XCVII. And be it further enacted by the authority aforesaid, That whenever in any Act of Parliament, proclamation, letters patent, record, writ, or other legal proceeding, deed, will, instrument, or writing of any kind or description, the name of "York" is or shall be used, with intention to apply it to the place commonly called the Town of York, in this Province, or to any part of the Township of York, included by this Act within the said City or the Liberties thereof, the City of Toronto or the Liberties thereof shall, according to the locality, be taken to have been meant and intended, and the name Toronto shall, to all intents and for all purposes, stand in the contemplation of law in the stead and place of York, whenever the name of York is applied to any place within the said City of Toronto or the Liberties thereof, and shall be so understood and applied by all Courts, Judges and Justices, and by all persons concerned in any public act or duty; and that it shall be lawful for the Governor, Lieutenant-Governor, or Person Administering the Government of this Province, to give to any Village, Town, Township or place in this Province, now bearing the name of Toronto, such other name or names as to him may seem fit; and from the time of such name or names being ' changed, by official notification in the Upper Canada Gazette, all and every the provisions in this clause contained for carrying the change of name into effect, with respect to the City and Liberties of Toronto, shall in like manner to apply to and be in force in respect to such other place or places of which the name may be changed, according to the nature of the case, Executive Councillors to have jurisdiction as Justices of the Peace in the City of Toronto. UPPER CANADA ACT, 3 VIC. CAP. 47. An Act to continue an Act passed in the seventh year of the reign of His late Majesty King William the Fourth, intituled, "An Act to alter and amend an Act passed in the fourth year of His Majesty's reign, intituled, '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." " [I. Repealed.] [Passed 10th February, 1840.] II. And be it further enacted by the authority aforesaid, That Her Majesty's Executive Councillors in and for this Province, being Justices of the Peace in and for the Home District, shall and may exercise jurisdiction over offences committed within the said City of Toronto as such Justices, any thing in the said Act, intituled, "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," to the contrary thereof notwithstanding. [See 7, Wm. 4, Cap. 39; 4, Wm. 4, Cap. 23.] An Act to authorise the Trustees of the Market Reserve in the Town of Niagara, to raise a sum of money for certain purposes therein mentioned. [Passed 11th May, 1839.] [Repealed, with the exception of so much of the second section as reserves any privileges or advantages to certain Lessees and Tenants, or their Assigns.] II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Robert Dickson, John Claus, and Lewis Clement, and their successors in office of the trust, and they are hereby authorised and empowered to mortgage or place in security the said lots number sixty-five and sixty-six, to any person willing to lend the said sum of fifteen hundred pounds, on such terms as may be mutually agreed upon, for the purpose of securing the re-payment thereof with interest, such interest not to exceed six per centum per annum; saving and excepting nevertheless, to all and every lessee, tenant, or their assignees, now entitled to the occupation or interest of or in any lot heretofore leased, all those privileges and advantages vested in them, or which they or their assignees may be entitled to under and by virtue of any original lease heretofore at any time granted. Market reserva tion may be mortgaged to secure the money borrowed under this Act. MILITIA COMMUTATION MONEY. ACT 4 & 5 VIC., CAP. 2. An Act to Amend the Militia Laws of that part of this Province formerly constituting the Province of Upper Canada. [Passed 17th August, 1841.] [Revived by 12 Vic. Cap. 88.] WHEREAS incon And whereas apprehension exists among a HEREAS great inconvenience has been experienced in collecting numerous and deserving class of Her Majesty's Subjects in this Province, having certain conscientious scruples, that they are subject to excessive fines: Be it therefore enacted, &c., That the fifty second and fifty third sections of the Act of the Legislature of the late Province of Upper Canada, passed in the second year of Her Majesty's Reign, chapter nine, and intituled An Act to repeal, alter and amend the Militia Laws of this Province, be and the same are hereby repealed. II. And be it enacted, that the persons called Quakers, Mennonists, or Tunkers, shall not be compelled to serve in the Militia within that portion of this Province, which formerly constituted the Province of Upper Canada; but every person who shall profess to be one of the people called Quakers, Mennonists, or Tunkers, and shall if required produce a certificate thereof, signed by the Clerk, Pastor, Minister or Elder of the Meeting or Society to which he shall belong, shall be excused and But such persons shall pay a certain annual sum of money in lieu of so serving. The sum to be so paid. Assessors to enter the names of all such persons on the Assessment rolls, and the sum each person is liable to pay. Collection of such sums. Application of such sums. Duty of Path Masters applying such sums; And in accounting for the same. exempted from serving in the said Militia, in the said portion of this Province: Provided nevertheless, that every such person, from the age of sixteen to sixty, so claiming to be excused or exempted, shall on or before the first day of February, in each and every year after the passing of this Act, give in his name and place of residence to the Assessor or Assessors of the Town, Township or Place where he