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to be deemed
Province, ang Revenue.hout this Act
cipal Officers as the Councils of such Municipalities respectively shall appoint to receive the same, and such Licenses shall be issued by such Municipal Officers as the said Councils respectively shall appoint to issue the same: and any Licenses to keep a house of public entertain- Certain Licenses ment and to retail wines and spirituous liquors therein, issued in the Licenses under manner and form and by the Municipal Officer prescribed and appointed by By-law of the Municipality in which the same shall be granted, sball be taken and held to be a License for the purpose of the said Act of the Parliament of Great Britain, and the duty imposed by the said Act shall be payable thereon.
VI. And for indemnifying the several Revenue Inspectors in Upper Provision for Canada for the loss of emoluments which they will sustain by the Revenue Inspecpassing of this Act, Be it enacted, That each Township, Village, Town the loss of or City Municipality in Upper Canada shall, within one year from the they will sustain
by reason of this time when this Act shall come into force, pay over to the Receiver Accessor General of the Province, such sum as shall be estimated and certified to the Head of such Municipality by the Inspector General of this Province, as being in his opinion equal to one year's income or emoluments of any Revenue Inspector or Inspectors arising from the duties and Licenses which without this Act would be collected or issued by him or them in such Municipality, which sum the said Inspector General shall calculate on the basis of the income or emoluments received by any Revenue Inspector or Inspectors from the same source during the then last twelve months: and the sum so certified as payable by any Municipality shall be a debt due to the Crown by such Municipality, and if not paid within the period aforesaid may be recoverable by the Crown from such Municipality in any way in which debts to the Crown may be recovered in Upper Canada; and the amount so received from the several Municipalities aforesaid shall be divided among and paid to the several Revenue Inspectors in Upper Canada, in proportion to the income or emoluments which they may have lost respectively by the passing of this Act, the sum to be paid to each being determined by the Inspector General on the basis aforesaid.
VII. And be it enacted, That the foregoing provisions of this Act Commencement shall have force and effect upon, from and after the first day of January, one thousand eight hundred and fifty-four, and not before; except that at any time after the passing of this Act, any By-law may be passed for any purpose for which a By-law may be passed under this Act, and all things (if any) preliminary to the passing of such By-law may be done, provided such By-law be limited to come into force and effect upon or after the day last aforesaid, and not before. VIII. And be it enacted, That this Act shall apply only to Upper This Act and
of this Act.
13 & 14 V.C. 65, Canada, and that its provisions and the powers granted by it to the to be controlled by any Act passed this Ses
Ses- Municipal authorities in Upper Canada, and the provisions of the Act sion for certain last aforesaid amending the Laws relative to Tavern Licenses in Upper purposes.
Canada, and the powers therein granted to the said Municipal authorities, shall be subject to, and limited, and controlled by the provisions of any Act which may be passed during the present Session for prohibiting the granting of Licenses for the sale of intoxicating liquors on the line of any Public Work, or for otherwise prohib iing or limiting the sale of such liquors.
INSPECTORS OF WEIGHTS AND
ACT 12 VIC, CA P. 85, SEC. 12.
have copies of
justed by the District Inspector.
An Act to amend the several Laws therein mentioned, relative to the
appointment and duties of Inspectors of Weights and Measures,
in Upper Canada. Municipal bodies XII. And be it enacted, That whenever any Municipal Body, now or spectors may hereafter to be formed in or for any City, Town or Incorporated Village Standards ad- in Upper Canada, shall appoint an Inspector of Weights and Measures
for such City, Town or Incorporated Village, every such Inspector may apply to the Inspector appointed or to be appointed under the previous provisions of this Act, for the District, Division or County, within which such City, Town or Incorporated Village shall be situate, to adjust a copy of any of the Standard Weights and Measures for the use of such City, Town or Incorporated Village, by the Standard Weights and Measures in possession of or used by such Inspector; and upon producing to such Inspector such Weights and Measures as shall be required for such City, Town or Incorporated Village, it shall be the duty of the
said Inspector carefully to compare and adjust, and to seal, stamp or fee for ctomning mark the same as provided by law; and that the Inspector, for so doing,
shall be entitled to the same fees or charges as for the like services in Duties and other cases: Provided always, that whenever any such Municipal Body Inspector to be shall have appointed an Inspector of Weights and Measures, and Inspector for the obtained such copies of the Standard Weights and Measures for the use
of any such City, Town or Incorporated Village, the powers, duties and liabilities of the Inspectors appointed or to be appointed under the previous provisions of this Act, as to such City, Town or Incorporated
powers of District
Village, shall cease, and thenceforth devolve upon and be exercised by the Inspector thereof.
SURVEYS AND BOUNDARIES.
EXTRACTS FROM ACT 12 VIC., CAP. 35.
sures to be kept
sioners of Crown
have a standard to check their measures by.
An Act to repeal certain Acts therein mentioned, and to make better
provision respecting the admission of Land Surveyors and the
Survey of Lands in this Province. XII. And be it enacted, That the Commissioner of Crown Lands Standard mea." shall procure a Standard of English Measure of length, and a Standard by the comme of the old French Measure of length, compared with and corrected by Lands the Standards for such Measures established in this Province, which shall remain in his office for the purpose of comparing therewith the Standards to be kept by each Surveyor as hereinafter provided.
XIII. And be it enacted, That each and every Land Surveyor duly Surveyors to admitted, and practising, or who shall be hereafter admitted for Upper ha or Lower Canada, shall procure, and shall cause to be examined, cor- mea rected and stamped, or otherwise certified, by the Commissioner of Crown Lands, or some one by him deputed for that purpose, a Standard Measure of length, urder the penalty of the forfeiture of his License or Certificate, and shall previously to proceeding on any survey, verify the length of his chains and other instruments for measuring by such standard.
