Penalty 10. If upon investigation of a complaint made against a for unlawfully cutting and re- person for having unlawfully cut down or removed timber moving trees, or trees, or quarried or removed stone, or other materials, quarrying, etc. from the lands aforesaid, the Commissioners, or any one or Removal of convictions by certiorari. more of them, find him guilty thereof, the Commissioners or any one or more of them may order him to pay a fine to Her Majesty not exceeding $80, and in default thereof to be committed to the gaol of the proper County for a period not exceeding three months. R. S. O. 1877, c. 27, s. 10. 11. In all cases of summary conviction under this Act, the same may as of course be removed by certiorari into the High Court and and thereupon, unless otherwise provided by law, the Court shall, for enforcing the fine, issue, as in the case of other Crown debts, one or more writs of fieri facias and capias ad satisfaciendum, in the nature of the exchequer long writ, as nearly as may be in the form of Schedule B to this Act, and from time to time repeat such writs as may faction of fine be necessary, till the amount has been paid. R. S. O. 1877, c. 27, s. 11. Proceedings for the satis imposed. Discharge of person in custody. 12. If at the time of the removal of the conviction, the Convicted and person convicted is in custody under the warrant of the Commissioners, or any one of them, for non-payment of the fine, he shall not be discharged from imprisonment at the end of the time prescribed in such warrant, if the Sheriff then has a writ of fieri facias and capias ad satisfaciendum for the levying of the fine, and is unable to make the same out of the goods and chattels or lands and tenements of the party, but the party shall remain charged in custody upon the writ until the fine is fully paid, as in the case of other Crown debtors similarly charged. R. S. O. 1877, c. 27, s. 12. Timber, etc., cut, but not 13. The Commissioners or any one of them may order and removed, may cause to be seized and detained timber or trees unlawfully be seized and cut down and any stone quarried upon the lands aforesaid, and not removed therefrom, and may afterwards sell and dispose thereof, as instructed from time to time by the Lieutenant-Governor in that behalf. R. S. O. 1877, c. 27 s. 13. sold. Commissioners may summon and examine witnesses. Appropriation of moneys levied under this Act. 14. The Commissioners or any one of thein may summon before them any person as a witness to give evidence on any matter they are authorized to investigate, and may administer to him an oath that he will true answer make to all questions put to him in reference to the matter under investigation. R. S. O. 1877, c. 27, s. 14. 15. Moneys and fines collected under this Act shall, after deducting the expenses of collecting, be paid into the hands of the Provincial Treasurer, and form part of the Consolidated Revenue of this Province. R. S. O. 1877, c. 27, s. 15. appearance of 16. The Commissioner or Commissioners, before entering on Hearing ex the investigation of any charge under this Act, shall summon parte on nonthe party charged to appear before him or them at a place named persons acin the summons, and if the party does not appear, the Com- cused. missioner or Commissioners may, upon proof of due service of the summons, proceed to hear and determine the complaint ex parte. R. S. O. 1877, c. 27, s. 16. cution of war rants. 17. The Commissioner or Commissioners acting under this Issue and exeAct, may issue a warrant under their hands and seals, to any sheriff, gaoler or peace officer of the County wherein the proceeding is had, commanding such sheriff, gaoler or peace officer to carry into effect any order by them made within their jurisdiction; and such warrants shall be executed by the sheriff, gaoler or peace officer, as are warrants issued by Justices of the Peace. R. S. O. 1877, c. 27, s. 17. the same pro Peace, etc. 18. The Commissioners and all acting under their authority Commissionshall respectively have the same privilege and protection in ers entitled to respect of any action brought against them for any act tection as Jusby them done in the execution of their office, that Justices tices of the of the Peace, sheriffs, gaolers or peace officers respectively have, and the Commissioners, when engaged in the execution of their office, and each of them when so engaged, shall have the same power to commit for contempt that Justices of the Peace have in similar cases for contempts against them in the execution of their office. R. S. O. 1877, c. 27, s. 18. ment of Com 19. Any person dissatisfied with the judgment or decision Appeal to lie of the Commissioners in any of the foregoing cases, may, within against judg three months from the date thereof, appeal to the High missioners. Court, having first given to the Commissioners fourteen days' notice in writing of the intention to appeal, in which case the Commissioners shall thereupon transmit to the proper officer of the Court a copy of their judgment and the evidence, and the Court may revise, alter, affirm or annul such decision, make or order further inquiry, or direct an issue to be tried before the Court or a Judge thereof with or without the assistance of a jury, and may make such order respecting costs and other matters as seems reasonable and just; and the judgment of the Court on the appeal shall be conclusive on the party appealing and on the Commissioners. R. S, O. 1877, c. 27, s. 19. tices of the 20. The Commissioners and each of them, and the different CommissionSuperintendents of the Indian Department, either now in ers to be Jusoffice or hereafter appointed, shall by virtue of their office and Peace. appointment, and