CHAPTER 120. An Act for protecting the Public interest in Rivers, ACT NOT TO APPLY IN CERTAIN CASES, PERSON ENTITLED TO TOLLS MAY MAKE ss. 5-7. ASSESSED DAMAGES FOR INJURY TO PRIVATE PROPERTY -HOW AP- RULES REGULATING TRANSMIS RIGHT TO INJUNCTION RESTRICTED, All persons entitled to use rivers for HER [ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. All persons shall, subject to the provisions in this Act contained, have, and are hereby declared always to have had, floating down during the spring, summer and autumn freshets, the right to, timber and saw-logs. and may float and transmit saw-logs and all other timber of every kind, and all rafts and crafts, down all rivers, creeks and streams; and no person shall by felling trees or placing any other obstruction in or across any such river, creek or stream, prevent the passage thereof; and in case it may be necessary to remove any obstruction from such river, creek or stream, or construct any apron, dam, slide, gate-lock, boom, or other work therein or thereon, necessary to facilitate the floating and transmitting such saw-logs and other timber, rafts or crafts, down the same, then it shall be lawful for the person requiring so to float and transmit such saw-logs and other timber, rafts and crafts, and it is hereby declared always to have been lawful to remove such obstruction, and to construct such apron, dam, slide, gate-lock, boom or other work necessary for the purposes aforesaid, doing no unnecessary damage to the said river, creek or stream, or to the banks thereof. R. S. O. 1877, c. 115, s. 1; 47 V. c. 17, s. 1. streams not to 2. In case there is a convenient apron, slide, gate, lock, or Persons using opening in any such dam or other structure made for the pas- injure dams, sage of saw logs and other timber, rafts and crafts authorized etc. to be floated down such stream as aforesaid, no person using any such stream in manner and for the purposes aforesaid, shall alter, injure or destroy any such dam or other useful erection in or upon the bed of or across the stream, or do any unnecessary damage thereto or on the banks thereof. R. S. Ŏ. 1877, c. 115, s. 2. which timber may be cut on and floated 3. Except in the case of round or squared timber, or of trees Conditions on masts, staves, deals, boards or other sawed or manufactured lumber or saw-logs, prepared for transportation to a market, the banks of every person and every employer of such person, who cuts and certain rivers fells any trees into the Grand River, the River Thames, River thereon. Nith, River Speed, Otter Creek, the River Credit, the River Otonabee from Sturgeon Lake to Rice Lake, the River Scugog, the River Trent from Rice Lake to the Bay of Quinte, Crow River, the Rivers Gananoque, Rideau, Petite Nation, Tay, Mississippi, Bonnechere, Madawaska and Goodwood in Ontario, or upon such parts of the banks thereof as are usually overflowed in the autumn or spring of the year by the rising of the water of the said rivers or creek, and who does not lop off the branches of such trees and cut up the trunks thereof into lengths of not more than eighteen feet, before they are allowed to be floated or cast into the said rivers or streams shall for every such offence forfeit and pay a penalty not exceeding ten dollars. R. S. O. 1877, c. 115, s. 3. rivulets. 4. Subject to any jurisdiction of the Dominion of Canada in Penalty on this behalf and to any Acts passed in the exercise of such juris- Petruct obstructing diction-in case a person throws, or in case an owner or rivers and occupier of a mill suffers or permits to be thrown, into any river, rivulet or water-course, excepting those hereinafter mentioned, slabs, bark, waste stuff or other refuse of any sawmill (except saw-dust), or stumps, roots, shrubs, tan-bark or waste wood, or leached ashes; or in case a person fells, or causes to be felled, in or across such river, rivulet or watercourse, timber or growing or standing trees, and allows the same to remain in or across such river, rivulet or water-course, he shall incur a penalty not exceeding $20 and not less than twenty cents for each day during which the obstruction remains in, over, or across such river, rivulet or watercourse, over and above all damages arising therefrom. R. S. O. 1877, c. 115, s. 4. tend to dams, 5. This Act shall not apply to a dam, weir or bridge Act not to exerected in or over such river, rivulet or water-course, or to weirs or trees any thing done bona fide in or for erecting the same, or to any used as tree cut down or felled across such river, rivulet or water- bridges. course, for the purpose of being used as a bridge from one side Exception as to certain rivers. As to obstruc ful. thereof to the other; provided such tree does not impede the flow of water or the passing of rafts. R. S. O. 1877, c. 115, s. 5. 