XIV. And be it enacted, That from and after the passing of this Punishment of Act, if any person or persons shall, in any part of this Province, inter- Surveyors on rupt, molest, or hinder any Land Surveyor, while in the discharge of his duty as a Surveyor, such person or persons shall be deemed to have been guilty of a misdemeanor, and being thereof lawfully convicted in any Court of competent jurisdiction, may be punished either by fine or imprisonment, or both, in the discretion of such Court, such imprisonment being for a period not exceeding two months, and such fine not exceeding five pounds, without any prejudice to any civil Civil remedy not remedy which such Surveyor or any other party may have against tak such offender or offenders, in damages by reason of such offence; and any Land Surveyor, when engaged in the performance of the duties of Powers to Surbis profession, shall be, and he is hereby authorized and empowered to ine certain lines; pass over, measure along, and ascertain the bearings of any Township damage.
veyors to exam
doing no actual
ments may be
points in Town
line, concession or range line, or other governing line, or side line, and for such purposes to pass over the lands of any person whomsoever, doing no actual damage to the property of such person, any law to the contrary notwithstanding.
XXII. And be it enacted, That the measure for Land in Lower Canada fixed. Canada shall be the same as it was before the year of our Lord one
thousand seven hundred and sixty, in all grants of Seigniories, and in the Concessions which have therein been made up to the present time, but in the Townships of Lower Canada the measure for Land shall be English measure.
XXVI. And whereas it is expedient to provide means for ascertaining and permanently defining and marking the angles and boundary
lines of Townships or Concessions in Upper Canada: Be it therefore Stone monu. enacted, That stone monuments or monuments of other durable materiplaced at certain als, shall be placed at the several corners, governing points or offsets of ships in U. c. every Township that hath been surveyed, or may hereafter be surveyed
in Upper Canada, and also at each end of the several Concession Lines of such Townships; and that lines drawn in the manner hereinafter prescribed from the monuments so erected, or to be erected, shall be taken and considered to be the permanent boundary lines of such Townships and Concessions, respectively.
XXVII. And be it enacted, That the monuments to be placed as Home the com. above mentioned shall be so placed under the direction and order of
the Commissioner of Crown Lands of this Province.
XXVIII. And be it enacted, That the courses and lengths of the aforesaid in u. said boundary lines, so ascertained and established, shall on all occa
ed sions be and be taken to be the true courses and lengths of the bound
ary lines of the said Townships and Concessions, in Upper Canada, whether the same do or do not, on actual survey, coincide with the courses and lengths in any Letters Patent of Grant or other Instrument mentioned and expressed in respect of such boundary lines.
XXIX. And be it enacted, That if any person or persons sha bu defacing orang knowingly and wilfully pull down, deface, alter or remove any such marks in U.C. monument so erected as aforesaid, in Upper Canada, such person or
persons shall be adjudged guilty of felony; and if any person or persons shall knowingly and wilfully deface, alter or remove any other landmark, post, or monument placed by any Land Surveyor, to mark any limit, boundary or angle of any Township, Concession, range, lo or parcel of land, in Upper or in Lower Canada, such person or persons shall be deemed guilty of a misdemeanor, and being convicted ther
To be placed under the direc
missioner of Crown Lands.
Boundaries ascertained as
C. to be deemed the true ones.
placed in Upper
the application of
before any competent Court, shall be liable to be punished by fine or imprisonment, or both, at the discretion of such Court, such fine not to exceed Twenty-five pounds, and such imprisonment not to be for a longer period than Three months, without any prejudice to any civil remedy which any party may have against such offender or offenders in damages, by reason of such offence; Provided that nothing herein Proviso as to contained shall extend to prevent Land Surveyors, in their operations, Surveyors. from taking up posts or other boundary marks when necessary, after which they shall carefully replace them as they were before.
XXX. And be it enacted, That it shall not be necessary for the Monuments to be Commissioner of Crown Lands to proceed to carry the provisions of Canada except on the Twenty-sixth, Twenty-seventh and Twenty-eighth Sections of this the Municipal Act into execution, until an application for that purpose shall have been made to the Governor by the District Council of the District in Upper Canada, in which the Township or Townships interested may be situate, who shall cause the sum requisite to defray the expenses to be incurred, or the proportion thereof payable by the inhabitants of any Township or Concession, to be levied on the said inhabitants, in the same manner as any sum required for any other local purpose authorized by law may be levied.
XXXI. And whereas in several of the Townships in Upper Canada, Recital. some of the Concession lines, or parts of the Concession lines, have not been run in the original survey performed under competent authority, and the surveys of some Concession lines or parts of Concession lines have been obliterated, and owing to the want of such lines the inhabitants of such Concessions are subject to serious inconvenience: Be it therefore enacted, That it shall be lawful for the District Council of the In what cases the District in which any Township in Upper Canada may be situate, on cil may apply 10 application of one half of the resident land-holders in any Concession, placed, U.C. (or without such application if the said Council shall deem it necessary,) to make application to the Governor, requesting Him to cause any such line to be surveyed, and marked by permanent stone boundaries under the direction and order of the Commissioner of Crown Lands, in the manner prescribed in this Act, at the cost of the proprietors of the lands in each Concession or part of a Concession interested; and it shall be Expenses to be lawful for such District Council to cause an estimate of the sum requi- provided for. site to defray the expenses to be incurred to be laid before them, in order that the same may be levied on the said proprietors, in proportion to the quantity of land held by them respectively in such Concession or part of a Concession, in the same manner as any sum required for any
Legal effect of other purposes authorized by law may be levied; and the lines or parts the