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The City of To- XCVII. And be it further enacted by the authority aforesaid, That whenronto to be
ever in any Act of Parliament, proclamation, letters patent, record, writ, understood wherever the or other legal proceeding, deed, will, instrument, or writing of any kind name of York or description, the name of “ York” is or shall be used, with intention to occurs in any Act of Parliament, apply it to the place commonly called the Town of York, in this Prodeed, &e. yince, 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, Governor may Lieutenant-Governor, or Person Administering the Government of this change the name Province, to give to any Village, Town, Township or place in this Proof any place heretofore called vince, now bearing the name of Toronto, such other name or names as Toronto.
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,
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.'"
[Passed 10th February, 1840.] [I. Repealed.]
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.)
Executive Councillors to have jurisdiction as Justices of the Peace in the City of Toronto.
UPPER CANADA ACT, 2 VIC., CAP. 46.
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 Market reserva
tion may be and may be lawful for the said Robert Dickson, John Claus, and Lewis
mortgaged to Clement, and their successors in office of the trust, and they are hereby secure the money authorised and empowered to mortgage or place in security the said lots
this Act. 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.
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.] W HEREAS great inconvenience has been experienced in collecting W fines from Aliens; And whereas apprehension exists among a
Preamble. numerous and deserving class of Her Majesty's Subjects in this Province,
The 52nd and having certain conscientious scruples, that they are subject to excessivé
53rd sections fines: Be it therefore enacted, &c., That the fifty second and fifty third of the Provincial sections of the Act of the Legislature of the late Province of Upper Act of "pper,
Canada, 2d Vic. Canada, passed in the second year of Her Majesty's Reign, chapter nine, c.9, repealed. 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 Quakers, Menon
nists and TunkTunkers, shall not be compelled to serve in the Militia within that por
ers not to be tion of this Province, which formerly constituted the Province of Upper liable to serve in Canada; but every person who shall profess to be one of the people the Militia in
that part of the called Quakers, Mennonists, or Tunkers, and shall if required produce a Province fora certificate thereof, signed by the Clerk, Pastor, Minister or Elder of the merly calied
Upper Canada. Meeting or Society to which he shall belong, shall be excused and
exempted from serving in the said Militia, in the said portion of this But such persons Province: Provided nevertheless, that every such person, from the age shall pay a cer
m of sixteen to sixty, so claiming to be excused or exempted, shall on or tain annual sum of money in lieu before the first day of February, in each and every year after the passof so serving.
ing 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 The sum to be
shall pay in each and every year in time of peace, the sum of ten shilso paid.
lings, 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. Assessors to
III. And be it enacted, that it shall be the duty of the Assessor or enter the names Assessors in each Township within the said portion of this Province, of all sueh persons on the As
and they are hereby required to annex a column to each and every sessment rolls, Assessment roll of each and every Town, Township or Place in his or and the sum each person is
their respective District, and therein to insert the names of every such liable to pay. 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 Collection 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. Application of 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 Paih 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. Duty of Path y. And be it enacted, that it shall be the duty of the Path Masters in Masters apply
every Township or Place, and they are hereby required to apply such ing such sums ;
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 And in accounting for the same. 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 Penalty on Path
General Quarter Sessions assembled ; and if any such Path Master, or Masters neglect Town Clerk, shall fail to render such account, or to pay oyer and distriing so to ac
bute such monies as may come into his hands as aforesaid, he shall for count.
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, Town
ship or Place may lie. Prosecution VI. And be it enacted, that all proceedings in any suit, action or pending against Quakers, Meno
prosecution, which before the passing of this Act, may, under the pronists, or Tunk- visions of the Provincial Act herein first above cited, have been comcrs, for penalties imposed by the
les menced against any such Quaker, Mennonist or Tunker, as aforesaid, for Act first cited, to the recovery of any penalty imposed by the said Act, shall cease and be be discoutinued. discontinued from and after the passing of this Act.
ACT 8 VIC., CAP. 20.
An Act to repeal an Act therein mentioned, and to provide for the regulution , 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.]
Preamble. and to make better provision for the regulation of Line Fences and Pre Water Courses in Upper Canada: Be it therefore enacted, &c., That it shall and may be lawful for the inhabitant freeholders and householders FenceViewers 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
Township OffiOfficers, to choose from among the inhabitants of the said Township, in cers 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 Fence Viewers
shall bave powtracts of land, shall keep up, make and repair, a fair and just proportions
er, on the appliof the Division or Line Fence between their several tracts of land, which cation of parties Line Fence shall be made on the line dividing such tracts of land, and being neigh-...
bours, to assign equally on either side thereof: and that where there shall be a dispute to each the share between the parties as to the commencement or extent of the part of the of the I
Fence he is said Division or Line Fence which either party may claim or refuse to bound to keep make or repair, it shall and may be lawful for either party to submit up, 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, Award how to
be made and shall be binding on the parties as far as concerns the making or repairing
enforced. 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: Pro- Proviso, in cervided always, that when by reason of any material change of circum- tain cases, a... stances in respect to the improvement and occupation of adjacent lots or be obtained,
new award may
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. If either party
III. And be it enacted, That if any party who may be in the occuparefuse to make
tion of any tract or parcel of land, shall neglect or refuse to make or his share of a Line Fence, the repair (as the case may be) an equal or just proportion of the Division or other party may Line Fence between such tract or parcel of land and the adjoining tract make it and recover the costs.
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 Proviso: a
e sum of two shillings and six pence per rod, to be ascertained and deFence shall be considered suffi- termined in the manner hereinafter provided : Provided always, that cient if it be any Fence coming within the meaning and intent of the resolution within the description decla
adopted by the inhabitant householders and freeholders, at their last red to be so by annual Township Meeting, shall be considered by all Fence Viewers to resolution of the Township meet. be a lawful Fence, and when no such resolution shall have been ing.
adopted, then and in that case it shall be lawful for such Fence Viewers, If there be no re
- when called upon, to exercise their own judgment and decide what they solution, Fence Viewers to have consider to be a lawful Fence. a discretion. A Justice of the
IV. And be it enacted, That it shall and may be lawful for any JusPeace may en- tice of the Peace, residing within the Township in which such Fence force payment
may be situated, and if there be no such Justice residing in the said of the costs of the Fence made Township, then any other Justice of the Peace residing in any adjacent by a party for
Township, and he is hereby required, upon the demand of any party his neighbour under the next
text interested, to issue a Summons under his hand and seal directed to three preceding sec- Fence Viewers (by their proper names) of the Township in which such tion, first procuring'a report of Fence is situated, requiring them to attend at the place and on the day Fence Viewers. 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. Duty of the
V. And be it enacted, That such Fence Viewers, upon being personFence Viewers ally served at least four days previously with such summons, and any in making such
two of them being there then present, and after having duly examined report.
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