IMAGE EVALUATION TEST TARGET (MT-3) V /. Q^ :a fA % 1.0 I.I 1.25 If 1^ M IIIM 1.8 iA III 1.6 ^^ ^^ m.. W "^ % ^ ' (meaning "CON- TINUED "), or the symbol V (meaning "END"), whichever applies. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUIVRE", ie symbole V signifie "FIN ". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmds d des taux Hp reduction diffdrents. Lorsque le docume'^ M trop grand pour §tre reproduit an un seul ciioh6, il est filmd d partir de Tangle supdrieur gauche, de gauche d droite, et OF/ haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 T'9SXl'l9"''.7MSfW-] EXTRACTS PROM THE MUNICIPAL AND ROAD ACTS. AND AGRICULTURAL ACTS OF LOWER CANADA RELATIVE TO THE DUTIES OF INSPECTORS OF ROADS, INSPECTOR OF FENCES AND DITCHES, AND POUND KEEPERS, INTENDET) AS A GJIDE FOR MUNICIPAL ObTICERS. Printed by order of the Municipal Council of Chailiani, C. K. !»?, PRINTED i)v John lovell* st. Nicholas street. 1867.% Ij PRICE, 35. CENTS. ^ #6" n ■"<9 i^ ^—ll 3 5 2.7 -^ C33 A EXTRACTS FROM TflE Mur AND ROAD ACTS, . AND AGRICULTURAL ACTS OF LOWER CANADA FENCES AND DITCnES, AXD POUXD KEEPERS INTENDED A8 A GUIDE FOK MUXICIPAL OFFICERS Printed by order of the Municipal Council of Chatham, c. E. ^Hotttrrnl: PnrxTED BY jorix lovell, st. Nicholas street 18G7. PRICE, 85 CENTS, 1 I GUIDE FOR MUNICIPAL OFFICERS. INTERrRETATION. Section 5, Sub-Section 8. The term " hoi] r^minr.:i" »,.„ ^i ^•ipal council of a local municipality "' "'''"' *^' "^"^"i- ^^ Suk 11. The term " local councillor" means a member of a local f^etln span.'"" " ^'"''^'' '"''''=" " '''''''' ^"^ '^^^^^ ^^ ^^re than eight cossLl'l/'™.- ' ^:'' ", "''"•' "^*^ *^"'^ ^ ''^^ -^f '""'' i" anv ran^e or con- l«_oo.yomt„, and includes ill buUdin^ a^d^'olh:; Z^^i::^ 1|J. The term " public notice" moans a notice, -ivon or to bo crivnn f. any bj-Jaw pa.,,od by any such council, for the purpose of hiformin- Hm 01 uny ai.pou,tment or of any other fact, or of re, uh n-^ him no "o ir ! to attend or be present at any particular place or for' any otheT object^ NOTICES UXDER THIS ACT. PUBLIC NOTICE. 2. The person reiiuired to -ive such notice shall cause the same to bo i ra^m up and sha 1 give it in the Englisli and French Ian ' ua^'? V^.J lie use of either of tbe said languages be dispensed with in tfe nrmer heremafter pron.led (Section LI), and then in the -no of th said 1 . guages winch should be used. '^ '^ '^"'" Cf'/ / (^i- 3. After signin;^ it, he sliall [luMish it l)y causing; a true copy tlierof certified by him to be jiostcd up on the front-door fif at least one church or ciiai)cl, or otlier jiliice of fiuhlic worsliip, if any tlicre be,— and whether there be or bo not any jilace of ]»ublic worship, at some otlier place of public resort in the local municipality or in each of the local municipalities to the inliabitants of which such notice is addressed ; and every local council may from time to time, by-law indicate and determine the place where such publication shall be made as such place of public resort ; and the secretary-treasurer of the local council shall give sjjecial notice to die secretary-treasurer of the county council of every such l)y-law ^vitliin ei"ht days from the date thereof. " 4. If such notice be given within tlio limits of a parish, the person rerjuired to give the same shall cause it to bo read at the door of every such church or cFiapel at the issue of Divine service in the forenoon, if any such service bo celelirated on the Sunday next following the dav'in which the same was published by posting as aforesaid. 5. If such notice be for the purpose of announcing a public mcctin" or the future adoption of any pr(»cceding under this Act, the pcr.'^on reciuTred to give it shall specify therein the day, hour, and place, at which sucli public meeting is to be held, and the purpose or purposes for which it is convened, or the day, hour, and i)lace, at which sucli proceedinf^s is to be bad. ° 0. And every such notice shall be published by posting a copy thereof, as aforesaid at least seven clear days before the day appomted for such' public meeting or proceeding. SPECIAL NOTICE. Section 7. Every special notice shall bo given in tlic manner followiiv^, that is to say : '^' 2. The person recjuired to give such notice shall cause it to be drawn up ill the language of the person to whom it is addressed, if such language be the Knglish or the French ; or if it be any other language, then in either the r!:ngHsh or the French language, and after having signed it shall servo it on the person to whom it is addressed, by causing a true copy thereof to be delivered to him personally, or left with some grown person at liis domicile. 3. And in every such special notice the person required to give the same shall mention distinctly the fact intended to be communicated to the person to whom it is addressed, the time and place he is re(juired to attend or be present or such other object as the notice is given for. J CERTIFICATE. Section. 9. The person required to give any notice, whether it be a public or a special notice, shall cause a certificate or certificates of the publication or service of such notice to be annexed to, or endorsed upon the original notice, stating distinctly tlic manner in which, and the time or times, and place or places at which the same was so published or served. 2. The truth of the facts stated in every such certificate shall be attested on oath by the })erson making the same, and the person required to give such notice shall deliver the original notice with such certificate or certificates to the socrctarv-trf^nsjnmi. rfti .vl,icl, i, volato.,a„Jtl,: Sr™„;^'in'L'1lf ""''''-' llic rc-ror(l9..fHio council ' 'n-Jurcr shall Mo the mm amoji-it thin, or things ro,uiro.l b/ si " J^.f f ;];.^;^,^^1^-'««^J J^ the ac.pure.1 a knowledge of the tenor or ol^t the^^f. ^'^'' '^^''''^'' SECOND PART. ROADS, liUri,GE,S, AND OTHKll rCBLIC WORKS. Ciassijioation and General Provwom applicable to them '"I'ahitant. ofanv portion thore'r ^ ''^ municipality or of the .^:'' W Tl ^"'■'^*;'; •^'=*''"r^»i«''^J as front-roads and by-roads ' rangel;^^:;SCa n,l!;ri^tn^^ 1^ --'l^ot; in any to the other in front or rear thereof. ' '''"=' «'• concession th;ioJ:^:::j^St :;L^z,t:,sSdrr ' ^^-^^^-^^^ ^^' beinl on fr U r^ds L t n? ' ^T '''V '''^ •^" ^^^^^^^ ^-'^^s no other road lo be ^ by-^ad. ^ ''""'^^ '"^^^' ^^ ^•''^^^•^'"^'«"' J^'^'are any road o^WMfir ':| ;;:^3!r •"'^^? ^^ r---- - «- front, it is the fror/t-road o the r n^o o i '' '"''''''" ^'■?"'-''''"'^' "' ^'^''^^^ ^a*^' i.. i^'^vr^™-' '' F' '"'■""^^^ """^"'^'■ 'en-th to carry off the wafo,- • n n 1 '^^^f , '\'' "^ the direction of its ;^.ad at all pl^^vtSlr^rli^^i^^f ,^--^^- --- ^'- the water from one ditch to the other S, •{ ^'^'^^'y^ Passage of held to be part of the road ' " '^'''^''' '"^^ '■^^"^•"^ ^^''^^ ''^ 14. Ditchofl may be disnenscd ^ith, or ma.lc loss wi.lt], than is al.nrr. P .vulcl ,f the nature of tL ground rcmlers it advisable, an 1 if ti go ordered hy any i,rurrH-v,rlal or l.y-laT\. ^^ 15 If, in order to convey the water from offany roa.l, it is doomed ncoo. ^nry to make any water-course ur,on or throu-di the I-ind o f o^,? I such nece^ity shall he declared hy the y."d;WW^ t^^ ::SXS:.:S;^ -l --ntainin, .4 water-course J^Z ^' U.^ to le"n^de'^|KM?; 77 "^'"'' ^""'^J such water-course has been .lirocted ro ot made sli.ill allou the same, and shall aL^. allow free access theroto for the r,ur,,osc of makm. and maintaining it; beir,. firsrco , -nsa f ho^^has^^not beloro received comi^ensation) in tlie mannel-'herSnafi;' 17 No council shall direct the demolition of a mill-dam on the cround ]H./ihe ground oecupied by any road shall bo rested in the loonl nmn,ei,.ahty ,n wluch it lies, and such road may bo d s ontinuo or ks position in any part may bo altered by ProcrlverM IT^^\Z otherwise alienated; and whenever a ric/ is diJc^!^; Je ^ VSl^ Z the i.roporty of such person: or if the land on each side belongs to wn diff^^rent owners then half the breadth of the roa.l sh d be omolh^ o perty of each of them unless one of them has furnisho.l Ian 1 Wa oa. in h"l!;!o;:r;^ '"* " discontinued, in which case the whole ^haU li^^on" WIxVTER ROADS. Section 42. On or bof.)ro the first d.w of Docombor In ..n^ oyory owner or occupant of land shall lako-^or causT to bo Hi-! i •^'''"'" within twonty-four iichos .,f the -'m n d Vknvh?" oolv ^'^''." ,^«^"» '^ mfscM n V In ' • "'"'7 -r^"' ""'*^^'' ^''^' 1"'-^'^ <^"'"icil shall have passed a by-law Imng other pcruxls for takin- ,hnvn an.l renhein^r S -h encos, or for dispensing with the removal of the same, rdlW^ the^parties bound to keep up the roads shall take down' and ropkc^'.^'h ^oni ^Z^lS::^''' ^"^ - -^^^ I^'-- - '^^ '-rectors shall 3. They may be laid out and carried through any field or anv enclo-,] ground except such as are uscl as orcharcfs, gardens, or yaJds?ol^^^^^^^^ I n is a^ovc if it is so ncfl ncof-3- ly person, law which art of the n (lirocted ^is thereto iisateil ( if crcinafter 10 grouml t to erect 't theri'of .'tcrmiiicd the local '"i<'il'alities, and under the io inH /l '^^^^ ^^ / '•f '"^t'^ municipalities! ^^'""^ '^''''^""' '^ ^^'^ inspectors of both niay'-bP'mE^l^^tdrtS ^r^^t;'"" ''^l ^^ r'^^ ^^ track on one side ther of fo "'ehtlS Jn. i, T' •"/''^""^l^"^^ ^^nd a "ther for those -'oin- in the oml to .llw "', "ruction, and on the »■ «■„„,, „o.,r,s ,„B TO „E MADE A.D MAI.VTA«EI. « THE ABSEVCC OF I"*...d to make or ,'om 1„ Tn" "'-•™1«"« »f any lot sl.all „„( bo lot, uuloss s„d, U r,^„r an t irtv , ■" "r'' "," '1'° ■"■'•■"-'"' "f '''■'1> o...cror occ„a,. -li^l^C'S t^"::? j^Slu t'tlS 8 shall, on the application of such owner or such occupant, declare which of such tront-roads shall be made and maintained by him, and the other or others shall be made and maintained as a bj-road. . ^- '-''^'^ ft-ont-road of any lot shall be that designated or intended as such m the original title, or which appears to be such front by the roads ' lid down on the original plan if the h.t is in a township ; altliough the own.r of tne lot has placed lus builaings or dwelling-houses on some other part of the lot, and even although the concession line should form the boundary between two municipalities or parishes. ' " 4. Every ford and every public bridge shall be made or maintained bv all the owners or occupants of lots in the parish or township on the front- road upon which such ford or bridge is situated. 