the purchase money.

313-All sums agreed upon or awarded in respect of such Charges on real property, shall be subject to the limitations and charges to which the property was subject. (p)

JOINT JURISDICTION OVER ROADS.

diction over

314.-In case a road or bridge lies wholly or partly be- Joint juristween a County, Town or City and an adjoining County, certain roads Town or City, the Councils of the Municipalities between which the road or bridge lies, shall have joint jurisdiction over the same, although the road or bridge may so deviate as in some places to be wholly or in part within one County. (2) 315.-No By-law of the Council of any one of such Municipalities, with respect to any such last mentioned road or

(P) In the absence of special clauses for that purpose, the effect of a provision enabling a person under disability, &c., to convey land for some authorized public purpose, is not to alter the course of devolution of property without the consent of the owner. And therefore if a municipal council, railway company, &c., contract with incapacitated persons for the purchase of land, the money is in equity to be considered as real and not as personal estate. (Midland Counties Railway Co. v. Owen, 8 Jur. 188.) Money paid into Court by a railway company, for land taken from a person who was in a state of mental imbecility, and who continued in that state until his death, but was not the subject of a commission of lunacy, was ordered after his death not to be reinvested in or considered as land, but to be paid to his executors. (In re East Lincolnshire Railway Act, 1 Sim. N.S. 260.) Money paid into Court for land taken under the compulsory powers of the English Act 5 & 6 Wm. IV. cap. 69, for a Poor Law Union, during the life of a tenant for life, who by the failure of intermediate limitations became tenant in fee simple, passed as real estate to his heir. (In re Harness Estate, 16 Jur. 1063.) Where the purchase money of land taken under the compulsory powers of an Act of Parliament, for public purposes, is paid into Court subject to be reinvested in the purchase of land, free of expense to the parties beneficially interested, on their petition, it is impressed with real uses and is prima facie to be treated as real estate. (In re Stewart's Estates, 16 Jur. 1063.) If the person absolutely entitled to the money land has a right to elect to take it as personalty, a mere acquiescence in its remaining invested in consols during his life, and his will, by which he bequeaths personal estate only, and does not devise realty, are not such proofs of election as to prevent the funds descending on his death to his heirs. (Ib.)

(7) This section does not make any mention of Incorporated Villages or Townships. As to Townships, it is elsewhere provided that the County Council shall have exclusive jurisdiction over all roads, &c., lying within any Township of the County, and which the Council assumes as a county road, &c. (Sec. 325.)

Both Counconeur in

cils must

pecting

By-laws res bridge, (r) shall have any force until a By-law has been passed in similar terms as nearly as may be by the other of the Councils, having joint jurisdiction in the premises. (s)

them.

Arbitration

if they do

not concur.

316.-In case one of such Councils omits to pass a Bylaw in similar terms to that passed by the other for six months after notice of the By-law, the duties and liabilities of each Municipality in respect to the road or bridge shall be referred to arbitration under the provisions of this Act. (t)

POWERS OF ALL COUNCILS RESPECTING ROADS, BRIDGES AND WORKS. 317.-The Council of every Township, County, City, Statute La Town and Incorporated Village (u) may pass By-laws: (v)

By-laws respecting

bour.

Voluntary commuta

tion.

Compulsory commutation.

STATUTE LABOUR.

1. For empowering any person, (resident or non-resident liable to statute labour within the Municipality; (w) to compound for such labour, for any term not exceeding five years, at any sum, not exceeding one dollar, for each day's labour; (x)

2. For providing that a sum of money, not exceeding one dollar for each day's labour, may or shall be paid in commutation of such statute labour; (y)

(r) i. e. A road or bridge which lies wholly or partly between a County, Town or City, and an adjoining County, Town or City.

(s) In this manner only can "a joint jurisdiction" be exercised. If either municipality neglects for six months to pass a by-law similar in terms to that passed by the other, an arbitration must take place. (Sec. 316.)

(1) See sec. 836. It is not declared by whom the reference is to be made; but the intendment is that it is to be made by the Municipal Council which passed the by-law.

(u) Every description of municipality is embraced.

(v) By-laws.-See note v to sec. 186.

(w) Every male inhabitant of the age of twenty-one years and upwards, and under sixty years of age, whether possessed of property in the municipality or not, is liable either to statute labour or commutation therefor (16 Vic. cap. 182, secs. 35 & 36); and under the former law it was held that a non-resident owning several lots of land in the same township was chargeable on account of statute labour with the rate of commutation, estimated with reference to the value of each lot separately, and cannot claim to have them rated according to their aggregate value. (The Canada Company v. Howard, 9 U. C. Q. B. 654.)

(x) Two things here deserve attention; first, the term, and, secondly, the sum, In no statute hitherto was there express power given to compound for a term so long as five years. In 1857 Municipal Councils were expressly enabled to fix the commutation rate at any sum not exceeding five shillings for each day's labour. (20 Vic. cap. 6.) (y) The power to commute for statute labour is given by sec. 36 of

labour.

3. For increasing or reducing the number of days' labour, Fixing numto which the persons rated on the assessment roll or other- ber of days' wise shall be liable, in proportion to the statute labour to which such persons are, in respect of the amounts at which they are assessed or otherwise, respectively liable: (*)

Statute La

4. For enforcing the performance of statute labour, or pay- Enforcing ment of a commutation in money in lieu thereof, when not bour. otherwise provided by law; (a)

the applica

5. For regulating the manner and the divisions in which Regulating statute labour or commutation money shall be performed or tion of expended; (b)

GENERAL POWERS.

