioa of , and m suob I require to c DBtruot (def|)en, widen, or otherwise improve as nee'^ed), a ditob under the proviaions of the said Aot, for the drainage of my said land, and the following lands and roads will be afTeoied : (here describe each parcel to be affected as in the notice for the tnoetiug to agree and state the rame of the owner thereof), and the said owers having met and failed to agree in regard to the same, I request that the engineer appointed by the municipality for the purposes of the said Act, be asked to appoint a time and place in the locality ot the proposed ditch, at which be v;ill attend and examine the premises, hear any evidence of the parties and their witnesses, and make hie award under the provisions of the sai^ Act. (Signa^^iure oi the party or parties). 57 V. c 55, Sobed. Form E. FORM F. (Section 14). NOTtCK OF APPOINTMF.NT FOR EXAMINATION BY ENftlNERR. To (Name of owner). (P. 0. Address). Township of (date) 189 Sir,— You are hereby notified that the engineer appointed by the municipality for the purposes of The Ditches and Watercourses Act, has in aLSwer to my requisition, fixed the hour of o'clock in the noon of day, the day ot to attend at (name the place appointed) and to examine the premises and site of the ditch recjuired by me to be constructed under the provisions of the said Act (or as the case may be), and you as the owner of lands affected, are te- (juired to attend, with any witnesses that you may desire to have heard, at the said time and place. Yours, etc., (Signature of applicant). , 57 V. 0. 65, Sched. Form F. 78 FORM O. (Section 16.) 1, AWARD OF RNOINRRR. the ei?2me.-r appointed by the municipality of S;: proviBione of The Ditcnes and Watercpurae. Ac^*^ ha^.n^^^^^^^^^^ ,„ired ao to do by the -qma.Uon^oi .^^ ^^ ^^^ ^^ -- (deacribe -^Vt^f h^^^^^^^^^ tValn Vo k^Vi^'d^ Z^^^^^ ity and repreaentmK that ^^J'^^'^'^l^^^^lt the said land, and "•'' f ifJltttod at the time and place named in my notice ,n answer lion), did attend at ine ""J. *"" ^ j j .^^^ locality (and the parties '° 5i^rs«°'rff 'jrs. iheT.:.) flud .h./.h. ii^^u .he and their ""°?|'°! " , ° ji..i,j ,. ,eauired. The loof.iion. deeonp- ?rr»d"'e»«rreonb.^tb'"*a\«';?i« of o.a.a.eaoe,„eo. .ad .«. '""' Here'dl'trihrditoh .. .o .11 .bov. p,-.= ..«..) Thf..ldwrr:m affect .he follow!™ l.n« ;-^2' e .i°.rf .od other l.nde.nd.h,ir-p.c..v-^^^^^^^ XrLrthrl".^h^f ?^lrdl|. .» «. e..i».te of their re- •T?Nr:TolV« ."ntdT.;ri;tyn''r.iri.o.) .h..l m.ke .od ■■T "sime of owae? Jod deMriptioo of hi. l.»d ."d eo ou .. .bov. '"ittother .w.rd .ud .pport^o» the u..iotep.oce of the Jitoh .. '"'{""mTme of owner .nd ie-oripiion ol hi. Lnd) .h.ll )a.int.ii. ,he„ flx JS p^iot .» d eommenoemeot .nd endio, of h.. porfoo). .w.,V.r. (heregiv. fee..nd other ^^JXih'.' '"b '"r^fad,!:" « ?ror^°T.feYVwh°oL.dbr«t^..d.r.pec.ivel,.) Dated this . day 01 . A.U. isy . ^^'"®"' I Signature of Enaineer. ) 67 V. 0. 56, Sched. Form O. 79 FORM H. (Seottoo 29) To CRRTIFICATE OF ENGINEER. of Clerk of (be I hereby certify that haa furnished the material and completed the work (as the case may be) which under my award made in accordance with the proyisions of The Ditches and Watercourses Act, and dated the day of A.D., 189 , one owner of lot number (des- cribe his land ijiving township or other'^^ise) was adjudged to perform, and having failed in the performance of the same it was subsequently let by me to the said for the Bum of $ , and as he has now completed the performance thereof he is entitled to be paid the said amount. I further certify that my fees and charges for my services render- ed necessary by rpason of such failure to perform are (give items) $ , and tiaid amount payable to the said contractor and the said fees aud charges are cbi rgeable on (describe property to be charg- ed therewith) under the provisions of The Ditches and Watercourses Act, unless forthwith paid. Dated this day of A.D., 189 . (Signature of Engineer.) Engineer for 67 \ . 