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paid to be includ
XVII. And be it enacted, That the fees hereinbefore allowed shall Fees actually be included in the execution to be issued by the Cierk of the Division ed in the execuCourt as aforesaid, upon the party in whose favour the determination of the Fence Viewers shall be made, making an affidavit that the same have been duly paid and disbursed to the said parties respectively, (and which affidavit the said Clerk is hereby empowered to administer), and when recovered shall be paid over by the said Clerk to the said party entitled to recover the same.
XVIII. And be it enacted, That the words “Upper Canada” wherever Interpretation they occur in this Act shall mean all that part of this Province which formerly constituted the Province of Upper Canada; that the word “party" in this Act shall include any person or persons, body or bodies politic or corporate; and that all words importing the singular number or the masculine gender only, shall include several persons, matters or things of the same kind as well as one person, matter or thing, and females as well as males, unless there be something in the subject or context inconsistent with such interpretation.
XIX. And be it enacted, That the Act of the Legislature of Upper Act of U. C. 4 Canada, passed in the fourth year of the Reign of His late Majesty King 13, repealed.' William the Fourth, and intituled, An Act to regulate Line Fences and Water Courses, and to repeal so much of an Act passed in the thirtythird year of His late Majesty King George the Third, intituled, “ An Act to provide for the nomination and appointment of Parish and Town Officers within this Province," as relates to the office of Fence Viewers being discharged by Overseers of Highways and Roads, shall be and the said Act is hereby repealed upon, from and after the first day of April next: Provided always, that the repeal of the said Act Provi shall not be construed to revive any Act or part of an Act thereby repealed.
ALLOWANCES FOR ROADS.
ACT 9 V I C., CAP. 8.
An Act to prevent the opening of Government Allowances for Roads
without an order from the District Council of the District in
which the said Allowances are situate. Whereas in consequence of roads established by Law, parallel or Preamble. near to Government allowances for roads and in lieu thereof, the said allowances for roads have for years remained closed and in the possession
allowa cc for
of private persons; And whereas great inconveniences may arise in con
sequence of the said allowances being thrown open without due notice No Government thereof being given : Be it therefore enacted, &c., That from and after roads to be the passing of this Act no allowance for road sh:ll be opened unless an an order of the Order ordering the same to be opened shall be first made by the District
Council of the District in which the allowance is situated; Provided always, that no such Order shall be made, unless a notice in writing that an application for that purpose will be made shall have been given to the party in possession of such allowance for road, at least eight days previous to the meeting of the District Council at which such application is intended to be made.
ACT 10 & 11 VIC., CAP. 39.
For unrepealed Sections, see page 205.
ACT 10 & 11. VIC., CAP. 41.
$. to ap
and fix their salaries.
An Act to establish Lock-up-Houses in the unincorporated Towns and Villages of Canada West.
(Repealed, except the following Clauses.] District Councils to establish Lock. III.* And be it enacted, That it shall be lawful for each such Disup Houses and the Magistraten trict Council to establish a Lock-up-House in any such Town or Village poine Keepers containing not less than one hundred adult inhabitants, and not being
distant less than ten miles froin the District Town: And that the said Lock-up-Houses shall be severally placed in the charge and keeping of a constable, to be specially appointed for that purpose by the Magistrates of the District in which such Town or Village may be situated, at any General Quarter Sessions of the Peace for the said District; and such Constable shall be resident in such Town or Village, and be one of the Constables of the Township in wbich such Town or Village may be situated, and the said Justices in Quarter Sessions may allow such salary or fees as they may think proper to such Constable.
* Section three is not mentioned in the repealing Schedule of the Act 12 Vic., cap. 80 ; nor it mentioned in the saving Schedule. We take it, the efore, that the clause is still in force.
Justices of the
· V. And be it enacted, That it shall be lawful for any Justice of the Justices of the in
Peace, residing at or near any Town or Village where a Lock-up-House or near the town may have been established, or nearer to the same than to the District commit person's Town, to authorize by written order to confinement or detention therein certain crimes to of any person or persons who may be charged on oath with having com- House. mitted any criminal offence, and whom it may be lawful and necessary to detain until such person may be examined and fully committed for trial to the Common Jail, or dismissed as the case may be, so as such confinement or detention shall not exceed the period of two days: And also, all persons found in the streets or highways in a state of intoxication, and all persons who may have been convicted of unlawfully desecrating the Sabbath, and generally all persons convicted, on view of such Justice of the Peace, or on the oath of one or more credible witnesses, of any offence cognizable by the law of that part of this Province, formerly Upper Canada, so as such detention or confinement in any of the last mentioned cases shall not exceed the period of twenty-four hours: And to authorize the detention therein of any person committed to the Common Jail, until such person can be conveyed to such Jail.
