surplus on demand to the owner: Provided always, that the F roviso. not affected. 20. Nothing in this Act contained shall be construed as in- Rights of terfering with the powers or rights of any company formed under formed under The Act respecting Joint Stock Companies for the construction Rev. Stat. of works to facilitate the transmission of Timber down Rivers c 160, and Streams, or with mill-dams, or the right to erect and maintain mill-dams on streams; and The Act respecting Mills Rev. Stat. and Mill-dams and any other law conferring rights in mill- c. 118. dams shall remain the same as if this Act had not been passed. 47 V. c. 17, s. 11. etc., to have 21. All persons driving saw-logs or other timber, rafts or All persons crafts, down any such river, creek or stream shall have the driving logs right to go along the banks of such river, creek or stream, the right to go and to assist the passage of the timber over the same by all on river banks. means usual amongst lumbermen, doing no unnecessary damage to the banks of the river, creek or stream. 47 V. c. 17, s. 12. tolls may transmission 22. Every person entitled to tolls under this Act may make Person rules and regulations for the purpose of regulating the safe entitled to and orderly transmission of saw-logs, timber, rafts and crafts make rules over or through such constructions or improvements; but no regulating such rules or regulations shall have any force or effect until of timber. approved of by the Lieutenant-Governor in Council, and the Lieutenant-Governor in Council may revoke and cancel such rules and regulations so made and approved, and from time to time approve of new rules and regulations which the person so entitled to tolls as aforesaid, shall have the power to make. 47 V. c. 17, s. 13. the Ottawa 23.-(1) Where in any action or other proceeding, any person Right to shall claim, and but for this section would be entitled to, an injunction against owners injunction against the owner or occupier of any saw mill situate of mills on on or near the Ottawa River or any of its tributaries, for any restricted. injury or damage, direct or consequential, sustained by such person, or for any interference directly or indirectly with any rights of such person as riparian proprietor or otherwise, by reason or in consequence of the throwing or depositing of any sawdust or other mill refuse into the said river or its tributaries from the mill, or from such mill together with other mills, the Court or Judge may refuse to grant an injunction in the action or other proceeding, in case it is proved to the satisfaction of the Court or Judge by the person against whom the injunction is claimed that having regard to all the circumstances, it is on the whole, proper and expedient not to grant the same, and for that purpose shall take into consideration the importance of the lumber trade to the locality wherein the injury, damage or interference takes place, and the benefit and advantage, direct and consequential, which such trade confers on the locality and on the inhabitants thereof, and shall weigh the same against the private injury, damage or interference complained of; (2) Or the Court or Judge may grant an injunction to take effect after such lapse of time or upon such terms and conditions. or subject to such limitations or restrictions as to the Court or Judge may seem proper; (3) Or may in lieu of granting an injunction direct the person against whom the injunction is claimed to take such measures or perform such acts to prevent, avoid, lessen or diminish the injury, damage or interference complained of, as to the Court or Judge may seem proper; (4) Provided always that in such action or other proceeding the person claiming the injunction shall nevertheless be entitled to damages against the owner or occupier of the saw mill for any such injury, damage or interference. 48 V. c. 24, s. 1. (5) In cases where damage from the same cause continues, the party may apply from time to time, in the same action, for the assessment of subsequent damages, or any other relief to which by subsequent events he may from time to time become entitled. 49 V. c. 16, s. 48. 24. The preceding section of this Act shall apply whether the said injury, damage or interference is a continuing one or not, and whether the person claiming any such injunction is plaintiff in the said action or other proceeding, or is a defendant therein proceeding by way of counter-claim; but the said section shall not apply where in the opinion of the Court or Judge the injury, damage or interference complained of is of such a nature that the same cannot be adequately pensated for by the awarding of damages. 48 V. c. 24, s. 2. com CHAPTER 121. An Act respecting the Driving of Saw Logs and other SHORT TITLE, s. 1. WATER NOT TO BE OBSTRUCTED BY PROVISION WHERE LOGS OF DIFFERENT Owners whose logs are intermixed SEPARATION OF LOGS, Ss. 9-11. DAMAGES WHEN LOGS WRONGFULLY LIEN GIVEN BY SECS. 5, 8 AND 11 TO BE TRATION, SS. 16-26. Η HER ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 66 1. This Act may be cited and known as The Saw Logs Short title. Driving Act." 50 V. c. 17, s. 29. tion. 2. Where the words following occur in this Act, they shall Interpretabe construed in the manner hereinafter mentioned, unless a contrary intention appears : 1. "Logs" mean and include saw logs, timber, posts, ties, cordwood, and other things being parts of trees. 2. "Water" means and includes lakes, ponds, rivers, creeks and streams. 50 V. c. 17, s. 1. river, etc., not navigation. 3. Any person putting, or causing to be put, into any water Persons floatin this Province, logs, for the purpose of floating the same in, ing logs in upon or down such water, shall make adequate provisions and to obstruct put on a sufficient force of men to break, and shall make all floating or reasonable endeavours to break jams of such logs and clear the same from the banks and shores of such water with reasonable despatch, and run and drive the same so as not to unnecessarily delay or hinder the removal, floating, running or driving of other logs, or unnecessarily obstruct the floating or navigation of such water. 