0. 55, Sched. Form H. Births, Marriages and Deaths. TO PARKNTS, OUAKDUN8, OCCUPIERS, MEDICAL MEN. CLERGYMEK AND OHTERS: .tteDdrng at a birth must also report forthw,* ^^ „.„?,ro cTbr-atiT afd 1 .Z^Ll ^ .»r J^bed .i.„i. ...... ^''^tpetoX'reftoTe^ir a death is «»» oco^p.» of *e housi in 'which th2 death took P'^bXytSSr^ ^oftli: bo";:' °i rZl?ro°;e^irra^ Z -r J^^rtertia^a. .r the "'""BSrilrp'erl"lK°o°bt.ined from the division registrar before aoy dead body can be m'erred f ,,,j,„ ^i.hf^X^cird'^f^rwTt^b^'-feT r r perL.. so refosi. "' "trXraLtrr-^'relrin'r d?C:; divis^o, have beeol^.rt:dto.trict.yeo.oreei.s-w^^^^^^^^ -»^f,dli^irrr;=rafr:tq.o-^^y„;'L-:„^^,^^^^^^ filled up can be returned free of postage. R. B. Hamilton, Inspector. P. A. Bryce, M. A., M. D., Deputy Registrar General. B) fol ed shi of, tb( oe] vvl d'-i ua shi pel W Registrar-Generare, office, Toronto, March 12th, 189B. BY LAW NO. 765. By-Law to amend By-Law No. 735, entitled a "By-Law to regulate'\thc performance of Statute Labor, and to define the duties of Overseers of Highways in the Municipality of the Township of Pickering." The Municipal Council of the Township of Pickering enacts as follows : That section four of said By-Law, No. 736, be altered and amend- ed so as to read as follows, that is to say : 4. All persons holding lands in more than one Boad Division shall be rated for Statute labor acoordins; to the whole yalnatiou there- of, except as provided in Clause 19 of this By-Lav. , but shall perform their labor proportionately in the respective Divisions where the pro- perty is situated, save and except undivided parcels of land upon which the person or persons assessed therefor are residing ; such un- divided parcels being parts of the same lot; or lots, and beinp ' nntig- uous to each other, in which case the work for such undivided parcels shall be performed in the Boad Division in which the person or persons asseened therefor may be residing. Passed March 20th, 1899. W. G. BARNES, Beeve. D. B. EATON. Olerk. 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OS e^'^ -2 0) CO fl o fl o 2 m o 1-9 «o 00 00 I/' u CM »" _W «■ ^ ^ 04 O H S ® ® S "o 9 — « lJ o o (D S-^ 9 fi ^ at <*' »— OS rt-O »s '(2 OS ^ hi tM O O ^2 ^ « S-.sS O Cos fe •* ® « &'fe o 3 ^J£ B a e« 'a * H Sis »; o o«^ .O OjQ OS a "• 2 9 ° a .1 PQ O o o «4 IH n &< n n fo (^ i 03 H (9 M H P3 PQ PQ P3 PU 8 PL« o CD o o a (A OQ a "Tj TS « V ^ 00 od aj on 50 w w 2*5^ 2>-^ 2PQ P o o^^p o"^Pfl 2* '^a «^2 oD CO gPQ I«§i«iil2 Ac o O ^ O O » P3 03 ^ H QD 00 By Law-Por dehn'mg the dudes of Road OverBeers.. ^T' °KfaidRnu;r°'"""°' appropriations-on %uE'H^«h^ia;a!.r.?.';' °' obBt;uc;io„ri;om ' ^VaS*!^ ^''' '^^ protection of side 'and"oro8e'ini' To provide for the paymenToT a'"boVu8r\'n'o^^^^^^^^ ^^ ^^ oases, for the buildiDjj of wire fences... i« To restrain domestic aLituals from running at "large ! 16 5«8Pecting th« public health k «i. large.. lo Jbor the oreservation of public morals ." a^ dCrnc;:":.!"";. '"°*^ -^ «°°^ ''' ^^'^^ ;; To license billiard, pool, bagatelle VabVesre'to!!::!:::::: a? To regulate and license public shows and cir;u;e- 86 ' •• For Zr- '•'^"''^'^ """^ P^«^" '^*°«'«°^ traders etc! 88 For restraining and regulating the runing at lar^e of dogs and for imposing a tax on the Owners. Pos- sessors or Harbourers of dogs, etc qq To encourage the planting of ornamental treesind tor their protection, etc .„ A„ 'a* To amend By-law, No. 735 ;;";;; ^f An Act-To regulate travelling on public highways and bridged 44 Respecting snow fences "^ "uagea 44 To authorize and regulate the use of traction en'gines on Highways ^ ._ To prevent the spread of No'xious' WeedB,' and of'dis* eases affecting Fruit Trees >'^uaotaiB Keepecting Line Fences ;f Respecting Ditches and Watercourses!.".'.'.'."! «? (bummary of) Respecting Registration of 'Bi^ihs! Marriages and Deaths ; «i"ub,