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Photographic

Sciences

Corporation

'k% WIST MAIN STREET

WEBSTER, NY. 1 4580

(716) 873-4S03

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CIHM/ICMH

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CIHM/ICIVIH
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1981

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1897.

Public Travel.

The Iiaw l^elating
To : —

Bicyclists,

Horsemen,

Pedestrians,
Compiled and Annotated.

ARTHUR L. WILLSON, B.A,

AUTHOR OF MUNICIPAL WORKS.

FRiCE to CENTS.

Including the Important
Legislation of 1891

TORONTO :

PRINTED BY THE ADVOCATE PRINTING CO.,

734 Queen St. East.

.897.

mmimmmmmmm

%►

1897.

Public Travel.

The liaw l^elating
To:—

Bicyclists,

Horsemen,

Pedestrians^
Compiled and Annotated.

ARTHUR L. WILLSON, B.A.

AUTHOR OF MUNICIPAL WORKS.
PRICE 50 CENTS.

Including the Important
Legislation of 1897.

TORONTO :

PRINTED BY THE ADVOCATE PRINTING C0.»

734 Queen St. East.

1897.

Entered according to Act of the Parliament of
Canada, in the year 1897, by Arthur Lawrence
Willson, B.A., at the Department of Agri-
culture.

NuRSE's Hotel

HUMBER BAY.

HEADQUARTERS FOR BICYCLISTS

One of the most comfortable
Hostel ries in Canada. Large and
airy. Fresh lake breezes, boating
and fishing.

An immense dining-room, the
tables always laden with the choic-
est delicacies of the season. Fish
dinners.

Best accommodation for bicyclists
in Ontario.

BICYCLE TRACK ON PREHISES.

C. NURSE, Prop.

—1897.-

Bicycles, Tricycles and
other Vehicles.

COMPILATION OF LAWS GOVERNING AND

REGULATING THE USE OF BICYCLES,

TRICYCLES AND OTHER VEHICLES

ON PUBLIC HIGHWAYS— WITH

ANNOTATIONS.

By Arthur L. Willson, B.A., Author of Municipal

Works.

CONTENTS :

12.

13-
14.

7. The Act to Regulate Travelling.

10. Sidewalks — Bicycle Paths — Carriage Ways —
Protecting Bicycle Paths.

11. Protection of Sidewalks— Removal of Snow
and Ice— Regulating Bicycle Travel.
Public Highways — Jurisdiction — Possession —
Liability for Repairs.
Licensing Livery Stables.

Setting: apart Streets for Fast Driving — Fines
and Penalties.

VieTORiA PAH?

IS THE MOST

FAVOHITE

SUMMER AND WINTER

HESOHT

On Lake Ontario, adj 'cent to Toronto. 5c. Fare on Electric

Cars from all parts of the City.

First Class.

HHSTAtiHefTXt

W. H. CANNON, L.D.S.,

DENTIST
597 Queen St. W.^ Toronto

VITALIZED AIR AND NEW ANAES-
THETIC GOLD CAP CROWNS $4-00.

TEETH, $4-00 up.

SATISFACTION GUARANTEED

TEETH : INSERTED

Without being egotistical I claim to have
not only an experience of 30 years practice
in Toroiito, but am up-to-date in all improve-
ments in the professson, adapted to each
patient.

nisf itting Setts Remodeled or Made Over so as to
be worn with Comfort.

JAY A. FULTON,

i^ YORK MILLS

Yonge Street.

Has always on hand a large stock of

WILKINSON^ FLUERY
AND PATTERSON

PLOUGH POINTS,

At the Lowest Prices. Also

SUGARS, TEAS AND FLOUR

A SPECIALTY.
4

PREF/CE.

While Councils of municipal corporations have
jurisdiction over roads and bridges within their re-
spective boundaries, their chief duty in relation there-
to, is to preserve and keep the same in a jfood and
sufficient sr.ate of repair for the benefit of all who may
desire to tr£.vel thereon, subject in case of default, to
the penalties provided by law, as well as being civilly
liable for any and all damages occasioned by reason
of such default.

