Neglect to repair, and to tolls. (3.) In case the directors or municipal council neglect or recesser of right fuse to erect or construct such bridge or culvert, or repair such portion of road as aforesaid, within the time specified in the notice so given by the engineer, or refuse or neglect to provide such temporary passage for the use of the travelling public as herein required, the portion of road so damaged or whereon such bridge or culvert so damaged or destroyed as aforesaid existed, shall be deemed to be out of repair; and the directors or municipal council, on receiving notice which the engineer shall give to the directors or municipal council in the manner provided in the eighty-sixth section of this Act, and which notice shall set forth that the time fixed for the repair of such portion of road, bridge, or culvert has expired, and that such repairs have not been completed, or that such temporary passage has not been constructed within the time fixed for constructing the same, and that henceforth until such repairs have been fully completed the directors or municipal council shall not demand or take toll at the gate or gates at or on either side of the portion or portions of road, bridge, or culvert so out of repair under the penalties imposed by the eighty-eighth section of this Act 31 V., c. 31, s. 1, sub s. 1, amended. Neglect to repair, and ces tolls, 3. Sub-section one of section one of the Act passed in the thirty-first year of Her Majesty's reign, chaptered thirty-one, is hereby repealed, and the following section substituted in lieu thereof: After the service of the notice by the engineer in the ser to right to manner aforesaid, or in case of a reference to the county judge as provided in the eighty-sixth section of this Act, then after the decision of such judge, if such decision be against the directors or municipal council, and until such repairs be completed, neither the directors of the company, or the municipal council, nor any person authorized by them, shall demand or take any toll from any person travelling with or without any beast or vehicle for passing through the nearest toll gates whereat tolls were being collected at the time of such notice, on either side of the portion or portions of road so out of repair under the penalty mentioned in the eighty-eighth section of the said Act, until the engineer has again examined the road and certified it to be in good and efficient repair, and after such notice or decision of the county judge in the manner aforesaid; and until such repairs and materials, have been completed as directed by the engineer, no such company nor any person or persons shall be entitled or permitted to destroy, take, remove, or carry away from such road any earth, stone, gravel, plank, or other material forming any part of such road or having been used in the construction of the same, nor any toll house, toll gate, toll bar, or any appendages thereto belonging; and any such company or any person destroying, taking away, or removing any such earth, stone, gravel, plank or other material, toll house, toll gate, toll bar, or any appendages thereto belonging contrary to the provisions of this Act, shall be liable to prosecution by the municipal council of part road. Penalties. the the municipality wherein such road lies and whereon such earth, stone, gravel, plank or material, toll house, toll gate, toll bar or appendages belonging thereto are situate, shall, on conviction thereof in the manner provided in the thirteenth subsection of the one hundred and fourth section of the Act passed in the twenty-second year of Her Majesty's reign, intituled “An Act respecting Joint Stock Road Companies, for the construction of Roads and other works in Upper Canada," be liable to the penalties in the said sub-section mentioned; which penalties when recovered shall be paid over to the municipal council bringing such action, and shall form part of the public funds of the municipality. 4. Section two of the aforesaid Act, chaptered thirty-one, 31 V., c. 31 s. is hereby amended by striking therefrom the words beginning 2, amended. in the seventeenth line from the top of said section, as follows:-"it shall be lawful for the directors of municipal councils themselves to appoint such arbitrator" and substituting the following words in lieu thereof:-" The sheriff of the county within which such road lies shall within four days after a request in writing made upon him by the directors or municipal council appoint such second arbitrator. 5. Section five of the last aforesaid Act is hereby repealed, and S. 5 amended. the following section substituted in lieu thereof : : on arbitration. (1.) And the arbitrators shall within six days after the ap- Proceedings pointment of the third arbitrator examine the road, and at a sitting which may be adjourned from time to time, to be held by them as convenient as may be to the portion of the road so examined, of which sitting due notice shall be given to the directors of the company or municipal council, and any two of the requisitionists, and shall examine under oath or affirmation such witness or witnesses as may be presented for examination on behalf of either party to such arbitration. (2.) In case the said arbitrators are of opinion that the then Case of injury state of the road, if in a condition not to impede or endanger by weather. Her Majesty's subjects and others travelling thereon, is so in consequence of the action of the frost or snow, or condition of the weather, and not from suitable and proper repairs made at the expense of the said company or municipal council, they shall adjudge the costs of such arbitration against the directors of such company or municipal council, and shall make an award in writing setting forth the condition of such road, and whether the same is in such condition so as not to impede or endanger Her Majesty's subjects and others travelling thereon, and whether such condition arises from the action of frost or snow or condition of the weather, or by means of suitable and proper repairs made at the expense of the directors of suche ompany or municipal council. (3.) In case the said road be not in a proper state of repair, they W. it of repair E shall to be set out councils. shall set forth what repairs are necessary to be made, and shall by arbitrators. allow a reasonable time for so repairing the road, taking into consideration the facilities for obtaining the material to repair the road as required, and the arbitrators may permit the directors of the company or municipal council to levy, or may prohibit them from levying tolls, while the repairs are being completed as to them may seem fit and proper; And if any such company shall Neglect to repair, and for- permit or allow their road to remain out of repair for the period feiture of road of nine months next after the time fixed by the said arbitrators as to municipal in this Act provided to repair the same, such company shall forfeit all right to their road, and the municipal council of the county through which such road or any part thereof passes may enter upon and take possession of the same and exercise the same jurisdiction over the same as the road company owning such road were entitled to under the Joint Stock Road Companies Act and the amendments thereto; and such municipal council may repair the same in accordance with the award of the arbitrators in reference to the same; and after such repairs have been made by such municipal council, may levy and collect tolls thereon and possess and enjoy all the rights and powers and be subject to all the duties and requirements of the Joint Stock Road Companies Act and the amendments thereto, in reference to such toll roads. Repairs by municipal councils. (4.) And in case the municipal council of such county does not think fit and proper, within the period of one month next after the expiration of the aforesaid nine months, to assume, by By-law, such road for the purposes of repairing the same and levying tolls thereon, the municipal council of any municipality which would, under the provisions of the Municipal Institutions Act in force in the Province of Ontario, be required to maintain and keep such road in repair as a common and public highway, shall be liable to the same duties as such municipal council has, or is subject to, in respect to the public roads within its jurisdiction. 