5. Every by-road shall be made and maintained by the owners or occupants of the lots in the concession to which it leads from a front or older concession, in proportion to the value of the lots so occupied by them 0. Every by-madleading exclusively to a mill ferry or toll brid-e shall be made and maintained by the occupant of such mill ferry or tolfbrid-c^ ;. J^ront-roads on ungranted lands of the crown shall be made alid maintained as by-roads. 10._ The burden of proving tl at anyroad is not subject to the fore^'oin- provisions shall always be upon the party claiming exemption from them. ° OLD " PROCES-VERBALS," BY-LAWS, AND REPARTITIONS. Section 44 Ever j pro ee s-verbal, by-law, or order touching any road, bridge, or water-course in force on the first day of .July, one thousand eight hundred and fifty-five, and not since repealed, shall 'remain in full torce until it be repealed or altered by competent authority. ^Jf..tV'^'''^''T''i ''^'7 '""'^ ^''''"'^ ^''^ persons jointly bounrl to Inn 1 • T'' ^'^' -f f'^'"' :"^^ "^ ^'''' '^'^ ^^''^ '^'"^'^^'^ mentioned. S Tl f '? ™^',' *'*' expiration of the time for which it was made, unless It has boon altered, or until it be altered unde" this Act anullod ',X!rl' ^'''f-'":^f^ '^y-I^^^v, or order, as aforesaid, may be ^£^7Si^Z. ''"^' '' ^^----^''^ or by-law made unde/the POWERS AND DUTIES OF ROAD OFFICES. Section 48. All municipal works of which a proc.',..,rl>al has been homologated as _ aforesaid, shall be executed, miintained, and ilpa underthe dn^ection of the proper councilor of the road inspector Jo lie municipal officers in the manner prescribed by this Act i.. The special superintendent appointed fJr tln.t purpose by the proper council, 01- the inspector of ruads, or any surveyor or person IcZl S!l^\''r ""^ "' T'''r '^-^ '^""' ''''y ^"^*^'' i'' ^I'<^ ^'^y time, upon he lands of any person, whether occupied or unoccupie.l, enclosed or unenclosed, for the purpose of making a survey for anyroad: and nu"y also enter upon any ui.occupied land for the purpose of seaVching for timber .one, or other materials for making or repairing any road, or "any brid-^e 01 work therewith eonnecte and makmg compensation only for actual damage done ; and such officer or person need not give any notice whatever before entenng upon any land for any of the purposes above specified. ^ ^ i;^e, shall 1 bridge?, .ade and 9 thereafter as mav be ilcclnr,- «„,.,, i."° "* ''"' ''^ *''•''" "' s»»n 1.0 Lciiovos to be the danar.W t f 7° J"?"'" "' "'" P™"" "■!'« moneys required for tch ,, ",",? "''"" '" """"-^ ''^ »=^«'^^">°'" »» "'lor of the,,, i„ lite „a„„er asCvflrf :,,!'' ,7'"'?'''''''^ "I ""^ ['™ j'ubiie ,vork, au.l their award or Tl°d7oFZvl^lfl ! " "'"^ " °"'"' be.a,,,„inted,i„ their .tead as herd^ft Z*d h U'S™ " "■"■' shall ',s,i";st it dS-'-rr'''^; ■■»' *- '» » to,.,.hi,, ■.ot, eaL to be need at ! ' • ^ "'° °""""' ''"' » »'*■•"' »' during the rf.ole se,sl ' Ld n'T'"? "i T''^' ""'«'■■ °-"l -"aintained dista,rees of „ „ Ta„ f^ ™* ^^^^^^^ U-onty.6,, feet i„ length a, double traek shall b.' se^rlS ^SLs ""' ""'""■• ""'' ^'"^ ^""^l' over f;d'e2;:re«rr;:!tdt'irr ™:""""^ "■» ™'-"- *»" P--' of the notes he has'^m'de a , f, "■"? ™''"'"' ^'""""o' the sub'stanee last re,,ort. "'" "''«™'at.ou he has obtained since his UELATIVE TO THE OBSTKBCTIOS OF PUDUC WOUJCS in oithcr case the frco m. ", f ' ""l^" '"'•>' ''^'^'-^'" ^^^ ^^'J»*-^''<^'^v 10 course of some duly authori-.od work upon tlio roaroa>( fade evidence of sucli tacts, and d not controverted shall be sufficient to m'aintain the claims ana aenuinds of the municipality, or of such inspector. 8. In either case last above mentioned, the Dorson in default shall not be liable to a penalty, but the twenty per cent, aoove mentioned shall stand instead thereof. 9. The actual occupant of any lot shall always bo liable for the work or contribution assigned to such lot, and for one year's arrears thereof savmg Ins recourse (if any) against any previous occupant or against the owner of the lot, or any other person ;— And if any lot be divided after the making of the jjroch verbal, or there be from any other cause more tlian one occupant thereof, they sliall be jointly and severally liable, savin"' to each his recourse against the others, ° u 10. Every person shall he liahle for all dama^^es arising for the non-per- forrnance o .vork he is hound to j.orform, and if any persons are ,-ointlv and severalyso hound they shall he jointly and severally liahlo! "^ "^ 11. P.ach inspector shall from time to time report to the council of his division the arrears of lahour and materials remaining unperformed an I undelivered m his division, and of penalties remaining^unpaid, specifying the lands in respect ot .vuch the sums are due, the owners or occupants ol such lands if known and the value in money of such materials de^ vered at the place where hey ought to have been delivered by the per ^s hi default ;-And it shall be the duty of the inspector to sue for and remove - llLoiriiable """" ''' ""'"^ '"'"^•''^'' "'« '"-'-I-l'^y f-r tl" AVORKS BY CONTRACT. n.. vr^i"? ''^'i ^* °'"^ '" ^''■^'?'^ ^y (inyproces verbal, or by any by-law or reso ution, by any munici,)al council, that any work shall be submitted to pub he com,,etition lor a fixed price in money, or partly in mo e an partly ),y means of materia sand day's labour or eithir, to I.e fur h^d W the persons bound to contribute to such work. "^ rnfl';/'''?"' ^T'^^T" ""■ o''^'^"""^' tenders, tlie proper council shall cause public notice to be given speciiying clearly the Vork to be so 'iven out and the day .n or until which ten.lers for the performanee thereof w. 1 be received ; and sucli notice shall be given in one or more neU'ners published in the county or the district in which it is situate ; or i tl X no ncAv^paper published therein, in an adjoining county or distric -i. Ihe contract for the said work shall be adjudged to th^ person endcnng for the owest price and on the most favouraUe terms rovke treof ''"^"'""' '"^ ^""■■^ '''' ^^^^""^^ ^-^'l-^-^^^ f«^- «^e 'execution 4. Every such contract shall be entered into with the proper Council m the name of the municipality, and shall be accepted by d e d itf ofScer of, or ry any other person specially authori2ed by inch cmincil m ;;iet:?^^:iS;1[ i^^Sf '' ''"''"°^" -ei^ mumcipanty interested FOURTH PART. PEyALTIEF. Section 62 Every person who, being elected or appoinf^d to anv offip.. mentioned m thefollowing lists, and noti.eing exempted by law aXati ng such exemptioii, refuses, or neglects to a^^^^ept silch ofike^^ S pj^^ ho duties tLerc...f, during any portion of the period for wh ch hj was so ecte.1 or ai-p-nnted, shall incur the penalty mentioned in such list opposi o the^name or designation of such office, that is to sav • ^ ^ - Ulionever the valuators of a local municipality neglect to make thr^ valuation iur which they are required to make undc.f thl^Act-orne d^^^^^ o' :^-:;^;.y Se:;:; :;^''f H 'r" 'f'^^'^vf --^--^-^h vi^^Cn • nd tl,o fir ? 1 r ^'" '"'' ''""''"''' '^^^^^"^"^ ^^'^ fi^-'^t day of June, .>"'! the fii.t day of August m the years in which such valuation "d! u ii required to bo made— every such valuator shall incur a penalty of two, dollars for each day which elapses between the cx[)iration of the said period of two months and the day upon which such valuation roll is so delivered or upon which their successors in office are appointed. 3. Every member of any municipal council, every officer appointed bysuch council, every justice of the peace, and every other person who refuses or ne^dects to do any act, or perform any duty required of or imposed upon him by this Act, shall incur a penalty not exceedijig twenty dollars, and not less than four dollars. 5. Every person who votes at any election of municipal councillors with- out having, at the time of giving his vote at such election, the (pialification by law required to entitle him to vote at such election, shall incur a penalty of twenty dollars. 0. Every inspector of roads who refuses, or neglects to perform any dutv assigned to him by this Act, or to obey any lawful order of any municipal council, OT special superintendent, shall for each day on which such oifence is commited or continues, incur a peu.'dty of not more than five, nor loss tlian two dollars, unless some other and heavier penalty is by law imposed on him for such offence. 7. Every person who refuses or neglects to obey any lawful order of any special _ superhitendent and inspector of roads, or other municipal olficer, relating to anything dune or to be done under tlie authority of this Act, shall incur a jtenalty " e ^ u^ '^^'H;;; eacesittn,^' m the munioipab-ty, or in any adioinin^r municir it/ n It; 3, The socrotary-treasurer of tho local mimicif.ality in which .such suit 13 brought, shall ex-o1jido be clerk to the justice of the peace in such suit, unless the justice afipoiiits auf.ther clerk uii'iler the next following paragraph^ and shall keep in a faithful and correct manner a separate register, in '.vhich he shall enter the judgments of the justices of the peace in''all such suits ; and the summons and every other proceeding relating to such suit shall remain of record in his office. ° ' 4. Any justice of the peace may appoint his owp clerk in any such suit, hilt every clerk so appointed, shall within three '\ vs after the date of the judgment rendered in any such suit transmit to the secretary-treasurer of the local municipality a duly certified copy of the proceedings therein, and every such clerk sliall be deemed to be a municipal officer in so far a» relates to the duties imposed upon him by this Act. o. On the day of the return of the summons, and at every other stao'o of tlie proceedings thereon, the justice of the peace who signed the summons ■shall have the right to sit in the case in preference to, and to the exclusion of any other justice of the peace jiresent. 