Any bylaw of a Council which exceeds the authority
given by express enactment of the legislature is bad
and may be set aside or quashed.

It has been held that the public has a right of way
over the whoie ividth of every road and no restrictions
can be made or imposed by a Council operating
against the travelling' public, unless special provi-
sions are made by some act empowering' such Council
so to do.

A Council may pass by-laws preventing the riding or
driving of horses etc. on sidewalks. .

To prevent racing and immoderate driving on high-
ways and bridges.

To regulate and g-overn persons using bicycles and
other vehicles not drawn by horses when the popula-
tion of the mimicipality is 100,000 or more.

Prior to the legislation of 1897, Councils of munici-
palities having a population of less than ico,ooo had
T»o power to pass by-laws to prevent bicyclists riding
•on sidewalks.

The government has wisely guarded the interests
of the public in respect to roads and public travel
thereon and no strained construction of any enactment
will entitle a Council to interefere with the established
rights of the people.

The whole tenor ot the Municipal Act and other
Acts relating to municipal government, is to authorize
and provide such regulations as will be for the best
interests of the inhabitants.

JOSEPH DOUST

Law and Commercial Stationer,

lilthogpaphen, Ppintctf, &e. All kinds of Laui

pofins on hand. Special pofn^s Ltitho"^

gpaphed ov Pvinted to Ofdet*.

5) ADELAIDE ST. EAST. Toronto, Ont.

ONTARIO HOUSE

KINGSTON ROAD, Near Victoria and Monro Park

BEST BRANDS LIQUORS & CIGARS.

Ontario Gun Club meets at this House.

Meals at all hours. East Toronto P.O. Good Stabling.

THIS HOTEL HAS FINE PICNIC GROUNDS,
where Baseball, Football, Lacrosse, and other pastimes can
be indulged in. GROUNDS FREE TO PI CMCERS.

Toronto and Scaiboro Electric Stret t Railway
Runs to and from the place

The Best I^icnic Grounds in Ontario.

RICHARD CREWE, Prop.

We are making a very dis-
tinguished exhibit of foot fashion
in the famous '* CCEUR de
LEON " — Introducing this shoe
the more closely to the ladies
of Toronto — for the first time show-
ing the smart styles and dressy
designs for dress, street and society
functions — demonstrating the dif-
ference and betterness of the
C(EUR de LEON SHOE system
and showing shoe quality that you
have hitherto paid more than double
the money for. " CGEUR de

LEON " Shoes are fashioned by
the world's very best shoemakers.

W. J. QUINANE,

Two Large Stores {l{rQai»st.

AN ACT TO REGULATE TRAVELL-
ING ON PUBLIC HIGHWAYS AND
BRIDGES. R. S. O., Chapter 195 as
amended by 57 V.C. $2, 59 V.C., 51, €0
V.C. 56.

I. In case a person travelling or being upon ahigh-
way in charge of a vehicle drawn by one or more
horses, or one or more other animals, meets another
vehicle drawn as aforesaid, he shall turn out to the
right from the centre of the road allowing to the
vehicle so met one-half of the road.

la. In case a person travelling or being upon a high-
way in charge of a vehicle as aforesaid meets a per-
son travelling upon a bicycle or tricycle he shall where
practicable allow the person travelling upon a bicycle
or tricycle sufficient room on the travelled portion of
the highway to pass to the right.

id. In case a person travelling upon a highway on
a bicycle or tricycle overtakes i n/ vehicle as afore-
said or horseman travelling at less speed or a person
travelling on foot the person travelling on a bicycle
or tricycle shall give to the other person audible
warning of his approach before attempting to pass.

