after the damages have been sustained; (j) and this section shall not apply to any road, street, bridge or highway laid out without the consent of the Corporation by By-law, until established and assumed by By-law. (k)

LOCAL IMPROVEMENTS OF STREETS.

340. The Council of every City, Town and incorporated By-laws for Village (may also pass By-laws for the following purposes:

Local rates

ments.

1. For assessing and collecting from the proprietors of real property, immediately benefited by making or repairing any for pavepavement in any public way or place near to such property, such sums as may be necessary for so making or repairing the same; but this sub-section shall not apply to Cities; (m)

placing gravel on the sides of the road and taking no precaution to prevent persons passing along the road from running against these heaps, whereby a person so driving might run against the heaps and be thereby injured. (Rowe v. The Corporation of Leeds and Grenville, 13 U. C. Q. B. 575.) Where the section is applicable, no additional time is given to a legal representative to bring the action, owing to the death of the intestate, by reason of negligence within the meaning of the section. (Turner v. The Corporation of the Town of Brantford, 13 U. C. C. P. 109.)

(j) The statute begins to run from the occurrence of the accident, not from the death. (Miller v. The Corporation of the Township of North Fredericksburgh, 25 U. C. Q. B. 31.) So where plaintiff's mare fell through a bridge and was injured, but did not die for four months afterwards, when the action was brought it was held to be too late. (Ib.) As soon as the mare was injured by falling through the bridge, the plaintiff's cause of action was complete. His damages in the words of the statute were then and from that time sustained. The subsequent death of the mare was merely additional evidence of the extent of his damages. (b.) The damage was not the less because he did not at the time know its full extent. (16.)

(k) It is not every road, street or bridge in a Municipality, that is a public road, street or bridge, within the meaning of the preceding section and this section. If the road, street or bridge be laid out without the consent of the Corporation by by-law, it is not within the meaning of these sections made public, so as to render the Corporation liable for damages for non repair, nor does it become public for the purposes of this section "until established and assumed by by-law."

() Neither counties nor townships are here mentioned; for the provisions of this section are such as are inapplicable to rural municipalities.

(m) The principle of local instead of general assessment is here sanctioned. The assessment for making or repairing any pavement, &c., may be imposed upon the proprietors of real property immediately benefited,&c. The sub-section is "not to apply to cities," because section 301 and following sections of this act make ample provision for local improvements in cities.

Lighting,

sweeping streets.

2. For raising, upon the petition of at least two-thirds of wateringand the freeholders and householders resident in any street, square, alley or lane, representing in value one half of the ratable property therein, such sums as may be necessary for sweeping, watering or lighting the street, square, alley or lane, by means of a special rate on the ratable property therein; (n) but the Council may charge the general corporate funds with the expenditure incurred in such making or repairing, or in such sweeping, watering or lighting as aforesaid; (0)

Preventing abstractions in streets.

Removal of

Joor steps,

&c.

For marking

ries of and

3. For regulating or preventing the encumbering, injuring or fouling, by animals, vehicles, vessels or other means, of any road, street, square, alley, lane, bridge or other communication; (p)

4. For directing the removal of door-steps, porches, railings or other erections or obstructions projecting into or over any road or other public communication, at the expense of the proprietor or occupant of the property connected with which such projections are found; (9)

5. For surveying, settling and marking the boundary lines the bounda- of all streets, roads and other public communications, and for giving names thereto, and affixing such names at the corners thereof on either public or private property. (r)

Daming

streets.

Exclusive Jurisdiction

Over certain roads by Counties.

EXCLUSIVE JURISDICTION OVER ROADS.

COUNTIES.

WHAT ROADS.

341. The County Council shall have exclusive jurisdiction. over all roads and bridges lying within any Township of the County, and which the Council by by-law assumes as a County road or bridge, until the By-law has been repealed by the

(n) The objects here contemplated are sweeping, watering or lighting. Assessments may be made for one or other of those objects. upon petition of at least two-thirds of the freeholders and householders resident in any street, &c., representing in value one half of the ratable property therein, &c." (See note to sec. 302.)