0. There shall be an interval of at least three clear days between the day of the service of the summons and the day of the return thereof. 7. Every such suit shall be decided upon the oath of any municipal councillor, or of any inspector or other municipal officev, or of any other credible witness. 8. Every suit brought for the recovery of penalties under this Act, must be commenced within six months of the day on which such penalty was incurred, and all penalties paid either before or after such suit as afore- said, shall belong one half to the municipality, with referrice to which, or to the infraction of the by.laws of which such suit is broug.it, and the ot'her half to the prosecutor, unless such suit is instituted by the order of any municipal council or by any of its officers, in which case the whole of the penalty shall belong to such municipality. I I SUITS UNDER THIS ACT A\D DECLARATORY, TEMPORARY, AXD SPECIAL PROVISIONS. Section 64. Every person of the age of twenty-one years lias and shall have a right to institute any prosecution authorised bv the provisions of this Act. 2nd. Every municipality may be sued for any neglect in making or maintaining roads, bridges, or other public works, as re(iuired by this 7\.ct, or any other Act concerning municipal affairs, saving any legal recourse it may have against its officers and all other persons. 'ctth_. Any person who on the refpiisition or with the sanction of any municipal authority, road officer, or court of justice, has or shall have i)er- formed, or paid for the performance of any public work requireil by law, to be done in any municipality, has and shall have a right to recover from the person or persons bound by law, to perform such work, or from the municipality before any court having competent jurisdiction, the value of such Avork with interest ..t the rate of six per centum from the time of completing such work, or of paying for the same. IT I APPEALS. FROM LOCAL TO COLMY COUNCILS. Section GO. Whenever a majority of the persr.ns interested, if they be less than t n m number, and M-her. any number not less than five of the assessab e nihabitants of a oca mvnneipaHty .lo, uithin fifteen days after tl.e homolo gat.on ot any valuation roll ov pwccs verlnl, or after the ex . ra ion rJ t w^ period .v.tlun uhioh sueh valuation roll or proecs ..V^is £"" o revised and homologated by a loeal eouneil, ..r .vithin fifteen day after t h t^pubheation of any by-law passed by the couneil of such hfcaCm d- pahty, file ni the office of any county council a petition in appeal waving br he revision or amendment of such vah.atioilroll or inZ^^vM^^ ior the amendment or disallowance of such by-law, and^sett n. foVt htl e grounds or reasons for which sueh revision, amendment or d aflowa o ' ( 0. nty Council, and give public notice of such special session, and every FORMS. Section 71. The forms given in the Schedule to this Act shall suffico effe t'sl^d?^'''' ^" '"'^ 'i'"^ ''' ■^'^'^'"- '-^ -'^' other form Ihk effect shal be sufhcient, and any form sliall be sufficient for such purno es or any under this Act if according to the .ordinary constructiui of U e hn guage the purport and intent thereof can be i.».? //./-M.iKlerstoLl f om the words used ; and no unnecessary or irrelevant allegations or ex, -essions in any such form shall affect the validity thereof, if"by passii Al em over as mere surplusage, the remainder can be made to bea/ the sei i^e re uired • tt'hS tXtSe"? ""'"f ^' '^ ^^^^ Interpretation Act, aildt S^J Act bJia 1 apply to the forms here given, and to any other such form as aforesaid as to the a legations, statements, orders, or direct ois .u-ein contained, and no objections of mere form shall be allowed to revail wouia He done by not allowing such objection. B \ i CAP. XXVI. AN ACT RESPECTING ABUSES PREJUDICIAL TO AGRICULTURE. Ilcr Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : I. This Act shall not aff;;ct the powers and duties of the Municipal Councils, whether local or County, excepting in so far only as herein ex- pressly provided. DAMAGES BY TRESPASS ON THE PROPERTY OF OTHERS. II. Except in the discharge of any duty imposed by law, no person shall enter upon or pass over the land of another without permission of the owner or his representative, on pain of incurring a fine of not less than one, nor more than six dollars: 2. It shall bo lawful, nevertheless, to make use of any navigable or floatiblc river or water-course, and the banks thereof, for the conveyance of all kinds of lumber, and for the passage of all boats, ferries and canoes, subject to the charge of repairing, as soon as possible, all damages result- ing from the exercise of such right, and all fences, drains or ditches so damaged ; ■J. The proprietor, or his representative or servant, may arrest without warrant any person in the act of contravening this section, and bring him furthwith before a Justice of the Teacc. 20 V. c. 40, s. 2. III. Any person who, during the day, upon the property of any other person, leaves any gate open, takes down, cuts, breaks, removes or dam- ages any fence, cuts or destroys any hedge, cuts, shatters, breaks down, removes or damages, any tree, shrub, or plant, removes any canoe, craft, ferry or boat fi'om the bank of any river or other place, or burns or irmovos from sucli property, any wood, shall incur a penalty of not less than one nor more than six dollars ; if such offence be committed during the night, the penalty shall bo doubled ; and whether the offence bo com- mitted by day or by night, the offender may be condemned to the payment of damages ; 2. Any person who has pulled down or removed any part of a fence, or who is foiuid upon any land, highway or road, having in his possession any part of the materials of any fence, may be arrested Avithout anv warrant either by the owner or one of his servants, or by any person cognizant of 20 the offence, and ln-niifrht licforc any Justice of the Tcaco, who may imjiriiion him with a view to further exiuninntiou, fur any iieriod not excco(hn;^ twentv-fonr hours, or aihnit him to hail if he can furni.sh it to the satisfac- tion ot" the Justice of tlie I'eiice ; 3. The {.erson so arrested may, however, arran;:e witli the jirojirietor or comi)hninant, and may lie diseharged u]ion jiayment of all costs, damages and ficnalties theretofore incurred. Ibul, s. :'. IV. If the jierson contravenin.ir the jirovisions of this Act is a stranger, or has no real property in the Tarish or Township, and has no means of paying the fine, damages and C'ists of conviction, the -Justice of the Peace may order that the defendant he confuted in a ]ilace of security until the return of the "Writ of seizure, or until he shall ]>roduce sufficient security, as jirovided ly section sixty of chapter one hundred and three of the Con- solidated fcftatutes of Canada. Ibid, S. 4i. KAMACJES CAUSED liY ANIMALS. V. No person shall jienuit any horse, mule, horned cattle, sliecp, goat, pig, fowl, or other animal belonging to him to stray ujion the property of another, without the jiermission of the owner or tenant thereof; nor on the bank of any stream, nor or any public road or place, under the following penalties : •S cts. For each Stallion not under two years of age, not less than *o, nor more than . 10 OU " '• Bull, boar, or ram not less than $1 nor more than 4 00 " " Gelding, marc, ox, cow, or hog. . . 00 20 " '• Colt, filiy, calf, or goat 00 20 " " Sheep 00 10 " " Goose, duck, turkey, or other poultry 00 5 And such penalties shall Itc doubled for the second or any subsequent offence, whether any arrangement has or has not been cume to between the parties, or judgment has or has not been rendered with regard to any prior offence. 20 Y. c. -iO, s. o. YI. Any person Avho allows a pig to stray, without having ringed it, shall pay a fine of not less than one, nor more than two dollars. IliJ, s. G. YII. The owner or tenant of any land shall be responsible for damages caused by any animal he receives to pasture, as though such animal were his own property : 2. If the animal causes damage, the complainant may give verbal notice of his complaint by speaking to any reasonaldo person in any house built upon the land on which the animal is at pasture, — or at the domicile of the person who has received the animal to pastiu-e, by speaking to him per- sonally or to any reasonable member of his family. Knd, s. 7. YIII. Any person Avho has suffered damage l»y any horse, mule, cattle, poultry or other domestic animal, may make complaint thereof, before any Justice of the Peace, either for the damages only, or for the penalty and the damages together ; and if the Justice of the Peace shall be convinced t I It i Ibid, that nu (luma;:;o lias li^cn causotl (if the action is otily brought for ilama;,'os), he shall disnjios tho corriplaini aiul cornlomii the complainant to jiay costs : 2. Hilt if the action is hrought for both penalty and damages, ln> shall condemn the offender to costs, if any part iji such com[)laint bo well found- ed ; — but if the complaint is unfounded, except in so far as it relates to tho penalty, and costs have betn incurred to ascertain the damages, he shall only eoiidemn the offender to the costs of the complaint and the penalty, aiiil th complainant to the costs incurred to ascertain the damages ; 8. If the Justice has reason to believe that damage has been done, he .shall forthwith order the parties contesting, unless they forthwith arrange the matter in dispute between them in his jiresence, each to name an ex- pert, anl tho Justice himself shall appoint a third, and the two others also, if the parties refuse to name them ; The experts, if so named, shall proceed as soon as possible to ascertain the damages in the presence of tho parties, or in their aljsenco after having given them notice, and they shall report in writing to the Justice of tho Peace the conclusions arrived at by them in the matter ; 4. Tho Justice of the Peaco, after notifying tho parties, and having heard them if present, in favor of or against tho report, shall award to tho complainant the amount of damages set forth in tho report, with tho costs of report anil jirosccution, taxoil by such Justi 'e, and shall cause tho amount to bo raised in tho manner hereinafter prci oribod ; ■'). If, however, before making complaint to a Justice of the Peace, the party who has suffered the damages and tiie jiarty against whom complaint is laiil, voluntarily consent to abide by tho decision of expert n U be named by tiioniselves, the decision of such exprrtx shnll bo binding upon both ]»artie.