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party plaintiff is entitled to recover any or what sum from the party defendant under the provisions of this Act; and in all cases where the commencement or extent of the part of such Division or Line Fence To what point
the report sball which each should make or repair has not been determined by the award extend. sud of Fence Viewers as aforesaid, the said Fence Viewers or any two of them shall determine the same, (which determination shall be final and binding on the occupiers of the said tracts or parcels of land, and have the same effect as if it had been made by the Fence Viewers in the manner first before mentioned,) and shall report their determination upon the matters aforesaid in writing under their hands to the Justice by whom the Summons shall have been issued, and shall also, in all cases where they determine that the plaintiff or plaintiffs is or are entitled to recover any thing from the defendant or defendants, state what distance of Fence they have determined that the defendant or defendants should have made or repaired ; and the said Fence Viewers, if they shall be required by either party, before they shall have made a report as afore- Copy may be
required by either said to the said Justice, shall give to such party requiring the same a partir true copy of their said determination. VI. And be it enacted, That if either of the said parties shall desire Witnesses may
be suminoned. 10 procure the attendance of any person or persons to give evidence before such Fence Viewers, it shall and may be lawful for the said Justice to issue, upon the application of either of the said parties, a Summons to any person or persons to attend as a witness or witnesses before the said Fence Viewers at the time and place mentioned in the said Summons to the Fence Viewers; and that the said Fence Viewers, when met as aforesaid at the time and place mentioned in the Summons, shall be and are hereby authorized, whenever it
And sworn. shall be desired by either party or they shall think it proper, to administer an oath to any witness, which oath shall be in the following form : “ You do solemnly swear that you will true answer make to such questions as may be asked of you by either of the Fence Viewers now present, touching the matters which they are now to examine and determine : So help you God.” And if any person giving evidence as aforesaid under oath shall be guilty of false swearing, he shall False swearing be guilty of wilful and corrupt perjury, and upon conviction thereof shall to be perjury. be liable to the same punishment and disabilities to which persons convicted of that offence in other cases are now by law liable.
VII. Ani be it enacted, That the said Justice to whom the determi- The Report shall nation of the Fenee Viewers shall be returned as aforesaid, shall trans- be transmitted.
by the Justice to mit the same to the Clerk of the Division Court having jurisdiction over the Clerk of the the said Township, and certify and transmit a copy thereof to the Town- Division Court. ship Clerk, to be entered in the book in which the Township proceedings are recorded, and thereupon the said Clerk of the said Division Court Execution to shall issue an execution against the goods and chatlels of the said issue thereon. defendant or defendants, in the same manner as if the party in whose favour the said determination shall have been made, had recovered judgment in the said Court for the sum which the said Fence Viewers Costs. shall have determined as aforesaid he was entitled to receive, with such costs as are hereinafter provided and to be allowed : Provided also, that Proviso, delay
before execution. no such Writ of Execution shall be issued until after the expiration of forty days from the time of such determination.
VIII. And be it enacted, That when any party shall cease to occupy Provision as to or improve his land, or shall lay the enclosure before under improve. Fences adjoin..
ing lands which, ment, in common, the said party or parties shall not have a right to take after being ima away any part of the Division or Line Fence adjoining to the next proved, are left
in common, and enclosure that is improved or occupied, provided the party occupying when the the lands adjoining the same will allow and pay therefor so much as the after being
Fence Viewers or a majority of them shall in writing determine to be unimproved become improved. the reasonable value thereof; and whenever any lands which have laid
unimproved and in common shall be afterwards enclosed or improved, the occupier or occupiers thereof shall pay for their fair or just proportion of the Division or Line Fence standing upon the divisional line between the same land and the land of the enclosure of any other occupant or proprietor, the value thereof to be ascertained and set forth in writing by three Fence Viewers, in case the parties shall not agree among themselves, and the amount of such value may be recovered according to the proportions so estimated, in the same manner and form as hereinbefore provided respecting the making and keeping in repair Division or Line Fences.
· IX. And be it enacted, That in no case shall any person be authorIn what case ized to take away any part of the Division or Line Fence which to the only any party may remove his said party may belong, adjoining to the next enclosure which is improved portion of a or occupied, unless the party or parties occupying the lands adjoining Line Fence.
