Summons. 6. The Justice, on receiving from any veterinarian a notice or report stating that an animal is or appears to be diseased, shall forthwith issue a summons, directed to the owner or other person in charge of the animal, requiring him to appear before a Court of summary jurisdiction, at a time and place to he specified in such summons, to shew cause why the said animal should not be destroyed. 47 V. c. 41, s. 6. Procedure. Rev. Stat. c. 74. Court may make order for destruc tion, etc., of animal. Penalty for default. Duty of owner as to diseased animal respecting which no notice given. Duty of owner of animal which has been exposed to contagion. 7. The proceedings on such notice and summons shall be regulated by The Act respecting summary convictions before Justices of the Peace and Appeals to General Sessions, which shall apply to cases under this Act. 47 V. c. 41, s. 7. 8.-(1) In case it appears to the Court of summary jurisdiction, by the evidence of one or more competent veterinarians, that the animal in respect of which the summons was issued is diseased, the Court shall make an order for the killing and burying or burning of such animal (describing the same according to the tenor of the description given in the notice or report, and in the evidence) within twenty-four hours, and in default thereof may impose a fine not exceeding $100, and a further sum of $50 for every twelve hours thereafter until the same is killed and buried or burned; and all penalties imposed under this section shall be applied to the use of the municipality. (2) The Court may in any case require further evidence as to the disease, and may for that purpose appoint one or more veterinarians to report to them, and they may thereafter, with or without any further hearing, make such order as may seem just. 47 V. c. 41, s. 8. 9.—(1) Every person, having in his possession or under his charge any animal which is or appears to be diseased, but respecting which no notice has been given as aforesaid, shall, as far as practicable, keep such animal separate from other animals not so diseased, and shall with all practicable speed give notice to a veterinarian of the existence or supposed existence of the disease. (2) Any veterinarian shall, on receipt of such notice, with all practicable speed, inspect the said animal, and if the disease appears to exist shall forthwith notify the person in possession or charge of the animal, and a Justice, as directed in other cases. 47 V. c. 41, s. 9. 10. No owner, or other person in charge thereof, shall turn out, lead or drive any horse or other animal, knowing such animal to have been kept in the same stable with any diseased animal, or otherwise exposed to contagion or infection, in, upon, or through any place without a license from a veterinarian first had and obtained, or without other order from the Court in that behalf. 47 V. c. 41, s. 10. 11. The Court may make an order on the treasurer of the Fees to vetermunicipality, in favour of any veterinarian acting hereunder, for inarian. the payment of such witness fees or other remuneration as may be deemed just, and the treasurer shall pay the sum mentioned in such order to such veterinarian out of any funds he may then have in the municipal treasury; Provided that the Proviso. said witness fees or other remuneration shall not exceed $4 for each day on which the said veterinarian may be engaged in making any inspection or report, or in attendance at the Court for the purpose of giving evidence under this Act, together with necessary travelling expenses. 47 V. c. 41, s. 11. Act. 12. If any person obstructs or impedes a veterinarian, con- Arrest of stable or other officer acting in execution of this Act, he, and persodin impeding every person aiding and assisting him therein, shall be guilty execution of of an offence against this Act, and the veterinarian, constable or other officer, or any person whom he calls to his assistance, may seize the offender and detain him until he can conveniently be taken before a Justice to be dealt with according to law. 47 V. c. 41, s. 12. 13. For the purposes of proceedings under this Act every Where offence against this Act shall be deemed to have been committed, offences shall and every cause of complaint under this Act, shall be deemed to have been have arisen either in the place in which the same actually was committed, or arose, or in any place in which the person charged or complained against happens to be. 47 V. c. 41, s. 13. committed. 14. Any person violating any of the provisions herein con- Penalty. tained respecting which no express penalty is provided herein, shall be guilty of an offence under this Act, and shall on conviction forfeit and pay a sum not exceeding $100 for each offence. 47 V. c. 41, s. 14. CHAPTER 217. An Act respecting the investigation of Accidents by WHEN INVESTIGATION TO BE HELD, s. 1 POWER OF CORONER AS TO EVIDENCE, 8. 2. Empanelling a jury, s. 3. Compelling attendance of jurors ss. 5, 6. ALLOWANCE TO CORONER, S. 7. Compelling attendance of wit- COSTS OF ADJOURNMENT WHEN AL nesses, ss. 4, 6 LOWED, S. 10. Coroner to in quire into the HE ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1.-(1) Whenever any fire has occurred, whereby any house origin of fires. or other building has been wholly or in part consumed, the coroner within whose jurisdiction the locality is situated, shall institute an inquiry into the cause or origin of the fire, and whether it was kindled by design, or was the result of negligence or accident, and act according to the result of such inquiry. Inquiry Evidence to be taken on oath. Jury may be empanelled in certain cases. (2) It shall not be the duty of the coroner to institute an inquiry into the cause or origin of any fire or fires by which any house or other building has been wholly or partly consumed, nor shall such inquiry be had, until it has first been made to appear to the coroner that there is reason to believe that the fire was the result of culpable or negligent conduct or design, or occurred under such circumstances as in the interests of justice and for the due protection of property require investigation. R. S. O. 1877, c. 196, s. 1. 