-? ; IJut if tlie two experts, iv ca^o of their lioing of contrary opinions, are unable to agree as to the selection of a third, any Justice of the Peaco, upon tiie application of one of tho parties, may appoint a third expert ; 0. If tho party condemned neglects or refuses to pay tho sum fixed by the expe)ts, such party may bo sued by tlic person to whom s'.ich sum is paya'de or by h^j repi'jsentativc, before any Justice of tho Peace. 20 V. c. 40, s. 8. IX. Any owner or occupier of land, or his servant or representative, and any Inspector may seiij and impound 'vhero a public pound exists, or take and retain at his own jilaco of above, any animal ho finds wandering on his property or on a public road or jilace, or o:i the bank of any stream, ontil the owner of such auiiual has paid the fine, damages and costs im- posed l)y this Act, as the casj may be : 2. The jiersou wlio has confined sucli animal shall provide it with pro- per food, in sulfieicnt ([uautity, and give it water and take proper care of it under a penalty of forty cents for each day during which ho neglects to do so, bcsiiles the damages occasioned by such neglect ; — The said penalty and damages, if any, shall h 'lung to the owner of such animal, and may be recovered by him before a Justice of the Peace if tho person who has confined the aiimal does not pay them after being rei[uired so to do ; 3. if the owner of such animal is unknown to tlic person who has taken it in possession's such person shall give public notice on two consecu- tive Suiidays at tho door of the cluircli, in the parish or township, and 00 if there arc more churches than one, then at the door of the church which is nearest to the locality in Avhich the animal was seized, that such animal will be sold at such a time, hour and place unless the owner do, before that time, claim back his property ; ., ,r , r n 4. If the owner does not reclaim his property before the Monday tollow- inf the day on which the last notice is f^iven, and pay the fine, costs and damages, tie animal shall be sold on the said Monday by one of the Inspec- tors, who has been notified to that effect l)y the party seizing ; 5 But if the owner reclaims his animal at any time between the date ot the seizure and the Monday after the day on which the last notice has been given, he shall, in such case, be bound to pay the costs, and damages as well as the fine ; , , , i i ^ G. The Inspector shall receive the proceeds of the sale and thereout shall pay the tine, the costs of all kinds as estimated by a Justice of the Peace, and the damages, and shall remit the balance to the Secretary- Treasurer of the parish, township or village municipality in which the offence was committed, as the case may be ;— the municipality shall pay over such balance to the owner of the animal, if such owner becomes known to such municipality within one year ; but if not, shall retain the amount for the improvement of bridges, roads and works under its con- 7.' The Inspector shall render an account of the due application of the moneys arising out of the sale of the said animal to the Secretary of the parish, township or village i. unicipality in which the offence was committed, within thirty days after such sale, on pain of the fine imposed by this Act ; 8. Eat if the person so seizing any animal knows the owner thereot, lie shall give him notice of the seizure, as speedily as possible, and if such ownerdoes not reclaim his animal and pay the fine, damages and costs, as the case may be, within twenty-four hours, the case shall be dealt witli as provided by the second, third, fourth and fifth paragraphs of this section ; but if the sale of such animal do not realize sufficient to ])ay the penalty, damages and costs, as the case may be, the offender shall nevertheless be bound to pay any balance remaining due ; 9. In any case it sliall not be necessary to seize and confine any fowl ov other species of domestic poultry, In order to be entitled to claim damages, but only to prove by one credible witness, otiier tlian the complainant, that they have really caused the damage complained of ; nevertheless who- ever chooses to seize them may do so. 20 V. c. 40. s. *.'. X. The Inspector may, at the sale of any animal, refuse the offer or bid of any person who is unknown or insolvent, or a stranger in the parish or township i.i which tlie sale is made, unless he gives security to the satis- faction of the Inspector, of his ability to pay : 2. If after the sale of any animal the purchaser does not immediately pay the price, the Inspector may tbrthwith re-sell the animal, an(l so con- tinue to do until the price is jiaid, and shall only give up possession after such jiayineut; 3. Within one month from the day of sale the owner of any animal sold may reclaim it from the purchaser, provided he pay him at once ten piT cent, upon the purchase money, over a.id above all his disbursements, for purchase, keep, and other charges ; 23 4. But to entitle the owner to avail liirasolf of the next preceding para- ;;raph, he must be a stranger in the parish in wliich the animal is sold ; "^ ;■). If there be no bidder on the day fixed for the sale, the Inspector shall adjourn it to another day, and shall give public notice thereof. 20 V. c. 40, s. 10. XI. The owner (or his representative) of any animal confined by the keeper of any public pound, or by any person whomsoever, may demand delivery thereof between five o'clock in the morning and nine o'clock in the evening, upon payment, or legal tender to the keeper of the fine, damages and costs, and the keeper shall incur a penalty not exceeding two dollars for every day he shall afterwards unjustly detahi such animal, in addition to the damages thereby occasioned : 2. Any person Avho takes and conveys away any animal so impounded or detauied for damages it may have caused, or respecting which a complaint has been made, shall be liable to a penalty equal to the whole amount of the damages and penalty for which the proprietor of the animal was liable, and to a further fine of two dollars, or to be imprisoned for eight days, or both. '20 V. c. 40, s. 11. DO<;s. XII. Any Justice of the Peace,— upon a complaint made to_ him that a dog is vicious or supposed to be attacked by hydrophobia, that it is in the habit of attacking persons, or animals at large or in harness, without the limits of its master's property,— may, after hearing the parties in a summary manner, and if he is convinced that the complahit is well founded, con- demn the proprietor or possessor of such dog to cause it to be confined for a period of forty days, or may order that such dog be killed,— with costs acainst such owner ur possessor : "2. If the owner or possessor of sucli dog permits it to go at large, or fails to kill it. in contravention of tlie urder of the Justice, such owner or possessor shall incur a penalty of not more than one dollar per diem ; a. But if it is proved that the dog has bitten any person outside tho^ limits of its master's property, and that the dog is vicious, tlie Justice of the Peace shall condemn the owner or possessor to kill it ; 4. It shall nevertheless be lawful to kill any dog whicli, without tho limits of its master'a property, pursues or is known to pursue and strangh? ,,heop,— or to make a complaint to a Justice of the Peace, who shall con- demn the owner to kill such dug and to pay the costs, upon the testimony of one credible person, without prejudice to any claim for damages caused by the loss of the sheep. 20 V. c. 40, s. 12. UBSTUUl'TION? ll'ON LANDS. XIII. If any description of timber or wood of any kind l)e carried in any niai.ner whatever upon the beach of any lake or tloatihle or navigable stream or upon the land adjoining, and remains tliere until the first day of June, the owner or occupier of such, land or beach may then cause such timber to be hauled \\\> and deposited in a place of safety : 2. Such owner or occupier sliall then give public notice, that such tm\- bcr (describing the same and any marks thereon) has been found upon 24 his land or beach, that it is in such a place, and that if the expenses incurred for the publication of the notice andinhauhng the timber to such place, and the damages, if any, are not paid before such a day and before the sal:?, sueh timber will be publicly sold by an Inspector to the highest bidder ; 3. The proceeds of the sale shall be applied to the payment of all ex- penses and damages occasioned by such timber, and if there be an • surplus, it shall be handed over to the Secretary-Treasurer of the local municipality, in which the timber was found, and if there is no such municipahty, then to the Secretary-Treasurer of the county municipality, to form part of the funds in his hands, if, Avithin the period of one year from the sale of such timber, the surplus arising from such sale is not claimed by the owner of the timber or his representative. Ibid, s. 13. RIVERS AND STREAMS. XIV. Whoever throws into any river, rivulet, or water-course in Lower Canada, any slabs, bark, waste stuff", or other refuse of any saw-mill, (except saw-dust, or any stumps, roots, or waste timber, and allows the same to remain in and to obstruct such