the same, refuse, after demand made in writing by the person or persons purposing to remove part of any Line Fence, to pay for the same as aforesaid ; nor without first giving due notice to such party for at least
twelve months previously to the removal of the same. Provision as to X. And be it enacted, That when a Water Fence or a Fence running Water Fences. into the water is necessary to be made, the same shall be made in
equal parts, unless by the parties otherwise agreed; and in case either party shall refuse or neglect to make or maintain the share to such party belonging, similar proceedings shall or may be had, as in other cases of the like kind respecting other Fences in this Act
mentioned. Duty of Fence XI. And be it enacted, That when lands belonging to or occupied by Viewers as to lands bounded
different persons, are subject to be fenced and bounded upon or divided by brooks, &c. from each other by any brook, pond, or creek, which of itself is not a
sufficient fence, in such case, if the parties disagree, the same may be submitted to three Fence Viewers, as heretofore provided ; and if in the opinion of such Fence Viewers, such brook, river, pond, or creek, is not of itself a sufficient barrier, and that it is impracticable to fence at the true boundary line, they shall judge and determine how or on which side thereof the Fence shall be set up and maintained, or whether partly on one side and partly on the other, as to them shall appear just, and reduce or Division Fences; and it shall be the duty of such Fence Viewers to whom such matters shall be referred, to divide or apportion such Ditch or Water Course among the several parties, in such way as in the opinion of such Fence Viewers shall be a just and equitable proportion having due regard to the interest each of the parties shall have in the opening of such Ditch or Water Course and the Fence Viewers at the same time decide what length of time shall be allowed to each of the said parties to open his share of such Ditch or Water Course; and the determination or award of such Fence Viewers shall be made in the same manner, and have the same effect in regard 10 Ditches or Water Courses as is provided by this Act in regard to Division or Line Fences.
their determination to writing as heretofore provided in other cases; and Penalty for not if either of the parties shall refuse or neglect to keep up or maintain the obeying their award.
part of the Fence to such party belonging, according to the Fence Viewers' determination in writing as aforesaid, the same may be done and performed as is in this Act before provided in other cases, and the delinquent party shall be subject to the same costs and charges, and to
be recovered in like manner. Powers and du- XII. And whereas it is expedient to provide for the opening of Water ties of Fence Courses in Upper Canada : Be it therefore enacted, That in all cases Viewers with regard to Ditches
when it shall be the joint interest of parties resident to open a Ditch or or Water Courses Water Course for the purpose of letting off surplus water from swamps in which !wo of or sunken miry lands in Upper Canada, in order to enable the owners or more parties shall be inte OC
occupiers of such swampy or sunken lands to cultivate or improve the jested.
same, it shall be the duty of such several parties to open a just and fair proportion of such Ditch or Water Course according to the several interests that such parties may have in the same; and in cases where a dispute shall or may arise as to the part, width, depth, or extent that any party so interested ought to open or make, the same may be referred to three Fence Viewers, in the same way and manner as is heretofore by this Act provided in cases of disputes between parties relative to Line
XIII. And be it enacted, That when it shall appear to such Fence Provision as to a Viewers that the owner or occupier of any tract or parcel of land is not Water Course sufficiently interested in the opening of such Ditch or Water Course to cho
land of a party make him a party, and at the same time that it is necessary that such not otherwise Ditch should be continued across his land by the other party or parties at interested, his or their own expense, they may award the same in manner and form aforesaid ; and upon such award, such party or parties may lawfully open such Ditch or Water Course across such land as aforesaid at his or their own expense, without being deemed to have committed a trespass by so doing. · XIV. And be it enacted, That if any party 'shall neglect or refuse Provision in upon demand made in writing as aforesaid, to open or make and keep shall refuse to
case any party open his share or proportion allotted or awarded to him by such Fence make his share
of a Water Viewers as aforesaid, within the time allowed by such Fence Viewers, cars
Course. either of the other parties may, after first completing his own share or proportion allotted to him in manner aforesaid, open the share or proportion allotted to such party neglecting or refusing to open the same, and such party so opening such other party's share shall be entitled to recover not more than the sum of two shillings per rod from the party so neglecting or refusing to open his share or proportion, in the same manner as is in this Act provided relative to Line and Division Fences.
XV. And be it enacted, That any party who may be in possession of A party may any part of an allowance for road laid out as such in the rear of his lot, take lawful pos
session of the in the original survey of any Township in Upper Canada, the same being allowance for enclosed by a lawful Fence, and which road, from particular circum- road in rear of
his lot, in cerstances, may not be travelled or required to be used by the public for tain cases and the time being, by reason of any other road or roads, being used in lieu on certain con
1 oil ditions. thereof, or because the same has not been open for public travel, shalla be deemed and taken to be legally possessed of that part of such road as against any other private party : Provided always, that in any such case Proviso. the said possession shall cease and determine, upon an order from any two Justices of the Peace for the District in which such allowance for road may be situate, being made and directed to the proper Township Officer requiring him to open the same. XVI. And be it enacted, That the following fees, and no more, shall Fees for services
under this Act. be received by the different parties acting under the provisions of this Act, that is to say:
To the Justice of the Peace :: - For Summons to Fence Viewers, one shilling and three pence.
For Subpæna, which may contain.three names, one shilling and three pence,
For transmitting copy of Fence Viewers' determination to Division Court and to Township Clerk, one shilling and three pence.
