rates; Table of regulations and fees to the ferry; several Districts of this Province, in their General Quarter Sessions assembled, and they are hereby authorized and empowered, from time to time, to make and ordain such rules and regulations as to them, or to the greater part of them, may appear necessary and proper to be ob served and followed at such Ferry or Ferries, by the person or persons And to assess the attending the same, or having the charge thereof; and also to establish and assess such rates and fees as the person or persons attending such Ferry or Ferries shall and may demand and receive for the passage of persons, cattle, carriages or wares thereat; a list or table of which rules be posted up at and regulations, rates and fees, shall be set up in some conspicuous place at every such Ferry or Ferries, for public inspection; and any person attending, or having charge of a Ferry, who shall be convicted before any one Justice of the Peace, of demanding or receiving any higher or greater rate or fee than such as shall be so established, assessed and allowed, or of any breach of any such rules and regulations so made and ordained, as aforesaid, shall for every such offence forfeit and pay the sum of twenty shillings, to be recovered before any one Justice of the Peace, and levied by distress and sale of the offender's goods and chattels; one half of which penalty shall be paid to the informer or informers, and the other half to the Treasurer of the District wherein the same may arise, to be applied to the public use of the District. Penalty for a Ferry-man convicted of a breach; Penalty how to be recovered and disposed of. What shall be deemed a common and public highway. HIGHWAYS. UPPER CANADA ACT, 50 GEO. III., CAP. 1. wwww An Act to provide for the laying out, amending and keeping in repair, the Public Highways and Roads in this Province, and to repeal the Laws now in force for that purpose. (Repealed, excepting the two following Sections.) XII. And be it further enacted by the authority aforesaid, That all allowances for roads made by the King's Surveyors in any Town, Township or place already laid out, or which shall be made in any Town, Township or place within this Province; and also all roads laid out by virtue of any Act of the Parliament of this Province, or any roads whereon the public money hath been expended for opening said roads throughout this Province, or whereon the Statute Labour hath been usually performed, or any roads passing through the Indian Lands, shall be deemed common and public highways, unless any such roads have been already altered according to law, or until such road or roads shall be altered according to the provisions of this Act. of roads under this Act, ve ted XXXV. And be it further enacted by the authority aforesaid, That Soil and freehold when any highway or road shall be altered, amended or laid out, under the provisions of the provisions of this Act, that the soil and freehold of such highway in His Majesty, or road, shall be thereby vested in His Majesty, His Heirs and Successors. Successors. HOUSES OF INDUSTRY. UPPER CANADA ACT, 7 WM. IV., CAP. 24. An Act to authorize the erection, and provide for the maintenance of [So much of the first section as vests any powers granted thereby in the Grand Juries, or the Heirs and Whereas it is expedient and necessary to provide a House of Preamble. Industry in the several Districts of this Province, and to provide three successive Grand Juries, procure plans, employment for the indigent and idle: Be it therefore enacted, &c., That After the prethe Court of General Quarter Sessions of the Peace, to be holden in each sement of District, after the presentment of three successive Grand Juries recom- Justices in Quarmending the same, it shall be the duty of the Justices of the said Dis- ter Sessions to trict to procure plans and estimates for the erection of suitable buildings purchase site, for the reception and employment of the poor and indigent, and of the of Industry. idle and dissolute, and to procure or purchase a suitable site whereon to erect the and erect a House than one thou same, and to contract for the erection thereof; Provided the Not to cost more: expense thereof shall not exceed the sum of one thousand pounds; and sand pound. also to appoint five Inspectors, who shall have the inspection and government of the said House, with, full power to appoint a Master, Mistress, and such needful assistance for the immediate care and oversight of the persons received into or employed in that House; which Inspectors, once every month, and at such other times as occasion may require, shall meet for the purpose of determining the best method of discharging the duties of their office, and at such meetings shall have full power to make such needful orders and regulations for the government of the said house, and to alter the same from time to time as they may think expedient, and all such by-laws for the ordering and regulating the said House, and the affairs thereof, as may be necessary, the same not being repugnant to the laws of the land. II. [Repealed] mit persons to III. And be it further enacted by the authority aforesaid, That any Justices of the two of His Majesty's Justices of the Peace, or of the Inspectors appointed, Peace may comas aforesaid, are hereby authorized, empowered and directed, to commit to such House, by writing under their hands and seals, to be employed the House of Industry. Who may be sent into Houses of Industry. and governed according to the rules, regulations and orders of said House, any person or persons residing in the District that are by this Act declared liable to be sent thither. IV. And be it further enacted by the authority aforesaid, That the persons who shall be liable to be sent into, employed and governed, in the said House, to be erected in pursuance of this Act, are all poor and indigent persons, who are incapable of supporting themselves; all persons able of body to work and without any means of maintaining themselves, who refuse or neglect so to do; all persons living a lewd, dissolute, vagrant life, or exercising no ordinary calling, or lawful business sufficient to gain or procure an honest living; all such as spend their time and property in public houses, to the neglect of their lawful calling. V. And be it further enacted by the authority aforesaid, That all Inspectors to keep accounts. Inspectors appointed in pursuance of this Act, shall keep an account of the charges of erecting, keeping, upholding and maintaining such House, together with an account of all materials found and furnished, together with the names of the persons received into such House, as well as of those discharged therefrom, and also of the earnings; one copy of which shall be presented to the Justices of the Peace of each District once in every year, or oftener when required by such Justices in General Quarter Sessions assembled, and one copy to each Branch of the Legislature. Persons sent to ly employed in labour. VI. And be it further enacted by the authority aforesaid, That all try to be diligent and