ic. In case a person travelling or being upon a
street or highway on a bicycle or tricycle is overtaken
by any vehicle as aforesaid or horseman travelling at
a greater speed, the person so overtaken shall quietly
turn out to the right and allow the said vehicle or
horseman to pass and the person so overtaking the
bicycle or tricycle shall turn out to the left so far as
may be necessary to avoid a collision.

lei. In case a person travelling upon a bicycle or
tricycle in cities of over loOyOOO inhabitants in a north-
erly or westerly direction upon the central strip
between the double tracks of a surface railway meets
another person on a bicycle or tricycle travelling in
an opposite direction he shall turn out to the right,
allowing to the bicycle or tricycle so travelling South
or East the whole of such central strip.

2. In case a person travelling, or being upon a
highway in charge of a vehicle as aforesaid, or on
horseback, is overtaken by any vehicle or horseman
travelling at greater spe^d, the person so overtaken
shall quietly turn out to the right and allow the said
vehicle or horseman to pass. ' "'

3. In the case of one vehicle being met or overtaken
by another, if by reason of the extreme weight of
the load, on either of the vehicles so meeting or on
the vehicle so overtaken, f driver finds it impractic-
able to turn out as aforesaid, he shall immediately
stop, and, if necessary for the safe*^^' of the other
vehicle, and if required so to do, he shall assist the
person in charge thereof to pass without damage. .

4. In case a person in charge of a vehicle, or of a
horse or other rnimal used as the means of convey-
ance, travelling or being on a highway as aforesaid,
is, through drunkenness unable to drive or ride the
same with safety to other persons travelling on or
being upon the highway, he shall incur the penalties
impo{*ed by this Act.

5. No person shall race with or drive furiously any
hor^e or other animal, or shout, or use any blasphem-
ous or indecent language upon any highway.

6. Every person travelling upon a highway with a
sleigh, sled, or carriole, drawn by horse or mule, shcil!
have at least two bells attached to the harness.

7. Every person who has the superintendence and
management of any bridge exceeding thirty feet in

.length shall cause to be put up at each end
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 thpreof, be subject to a fine,
as provided by law."

8. In case a person injures or in any way interferes
with such notice he shall incur a fine of not less than
$1, nor more than $8, to be recovered in the same
manner as other penalties imposed by this Act.

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9. If, while such notice continues up, a person ridet
or drives a horse or other beast of burden over such
bridg^e at a pace faster than a walk, he shall incur the
penalties imposed by this Act.

10. In cases not otherwise specially provided for,
if any person contravens this Act, and such contra-
vention is duly proved by the oath of one credible
witness, before any Justice of the Peace having juris-
diction within the locality where the offence has been
committed, the offender shall incur a penalty of not
less than $1, nor more than $20, in the discretion of
the Justice, with costs.

n. If not paid forthwith, the penalty and costs shall
be levied by distress and sale of the g-oods and
chattels of the offender, under a warrant signed and
sealed by the convicting Justice, and the overplus, if
any, after deducting the penalty and costs and charges
of sale shall be reinrned, on demand, to the owner of
the ffoods and chatties.

12. In default of payment of distress the offender
chall, by warrant signed and sealed as aforesaid, be
imprisoned in the common goal for a pferiod of not
less than one day nor more than twenty days, at the
discretion of the Justice, unless the fine, costs and
charges are sooner paid.

13. No such fine or imprisonment shall be a bar to
the recovery of damages by the injured party before
any Court of Competent Jurisdiction.

14. Every fiqe collected under this Act shall be
paid to the Treasurer of the local municipality or
place in which the offence was committed, and shall
be applied to the general purposes thereof.

Provided, however, that in case where the offence
has been committed on a road or bridge, owned by a
company ^ m or person, and such company, firm or
person, or the officer or servant of such company,
firm or person is the complainant, the fine collected
shall be paid o\ er to such company, firm or person.

See Municipal Act Sections 420— 473a— 479 s.s. 17 —
19 and s. 482.

SIDEWALKS

BICYCLE PATHS
WAYS.