shall reside, and shall pay in each and every year in time of peace, the sum of ten shillings, and in time of actual invasion or insurrection, or when any of the Militia of the District in which such person shall reside shall be called out on actual service, the sum of five pounds; which commutation money shall be in lieu and discharge of such Militia service, and shall be applied as hereinafter provided. III. And be it enacted, that it shall be the duty of the Assessor or Assessors in each Township within the said portion of this Province, and they are hereby required to annex a column to each and every Assessment roll of each and every Town, Township or Place in his or their respective District, and therein to insert the names of every such Quaker, Mennonist or Tunker, and also affix the sum of money so to be paid opposite thereunto, which sums of money it shall be the duty of each and every Collector in each and every Town, Township or Place within this Province, to collect, in the same manner as he is authorized by Law to collect any ordinary Assessment; and such Collector shall pay the same into the hands of the Town Clerk, to be expended within the Township where the same shall have been levied, in aid of any road tax or Assessment raised or levied therein. And the Assessor or Assessors shall transmit a list of the names of all such Quakers, Menonnists or Tunkers by him or them inserted in the Assessment roll, to the Colonel of Militia for the division in which such persons shall respectively reside, within thirty days after such Assessment Roll shall have been completed. IV. And be it enacted, that it shall be lawful to and for the said Town Clerk of such Town, Township or Place, and he is hereby required to pay out the said monies from time to time, to the order of the Road or Path Master of the division wherein such fine shall have been levied, and to be expended on the public Roads, Highways and Bridges within such division. V. And be it enacted, that it shall be the duty of the Path Masters in every Township or Place, and they are hereby required to apply such sum or sums of money from time to time, to the improvement of the Highways, Roads and Bridges, within such Township or Place, after the manner and form, and upon such place or places, as they shall be according to law directed, and to render an account thereof upon oath or affirmation, as the case may be, to the Clerk of such Town, Township or Place, whose duty it shall be to report the same to the Magistrates in General Quarter Sessions assembled; and if any such Path Master, or Penalty on Path Masters neglect Town Clerk, shall fail to render such account, or to pay over and distribute such monies as may come into his hands as aforesaid, he shall for such default be subject to a penalty of ten pounds currency, to be recovered with costs by summary process before any one or more Justices of the peace, for the division or district in which such Town, Township or Place may lie. ing so to account. Prosecution pending against Quakers, Meno nists, or Tunk VI. And be it enacted, that all proceedings in any suit, action or prosecution, which before the passing of this Act, may, under the provisions of the Provincial Act herein first above cited, have been commenced against any such Quaker, Mennonist or Tunker, as aforesaid, for the recovery of any penalty imposed by the said Act, shall cease and be be discontinued. discontinued from and after the passing of this Act. ers, for penalties imposed by the Act first cited, to COURSES. ACT 8 VIC., CAP. 20. An Act to repeal an Act therein mentioned, and to provide for the regulation of Line Fences and Water Courses in Upper Canada. [Passed 17th March, 1845.] [So much of the first section repealed as vests the appointment of Fence Viewers in the inhabitant freeholders and householders, at their annual meetings.-Vide Municipal Corporations Act, 12 Vic., Cap. 81, Sec. 31, fifthly.] W and to make better provision for the regulation of Line Fences and Preamble. HEREAS it is expedient to repeal the Act hereinafter mentioned, to be chosen at Water Courses in Upper Canada: Be it therefore enacted, &c., That it shall and may be lawful for the inhabitant freeholders and householders Fence Viewers of each and every Township in that part of this Province formerly Upper Township MeetCanada, at their annual Township Meeting for the election of Township ings, and to be Officers, to choose from among the inhabitants of the said Township, in Township Officers within the the same manner as by law other Township Officers are chosen, not meaning of 1 less than three nor more than twelve fit and proper persons to serve the Vict. cap. 4. office of Fence Viewers, who shall perform the duties hereinafter prescribed to Fence Viewers, which Fence Viewers are hereby declared to be Township Officers within the meaning of the Act of Upper Canada passed in the first year of Her Majesty's Reign, and intituled, An Act to alter and amend sundry Acts regulating the appointment and duties of Township Officers, and shall accordingly make the like declaration, and shall be liable to all the penalties by the said Act imposed for neglect or refusal to perform their duties, and shall be bound by all the provisions thereof applicable to Township Officers generally. II. And be it enacted, That each of the parties occupying adjoining tracts of land, shall keep up, make and repair, a fair and just proportion of the Division or Line Fence between their several tracts of land, which Line Fence shall be made on the line dividing such tracts of land, and equally on either side thereof: and that where there shall be a dispute between the parties as to the commencement or extent of the part of the said Division or Line Fence which either party may claim or refuse to make or repair, it shall and may be lawful for either party to submit the same to the