50 V. c. 17, s. 2. In case of neglect person obstructed may clear river, etc. Person clearing obstruction to use due care. Provision several owners cannot conveniently be separated. 4. In case of the neglect of any person to comply with the provisions of the preceding section, it shall be lawful for any other person or persons desiring to float, run or drive logs in, upon or down such water, and whose logs would be thereby obstructed, to cause such jams to be broken and such logs to be cleared from the banks and shores of such water, and to be floated, run and driven in, upon and down such water. 50 V. c. 17, s. 3. 5. The person or persons causing such jams to be broken or such logs to be cleared, floated, run or driven, pursuant to the last preceding section, shall do the same with reasonable economy and despatch, and shall take reasonable care not to leave logs on the banks or shores, and shall have a lien upon the logs in the jam or so cleared, floated, run or driven for the reasonable charges and expenses of breaking the jams and the clearing, floating, running, driving, booming and keeping possession of such logs, and may take and keep possession of such logs, or so much thereof as may be reasonably necessary to satisfy the amount of such charges and expenses pending the decision by arbitration as hereinafter provided for. The person taking possession of logs under this section shall use all reasonable care not to take such logs beyond the place of their original destination, if known, but may securely boom and keep possession of the same at or above such place. The owner or person controlling such logs, if known shall be forthwith notified of their whereabouts, and if satisfactory security be given for the amount of such charges and expenses, possession of the logs shall be given up. 50 V. c. 17, s. 4. 6. When logs of any person upon or in any water in this when logs of Province, or the banks or shores of such water, are so intermixed with logs of another person or persons, that the same cannot be conveniently separated for the purpose of being floated in, upon or down such water, then the several persons owning or controlling the intermixed logs, shall respectively make adequate provisions, and put on a fair proportion of the men required to break jams of such intermixed logs, and to clear the same from the banks and shores of such water with reasonable despatch, and to float, run and drive the same in, upon and down such water, and the costs and expenses thereof shall be borne by the parties in such proportions as they may agree upon, and in default of agreement as may be determined by arbitration as hereinafter provided for. 50 V. c. 17, s. 5. Provision when owner 7. In case of neglect of any person to comply with the of any portion provisions of the last preceding section, it shall be lawful for any other person or persons whose logs are intermixed, to put on a sufficient number of men to supply the deficiency and break jams of such intermixed logs, and to clear the same from of logs is in default. the banks and shores of such water, and to float, run and drive all such intermixed logs in, upon and down such water. 50 V. c. 17, s. 6. 8. The person or persons supplying such deficiency and Lien on logs. causing such jams to be broken, or such intermixed logs to be cleared, floated, run or driven, pursuant to the last preceding section, shall do the same with reasonable economy and despatch, and shall take reasonable care not to leave logs on the banks or shores, and shall have a lien upon the logs owned or controlled by the person guilty of such neglect, for a fair proportion of the charges and expenses of breaking the jams, and the clearing, floating, running, driving, booming and keeping possession of such intermixed logs; and may take and keep possession of such logs, or so much thereof, as may be reasonably necessary to satisfy the amount of such fair proportion of charges and expenses pending the decision by arbitration, as hereinafter provided for. The person taking possession of logs under this section shall use all reasonable care not to take such logs beyond the place of their original destination, if known, but may securely boom and keep possession of the same at or above such place. The owner or person controlling such logs, if known, shall be forthwith notified of their whereabouts, and if satisfactory security be given for the amount of such proportion of charges and expenses, possession of the logs shall be given up. 50 V. c. 17, s. 7. 9. When logs of any person, upon or in any water in this Separation of Province, or the banks or shores of such water, are inter- logs. mixed with logs of another person or persons, then any of the persons whose logs are intermixed, may at any time during the drive, require his logs to be separated from the other logs at some suitable and convenient place, and after such separation he shall secure the same at his own cost and expense, in such manner as to allow free passage for such other logs; provided that when any logs so intermixed reach their place Proviso. of original destination, if known, the same shall be separated from the other logs and after such separation the owner shall secure the same at his own cost and expense. 50 V. c. 17, s. 8. be shared. 10. The several persons owning or controlling the intermixed Expenses of logs shall respectively make adequate provisions and put on a separation to fair proportion of the men required to make the separation; the cost and expense of such separation shall be borne by the parties in such proportions as they may agree upon, and in default of agreement, as may be determined by arbitration as hereinafter provided. 50 V. c. 17, s. 9. 11. In case of neglect of any person to comply with the Provision provisions of the last preceding section, it shall be lawful for when owner any other person or persons, whose logs are intermixed, to put vide for his does not pro share of work, |