(0) The meaning is, that for the purposes mentioned, the Council may but is not bound to assess localities immediately benefited. If such be not done, of course the charge will fall upon "the general corporate funds."

(p) The power is not only to "regulate," but to "prevent."
(7) See sub-sec. 2 of sec. 296, and note thereto.

(r) To "survey" a street may be to open a new street; to "settle" a street may be to make certain the boundaries of a street already laid out; and this done, the boundary lines may be "marked."

Council, and over all bridges across streams separating two Townships in the County, and over every road or bridge dividing different Townships, although such road or bridge may so deviate as in some places to lie, wholly or in part, within one Township: (a)

(a) It is by sec. 316 enacted that the soil and freehold of every highway or road, altered, amended or laid out according to law, shall be vested in Her Majesty, Her heirs and successors. It is by sec. 338 enacted that every public road, street, bridge or other highway (not saying soil or freehold), in a city, township, town or incorporated village, shall be vested in the Municipality, subject to any rights in the soil which the individuals who laid out such road, street, bridge or highway reserved. It is by the section here annotated, enacted that the County Council shall have exclusive jurisdiction over the roads and bridges mentioned, which may include roads and bridges such as mentioned in sec. 316 and sec. 338. The editor endeavored in note j.to sec. 316 to reconcile secs. 316 and 338. It is now necessary, if possible, to reconcile the section under consideration, with those sections.

The section under consideration, it will be observed, omits all reference to "the soil and freehold" as provided for in sec. 316 and 338, and omits the use of the word "vest" as used in the latter section. It simply declares that as to the roads and bridges intended, the County Council (not corporation) shall have exclusive jurisdiction. The reason which probably led the Legislature to confer the exclusive jurisdiction upon counties over county roads and bridges, without vesting the soil or property of them in the counties, was, that the county has no peculiar or exclusive locality constituting the county, apart from the separate municipalities which compose it; and it might seem inconsistent after vesting every public road, street, bridge or other highway, in a city, township, town, or incorporated village in the Crown or in the particular local municipality, to vest any of the same highways in the corporation of the county, and therefore, "the exclusive jurisdiction" was alone conferred upon the County Council, as the grant of a power sufficiently large for all practical purposes, and indicating that the local municipality or municipalities are to be excluded from all interference in the exercise of that power. (Per Adam Wilson, J., in The Corporation of the County of Wellington v. Wilson et al. 16 TJ. C. C. P. 130.)

The exclusive jurisdiction is conferred as to the following roads and bridges:

1. All roads and bridges lying within any township of the county and which the Council of the county assumes as a county road or bridge.

2. All bridges across streams separating two townships in the county. 3. Every road or bridge dividing different townships, although such road or bridge may so deviate as in some places to lie wholly or in part within one township.

It would appear to be necessary for the County Council to pass a by-law assuming a road or bridge only where the road or bridge is within any township. In all cases of roads or bridges dividing different townships in the county, or bridges across streams separating two townships in the county, the County Council has exclusive jurisdiction

To ba

&c.,

TOWNSHIP BOUNDARY LINES.

1. All Township boundary lines not assumed by the County opened, & Council shall be opened, maintained and improved by the Township Councils; (b)

Try Township
Councils.

If any Couneil fails to perform its

duty.

2. Whenever Township Councils fail to maintain such roads, in the same way as other Township roads, by mutual agreement as to the share to be borne by each, it shall be competent for one or more of such Councils to apply to the County Council to enforce joint action on all Township Councils interested; (c)

by authority of the statute, without any by-law whatever (per Adam Wilson, J., in The Corporation of Wellington v. Wilson et al., 14 U. C. C. P. 303.) The County Council has no jurisdiction to assume as a county road any road or bridge within any town or incorporated village. Cities, towns, and villages are not mentioned in this connection, and consequently roads and bridges within such municipalties remain exclusively under the jurisdiction of each local municipality, within which they are respectively situated (per Burns, J., in The Churchwardens of St. George's Church v. The Corporation of the County of Grey, 21 U. C. Q. B. 265.)