31 V., c. 31, s. 6. Section two of the Act passed in the thirty-first year of Her Majesty's reign, chaptered thirty-one, is hereby amended by striking therefrom the seventh, eighth and ninth lines, and all the words in the sixth line after the word "sufficient" 31jV., c. 31, s. 7, amended. 7. The following sub-section shall be added to section seven of the last named Act: (1.) And in case the arbitrators refuse or neglect to examine the road within two days next after being required by the directors or municipal council so to do by written notices signed by the head of the company or municipal council and served personally upon such arbitrators or left at each of their last and most usual place of abode, the directors or municipal council shall be entitled to levy and collect tolls in the same manner as if the arbitrators had examined and certified the road to be in a fit and proper state of repair. 8. Section eight of the last aforesaid Act is hereby amended 31 V., c. 31, s. by adding between the words "shall" and "assess" in the first 8, amended. line of said section the following words, "subject however to the provisions of the fourth section of this Act relating to the costs of such arbitration." assumption 9. It shall and may be lawful for any company formed Abandonment under the Joint Stock Road Companies' Acts and amendments of road and thereto, by by-law, to abandon the whole of their road; and thereof by the after such abandonment the municipal council of any county council. within which such road or any part thereof lies, may assume such abandoned portion of such road lying within the municipality, and may assume such road in the manner, and enjoy all the rights, and be subject to all the responsibilities and liabilities, as provided in sub-section three of the fifth section of this Act; and failing such action on the part of such county council, such road shall then be subject to the same jurisdiction for the control and repair thereof as further provided in sub-section four of section five of this Act; but no such company shall be entitled to abandon any intermediate portion of their road without the consent of the municipal council of the county within which such portion of such road lies, such consent to be expressed by by-law of such municipal council; nor shall any road company or municipal council be entitled to collect tolls upon any remaining portion of such road, less than five miles in extent, if such road originally exceeded five miles in length. Con. Stat. U. 31 V., c. 31, cable to all 10. The Act passed in the twenty-eighth year of Her Majes- 28 V., c. 23, ty's reign, chaptered twenty-three, is hereby repealed. Sections repealed. eighty-four, eighty-five and eighty-six of the Act passed in the c. c. 49, 8 8. twenty-second year of Her Majesty's reign, chaptered forty- 84, 85, 86. nine, Consolidated Statutes for Upper Canada; the Act passed and this Act in the thirty-first year of Her Majesty's reign, chaptered thirty- made applione, Ontario Statutes, and the provisions of this Act shall apply coll roads. to all toll roads whereon tolls are levied and collected in the Province of Ontario, whether such roads were constructed under the Joint Stock Road Companies Acts and the amendments thereto, or under any special charter, or toll-roads which may have been purchased from the Government of the late Province of Canada and now being owned and held by private companies or municipal councils. 11. All Acts and parts of Acts inconsistent with any of the Repeal of provisions of this Act are hereby repealed. Acts. 12. The several sections of this Act which provide for the Certain secresumption of roads by the municipalities, the removal of ma- tions not to apply to priterial and buildings from the same and of intermediate portions vate roads. thereof, shall not be held to apply to roads constructed by any company or corporation on private property, or acquired from any company from private owners. CAP. CAP. XXXIV. Preamble. Directors. Quorum. First meeting of the board. An Act to amend the Act intituled an "Act respecting Dentistry." W [Assented to 2nd March, 1872.] HEREAS it is expedient to amend the Act passed in the thirty-first year of the reign of Her Majesty Queen Victoria, and chaptered thirty-seven, intituled, "An Act respecting Dentistry:" Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Every board of directors to be elected after the passing of this Act, shall consist of seven members, of whom any four shall form a quorum. 2. Every board to be hereafter elected shall hold their first meeting on the day following the election of such board, at noon, at such place in the city of Toronto as may, from time to time be fixed by the board. 31 V. c. 37 s. 6 3. The sixth section of said Act is hereby repealed, and the following substituted therefor : amended. Sec. 10 amended. Exaimnations. Curriculum. Sec. 11 amended. (6) Every subsequent election shall be held on the third Tuesday in July, in the City of Toronto, in every second year; and the persons qualified to vote at every such election shall be such persons as have obtained or may obtain certificates of license, under the provisions of this Act. 4. The tenth section of the said Act is hereby repealed and the following substituted therefor : The board shall have power and authority to appoint one or more examiners for the matriculation or preliminary examination of all students entering the profession-Such examination shall be passed prior to entering into articles of indenture with a licentiate of dentistry, and the commencement of study shall date from the signing of said articles. The board shall also have power and authority to fix and determine, from time to time, a curriculum of studies to be pursued by students, and to fix and determine the period for which every student shall be articled and employed under some duly licensed practitioner, and the examination necessary to be passed before said board, and the fees to be paid into the hands of the treasurer of said board, before receiving a certificate of license to practise the profession of dentistry. 5. The eleventh section of the said Act is hereby repealed and the following substituted therefor : The |