river, rivulet, or water-course, shall thereby incur a penalty not exceeding two dollars, and not less than one dollar, for every day during Avhich such obstruction remains therein after he is required by the party interested to remove the same, over and above all damages arising therefrom. G V. c 17. s. 1. FILTH. XV. Any person who deposits or causes to be deposited any filth or dead animal in any river, stream or water-course, or upon any public highway, or upon the property of another, sliall incur a penalty of four dollars, (without prejudice to any other damages,) recoverable upon the oath of the prosecutor and one cre the end that he may order that the said water-course be made, repaired and kept in order in the manner stated in the proces-verbal or agreement, or by municipal authority ; — and in any cases relating only to repairing and keeping a Avater-eoursc in order, it shall, for that purpose, be lawful to take an Inspector of the said Parish or Township, whether he be an interested party or not, the [irovisions of tho twentieth and twenty-first sec- tions of this Act to the contrary notwithstanding: 2. Any person who fails to obey the decision of the Inspector shall incur a penalty of forty cents for each day the work shall remain done after the delay fixed by the Inspector ; 3. The Inspector, upon the expiration of the specified delay, s.all, if required so to do, authorize the complainant to do or cause to be done the work which the Inspector has ordered, and the complainant shall be entitled to recover the cost of the said work and all his just expenses ; 4. If the jicrson condemned to do the work refuses or neglects to pay the amount, the same may be recovered in the manner hereinafter pri'- scribed in the thirty-fifth section of this Act. 20 V. c. 40, s. 10. XXI. Whenever it becomes necessary to open, deepen, enlarge or divide a water-course common to several lands, the work connected with have not been appointed and regulated by any p'och-vcrhal or agreement, or by municipal authority, the matter in dispute shall, on the rdiuisltion of one of the parties interested be adjusted by two disinterested Inspectors in the Parish or Township in which such work is to be done ; or 2. If there be no disinterested Inspector in the said Parish or Township, then by two disinterested Inspectors in a neighboring Parish or Township, and so' whenever the services of Inspectors arc rerpiired according to the provisions of this Act. 20 V. c. 40, s. 20. XXII. Any person interested in the opening of a water-course or tho widening thereof, or its division into several branches, may, if it crosses two or more Townships or Parishes, call u[ion a disinteresteil Inspectoi from each of the said Townships or Parishes to regulate and determine as to the makhi2of the said water-course or the widening thereof: I i 2. If the Inspectors are equally divided upon the matter in dispute, they may call in another disinterested Inspector, and if they are unable to agree as to the choice of such other disinterested Inspector, any Justice of the Peace shall appoint him upon the requisition of an interested party or of an Inspector, and the decision of the majority shall be final ; 3. The proceedings shall be carried on in the maimer and form prescribed for the establishment of a water-course in whicu but one Parish or Town- ship is interested ; and the same rule shall apply to the I'lOmologation of the procis-verhal. 20 V. c. 40, s. 21. XXIII. The Inspectors, upon the day and hour fixed upon, shall repair to the premises, accompanied oy the parties interested if they think proper to be tliere, and having ascertained the most suitable place for the water- course, shall give their decision and prepare a froces-verhal of their pro- ceedings, setting forth the work to be done, in what manner and by whom it is to be done and maiitained, with any other details they deem it advis- able to insert in the sm.^ prods-vcrhal : 2. The Inspectors shall enter in the proce s-verbal, a statement of the expenses incurred in the examination of the premises, the advertisements, and the drawing up of the proces-verbal ; 3. The said proccs-verbal must be an authentic and notarial deed, or before two witnesses, if thu Inspectors are unable to sign their names ; but if they are able to sign their names, it may be either a notarial deed, or drawn by the Inspectors thoraselves ; 4. An authentic copy of the said prods-verbal, if it is executed before notaries, or a duplicate thereof, when it is executed under the hands of the Inspectors, shall be deposited, on the day following that of the first notice, hi the following places : 5. With the Secretary-Treasurer of the Parish or Township Municipality in which the ss\^ proces-verbal is to be presented for liomologation ; G. If there be no such Parish or Townshij) Municipality, then with the School Secretary of the said parish or township ; and in either the one or the other place, the parties interested shall have access gratuitously to the said procea-vei'bal ; 7. It shall be the duty of the Secretary in whose office the said ^^rocei- vcrhal is deposited, to register the same and the apporLJonment of all tin- wurk relative to water-courses in the parish or township in which he resides, and to keep an index of these registers for the facilitating of searches ; 8. If there is neither a local nor a School Municipality in any Parish or township, tlien the deposit of procca-vcrbaux or apportionments shall be maile with the Secretary-Treasurer of the County Council. 20 Y. c. 40, s. 22. XXn'. The Inspectors, after having prepared their proces-verbal, shall give public notice to the parties interested, of the name of the Justice of the Peace before whom the said prods-verbal is to be presented for homo- logation, so that they may be enabled to be present at the place and hour and upon the day fixed in the notice to urge their objections'thereto (if any) before the said Justice of the Peace : 2. The Inspectors may have the said proces-verbal from the person with whom it IS deposited in order to be homologated, provided they return it iiiiiiiediatfiy afturwurds ; 2S 3. In any case the imcis-vcrhai shall not be iiomulo.^^ated until the tenth day after the day upon which the first notice Avas given ; 4. As" soon as the said proces-vcrhal\^ homolo.^ated, a certified copy thereof shall be given bv the person charged with the registration thereof under this Act, to the senior in age of the Inspectors who prepared it, that he may cause the work therein mentioned to be performed : 5. If, however, the proccx-vcrbal relates to several ] arishes or townships, a copy thereof shall bo given to the Inspector of each parish or township, because in that case the work will bo conducted by each Inspector m his own parish ; p . i, ? 6. Each of the Inspectors shall cause his copy of the proces-verm as well as the apportionment of the work on the water-course in f(iicstion,_ to be registered by the Secretary-Treasurer of the parish or township m which ho resides, and this at the cost of the parties interested in such water- course ; ...,.,> 7. The said Inspector shall grant communication of the said proccs-ver- hal to all persons interested therein, roccs-verhal shall not affect any other property than that affec- ted by the proces-vcrhal of the Inspectors ; 15. If, however, the experts cannot [irepare a now proces-verbal because they might doom \t to he tlieir duty to change the direction of the water- course, to apportion differently the work to bo done, or make any other change which might affect property which was not affected by the proccs- rerbal, of the Inspectors, they shall purely and simply annul the said pro- ces-verbal, and matters shall be in the same position as they were before the proees-verbal was made ; IG. In all cases, however, in which there is an a}ipeal from a procts- verbal, the Inspectors who prepared it may compel the jiarties at whose request they j)repared it, to appear and defend it, and to pay the costs and expenses thereof, if, through any fault of such i>arties, it be found defec- tive ; 17. If, however the proces-vcrbal is defective, through any negligence or partiality on the part of the Inspectors, then the Inspectors shall pay the cost and expenses thereof. -0 V. c 40, s. 24. XXYI. The Inspector shall determine the bridges required upon any public road to pass over the water-courses, and the sites upon which they arc to be built, and shall point out the hinds of the proprietors liable to complete and keep them in repair. llUi, s. 25. XXVII. The owner of any land higher than that of his neighbor shall not in any case be re(|uired by an Inspector to make or assist in making a water-course through his land of any greater depth than is necessary for draining his own laud : 2. The possessor or owner of any low or swampy land may make a water-course through the high land of his neighbor to drain his own, and may make use of any one already made, may deepen the same if it is not deep enough, and repair and keep the same in order, — at his own expense. 20 V. c. 40, s. 26. 80^ XXVIII Whoever o'jstructs any water-coursj or allows It to bo obstruct- ed' shall incur a penalty not exceeding one dollar for o , ery day such ob- structron remains after the expiration of two days from the t>me upon which he receives notice to remove the same ; .,.,., , i. i.- 2 Any person interested in the watcr-course in which the obstruction iB foundfshall give notice t. the person irt default and may recover the penalty with costs against such person. Ihd, s. -/. , XXIX Any person interested in a water-course may require the Inspec- tor to call a public meeting of the parties interested in the said water-course to decide whether the work appertaining thereto shall be performed by joint labor (corvees), by separate shares, or by contract : _ 2. The Inspector shall call the said meetmg by giving public notice thereof to tlie parties interested ; , , „ i • i i „<. • f^ 3 The maioV.ty of the interested parties present shall decide what is to be dene with respect to the apportionment of the work on such water- course, or part thereof, as the case may be, and may require the Inspec- tor to make or cause to be made an apportionment, in which shall be shewn the portion which each of the parties interested will have to pay in money '"'"r^'Thrsakr apportionment, before it goes into operation, shall be rati- fied "before a Justice of the Peace and amended if there be occasion there- for and the formalities fov the homologation of the said apportionment Rhall be the same as those prescribed for the homologation of the proces- yerJrt^or a water-course. Ihid.