HE CHAPTER 198. An Act respecting Snow Fences. ER MAJESTY, by and with the advice and consent of the as follows: therefor. 1.-(1) The council of every township, city, town, or incor- Councils may require owners porated village shall have power to require owners or oc- or occupants of cupiers, of lands bordering upon any public highway, to take land to redown, alter, or remove any fence found to cause an accumu- move fences; lation of snow or drift so as to impede or obstruct the travel on the public highway, or any part thereof, and where Making comsuch power is exercised they shall make such compensation pensation to the owners or occupants for the taking down, alteration or removal of such fence and for the construction of some other description of fence approved of by the council, in lieu of the one so required to be taken down, altered, or removed as may be mutually agreed upon; and if the council and the owners or occupants cannot agree, in respect to the compensation to be paid by the council, then the same shall be settled by arbitration in the manner provided by The Muni- Rev. Stat. cipal Act, and the award so made shall be binding upon parties. 44 V. c. 26, s. 1. all c. 184. lands border (2) Where in a township the owners and occupants of all Erection of the lands bordering upon the side of a public highway, within wire fences on the jurisdiction of the council of the municipality, or upon so ing on highInuch of the highway as either extends from front to rear of ways. any concession, or lies between any two side line roads, petition the council of the township to pass, under the provisions of this section, a by-law requiring the owners and occupiers to erect and maintain a wire fence between said lands and the highway, the council shall have power to pass the same, and to provide that the fence shall be so erected and maintained by the owners and occupants on and along the highway, at a uniform distance not exceeding six feet from that side thereof on which the lands border as aforesaid, and that every such owner and occupant shall have the right to occupy and enjoy so much of the highway as shall be situate between the fence when erected, and his land bordering upon the highway, so long as the fence is by him maintained, as by the by-law may be required; and in every such case the right to occupy and enjoy a part of the highway as aforesaid, shall be in lieu of and a full satisfaction of all compensation which, under any other provision of this section, would require to be made to the owner or occupant, and as if the same had been agreed to by him: Provided always that under the provisions Power in case pant to con struct fence as directed. of this sub-section no highway or part of a highway shall be reduced to or made less than fifty-four feet in width: Provided, moreover, that for all purposes of this Act, the date of the passing of the by-law shall be taken as the time from which the two months mentioned in section 2 of this Act shall be computed. 49 V. c. 40, s. 1. 2. In case the owner or occupant shall refuse or negof neglect or lect to take down, alter, or remove the refusal by fence and to owner or occu- construct such other fence as required by the council, the council may, after the expiration of two months from the time the compensation to be paid by the council has been agreed upon or settled by arbitration, proceed to take down, alter, or remove the old fence and construct the other description of fence which has been approved of by the council, and the amount of all costs and charges thereby incurred by the council over and above the amount of compensation agreed upon or settled by arbitration, may immediately be recovered from such owner or occupier, by action in any Division Court having jurisdiction in the locality, and the amount of the judg ment in favour of the municipality obtained in such Court, shall, if not sooner paid, be, by the clerk of the municipality, placed upon the next collector's roll as taxes against the lands upon or along the boundaries of which the fence is situate, and after being placed upon the collector's roll, shall be collected and treated in all respects as other taxes imposed by by-laws of the municipality; when a tenant or occupant, other than the owner, shall be required to pay the aforesaid sum, or any part thereof, the tenant or occupant may deduct the same, and any costs paid by him, from the rent payable by him, or may otherwise recover the same, unless the tenant or occupant shall have agreed with the landlord to pay the same. 44 V. c. 26, s. 2. Power to 3. The council of every township, city, town or incorporated enter on lands. village, shall have power, on and after the 15th day of November in each year, to enter into and upon any lands of Her Majesty, or into and upon any lands of any corporation or person whatsoever, situate within said township, city, town or village, and lying along any road or public highway, in or adjoining any such municipality, and to erect and to maintain snow fences thereon, subject to the payment of such damages (if any) as may be actually suffered by the owner or owners of the lands entered upon, the amount thereof to be ascertained, if not mutually agreed upon, by arbitration, under The Municipal Act: Provided always, that such snow fences so erected shall be removed on or before the first day of April following. 49 V. c. 40, s. 2. Rev. Stat. c. 184. CHAPTER 199. An Act to provide for the crossing of Railways by SHORT TITLE, s, 1. APPLICATION OF ACT, ss. 2, 29, 30. POWERS AS TO ROADS, DRAINS, AND Plans and notices, ss. 6-8. EXECUTION OF WORKS, ss. 9-19. Public Works, ss. 11-16. Drains and water pipes, s. 24. MAINTAINING LEVEL OF HIGHWAY, S. 25. MAINTAINING LEVEL OF RAILWAY, S. 25. RAILWAY NOT TO BE INJURED, s. 26. Reference to Commissioner of RIGHTS OF RAILWAYS PRESERVED, S. 28. COMPENSATION TO COMPANY, ss. 20- SERVICE OF NOTICES, s. 31. 22. REPAIRS OF STREET CROSSINGS, S. 24. PROVISIONS OF MUNICIPAL ACT AS TO HIGHWAYS TO APPLY, s. 32. ER MAJESTY, by and with the advice and consent of the as follows: 1. This Act may for all purposes be cited as "The Railway Short title. Streets and Drains Act." 45 V. c. 21, s. 1. Act. 2. This Act and the respective provisions thereof apply to Application of every railway and railway company in respect of which the Legislature of Ontario has authority to enact such provisions. 45 V. c. 21, s. 2. 