CARRIAGE

Municipal Act, Cap. 42, Sec. 330 {amended i8g6—
/8p;.)

The Council of every County, township, city, town
and incorporated village may pass by laws.

I. For setting apart and laying out such portions ot
any— roads, streets, squares, alleys, lanes, bridges or
other communications, as the Council may deem neces-
sary or expedient, for the purpose of carriage ways,
boulevards and side walks, or for the improvement or
beautifying of the same, and for preventing and
removing any obstructions upon any subways, bridges
within its jurisdiction, and also for permitting roads
for cattle under any highway.

\a. For setting apart so much of any highway or
road or street as the Council may deem necessary for
the purposes of a bicycle path.

lb. If a person rides or drives a horse or other beast
of burden, or a>agon, carriage cr cart along a bicycle
path hereafter or heretofore set apart by by-law, he
shall mcur the penalties imposed by The Act to regu-
late Travelling on Public Highways and Bridges,
See 60 V.C. 57 (i).

Sec. 557 (4).

The Council of every township may pass by-laws
for setting apart so much of any highway as the
Council may deem necessary, for the purpose of a
foot path and for imposmg penalties on persons travel-
ling t'lereon on horseback or in vehicles.

PROTECTING BICYCLE PATHS.

60 Vic. C. 5

The Counci of every county, township, city, town,
and incorporated village may pass by-laws fcr setting
apart so much of any highway or road or street as the
Council of any such municipality having control over
such highways road or street may deem ne.cessary for
the purpose of a bicycle path, and if a person rides or

drives a horse or other beast of burden over such
bicycle path he shall incur the penalties imposed by
the Act to regulate travelling on public highways and
bridges.

Municipal Act Sec. 496, s. s. 3.

The Council of eviry city, town and incorporated
village may pass by-laws.

For preventing the leading, riding or driving of
horses or cattle upon sidewalks or other places not
proper therefor. See 60 V.C. 45 S. 51.

PROTECTING SIDEWALKS.

60 Vic. C. 45— S. 51.

The Council of every municipality may, by by-law
prohibit carriages, wagons, bicycles, sleighs and other
vehicles and conveyances of every description, and
whatever the niotive power, or any particular kind or
class of such vehicles and conveyances from being
upon or being used, drawn, hauled or propelled along
or upon any sidewalk, pathways or footpaths used by
01 set apart for the use of pedestrians, and forming
part of any street, avenue, boulevard, bridge or other
means of public communication, or in or upon any
avenue, boulevard, park, park plot, garden or other
place set apart for ornament or embellishment cf
the Municipality, or for public recreation.

REMOVAL OF SNOW AND ICE.

Fines and penalties. Municipal Act, c. 42, s. 479,
s.s. 17-19 for breach of by- law.

Municipal Act sec. 629 (4). The Council of a city,
town, township and incorporated village may pass
by-laws to define certain areas or sections within the
municipality in which all snow, ice and dirt and other
obstructions shall be removed from the sidewalks,
streets, lanes, and alleys.

REGULATING BICYCLE TRAVEL.

Municipal Act Sec. 489, s.b. 59 (58 V. C. 42).
The Council of every Township, City, Town or in-
corporated Village may pass bylaws.

For regulating and governing (but not licensing),
persons using bicycles and other vehicles not drawn
by horses ; but this sub-section shall apply only to
municipalities which have a population of 100,000 or
^nore.

PUBLIC HIGHWAYS— JURISDICTION.

Municipal Act, Sec. 524.

All allowances made for roads by the Crown Sur-
veyors in any town, township or place already laid
out or hereafter laid out ; and also all roads laid out
by virtue of any Statute, or any roads whereon the
public money has been expended for opening the
same, or whereon the statute labour has been usually
performed, or any roads passing througn the Indian
lands, shall be deemed common and public highways,
unless where such roads have been already altered, or
may hereafter be altered according to law.