^rl'^. . ,, , ,• , , , „n XXX The Inspector shall give rabhc notice of the day which he sliall appoint for each person interested co perform his share of the work aocord- in-r to the tenor of the procex-verhal, whether such work is to be done in common or according to the apportionment made for that purpose : " Whosoever refuses or neglects to repair to the spot on the dav ap- pointed, and to perform his share of the work, shall incur a penalty ot forty cents, for each day during which he refuses or neglects to execute the orders of the Inspector ; „ . , i x. n .• 3 The Inspector, after the expiration of eight days from the time ap- pointed for beginning the work, may cause the work of any of the person who has neglected to perform it, to be done, and may recover the expenses with costs irom the party or parties in default ; ^. . , , , . 4 Upon the rcfpiisitioii of one or more of the parties interested in a water-course, the Local Municipality, whenever vcipiircd so to do, shall •ippoint a Trustee from among the parties interested m such water-course regulated by anv proces-vo-b,d or act of agreement or by municipal auUiority. to sec to the execution of the work relating to such water-course : . 81 LINE DITCHES. XXXI. The Inspector, upon the application of any owner or occupant of any land through which it is proposed to make a line ditch (fosse de U(f7ie), shall visit the place, command the performance of the necessary work, and determine how and by whom it shall be executed : 2. The Inspector, when required so to do by the proprietor or occupant of any land, shall inspect the ditch which separates the land of the party complaining from that of any other person, and determine whether the said ditch is sufficient for his use ; 3. If the Inspector declares the said ditch to be insufficient, he may order the person of whom complaint is made, to deepen, cleanse and repair the same within a delay which shall not exceed the time strictly necessary to perform the said Avork ; 4. If the Inspector finds that the lino ditch of the party complaining is equally insufficient, and if he is required so to do by the person of whom complaint is made, he shall immediately condemn the party complaining to deepen, cleanse or repair his line ditch within a delay which shall not ex- ceed the time strictly necessary ; 5. For each day upon which the said person fails to comply wiji the order of the Inspector^ he shall incur a penalty of forty cents for each arpent in lengtli of such ditch (any fraction being reckoned as a whole arpent) ; G. The Inspector, after the expirjition of the delay granted by him, may, if required so to do, authorize the complainant to perform or cause to be yierformed the work, the execution of which he has ordered, and such com- ])lainant alone shall be entitled to recover the costs of such work and all liis fair expenses, if the person condemned to do such work neglects or re- luses to pay the amount ; 7. In the townships in which lands have been set apart by government lor public line-roads {routes), the said lands shall be subject to the same provisions as lands belonging to private individuals ; 8. If a proprietor or occupant of cultivated land suffers from the over- flowing or flooding of such land, occasioned by tlie insufficiency of the ditch- es which his neighbor has upon any land in standing timber or brushwood, he may require the Inspector to visit the premises in question ; 0. iVfter his visit the Inspector may order, if it is necessary for the ])ur- poso of putting a stop to the said inundation or overflowing of water, that the necessary work be done either upon the lines or in any other part of the land in standing timber or brushwood ; 10. The power conferred by tiic two preceding paragraphs upon the Inspector shall only be exercised in so far as regards land in standing tim- ber or brushwood, and not otherwise ; 11. The establishment of a front road between two ranges or concessions shall in no respect alter the obligations between neighbors, when such road is entirely witliin one of the ranges or concessions ; 12. Whoever obstructs or allows to be obstructed in any manner what- soever, any line ditch, shall be liable to a penalty not exceeding one dollar for each dav such ditch is so obstructed. 20 V. c. 40, .s. 80. 82 LINK FENCES. XXXII. T'poii the rof|iilsitiou of an v jiroprietor or occupant of laud, the Inspector shall proceed to inspect the line which divides his land from that of liis neighhor, and on Avhich it is proposed to erect a new viitoi/en fence, and shall determine in wliat manner the said mito>)in work shall be done or apportioned, and shall prescribe the shortest possible delay for the execution thereof: 2. Upon a similar requisition, the Inspector shall further visit any fence separating tlio land of the complainant from that of his neighbor, aiid shall determine whether the said fence is sufficient ; 3. If he declares the same to be insufficient, he may order the person complained of to repair it within a delay which shall not exceed the time strictly necessary to do the said work ; 4. If the Inspector finds that the line fence of the complainant is equally insufficient, and if he is rocpiired so to do by the person comjtlaincd of, hc\shall immediately condemn the complainant to repair it within a delay Avhich shall not exceed tlie time strictly necessary ; 5. For each day during which the said party fails to conform to the order of the Inspector, he shall incur a ]jcnalty of forty cents for each arpcnt in length of such fence (any fraction being reckoned as a whole arj)ent) ; G. The Inspector, after the expiration of the delay, may. if re(|uired so to do, authorize the comjilainant to perform or cause to be performed, the work the execution of which he has ordered, and such complainant alone siiall be entitled to recovci \!ie costs of such worK and all his fair expenses, if the person condemned to do such work neglects or refuses to pay the amount ; 7. In the Townships in which lands have been set apar'; by Government for public line-roads [routes) the said lands shall be subj-ict to the same provisions as lands l)clonging to private individuals ; 8. The establishment of any front road between two ranges or conces- si/ns shall in no respect alter the obligations of one neighbor to another Avhen such road is entirely within one of the ranges or concessions. 20 V. c. 40, s. ai. XXXIII. When the matter in question relates to the making of a new fence or the repairing of one which is in such a state that the costs of re- pairing it wovdil be ecjual to that of a new uue, the Inspector shall not con- dei'u' the party against whom complaint is made unless the party complain- ing rioves that he gave the party complained against or the party usually acting in his behalf, special notice thereof licfore the first day of DecembeV next preceding such complairit : 2. If the party complained against does not reside within the Parish or Township, or has no known agent, or tenant, or party acting in his behalf, the complainant must prove that a notice was posted up at the door of some church in the parish or township in which the pro])erty is situate for four consecutive Sundays, during any time of the year preceding the first day of December then last past. Ibid, s. 32. 33 FEES AND RECOVERY OF COSTS. in e.|ual |,„rli„n l,y tl,o ,a,- i° i ton , n ^T^ '~"' '"■'^ "'"'" '"■■ P"''' or oa.isc.l it t.j 1,0 |x.if.,n„i.,l ■ "-'''"•"-'" 'V '» l"-'-'"™ U'cu- j.nnl labor ho *an 'St ',';ffl";„ I'i: ,t" f'r' "f™ •» «" » -"-oonrse, ro„ ,v„. advo,*o„uJ::\;:,::i;,;:; /:;; 7v;;;^ ^» - oxi,o,«.. i„ea.' in.i;| .l:s;: *«: tatt.±: .'™ "* "- "»- ^^ ™p- ontitld to ton rente PCI ,",,, h f " J^'f ''''""• '"= "''"'I "'"' '"= paM i;y tho no,.„„xJ:iivr>;o :;,;^^s;.' "-^ ^« ■— •. '» ^« ^4 ™;,J;i^afi;[; ii':.:£rto':,r j;it r'7 '■- --% the costs i.icim-cd for the cstiwSl .in ,, ,r 1" 7 ' '^"' "'° "-""""ory of «,I««-S„? has hccn Cl^S ° " «t»'-o«"sc, of „hich tI,o ^.ro- to .>; ^<^i'£:i:!Z^^^^t^:^:^fiJ''T'>'' ""-» """ amount which he daims fo^'SS o el j r, ,v t T't;','"'' ""= jurisdiction or l)ofore any Justice of tho P. ip^. if f 7 ^^'"t «t conpctcnt form such work negleots''or Teto t ^1; ic i' ■ n nr:;! ] """/^ '^ f*"'" may also bo rocoveT-ed in the nianner f rescued WhV' l '1' '"'"""* then in force in Lower Canada. 2< V c "o '^V^^' ''"'' ""^^ '^^^^^^^^^^ I: 84 ALTERATION OF A I'ROCES-VEUDAL. XXXVI Any i.arty interested in a p-orh-verla1 of a water-course dulVho.nologatea or ro-nlatea by act of agreement or l.v Municipal autho- rity, n.ay (letnan.l a cl.angc in or amendment to the saitl proces-verbal, ac of a''reement or Municiiial lly-law ; provided liis said demand be supported U tlie atlidavits of two of tlie parties interested in the water-course regula- ted by tlie pro'U's-v,.'ml, act of agreement or Mmiicipal lly-law sought to be amended, or by one alliduvit only, if such prucra-rn-ki/, act ol agree- ment or Municipal l?v-law only concerns two interested parties : •1 It shall be sufficient to state in the said affidavits that usetul or neces- sjirv changes may be made, (without specilyiiig or enumerating the said ehaimes,^ '^o entitle any of the ])arties interested to require a visit irom the Inspector to examine and decide upon the said changes ; 3 These affidavits shall be annexed to the new proors-ucr/xd iountled uron them ; and copies of these affidavits, certified by the person charged AYith the enregistration of the procvs-vo'hxl shall be sufficient proot before anv C.ii t of competent jurisdiction or before any Justice of the Peace ; "4 Any change in any jiruati-rrrhul shall be made by a second /'/vcrg- vrrixtJ, but not,1ioweveV, until all the formalities required for the making of a wGW proccs-vcrhal have been fulfilled ; f). r>v virtue of a new procei^-vrrlnd as aforesaid, any water-course may be divided if the water is too abundant for a single water-course, either by directing the water into a water-course already verbalised, or by causing it to fi>w ill any other direction, l/jid, s. 