6. This Act shall not extend to the River St. Lawrence, nor to the River Ottawa, nor to any river, or rivulet wherein salmon, pickerel, black bass or perch, do not abound. R. S. O. 1877, c. 115, s. 6. 7. No such obstruction happening without the wilful default tions not wil- of any party, or in the bona fide exercise of his rights, shall subject him to any fine or forfeiture unless upon default to remove the obstruction after notice and reasonable time afforded for that purpose. R. S. O. 1877, c. 115, s. 7. How fines to be recovered. 8. All fines, penalties, forfeitures and damages under this Act, when not together exceeeding $20, may respectively, upon the oath of one credible witness, be recovered with costs, in a summary way in the manner provided by The Rev. Stat.c.74. Act respecting Summary Convictions before Justices of the Peace and Appeals to General Sessions, before any one or more of the Justices of the Peace for the county in which the offence has been committed, and unless the conviction is appealed from, if the fine or penalty and damages (as the case may be), together with the costs, are not paid at the time stated in the conviction, the convicting Justice or Justices, or one of them, when more than one, shall issue his or their warrant of distress to levy the same out of the goods and chattels of the offender; and in case there are not sufficient goods and chattels found to satisfy the same, and in case the offender does not otherwise satisfy the amount within three days after conviction, then such Justice or Justices (as the case may be) shall by warrant under hand and seal commit the offender to the common gaol of the county in which he has been convicted, for the term of ten days in case the conviction is under section 3 of this Act, or thirty days in case the conviction is under section 4 of this Act, unless the fine, penalty or forfeiture and damages (as the case may be), and costs are sooner paid. R. S. O. 1877, c. 115, s. 8. Appropriation 9. Of pecuniary penalties levied under this Act, one-third of penalties, shall go to the informer, and the other two-thirds shall be paid to the treasurer of the municipality in which the offence was committed, and shall be expended in improving the public highways therein. R. S. O. 1877, c. 115, s. 9. Assessed dam ages how to be applied. 10. In cases of damages to private property arising out of a violation of this Act, such damages may, at the request of the party aggrieved, be assessed by the convicting Justice or Justices, and included in the conviction, when such damages, together with the fine or penalty imposed, do not together exceed $20; and in case damages are assessed the same shall be paid to the party aggrieved, except in cases where he has been examined in proof of the offence, in which case the same shall be applied to the improvement of the public highways in the municipality as above provided. R. S. O. 1877, c. 115, s. 10. rivers on which purpose of timber. 11. In case any person shall construct in or upon such river, Right to use creek or stream, any apron, dam, slide, gate, lock, boom or other improvements work necessary to facilitate the floating or transmission of have been saw-logs or other timber, rafts or crafts down such river, made for the creek or stream, which was not navigable or floatable before floating down the improvements were made, or shall blast rocks or remove shoals or other impediments, or otherwise improve the floatability of the river, creek or stream, such person shall not have the exclusive right to the use of the river, creek, or stream, or to the constructions and improvements; but all persons shall have during the spring, summer and autumn freshets, the right to float and transmit saw-logs and other timber, rafts and crafts, down such rivers, creeks or streams, and through and over the constructions and improvements, doing no unnecessary damage to the constructions and improvements, or to the banks of the said rivers, creeks or streams, subject to the payment to the person who has made the constructions and improvements, of reasonable tolls. 