3. Where the following words occur in this Act, they shall Interpretabe construed in the manner hereinafter mentioned, unless a tion. contrary intention appears: 1. "Railway Company" shall include the owner or lessee of any railway, and the contractor working or operating the same; 2. "Council" and "Municipality" shall respectively have Rev. Stat. c. the meaning assigned to them by The Municipal Act; 184. 3. "The Railway" shall have the meaning assigned thereto Rev. Stat. cby The Railway Act of Ontario ; 4. “Highway" shall mean and include any public highway, road, street, lane, or way; 170. Power to pass by-laws for making, etc., roads, etc. 5. " Notice" shall mean a notice either wholly written or printed, or partly written and partly printed. 45 V. c. 21, s. 3. 4. The council of any municipality may pass by-laws for establishing, opening, making, preserving, improving, maintaining, widening, enlarging, altering, diverting or stopping up within the limits of the municipality, any highway or public drain through, over, across, under, along or upon the railway and lands of any railway company, and for entering upon, breaking up, taking or using such land in any way necessary or convenient for the said purposes; but subject to such terms and restrictions as are in this Act contained; and provided always that such highway or drain is, under the proviRev. Stat. c. sions of The Municipal Act, within the jurisdiction of such council. 45 V. c. 21, s. 4. 184. And for laying down water way lands. 5. The council of any municipality may also pass by-laws mains on rail for laying down in, through, across, under, or along the railway and lands of any railway company, any main pipe belonging or necessary to any water works which the corporation of the municipality is authorized to construct, and for entering upon, breaking up, taking or using any such land in any way necessary or convenient for the said purpose, but subject to the terms and restrictions in this Act contained. 45 V. c. 21, s. 5. Plans to be prepared, and notice given to company. Requisites of plans, etc., in ing, etc., a highway 6. Before the final passing of any such by-law, the council shall procure plans and estimates in detail, with proper specifications of the work intended to be carried out under such proposed by-law, copies whereof, with notice of the proposed by-law, shall be given to and served upon the railway company whose railway or lands are to be affected or entered upon. 21, s. 6. 45 V. c. 7. Where it is intended by such by-law to authorize case of open the opening, widening, altering, enlarging or diverting, of a highway without the same being carried over the railway by which is not to a bridge, or under, by a subway or tunnel, such plans, specifibe carried over cations and estimates shall, amongst other things, provide for or under rail- such of the following matters as in the opinion of the council are necessary in connection with such opening, widening, altering, enlarging or diverting of such highway, that is to say: way. 1. Planking to be laid on either side and between the rails. of the track of the railway, so as to permit of the same being easily crossed at any place within the travelled width of such highway, and so as that the upper level of the said planking shall be, as nearly as practicable, level with the top of the said rails; 2. The construction of a cattle guard at each side of the highway where it crosses the railway, suitable and sufficient to prevent cattle and animals from getting on the railway; 3. The erection of fences upon the sides of such highway from the line of the fences on each side of the railway up to the cattle guards, and of the height and strength of an ordinary division fence: 4. The erection of such sign boards as will be a compliance Rev. Stat. c. with sub-section 4 of section 29 of The Railway Act of 170. Ontario. 45 V. c. 21, s. 7. drains or 8. Where the work intended to be carried out under any Plans, etc., for such by-law is in respect of a drain or water pipe, the plans water pipes. and specifications shall, amongst other things, shew the location of the drain or water pipe relatively to the railway, and shall also, where such work is in respect of a drain, shew where an outlet is to be obtained, and the estimated maximum discharge and flow of water and sewage. 45 V. c. 21, s. 8. within thirty notice council 9. If the railway company within thirty days after the Where no obday of the service of the copies and notice required to be jection made served upon such railway company by section 6 of this Act, days from does not give to the council notice stating that the work service of intended to be carried out under the proposed by-law is objected may proceed to by the railway company, and further stating the grounds with work. of objection, the council may proceed with the work agreeably to the said plans and specifications, but subject to the pro- Rev. Stat. c. visions of The Municipal Act. 45 V. c. 21, s. 9. 184. work. 10. Where the work intended to be carried out under Where work is in respect of a such by-law is in respect of a highway, and the railway comhighway,company, within the said thirty days, gives notice to the council pany may do that the railway company will itself execute the proposed work at and for the amount estimated therefor as aforesaid, the railway company shall forthwith proceed with and execute the proposed work in accordance with the said plans and specifications, and shall be entitled to receive payment therefor from the municipality, according to the said estimate. 45 V. c. 21, s. 10. any agree as to the 11. The council and the railway company may mutually Council and agree as to the point, mode and manner at or by which company may such highway or public drain shall be so established, opened mode of makmade, improved, maintained, widened, enlarged, altered, diverted, ing road, etc. or stopped up, or such water pipe laid down, as the case may be, in, through, over, across, under, along or upon the railway or lands of the railway company, or as to how far or to what extent the council, in the exercise of the powers by this Act conferred, shall be at liberty to enter upon, take, or use said railway or lands; but in case they do not so mutually agree, If no agree then no council shall avail itself of, or exercise, any of the ment.approval powers by sections 4 or 5 of this Act conferred, unless and until sioner of Puband only so far as the approval of the Commissioner of Public lic Works to Works is first had and obtained in that behalf, upon application of Commis be obtained. |