'do. COMPLAINTS. XXXVII. Any person making a complaint in virtue of this Act before a Justice of the Peace, shall make his declaration under oath, unless it is otherwise provided for by this Act, and the Justice of the Peace may issue his warrant or summons to appear against the person whom the complaint affects, ordering him to appear before him or any other Justice oi the Peace, aiid may render judgment in a summary manner upon the oat,h of one credible witness otlier than the party bringing the said complaint ; Pnnidecovered and made payable in the same manner as the penalties expressly fix<.d by this Act : 2. Any person condemned to pay a penalty or damages and costs, as the case may be, and who does not pay the same within eight days after judgment, shall bo punisluil)le liy im|irisonnient for a period not exceeding thirty days, if the {tarty has no goods, moveables or effects, and this fact lie proved to the satistaction of the Justice of the Peace by the return of the person charged with the warrant of distress {saisie execution) . Ibid, s. 3D. TIMLKU IN FORESTS. XLI. Any person found either in a forest reserved chiefly for fire- wood or for the makin*;; of sugar or for other purposes, or on any road in 36 U3 vicinity, in Lower Canada, and having m his possession any tree or part of Ttrce, Uo, on being thereunto reciuired by any person having a right of piope ty or the right to ,ut wood in any sueh fores , or part thereof, wheEdivided or undivided, or by any one acting on behalf of such per- son or by any keeper of such forest or part thereof, refuses to give a satis- fSorv account of the manner in which he became possessed of any such Se o^partof atree, maybe carried by the party interrogating him, beftre any Justice of the Peace, and if such person does not satisfy the Just ce tlfat he came lawfully by the saul tree or part of a tree, he shall on con'action by such Justice, forfeit and pay, oyer and above the value of such Tree or part uf a tree so found, any sum not exceeding eight dollars ; ami every s,fch fine shall form part of the ..aiding and jury fund for the distriot in which it is imposed : ^ . t i-i i 2 Tins section shall extend to any Indian Reserve m Lower Canada, and to any person purchasing either withm or without the limits of an Indian Reserve, any tree or part of a tree from an Indian, and to any Indian sell- ZZLml, and the Chief of any Tribe or any person authorized to take charge of a Reserve, or portion thereof, by competent authority, may act under the provisions of this section ; ,. ,■ r +i,-« a «f cl,all 3 The provisions of the four next preceding sections of this Act, shall not apply to complaints, suits and penalties urder this section. ^3 V. c. ^\lII. aJw person who knowingly takes a false oath in whatever case it may be, shall be liable to the pains and penalties provided by law for wilful and corrupt perjury. 20 V. c. 40, s. 40. MANNER OP GIVING PUBLIC OR SPECIAL NOTICE WHEN NOT OTHERWISE PROVIDED FOR BY THIS ACT. Public Notice. XLIII Whoever has to give public notice, shall, after having signed or attested it in the presence of two witnesses, cause it to be read and posted for two consecutive Sundays at the principal door of the parish church or chapel or other place of public worship in the parish or township, imme- diately after Divine service in the morning : 2. Such notice shall also be posted up in some frequented place m the parish or township ; „•„!,„„ 3 If the notice relates to work to be executed m two or more parishes or townships, the notice shall be given in each of such parishes or town- ships in the manner provided by the two next preceding paragraphs. Special Notice. XLIV Every special notice required by this Act shall be given during eight days, and eitlier in writing, or vivd voce before two witnesses, whose evidence shall be the proof of such notice : ^ , . 2 If the notice is given in writing, it shall not be necessary to adopt any particular form ; it shall suffice that the purport of the notice be set forth in an intelligible manner ; that the notice in all cases be dated;— and that it be attested before two witnesses or a notary, if the peraon givmg it be unable to sign it,— and that it mention the official capacity, it any, ot the signer. Ibid, s. 42. S' a V 37 INTERPRETATION. XLV. In this Act the word " land" (terrain) means also land "encrallv (terre) : ^ o j 2. The word '^ water-course " includes any " ditch," " drain " or " stream " in Avhich one or more persons are interested ; o. The word " inspector " means either " road inspector " or " inspector offences and ditches ;" 4. By the word " disinterested," shall be understood " who has no per- sonaHnterest or is under no obligation with respect to the work to be done, and is not related to or connected with any of the parties interested withm the third degree." 20 V. c. 40, s. 45. ' SHORT TITLE. XLVI. This Act shall be called the ■' Agricultural Act." Ibid, s. 44. CAP. XXX. AN ACT TO AMEND THE AGRICULTURAL ACT. [Assented to lSth3Iay,lSGl.'\ Whereas it i3 expedient to continue the ri<^ht of Appeal from Jutlgments rendered in virtue of the Agricultural Act, chapter twenty-six of the Con- solidated Statutes for Lower Canada, and to amend the said Act in the manner hereinafter provided : Therefore, Her jNIajesty, !»y and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follo\YS : APPEAL TO THE CIRCl'TT COURT. 1. An Appeal from any Judgment rendered in virtue of the Agricul- tural Act, or of this Act, may he hrought in the Circuit Court cither of the District or County in wliich the Judgment was rendered, or in any of the Counties adjacent to such County or District. 2. The Appeal shall be l)ronght in the manner following : No sucli Judgment shall be executory until the expiration of fifteen days after the date thereof; and in the course of the said fifteen days the party intending to appeal shall give a simple notice of his intention to the Justice or one of the Justices of the Peace, or to the Clerk of the said Justices of the Peace, or of the Court by which such Judgment was rendered. 8. "Within fifteen juridical days next after the rendering of the Judg- ment, the appellant sliall give security before the Clerk of the Court to which he intends appealing (by a surety who shall justify his sufficiency to the amimnt of at least one hundred (h-llars), that the appellant will eifec- tively prosecute the said appeal, and will satisfy the Judgment, and pay the damages and costs in case the appeal is not prosecuted, or the Judg- ment ajipealed from is confirmed. 4. The siu-ety shall justify his sufficiency upon oath before the said Clerk, who may make any examination or put .my question necessary for that purpose. .5. The security bond may be in the f)rm number one, annexed to this Act, or in any analogous form. 6. The clerk shall deliver a copy of the security bond to any one requir- ing the same, and any copy certified by him as a true copy, shall be authentic. 7. Within the said fifteen days the Appellant, after having given the security above prescribed, may obtain from the Clerk of the Circuit Court in which the A[)peal is brought, a Writ of Appeal in ilic English or French !• «,. : ^^•fyt.*lljy**<'J»».t't*"^ ■ 89 language, under tlie seal of the said Court (but the absence of such seal Bhall not invalidate the writ), signed by the said Clerk, and setting forth that the Appo lant deems himself aggrieved by the Judgment appealed irom, and ordering the Justice or Justices of the Peace or Court to transmit all the documents, proceedings, and papers forming the record, or contained in any register and relating to the cause. 8. The said Writ shall be returnable, in term or in vacation, within ttteen days from its date, and a duplicate thereof shall bo served five days at least before the return day, upon the Respondent or his Attorney, and also upon the Clerk of the Justice or Justices of the Peace, or of the Court by whom the Judgments appealed from shall have been rendered ; and taereupon it shall be the duty of the said Justices and of the said Clerk to transmit the said record forthwith, and not later than the day fixed for the return of the said Writ to the Clerk of the Circuit Court in which the Ippeal shall have been brought, with a certificate signed and sealed by one Justice at least, or by the Clerk, certifying that the documents trans- mitted are all the documents relating to the cause. 9. The writ may be in the form number two, annexed to this Act, or in any form to the like effect. 10. On the return day of che Writ of Appeal, or on the following day, each party, or his Attorney, sluillfile an appearance, and at any time"altor, on the inscription for hearing by either party, one day's notice of which in term, and three days of which in vacation,' shall have l)een given to the opposite party, the Appeal shall I)e heard for all purposes whatsoever, and decided summarily ; And no new evidence shall be adduced. 