Fees actually paid to be included in the execution.
To the Fence Viewers :
Five shillings per day each; if less than half a day employed, two shillings and six pence.
To the Bailiff or Constable employed :
XVII. And be it enacted, 'That the fees herein before allowed shall be included in the execution to be issued by the Clerk of the Division Court 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 they occur in this Act shall mean all that part of this Province which formerly constituted the Province of Upper Canada; that the word 66 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 Canada, passed in the fourth year of the Reign of His late Majesty King 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 thirty-third 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 shall not be construed to revive any Act or part of an Act thereby repealed.
Act of U. C.
TAX ON DOGS.
ACT 8 VIC., CAP. 57.
An Act to empower the District Councils of Municipal Districts, and
Boards of Police of Incorporated Towns in Upper Canada, to impose a Tax on Dogs, within their respective Districts and Towns.
[Passed 29th March, 1845.] TTHEREAS it is expedient to empower the District Councils and
W Boards of Police in Upper Canada to impose a Tax on Dogs, and to make By-laws respecting the keeping of Dogs, and for preventing their running at large : Be it therefore enacted, &c., That in addition to the purposes for which, by the thirty-ninth section of the Act passed in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act to provide for the better internal government of that part of this Province which formerly constituted the Province of Upper Canada, by the establishment of Local or Municipal authorities therein, the District Councils of the several Districts in Upper Canada are empowered to make By-Laws, it shall be lawful for each of the said District Councils, respectively, to make By-Laws for the following purpose, that is to say,-For regulating the District Councils time at which Dogs shall be permitted to run at large within the District, in U.C. empow
4 and 5 Vict. cap. 10.
ered to make Byand for imposing a Tax upon the owners of Dogs, and for obliging the
laws respecting owners to keep collars on their Dogs, with the name of such owner dogs running at thereon, and for the destruction of Dogs not claimed by any person as
large,-to tax the
owners, &c. the owner, and running at large contrary to any such By-Laws: Provided always, that no Tax to be imposed by any District Council on the owners of Dogs shall, in any case, exceed the sum of five shillings in any one year, for each Dog over six months old : Provided also, nevertheless, that such By-Laws shall not extend or be construed to extend to any incorporated City or Town in Upper Canada: And provided also, Exceptions. that every Farmer in any District shall be entitled to keep one Dog for farm use, without paying any Tax for such Dog under this Act.
II. And be it enacted, That except so far as it is otherwise provided Such By-laws by this Act, such By-Laws shall be in all respects subject to the provi- subject to provi
sions of 4 & 5 sions of the Act first above cited, with regard to the By-Laws which any Vict. cap. 10. District Council is thereby empowered to make.
III. And be it enacted, That the monies coming into the hands of any Monies accruing District Treasurer, and arising from any Tax or penalty imposed by any
therefrom to be
come District such By-Law as aforesaid, shall form part of the District Funds, and funds. shall be subject to the same provisions as any other monies forming part of the said funds.
IV. And be it enacted, That it shall and may be lawful for any Board Boards of Police of Police within any Town by law entitled to the same, to make such may make ordiBy-Laws, Ordinances and Regulations, for the like purposes, within the nan
nanices for like
purposes; and said Towns, as they shall see fit: Provided always, that it shall not be destroy dogs lawful for any such District Council or Board of Police to order the after Proclamadestruction of any Dogs running at large within the limits of the said Town, unless a Proclamation, signed by the Warden and Chairman of such District Council, or by the President of such Board of Police, shall have been published at least two days before such order.
v. And be it enacted, That all sum or sums of money levied within Monies levied any such incorporated Town, under the provisions of this Act, shall be ju towns under
this Act to be applied for the general purposes of the said Town, in such manner as applied to geneshall be directed, from time to time, by the Board of Police within the ral purposes of
VI. And be it enacted, That for all the purposes of this Act, it shall what shall be be deemed and held sufficient proof of the ownership in any Dog upon deemed proof of which a Tax may be levied, if the said Dog is known to the Assessor of
f ownership of a any Township or Incorporated Town aforesaid, to frequent any dwelling or lodging house as a home, and the owner or occupier of such dwelling or lodging house shall be held liable for the payment of the Tax on any such Dog, and in any action or suit for alleged injury or damage committed by such Dog, the return of the Assessor designating such ownership, shall be deemed and held to be prima facie evidence of such ownership, and further, that any person being generally or frequently attended or followed by any Dog, shall be deemed and considered, for all the purposes of this Act, as prima facie owner thereof, and liable as such owner for the payment of such Tax, or for all injuries or damages committed by such Dog. · VII. And be it enacted, That this Act may be repealed, altered or Act may be amended, by any Act of the Parliament of this Province to be passed altered. during the present Session.