determination and award of three Fence Viewers, which Fence Viewers are hereby authorized and required, upon being duly notified by either party in such case, to attend at the time and place stated in such notice, and after being satisfied that the other party or parties in the case have been duly notified to appear at the same time and place, to proceed to examine the premises; and such Fence Viewers or any two of them shall determine any and every dispute in the matter aforesaid between the said parties: And the award and determination of such Fence Viewers or any two of them on the matters aforesaid, shall be binding on the parties as far as concerns the making or repairing of such Division or Line Fence, and from thenceforth the occupier or occupiers of the said tracts or parcels of land shall respectively make and repair and keep in repair that part of such Division or Line Fence which shall have been assigned in such award or determination to the occupier or occupiers of such tract or parcel of land, which determination and award shall be made in writing and signed by such Fence Viewers or a majority of them and filed with the Town Clerk, and a copy of the same if so required given to each of the said parties: Provided always, that when by reason of any material change of circumstances in respect to the improvement and occupation of adjacent lots or Fence Viewers shall have pow- bours, to assign Fence he is up. Award how to enforced. be made and Proviso, in certain cases, a new award may be obtained, If either party refuse to make his share of a other party may make it and recover the costs. parcels of land, an award which has been made under this Act shall cease, in the opinion of either of the parties, to be equitable between them, it shall be in the power of either to obtain another award of Fence Viewers by the same mode of proceeding as is herein before directed: and that if the Fence Viewers who shall have been called upon to make such subsequent award shall find no reason for making an alteration, the whole cost of such reference shall be borne by the party at whose instance it shall have been made. III. And be it enacted, That if any party who may be in the occupation of any tract or parcel of land, shall neglect or refuse to make or Line Fence, the repair (as the case may be) an equal or just proportion of the Division or Line Fence between such tract or parcel of land and the adjoining tract or parcel of land, for a period of thirty days after being required by a demand in writing, by the party occupying such adjoining tract or parcel of land, or after the award of the Fence Viewers as aforesaid, to make or repair such equal or just proportion of the Division or Line Fence, or if the party making the demand shall for such period neglect or refuse to make or repair an equal or just proportion of the Division or Line Fence, it shall and may be lawful for either of the said parties, after first completing his own proportion of such Fence, to make or repair, in a substantial manner and of good sound materials, the whole or any part of the said Division or Line Fence, which ought to have been by the other party made or repaired, and to recover, in the manner hereinafter mentioned, of the party who may have neglected or refused in manner aforesaid to make or repair such proportion of the Division or Line Fence, the just and full value of such proportion not exceeding the sum of two shillings and six pence per rod, to be ascertained and determined in the manner hereinafter provided: Provided always, that any Fence coming within the meaning and intent of the resolution adopted by the inhabitant householders and freeholders, at their last annual Township Meeting, shall be considered by all Fence Viewers to be a lawful Fence, and when no such resolution shall have been adopted, then and in that case it shall be lawful for such Fence Viewers, when called upon, to exercise their own judgment and decide what they consider to be a lawful Fence. Proviso: a considered suffi cient if it be within the de scription decla red to be so by resolution of the Township meeting. If there be no resolution, Fence Viewers to have a discretion. A Justice of the Peace may enforce payment of the costs of the Fence made by a party for his neighbour under the next preceding sec tion, first procurFence Viewers. ing a report of Duty of the Fence Viewers in making such report. IV. And be it enacted, That it shall and may be lawful for any Justice of the Peace, residing within the Township in which such Fence may be situated, and if there be no such Justice residing in the said Township, then any other Justice of the Peace residing in any adjacent Township, and he is hereby required, upon the demand of any party interested, to issue a Summons under his hand and seal directed to three Fence Viewers (by their proper names) of the Township in which such Fence is situated, requiring them to attend at the place and on the day and hour therein mentioned, to view such Fence and to appraise the same; and also to issue a Summons to the party so having neglected or refused to make or repair such proportion of the Division or Line Fence, (who shall thenceforth be considered as the party defendant in the case,) requiring him or them to appear at the same time and place, to shew cause why the party claiming payment as aforesaid (who shall thenceforth be considered as the party plaintiff in the case) should not recover the same. V. And be it enacted, That such Fence Viewers, upon being personally served at least four days previously with such summons, and any two of them being there then present, and after having duly examined the Fence and received evidence, which, if required by either party, and if the said Fence Viewers shall think it expedient, shall be given under oath, they or any two of them shall determine whether the said |