2. For the purpose of the investigation, the coroner shall summon and bring before him all persons whom he deems capable of giving information or evidence touching or concerning the fire, and shall examine such persons on oath, and shall reduce their examinations to writing, and return the same to the clerk of the Peace for the district or county within which they have been taken. R. S. O. 1877, c. 196, s. 2. 3. The coroner may in his discretion, or in conformity with the written requisition of any agent of an insurance company, or of any three householders in the vicinity of such fire. empanel a jury chosen from among the householders resident be in the vicinity of the fire, to hear the evidence that may adduced touching or concerning the same, and to render a verdict under oath thereupon in accordance with the facts. R. S. O. 1877, c. 196, s. 3. tendance of 4. If any person summoned to appear before any coroner Coroner may acting under this Act, neglects or refuses to appear at the time enforce atand place specified in the summons, or if such person, ap- witnesses. pearing in obedience to such summons, refuses to be examined or to answer any questions put to him in the course of his examination, the coroner may enforce the attendance of such person, or compel him to answer, as the case may require, by the same means as the coroner might use in like cases at ordinary inquests before him. R. S. O. 1877, c. 196, s. 4. tending, etc. 5. If any person having been duly summoned as a juror Punishment of upon such inquiry, does not, after being openly called three jurors not attimes, appear and serve as such juror, the coroner may impose upon the person so making default such fine as he thinks fit, not exceeding $4; and the coroner shall make out and sign a Fines and how certificate containing the name, residence, trade or calling of levied. such person, together with the amount of the fine imposed, and the cause of such fine, and shall transmit the certificate to the clerk of the Peace in the district or county in which the defaulter resides, on or before the first day of the General Sessions of the Peace then next ensuing for the district or county, and shall cause a copy of the certificate to be served upon the person so fined, by leaving it at his residence, within a reasonable time after the inquest; and all fines and forfeitures so certified by such coroner shall be estreated, levied and applied in like manner, and subject to like powers, provisions and penalties in all respects, as if they had been part of the fines imposed at such General Sessions. R. S. O. 1877, c.. not to be af 6. Nothing herein contained shall affect any power by law Certain powvested in any coroner for compelling any person to attend and ers of Coroner act as a juror, or to appear and give evidence before him on fected. any inquest or other proceeding, or for punishing any person for contempt of Court in not so attending and acting or appearing and giving evidence, or otherwise, but all such powers shall extend to and be exercised in respect of inquiries under this Act. R. S. O. 1877, c. 196, s. 6. 7. Where such inquiry has been held by the coroner, Allowance to in respect of fire in any city, town or incorporated village, Coroners holdin conformity with this Act, the coroner holding the same shall ng griries, be entitled therefor to the sum of $10, and should the said inquiry extend beyond one day, then to $10 per diem for each of two days thereafter, and no more; and in the case of an investigation concerning a fire occurring in any place, not within a city, town, or incorporated village the allowance to Party requir ing it to pay the costs. When only a Municipality shall be liable, In what case only costs of an adjourn allowed. the coroner shall be $5 for the first day, and should the inquiry extend beyond one day, then $4 for each of two days thereafter, and no more. R. S. O. 1877, c. 196, s. 7. 8. In all cases, the party requiring such investigation shall alone be responsible for the expenses of and attending such investigation. R. S. O. 1877, c. 196, s. 8. 9. No municipality shall be liable for such expense unless the investigation is required by a requisition under the hands and seals of the mayor or other head officer of the municipality, and of at least two other members of the council thereof; and such requisition shall not be given, unless there are strong special and public reasons for granting the same. R. S. O. 1877, c. 196, s. 9. 10. No expenses of or for an adjournment of such inquest shall be chargeable against or payable by the party or ment shall be municipal corporation calling for or requesting the investigation to be held, unless it is clearly shewn by the coroner, and certified under his hand, why and for what purpose an adjournment took place or became necessary in his opinion. R. S. O. 1877, c. 196, s. 10. Owner of well injured may H CHAPTER 218. An Act respecting abandoned Oil Wells. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1.-(1) If the working of any oil well is retarded or injured apply to Mu- by the water existing in or flowing into any abandoned oil nicipal Coun- well in the vicinity of the well so injured, it shall and may be cils to fill up lawful for the owner of the well so injured to apply to the municipal council of the municipality in which the abandoned well is situated, for the purpose of being allowed by the council to either fill up the abandoned well, or in some other effectual way to shut off the water flowing therein. abandoned wells. Council. Powers of the (2) The council shall, upon such application being made in writing by the person injured or aggrieved, briefly setting forth the grievance, order some engineer or other competent person to examine the said abandoned well, and after such examination to report to the said council in writing whether in his opinion the person complaining is injured as alleged, and whether the said abandoned well should be filled up, or the water flowing therein shut off in some other and what manner. R. S. O. 1877, c. 197, s. 1. |