every person committed to such House, if fit and able, shall be kept diligently employed in labour during his or her continuance there; and in case the person so committed or continued shall be idle, and not perform such reasonable task or labour as shall be assigned, or shall be stubborn, disobedient or disorderly, he, she, or they, shall be punished according to the rules and regulations made or to be made for ruling, governing, and punishing, persons there committed. Pound keepers to provide them seives with en TOWNSHIP OFFICERS. UPPER CANADA ACT, 1 VIC., CAP. 21. An Act to alter and amend sundry Acts regulating the appointment and duties of Township Officers. (Repealed, except the following Sections.) XXXII. And be it further enacted by the authority aforesaid, That it shall be the duty of any Pound Keeper appointed under the provi may impound all anirunning at large, with food and claimed, and not paid, they sions of this Act, to provide himself with sufficient yards or enclosures closures, and to for the safe keeping of all such animals as it may be his duty to im- mals unlawfully pound, and he is hereby authorised and required to impound all animals and furnish them unlawfully running at large, trespassing and doing damage, that drink; be delivered to him by any persons resident within his division taking (Sec. 43 Geo. III. up the same; and it shall be his duty to furnish the same with neces- Cap. 10, Sec. 4.) sary food and drink; and if after the space of forty-eight hours the If animals not said animals shall not be claimed and redeemed by the owner, or some lawful demands one on his behalf, paying the Pound Keeper his lawful demand and may, after legal charges, and the amount of damages awarded, in the manner herein- notice, be sold; after mentioned, to have been done by such animals, to the person taking up the same, he shall cause a notice in writing to be affixed in three public places in the Township for at least fifteen days, which notice shall give a description of such animals, and also state the time and place at which he intends to expose the same for sale; and if the owner of such animals, or some one in his or her behalf, does not within the time specified in such notice, as aforesaid, redeem the same, by paying to the said Pound Keeper his legal fees, which shall be regulated from time to time by the Town Wardens of each Township, who are hereby required to regulate the same, and furnish the copy or schedule to the Township Clerk for the information of the Pound Keepers, and charges, and the damages awarded to the person taking up such animals, the said Pound Keeper shall proceed to sell the same to the highest bidder, at the time and place mentioned in the said notice, which sale is hereby declared to be valid in law; and the said Pound Keeper shall, after deducting his own legal charges and the damages awarded to the person taking up the said animals, provided he is the party injured, return the overplus (if any there be) to the original owner: Provided always, that if no person shall appear to claim the said animals within the space of three months after public notice and sale, as aforesaid, the said Pound Keeper shall pay the overplus (if any) into the hands of the Township Clerk for the time being, to be laid out and expended for the improvement of the roads and bridges within the said Township. Overplus arising from sale to be owner, if returned to claimed. when horses, oxen or cows, are impounded, and known; XXXIII. And be it further enacted by the authority aforesaid, How to proceed That if any ox or oxen, horse or horses, cow or cows, shall be impounded, as aforesaid, and not claimed before the expiration of fifteen days, owners are not as aforesaid, and the owner thereof shall not be known by the said Pound Keeper, then and in that case the Pound Keeper shall not sell such ox or oxen, horse or horses, cow or cows, at the time stated in such notice, but shall postpone the sale thereof for the space of forty days, at the expiration of which time such Pound Keeper shall proceed Owners may redeem. Persons taking up cattle to be state their de mands in writ ing; to sell the same, and dispose of the proceeds in the manner mentioned in the last preceding clause of this Act: Provided always, that the owner of the same may at any time before such sale redeem such animal or animals by paying demands, as aforesaid. XXXIV. Provided also, and be it further enacted by the authority impounded, must aforesaid, That it shall be the duty of all and every person taking any animal or animals to a Pound Keeper to be impounded, at the same time, or within twenty-four hours, to state in writing to the said Pound Keeper, all demands he may have against the owner of such animal or animals, for damages done by them; and in case the owner of such animal or animals shall tender to the Pound Keeper the full sum which shall or may be awarded as damages to the party suffering the same, with the costs then incurred, such owner shall not be liable to any costs afterwards incurred, but all such subsequent costs in such case shall be borne by the party claiming extravagant damages. Party claiming extravagant Damages to pay costs. Three freeholders may appraise damages, and determine upon fences; Cap. 12, Sec. 5.) XXXV. And be it further enacted by the authority aforesaid, That it shall be the duty of the Pound Keeper, and he is hereby authorised the lawfulness of and required, when the owner of any animal impounded shall object to the amount of damages claimed, within forty-eight hours after the same (See 4 Wm. I have been impounded, as aforesaid, to notify three disinterested resident freeholders or householders, farmers in the said Township, to appraise the damages, and also to judge of the sufficiency of the fence enclosing the ground wherein such animals were found doing damage; and such freeholders or householders, farmers, or any two of them, shall within twenty-four hours after the receipt of such notice, view said fence, and determine whether the same is a lawful fence according to the regulations of the Township meeting on the subject, and if so appraise the damage done; and having reduced this their award to writing, shall deliver the same, signed with their names, to the Pound Keeper, within the space of twenty-four hours after having been so notified: Provided Persons refusing always, that if any person shall neglect or refuse to attend to examine said damage after being notified, as aforesaid, he shall be liable to a penalty of five shillings for every such neglect or refusal, to be recovered and applied in the same manner as fines imposed by this Act for refusPersons liable for ing or neglecting to perform Statute labour: Provided always, that the owner of any animal or animals not permitted to run at large by the regulations of such Township meeting, shall be liable for any damage done by such animal or animals, notwithstanding that the fence enclosing the premises was not of the height required by the said regulations. to appraise may be fined; damage, if cattle unlawfully allowed to run at large. |