and twelve. 12 10 & 11 Vict. Cap. 39, An Act to divide the Western District of the Pro-Sections three, four, ten, eleven Western District. vince of Canada, and for other purposes therein mentioned, 13 10 & 11 Vict. Cap. 41, An Act to establish Lock-up Houses in the unin-Sections five and six. Lock-up Houses. corporated Towns and Villages in Canada West. FERRIES. UPPER CANADA ACT, 37 GEO., III, CAP. 10. An Act for the Regulation of Ferries. [Passed 3rd July, 1797.] [By the Municipal Corporations Repeal Act, 12 Vict. Cap. 80, so much of this Act as vests any powers in the Magistrates in Quarter Sessions is repealed; and so much of it is continued in force as relates to the duties of persons attending or having charge of Ferries, the penalties to be incurred by them, and the infliction and recovery thereof.] Vide as to Ferries, Municipal Corporations Act, 12 Vic., Cap. 81, Secs. 34 and 83. THEREAS it is necessary for the convenience of His Majesty's be Quarter Sessions W Subjects, that Ferries should be put under proper regulations Preamble. within this Province: Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, intituled, " An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, intituled, An Act for making more effectual provision for the Government of the Province of Quebec, in North America,' and to make further provision for the Government of the said Province," and by the authority of the same, That from and after the passing of this Act, it shall and may lawful for His Majesty's Justices of the Peace, in and for the several Districts of this Province, in their General Quarter Sessions assembled, and regulations; 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 observed and followed at such Ferry or Ferries, by the person or persons 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 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 H to ordain rules And to assess the rates; Table of regula- Penalty for a victed of a breach; attending, or having charge of a Ferry, who shall be convicted before Ferry-man con- any one Justice of the Peace, of demanding or receiving any higher or greater rate or fee than such as shall be so established, asssessed 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 how to be recovered and disposed of. What shall be deemed a common and public highway. Soil and freehold of roads under the provisions of His Heirs and Preamble. HIGHWAYS. UPPER CANADA ACT, 50 GEO. III., CAP. 1. 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. [Passed 12th March, 1810.] (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. XXXV. And be it further enacted by the authority aforesaid, That when any highway or road shall be altered, amended or laid out, under the provisions of this Act, that the soil and freehold of such highway or road, shall be thereby vested in His Majesty, His Heirs and Successors. An Act to authorise the erection, and provide for the maintenance of Houses of Industry in the several Districts of this Province. [Passed 4th March, 1837.] [So much of the first section as vests any powers granted thereby in the Grand Juries, or the Magistrates in Quarter Sessions, or limits the expenditure, and the whole of the second section are repealed.-Vide Municipal Corporations Act, 12 Vic., Cap. 81, Sec. 41, sixthly; and also same act, Sec. 107, firstly.] THEREAS it is expedient and necessary to provide a House of W Industry in the several Districts of this Province, and to provide employment for the indigent and idle: Be it therefore enacted, &c., That the Court of General Quarter Sessions of the Peace, to be holden in each District, after the presentment of three successive Grand Juries recommending the same, it shall be the duty of the Justices of the said District to procure plans and estimates for the erection of suitable buildings for the reception and employment of the poor and indigent, and of the idle and dissolute, and to procure or purchase a suitable site whereon to erect the same, and to contract for the erection thereof: Provided, the expense thereof shall not exceed the sum of one thousand pounds; and 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.] III. And be it further enacted by the authority aforesaid, That any two of His Majesty's Justices of the Peace, or of the Inspectors appointed, as aforesaid, are hereby authorised, empowered and directed, to commit to such House, by writing under their hands and seals, to be employed 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 person 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 Inspectors appointed in pursuance of this Act, shall keep an account of keep accounts. 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. VI. And be it further enacted by the authority aforesaid, That all 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. Persons sent to try to be diligently employed in House of Indus labour. Pound keepers to provide themselves with enclosures, and to impound all anirunning at large, and furnish then mals unlawfully with food and drink; (Sec 43 Geo. III. Ch. 10, Sec 4.) If animals not claimed, and lawful demands not paid, they notice, be sold; 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. [Passed 6th March, 1838.] (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 provisions of this Act, to provide himself with sufficient yards or enclosures for the safe keeping of all such animals as it may be his duty to impound, and he is hereby authorised and required to impound all animals unlawfully running at large, trespassing and doing damage, that may be delivered to him by any persons resident within his division taking up the same; and it shall be his duty to furnish the same with necessary food and drink; and if after the space of forty-eight hours the said animals shall not be claimed and redeemed by the owner, or some one on his behalf, paying the Pound Keeper his lawful demand and charges, and the amount of damages awarded, in the manner hereinafter mentioned, to may, after legal 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 returned to owner, if claimed. How to proceed when horses, oxen or cows, and owners are not known; XXXIII. And be it further enacted by the authority aforesaid, That if any ox or oxen, horse or horses, cow or cows, shall be impounded, as are impounded, aforesaid, and not claimed before the expiration of fifteen days, 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 to sell the same, and dispose of the proceeds in the manner mentioned in the last preceding redeem. clause of this Act: Provided always, that the owner of the same may at Owners may any time before such sale redeem such animal or animals by paying demands, as aforesaid. up cattle to be state their de mands in writ ing; XXXVI. Provided also, and be it further enacted by the authority Persons taking aforesaid, That it shall be the duty of all and every person taking any impounded, must 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, Party claiming with the costs then incurred, such owner shall not be liable to any costs extravagant afterwards incurred, but all such subsequent costs in such case shall be damages to pay borne by the party claiming extravagant damages. 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 and required, when the owner of any animal impounded shall object to the amount of damages claimed, within forty-eight hours after the same 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 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 refusing 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. TORONTO CITY. UPPER CANADA ACT, 4 WM. IV., CAP. 23. An Act to extend the limits of the Town of York; to erect the said Town into a City; and to incorporate it under the name of the City of Toronto. [Passed 6th March, 1834.] (Repealed, excepting the following.) XCVI. Provided always, that no person shall have a right to vote for a member to represent the County of York, or any Riding thereof, in respect to any property situate within the limits of the City of Toronto or the Liberties thereof. costs. Three freehold- determine upon (See 4 Wm. IV. Chap.12, Sec. 5.) Persons refusing to appraise may be fined; Persons liable for damage, if cattle unlawfully large. allowed to run at No person to vote any Riding, in respect to property for the County, or within the City or Liberties. |