Sec. 526. Subject to the exceptions and provisions
hereinafter contained, every municipal council shall
have jurisdiction over the original allowances for
roads and highways and bridges within the municipal-

ity.

POSSESSION.

Sec. 527.

Every public road, street, bridge or other highway
in a city, township, town or incorporated village,
shall be vested in the municipality, subject to any
lights in the soil which the individuals who laid out
such road, street, bridge or highway reserved, and ex-
cept any concession or other road within the city,
township, town or incorporated village, taken and
held possession of by an individual in lieu of a street,
road or highway laid out by him without compensa-
tion therefor.

LIABILITY FOR REPAIRS.

Sec. 531 :— As amended by 57 V. C. 50 and 59 V. C.

r^t.

Every public road, street, bridge and highway shall

be kept in rep-^ir by the corporation, and on default of
the corporation so to keep in repair, the corporation
shall, besides being subject to any punishment pro-
vided by law, be civilly responsible for all damages
sustained by any person by reason of such default,
but the action must be brought within three 7nonths
after the damages have been sustained. Provided,
howevei, that no municipal corporation shall be liable
for accidents arising from persons falhng, owing to
snow or ice upon the sidewalks unless incase of gross
negligence by the corporation ; and provided also
that no action shall be brought to enforce a claim for
damag-es under this sub-section unless notice in writ-
ing of the accident and he cause thereof has been
served upon or mailed through the post office to the
mayor, reeve, or other head of the corporation, or to
the clerk of the municipality within thirty days after
the happening of the accident, when the action is
against a township, and within seven days when the
action is against a city, town or incorporated village j
and provided also that in case of the death of the
person by whom the damages have been sustained
the want of notice shall be no bar to the maintenance
of the action.

LICENSING LIVERY STABLES.

Municipal Act Sec. 436.

The Board of Commissioners of Police shall in cities
regulate and license the owners of livery stables, and
of horses, cabs, carriages, carts, trucks, sleighs, omni-
busses and other vehicles regularly used for hire within
the said city whether such owners are resident or
non-resident therein.

i^ee 479.

The council of every county, township, city, town
and incorporated villa^t may pass by-laws (4) for
regulating or preventing the encumbering, injuring
or fouling, by animals, vehicles, vessels or other means,
of any public wharf, dock, slip, drain, sewer, shore*
bay, harbour, river or water. (14) For regulating the

driving and riding^ cf horses and other cattle" on high-
ways and public bridges, and. preventing racing, im-
n:oderate or dangerous driving' or riding thereon.

FAST DRIVING ON STREETS.

59 V.C. 51 S. 32.

In cities of over 100,000 inhabitants, the Council
thereof may by by-law set apart a street or streets on
which horses may be driven or ridden more rapidly
than is permitted upon the other streets of the city, and
may from time to time pass by-laws for regulating and
governing tht use of such streets for the aforesaid
purposes. But if a majority of the property owners
on any such street petition against such by-law it shall
be repealed.

FINES AND PENALTIES.

Sections 420— 423a ; 479, (17.19); 482.

Just a

Few Words....

»€€€€6««6««-

^**^ Advocate
Printing Co.,

734 Queen
Street East

«b

Have a well equipped plant of Type

and Presses, and are prepared to do

every description of printing in the

most np-to-dat£ style. I

•« •« •*

Book and Catalogue Work

Our Specialty.

Copies of Public Travel can be obtained
at the Advocatk Offliie.

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Victoria Parle

>*-»~0-*— -

Situated on Lake Shore adjacent
to Toronto City Limits at terminus
of Electric Street Railway.

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Boating, Bath in

Donkey Races,

Acrobatic • flonkeys,

Swings,

nerry Go Round,

And Ottier Amusements

Dancing, Wednesdays
and Saturdays.

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Pure Spring Water,

Pure Air, Balmy Breezes.

RRST-CLASS RESTAURANT.

Qardiner Bros., Leeses.

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