VI. And be it enacted, That the expense of conveying any prisoner to, and detaining and keeping him or her in any such Lock-up-House, veying prisoners shall be defrayed in the same manner as the expense of conveying such Houres how deprisoner to and keeping him or her in the Common Jail at the District would by law be.
Expense of con
Since the Schedules to the Municipal Acts were printed, the following
places have been proclaimed, viz: Chatham-Town Chatham,— To consist of all that part of this Province situate in the
County of Kent and lying within the following limits, that is to say: Commencing on the northerly bank of the River Thames, in the limit between lots numbers twenty-three and twenty-four, in the first concession of the township of Dover East; thence, north-westerly, along the said limit to the allowance for road in rear of the said concession; thence, north-easterly, along the south-easterly limit of the said allowance for road and the allowance for road in rear of the first concession of the township of Chatham, to lands owned by Ingram Taylor, Esquire, being near the middle line of lot number two, in the first Concession of the said township of Chatham, divided longitudinally; thence, south, forty-five degrees east to the middle of the river Thames; thence, north-easterly, up the middle of the river to a point in prolongation of the limit between lots numbers two and three, in the first concession from the river Thames, by the western boundary of the township of Harwich; thence, south-easterly, to the limit between the lots numbers two and three last mentioned, and along the said limit and prolongation thereof south-easterly to the south-easterly side of the allowance for road, between the first and second concessions from the river Thames, by the western boundary; thence, south-westerly, along the south-easterly limit of the last mentioned allowance for road to the limit between lots numbers one and two, in the second concession from the river Thames, by the western boundary, in the township of Harwich; thence, south-easterly, along the last mentioned limit to the allowance for road in rear of the second concession aforesaid; thence, south-westerly, along the north-westerly limit of the allowance for road in rear of second concession aforesaid, and along the north-westerly limit of the allowance for road in rear of the second concession by the eastern boundary, of the township of Raleigh, to the limit between lots numbers twenty-three and twenty-four, in the second concession by the eastern boundary of the said township of Raleigh; thence, north-westerly, along the last mentioned limit to the allowance for road between the first and second concessions, by the eastern boundary of the township of Raleigh; thence, south-westerly, along the south-easterly limit of the last mentioned allowance for road to the limit between lots numbers twenty-two and twenty-three, in the first concession, from the
eastern boundary produced, across the allowance for road last mentioned;
The said Northwood Ward to comprise all that part of the said Northwood Ward Town which lies to the north-west of the middle of McGregor's Creek and to the north-west of the middle of the river Thames from the mouth of the said Creek downwards.
The said Ebert's Ward to comprise all that part of the said Town Ebert's Ward. which lies between the middle of McGregor's Creek and the middle of the river Thames from the mouth of the said Creek downwards, and Wellington street and prolongation thereof on a course of south fourteen degrees west to the south-westerly limit of the town.
The said Chrysler's Ward to comprise all that part of the said town Chrysler's Ward. which lies to the south-east of Ebert's Ward aforesaid. [Proclamation made Sept. 28th, 1854, extending boundaries, and transferring to Schedule B.]
Guelph,—To consist of all that part of this Province, situate within Guelph. the County of Wellington, and lying within the following limits, that is to say: Commencing on the south-westerly limit of Dundas Road, Limits. at the easterly angle of lot number two, in the third range of Division G, in the Township of Guelph; thence, south-westerly, along the southeasterly limits of lots numbers two in the third and fourth ranges of Division G, aforesaid, to the southerly angle of the said lot number two in the fourth range; thence, north-westerly, along the north-easterly limit of the allowance for road between the fourth and fifth ranges of Division G, and between Divisions A and E, to the westerly angle of lot number twenty-four in Division A; thence, north-easterly, along the north-westerly limits of lots numbers twenty-four and eight in Division A, and of Park lot number seven in the fourth range of Division A, and across the allowance for road between the third and fourth ranges of Division A; thence, north-westerly, along the north-easterly limit of the last mentioned allowance for road to the westerly angle of the third