47 V. c. 17, s. 2. whether or not. 12. Sections 1 and 11 of this Act and all the rights therein Secs. 1 and 11 given, and all the provisions therein made and contained, shall to apply extend and apply to all rivers, creeks and streams mentioned in land patented section 1 of this Act, and to all constructions and improvements made therein or thereon, whether the bed of the river, creek or stream, or the land through which the same runs, has been granted by the Crown or not, and if granted by the Crown shall be binding upon the grantees, their heirs, executors, administrators and assigns. 47 V. c. 17, s. 3. may fix tolls. 13. The Judge of the County Court of the county or Sti- Judge of County Court pendiary Magistrate of the judicial district, as the case may or stipendiary be, in which the constructions and improvements are situated magistrate shall, upon application of the owner thereof, or of any person. who may desire to use the same, fix the amounts which any person entitled to tolls under this Act shall be at liberty to charge, and may from time to time vary such amounts; and the Judge or Stipendiary Magistrate in fixing the tolls shall have regard to and take into consideration the original cost of the construction and improvements, the amount required to maintain the same and to cover interest upon the original cost, as well as such other matters as under all the circumstances may seem just and equitable. 47 V. c. 17, s. 4. 14. The Judge or Stipendiary Magistrate shall have the Compelling same and like powers as to compelling the attendance and examination of witnesses, the production of documents and other attendance of witnesses. Appeal. When appeal to be deemed abandoned. Costs of ap tice and pro cedure. wise, as are possessed by him, or by a County Court, in any cause, action, matter, or other proceeding, carried on or pending in a County Court. 47 V. c. 17, s. 5. 15. In case a party interested is dissatisfied with the order or judgment of the Judge or Stipendiary Magistrate, he may within fifteen days from the date thereof appeal from the order or judgment to a Judge of the Court of Appeal, and the Judge to whom the appeal is made shall determine the time within which the appeal shall be set down to be heard, the security to be given by the appellant, and the persons upon whom notice of the appeal shall be served, the manner of service, and all such other matters as he may deem necessary for the most speedy and least expensive determination of the matter of the appeal. 47 V. c. 17, s. 6. 16. If the appeal is not set down to be heard within the time limited for that purpose, or if the other conditions imposed are not complied with, the appeal shall be deemed to have been abandoned. 47 V. c. 17, s. 7. 17. The costs of the appeal shall be in the discretion of the peal and prac Judge to whom the appeal is had; and the practice and proceedings upon the appeal shall, except so far as may be by the Judge to whom the appeal is made otherwise provided, be similar to the practice and proceedings upon appeals from County Courts. 47 V. c. 17, s. 8. Provisions of Act to apply 18. The foregoing provisions of this Act shall apply to all to all construc- such constructions and improvements as may hitherto have been made, as well as to such as may be in course of construction, or shall hereafter be constructed. 47 V. c. 17, s. 9. tions now or hereafter made. Persons mak ing improve lien for tolls. 19. Every person entitled to tolls under this Act shall have ments to have a lien upon the saw-logs or other timber passing through or over such constructions or improvements for the amount of the tolls, such lien to rank next after the lien (if any) which the Crown has for dues in respect to such logs or timber, and if the tolls are not paid, any Justice of the Peace having jurisdiction within or adjoining the locality in which the constructions or improvements are, shall, upon the oath of the owner of the constructions or improvements, or upon the oath of his agent, that the just tolls have not been paid, issue a warrant for the seizure of such logs or timber, or so much thereof as will be sufficient to satisfy the tolls, which warrant shall be directed to any constable, or any person sworn in as a special constable for that purpose, at the discretion of the magistrate, and shall authorize the person to whom it is directed, if the tolls are not paid within fourteen days from the date thereof, to sell subject to the lien of the Crown (if any), for dues, the said logs or timber, and out of the proceeds to pay such tolls, together with the cost of the warrant and sale, rendering the |