11. The Circuit Court shall adjudge the c^sts on such Appeal, and if the Judgment appealed from be fully confirmed, it shall order that the record be remitted to the Justice or Justices, or Court who sliall have pro- nounced the Judgment or conviction, and such remission shall be effected by the Clerk of tlie Circuit Court, who shall annex to the record a copy of the Judgment of the said Court and a certificate of the costs allowed on the said Appeal, and the said costs sliall be levied by the same means, and in the same manner in which the Judgment of the Justice or Justices, or of the Court below, is carried into eff'ect according to law. 1'2. Eut if, on the otiier baud, the said Judgment be modified or set aside, hi whole «>r in part, the record and proceedings on the Judgment appealed from, and any nn.ei'edings upon the Api)eal, shall remain to f.nn part of the records of the Circuit Cnirt. by whicli and under the autliority of which, whatever shall have been adjudged, ordered, confirme. Publication 4 Section 7. Special Notice ...............•■.•• ; " 4 Sub. 2. Mode in which a Special shall be given ^ ^ " 3. Contents 4 Section 9. Certificate of publication or service • " ^ "^iih 2 Attestation of Certificate ........••• « 4.' Information in Notice unavailable by any one who has acquiesced in or ^^ obtained knowledge of it ' ' ' j- Section 40. Road:> be classiticd "" r^ Sub. 4. Local Works ' 5 " 5. Roads furtlier classified ' ' j.> '< •;. Front Roads | 5 " 7. Hye-Iloads or Routes r, " 8. Roads between two concessions ' '^ ' " 0. Fr(,nt Roads of any lot ' j^ ' 1' 10. Width of Front Roads r, " 11. Width of live Roads - « 1 2. Ditlorent wiiltli made by order of By-Laws ■ • • j, » 13. Ditches in ordinary cases ' " ' j^. 11 1.1 Ditches nmv be disnen-i'd with '"'\"\ 1*' ,• .. 1 r:. Water-courses conveying wat,.r from roads through lands <.f any person b I' u; Water-courses iillowcl to be made * " 17. Council may not order demolition of mill d.atn ^ » 18 Ground occupied by Roails, in whom vested Section 4J. Fences to be taken down at certain seasons '.'.'.'..'.'.'. Sub. 2. Site of Road ■ ; • • "'\ (j " .",. Through what property to be carneil ^ ^ ^ ^ 11 • Rv whom to he kept up. .j " ."i. Jurisdiction between two Municipalities ^ " V. Hy what Municipalities to be kept up • ' ^ " 7. Joint expense in ertain casi'S ',".'.,'. 7 " 11. Double track may bo ordered. ' ' ' ^ " 12. Ralises — how placed and what kind " ' ^ Section 4n. Hy whom Roads shall be made, kc T Sub 2. Front Roads. ■," ' "Z " V " 1* V " V, . 8 «■ 3. What shall be understood to bo the front of a lot ".".;. 8 " 4! Fords and Public Bridges ','.".'.".'.'.'.". 8 » T). Have-Rods • _._ g «t G. Roads to Mills, Ferries, &c.. 8 » 3 Inspector to superintend and certify of work perfortriance. . ....... . .; t^ <• t Notice not requ red to compel any person to keep his Front Road in repair 1- a 5. Sectors may cause unperformed work to be done, '^^'^ l^^^^]'']^''^ ^^ 6. (»r^e1usJ™cto^^Cy^cVuVe^■hV workVo^3e d^^^^^^ the Municipality.. . 12 " 7. What shall be proof of the necessary facts ^.^ tt 8. The 20 per cent, lien of penalty ^i^ « 9 Occupant of land liable for road charges.... • ^ "• 10. Liability for damages for non-performance of work ^^ " 11, Inspectors to report arrears and to sue for the same Section 52. Council may order work to be let out by contract ^:,^ Sub. 2. Advertisement for tenders ••,■•,•.•;; 13 « 3. Work to be adjudged to the most favourable bidder J^ «• 4. In whose name the Contract shall be made ^^ « 5. Contract to be binding ;•••• •• ,3 Section 62. Penalties on persons elected or appointed to ofhce Sub 2. On valuators failing to perform certain duties 3. On Members of Councils, Justices ct the Peace J^ " 5. Unqualified persons voting • ;■•.•',*■.• 14 «« G On Inspectors of l^oads failing to perform their duties ^* «' 7'. On persons disobeying lawful orders of offices ^^. '• 8. Placing balises in certain eases ^^ " 9. On neglecting to repair Front Roads ^^ «' 10. Such penally to be paid to the Inspector ^^ " 11. May be paid without suit j^ •< 12. Creating olistruelion to highways • ^^ " 13 Ferrying without license • j. " 14 On persons hindering the execution of this Act «' 15. On persons willfully tearing down notices " 16. Fast driving over bridges defacing bridges, posts . ••••••• " 17 Punishing of persons resisting officers of Municipal Council i» Section 63. How penalties shall be recovered ^^ ^t ^•£S;^:iu:^;;fLoca{i^n;iuV^d^koVi;;;i;;;Vfpe^ ^ " 4 Justicesof Peace may appoint their own clerk 1' 5. Right of Justices of Peace issuing summons ^^ " 6. Delay between service and summons • • • • • ^^ «' 7. Evidence jg " 8. Limitations of suit for penalties ^^ Section 64. Who may prosecute under this Act. ••■•■••• jg «ii.h 2 Municipalities may be sued for neglect ot auty • • ^u I Persons ^0'"^ I'^^^'l ^°^^ ^"'•'^ ^'' ''^'"'' '"if T°''' ' ' 7 Section 66. Special sessions of County Council to revise ^>'^™ ;;;;;;;;;;;;;;; 17 " 71. Forms ' "" Secti CAP. XXVI. INDEX TO AGRICULTURAL ACT. Section I. i< 11. 2. 3. CI 111. 2. 3. i( IV. II V. II VI. II Vll. 2. <( Vlll. 2. 3. 4. 5. 6. i( IX. 2. 3. 4. 5. 6. 7. 8. 9. M X. 2. 3. 4. 5. II XI. 2. (1 Xll. 2. 3. 4. II XIll. 2. 3. (1 XIV. II XV. 2. 3. II XVI. 2. 3. 4. II XVII. 2. 3. 4. 5 C 7. Powers and Duties of Municipal Councils not effected Penalty for trespassing Navigiiblc water-courses and banks thereof to be thoroughfares. Arrest of olTenders Penalties on persons damaging projierty Pulling down and carrying fences (.•tl'ender may arrange with offender In case olf'eudcr be a stranger without means Animals not to be allowed to stray — Fines Pigs to be ringed Animals at pasture How complaint of damage by animals shall be made Proceedings If complaint be maintained Experts in certain cases. Justice to miike final reward Amicable reference to experts In case of failure to ]iay award Animals straying to lie emjiounded Party empounding an animal must feed it In case owner be unknown Time for reclaiming animal Costs Proceeds of sale how dealt with Inspectors to reiuier an account If owner be known Damage by poultry Inspector may refuse bids Resale Former owner may reclaim But he must be a stranger If there be no bidders Owners may demand release from pound Persons unlawfully taking away animals from pound. . Vicious and dangerous dogs must be confined or killed. Penalty In case the dog has bitten any person Dogs pursuing or killing sheep Timber thrown on land or beaches Subsequent proceedings.. . Application of proceeds of sale Penalties on persons causing obstruction , Penalty for throwing filth in streams In case offender be unknown Dead animals to be buried Noxious weeds to be destroyed , In case of refusal . Penalty for scatering seed of weeds Wild mustard . Deconvert may be demanded . Extent thereof , When and how to be made , In case of refusal or neglect . Certain trees ex( mptod . Damages to be asitrtained by experts . Experts, how named PAOB. 19 19 19 19 19 19 20 20 20 , 20 20 . 20 20 . 21 . 21 . 21 . 21 . 21 . 21 . 21 . 21 . 22 . 22 22 . 22 . 22 . 22 . 22 . 22 . 22 . 23 . 23 . 23 . 23 . 23 . 23 . 23 . 23 . 23 . 23 . 24 . 24 . 24 . 24 . 24 . 24 . 25 . 25 . 25 . 25 . 25 . 25 . 25 . 25 . 2. 5 . 25 ^^ P.O.. 25 ■Section XVIII. Comi.lain.inlniuslproyouot.ee \'_\\,'.y.'.V.'.'. '^-j .section AY 1^ IfdeffiHlftntbeuousuUcd 20 3. Coinpluiniint only to sue. . . . . • • ■••••••,• • ; * 26 viY Wiu r-coursfs to be opened and cleansca 20 2. Penalty tor letusal • • • • • " { " * ' .(^ ■ . '-^"' 3 Complaiu'int iu certain cases to do the worK ^C 4. Amount may be recovered.. 20 .< XXI H(.xv the work to be divided 26 •' What inspector uiay act •. • 26 X VXll' ^VaU■r-cou^se in more than one par.s • .^7 2. In case of diUerence among luspectou •■•••_•• 27 3. Forms of proceedings " ' " ' 27 '.' XXIII. Dalies of inspectors ".'".'..*.*. ?'' 2. Expenses ', 2^ 3 How nrvch-ncrbal to be prepared. 27 4. Copies ut ,,ro,cs-vcrbul to be dei.osited ;;;;;;;; 27 5. With secretary 27 C. Or ^chool .secretary. " _" 27 7 Secretarv to register it..--- ••• 27 ft' If there be no local municipality.. . . • ■ • 27 u XXIV. Notice of presentation for homologation. . •••••;;;; 27 2 Access 10 iiroics-ierbiit 28 3. Delay before liomologalion ^^ 4. Copy to inspeciors •• 28 5 If it relates to several pans, les 28 c'. Secretary of parish to register .'.'.'.'..'.'. ?^ 7. ('omiiiuiiication gratis ■■'' 28 H. Inspectors retiring ••• " _' _" 28 9 Amcudmentof /'(■"•■M-fcrtd/ 28 ^« VW I'arlies aggrieved how to pi-oceea 28 ^ * 2. Complaint how to be brough" • • • • • 28 3. Notice to be given ^8 .1 Two Justices re(piired 28 0. Aiipearance -28 7. Judgment ,• • •, ' .' .' 28 8 Homologation of /o-occs-rfrO(iJ •■••• 29 H. Justices to give judgment ..'!!!'.*.*. 33 0. Fees to secretary-treasurer '..!!!!!!.","' 33 " NXXV. Recovery of expenses .".'.'.!'..".'!!.!!.!" 33 •=' XXXVI. Proces-i'crlMil may be amended "..".!!'.!'.'.*.*!".".*,!'."! 34 2. What shall be slated in afliduvit '.'.'.'.' 34 3 Cenilied copy to be proof '.'.'.'.'.".'.'.','.'.'.'.'. 34 4. How amended '.!. 1 '.!'.! ! 34 5. If there is too much water in water-course .'."..'.*.'!",!!! 34 " XXXVII. How complaint to be made '.',11!!'.!'. 34 2. Justice may assume execution !!!!!!!! 34 3. Costs of case dismissed ! ! , ! ! 34 '\. Justice must be disinterested !!!!!!!!!!!!! 34 5. Inspectors to l)o disinterested !!!!!!!!!!.'!!!.'!!! 34 "XXXVIII. How and where suits to be brought !!!!!!!!!!!!!!!!! 35 2. Ivimitation !...!!! ! ^5 " X.XXIX. How penalties to be recovered !!!!!!!!!.'!!!!! 35 2. Application of penalties .!.!!!.!!!! 35 3. Privilege of inspectors as to suits !!!!!!!!! 35 4. General provisions !!'.'.!!'.". 35 *' XL. Amount and recovery of penalties !!!!!!!!!!' 35 2. Impriaouient on failure to pay .'!!!!!!".!!!!!'. 35 ** XLI. Any person found near any wood !.'...'!!.'.'!!!!! 35 2. Act to extend to Indian reserve !..'.!!!!!!!!! 3G 3. Application of certain sections !!!...'!!.! 30 *• XLII. False oath to be perjury !!!!!!!!!! 3G " XLI 1 1. How (lulilic notice to be given !!!!!!!!!!!!! 3u 2. And posted , ,'.!..'!!!! sr 3. If it relate to two parishes ! ! ! ! ! 3G " XLIV. Special notice how given !!!!!!" 3t! 2. If it be in writing op, « xLv. Land .'.'!.'!.'!.'!!!!!!! 37 2. 'Water-course !!!!'!!! 37 3. Insi)ector ! ! " 37 4. Disinterested !!!!!!!"' 37 " XLA'I. Agriculture act !!!!!!!!!!!! 37 By order, ALFRED CENTER, Secretary-Treasurer of Chatham. Chiilbam, 2:)th (tctober, 1800. 31 :5i 31 31