without any other qualification, be Justices of the Peace within the County within which, for the time being, they may be respectively resident or employed as Commissioners. R. S. O. 1877, c. 27, s. 20. Whereas by a certain Warrant of Removal made by one (or two, as the case may be) of the Commissioners appointed under the Great Seal of Our Province of Ontario, by virtue of Chapter twentynine of The Revised Statutes of Ontario, to prevent trespasses to Public Lands, you were formerly commanded that (here recite Commissioners' Warrant of Removal), which said Warrant you lately returned to Us into Our High Court of Justice, at Toronto, and thereupon certified to Us that (here insert the Sheriff's Return setting forth the return of the party or parties, or his belief that he or they would return unless the land be protected by the issue of process for the protection thereof) according to the form of the Statute in such case made and provided: Therefore, We command you, that immediately after receipt hereof you proceed to the said lands and premises, and remove or cause to be removed all and singular such person and persons, if any, whom you shall find in or upon the same, from the possession thereof, and give or cause to be given to such person or persons as shall for that purpose be appointed by Our said Commissioners, or any one of them, under their or his hand and seal, the full, quiet and peaceable possession of the said premises and every part and parcel thereof, and that such person or persons, and all others having from time to time a similar warrant from Our said Commissioners, or any one of them in such quiet and peaceable possession of the said premises, you support, help and maintain from time to time, as often as occasion shall and may require; and what you shall do in the premises you shall certify to Us in Our said High Court of Justice before Us, at Toronto, on the day of Term next, together with this Writ; and herein fail not at your peril. missioners appointed under the Great Seal of Our Province of Ontario, by virtue of Chapter twenty-nine of The Revised Statutes of Ontario, to pre- day of you that you levy of the goods and chattels of the said in your County for payment of the said fine, then, We command you that you take the body of the said wheresoever he shall be found in your County, and him safely keep in your prison until he hath fully satisfied Us, the said fine so set and imposed upon him as aforesaid: and in what manner you shall have executed this Our Command make appear to Us in Our said Court, before Us, on the day and at the place aforesaid, and have then there this Writ. Witness the Honourable Writs issued out of the said Court.) Chief Justice (as in other R. S. O. 1877, c. 27, Sched. B. HE CHAPTER 30. An Act respecting the Clergy Reserves. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The moneys arising from the Clergy Reserves in Ontario Ontario Munishall form a separate Fund, to be called "The Ontario Munici- cipalities palities Fund," which shall consist of, (a) All moneys arising from the sale of Clergy Reserves in Ontario, whether now funded or invested either in the United Kingdom or in Canada, or remaining uninvested, or to arise from such sales; (b) The interest and dividends of moneys forming part of such Fund; (c) The interest upon sales of Clergy Reserves on credit, and (d) Rents, issues and profits arising from Clergy Reserves demised or to be demised for any term of years, and other casual and periodical incomings arising from Clergy Reserves, Fund. Moneys to be paid to the Provincial after deducting therefrom any sums chargeable against the said fund and the actual and necessary expenses attending the sales of the said Clergy Reserves, and of managing the same and the Fund aforesaid. R. S. O. 1877, c. 28, s. 1; 50 V. c. 5, s. 1. 2. The moneys forming the said Fund shall be paid into the hands of the Provincial Treasurer, and shall be by him applied Treasurer for to the purposes hereinafter mentioned, under the authority of the purposes this Act, or any general or special Order or Orders to be made by the Lieutenant-Governor in Council. R. S. O. 1877, c. 28, s. 2. of this Act. ance. Appropriation 3. The amount of the Municipalities Fund remaining unexof unappropriated bal pended and unappropriated under the foregoing provisions, on the thirty-first day of December in each year, shall be added to the amount voted by the Legislature for the support of Public and Separate schools for the succeeding year, and shall by the Minister of Education be included in the distribution of the Legislative grant to the several municipalities as provided by The Public Schools Act. 50 V. c. 5, s. 2. Repeal of certain parts of Imperial Act, 3-4 V. c. 78. Certain land to be deemed part of Clergy Reserves. 4. So much of the Act of the Imperial Parliament, passed in the session held in the third and fourth years of the reign of Her Majesty Queen Victoria, and chaptered 78, as limits the quantity of lands forming part of the Clergy Reserves which may be sold in any one year without the previous approbation in writing of one of Her Majesty's Principal Secretaries of State, and so much of the said Act as makes any appropriation of moneys forming part of the Clergy Reserves Fund, or arising from the sales of Clergy Reserves, other than is made by this Act, and so much of the said Act as is inconsistent with this Act is repealed. R. S. O. 1877, c. 28, s. 9. 5. Lands which have, under the authority of any Act at the time in force, been accepted in exchange for lands originally forming part of the Clergy Reserves in any part of this Province, shall be deemed to be Clergy Reserves for all the purposes of this Act. R. S. O. 1877, c. 28, s. 10. |