(b) The sub-sections which follow are new and their meaning in connection with the foregoing anything but clear. By "Township Boundary line" is probably meant, a road forming a township boundary. (See sub-sec. 7.) This (if not assumed by the County Council) is to be opened, maintained and improved by the Township Councils. It will appear from what is stated in the preceding note, that all roads dividing different townships are under the exclusive jurisdiction of the County Council, whether assumed by by-law or not. If this sub-section is to be looked upon as extending to roads dividing different townships and so forming a boundary to each, their exclusive jurisdiction is not to be deemed as including any obligation to open, maintain or improve, which obligation is now thrown upon the Township Councils." It does not extend to township boundaries, which are also county boundaries; for as to the latter, provision is made by sub-sec. 7 and following sub-sections. The object of these sub-sections is as much as possible to relieve counties of the burden of keeping roads in repair, and throw that burden upon the local municipalities adjacent thereto. The wisdom of such a policy is doubtful. To cast the burden upon a particular locality, of keeping in repair a county road used by the whole county, seems unfair and unreasonable. (See remarks of Adam Wilson, J., in Rose and the Corporation of the United Counties of Stormont, Dundas and Glengary, 22 Ú. C. Q. B. 537.)

(c) The roads here intended are the Township Boundary lines," mentioned in the preceding sub-section. Apparently the intention is to embrace roads dividing townships; otherwise there would be no necessity for a provision as "to the share to be borne by each" in respect of the obligation to open, repair and improve. It is true that in the case of townships adjacent to an unsurveyed track, the provision would be in terms applicable, whether townships were divided or not by "the boundary line." But the probability is, that the Legislature

Councils fail.

3. In cases where all the Township Councils interested If all the neglect or refuse to open up and repair such lines of road in a manner similar to the other local roads, it shall be competent for a majority of the rate-payers resident on the lots bordering on either or both sides of such line, to petition the County Council to enforce the opening up or repair of such lines of road by the Township Councils interested; (d)

County

4. It shall be the duty of a County Council receiving such Duty of petition, either from Township Councils or from rate-payers, Council on as in the preceding sub-section mentioned, to consider aud act petition. upon the same at the session at which the petition is presented'; it shall be the duty of the County Council to determine upon the amount which each Township Council interested shall be Amount to required to apply for the opening or repairs of such lines of be furnished road, or to direct the expenditure of a certain proportion of Township. statute labour, or both, as may seem necessary to make the said lines of road equal to other local roads; (e)

by each

order of

Council as to

5. It shall be the duty of the County Council to appoint a CommissionCommissioner or Commissioners to execute and enforce their ers to enforce orders or by-laws relative to such roads; provided always, County that if the representatives of any or all of the Townships such roads. interested shall intimate to the Council or to the Commissioner or Commissioners so appointed, their intention to execute the work themselves, then such Commissioner or Commissioners shall delay proceeding for a reasonable time; but if the work be not proceeded with during the favourable season by the

meant the sub-section to have a more extended operation. This supposition is confirmed by a reference to sub-sec. 3, which gives certain powers to the rate-payers bordering "on either or both sides of such line." The County Council is, in relation to such townships, as it were, made the arbiter. Power is given to the County Council, on the application of any township interested, "to enforce joint action" on all interested. The application should be by petition.

(d) The preceding sub-section supposes at least one of the townships interested disposed to do what is required of it. But if all interested fail to perform the duty cast upon them, a majority of the rate-payers resident on the lots bordering on either or both sides of such line, may petition the Council to enforce the opening up or repair of such line, by the Township Councils interested. The time and mode of so doing are provided for by the next sub-section.

(e) In order that time may not be unnecessarily lost, it is made the duty of the County Council "to consider and act upon" the petition "at the session at which the petition is presented." The action may be either by directing the expenditure of money, or the doing of statute labour, or both, as may seem necessary, "to make the said lines of road equal to other local roads." (See note f to sec. 339.)

Proviso.