Labour and commutation money.

roads, &c.

6. For opening, making, preserving, improving, repairing, Opening widening, altering, diverting, stopping up and pulling down, drains, sewers, water courses, roads, streets, squares, alleys, lanes, bridges or other public communications, within the jurisdiction of the Council, (c) and for entering upon, breaking up, taking or using any land in any way necessary or con

16 Vic. cap. 182, and a scale is there furnished by which the commutation money of each person assessed shall bear a fair proportion to the property for which he is assessed,

(2) Power was given by the Assessment Act to the Municipal Council of every township, by by-law, to operate generally and ratably, to reduce or at their discretion increase the number of days' labour to which all the parties rated on the assessment roll or otherwise should be liable, so that the number of days' statute labour to which each person should be liable should be in proportion to the amount at which he is assessed. (16 Vic. cap. 182, sec. 86.)

(a) Statute labour or its commutation may, under the Assessment Act, be enforced by distress and sale of the goods and chattels of the party in default; failing which, he is liable to imprisonment for any time not exceeding six days. (Ib. sec. 42 et seq.) It was under the old law held that the Municipal Council of a village had no authority to impose the performance of statute labour, or a tax in lieu thereof, except on those inhabitants who were not otherwise assessed. (In re Executors of Dickson v. the Municipal Council of the Village of Galt, 9 U. C. Q. B. 257.) The authority of an incorporated village is now in this respect equal to that of any other description of municipality. (Sec. 409.) It was also held, under the Municipal Act of 1849, that a proprietor of land could not be compelled to do statute labour in the township in which the land lay, unless he himself were a resident of that township. (Moore v. Jarron, 9 U. C. Q. B. 233.)

(b) The power to regulate the divisions implies a power to make divisions, to which is added a power to regulate the manner in which the labour shall be performed or the commutation money expended in each division.

(c) The jurisdiction depends on secs. 302 to 314, inclusive of this act.

To raise money by toll.

To regulate driving on bridges.

To make regulations as

venient for the said purposes, subject to the restrictions in this Act contained; (d)

TOLLS.

7. For raising money by toll, on any bridge, road or other work, to defray the expense of making or repairing the same; (e)

FAST DRIVING ON BRIDGES.

8. For regulating the Driving and Riding on public Bridges; (f)

PITS AND PRECIPICES.

9. For making regulations as to pits, precipices and deep to pits, &c. waters, and other places dangerous to travellers; (9)

(d) It was at one time contended that the Municipal Councils have only authority to change the direction of existing roads, and to widen or otherwise alter them-not to make new roads; but it is now settled that such Councils have power to make new roads through any person's lands, not merely as substitutes for other roads running near and between the same points, but to afford a passage from one point to another where there has been no passage before. (Dennis v. Hughes et al., 8 U. C. Q. B. 444.) The power to repair highways must be reasonably exercised. (Reid v. the City of Hamilton, 5 U. C. C. P. 269; Croft v. the Town Council of Peterborough, 5 U. C. C. P. 35.) A Municipal Council, for instance, in order to drain a highway, has no right to bring down water in any quantity upon the land of an individual, and leave the water to stagnate there, without showing that it could not in any way have been got rid of without throwing it on plaintiff's land, and without showing that it was not in the power of the Council to lead the water away from the plaintiff's land after the Council had conducted it there. (Brown v. the Municipal Conncil of Sarnia, 11 U. C. Q. B. 87.) But the Council is not responsible for injuries to the property of private persons resulting from natural causes,-thus: where, during the repair of a highway, stones and other materials collected for it about a culvert, were by a violent storm carried into a miller's raceway, the Council was held not to be liable for the damage. (Snook et al. v. the Town Council of Brantford, 14 U. C. Q. B. 255.) A by-law of a County Council appropriating a certain sum of money "to be expended on certain roads within the county (not defined) in such manner as the township and town councillors may think proper," has been held bad. (In re Conger and the Peterborough Municipal Council, 8 U. C. Q. B. 349.) So a by-law taxing the wild lands of a district, "for the purpose of improving the roads and bridges (not defined), and liquidating the debts of the district." (Doc dem. McGill v. Langton, 9 U. C. Q. B. 91.)

(e) The authority to raise money by toll on a bridge, &c., appears to exist only when necessary "to defray the expense of making or repairing the same."

(f) Of course a Municipal Council has no jurisdiction over a private bridge on private property.

(9) The power to make regulations as to pits, &c., and other places

ROAD ALLOWANCES.

stone, &c.

stop up or

allowance.

10. For preserving or selling timber trees, stone, sand, or For preservagravel, on any allowance or appropriation for a public road; (h) tion of trees, 11. For selling the original road allowance to the parties when the next adjoining whose lands the same is situated when a public Council may road has been opened, in lieu of the original road allowance, sell a road and for the site or line of which compensation has been paid, and for selling in like manner to the owners of any adjoining land, any road legally stopped up or altered by the Council; and in case such parties respectively refuse to become the purchasers at such price as the Council thinks reasonable, then for the sale thereof to any other person for the same or a greater price: (i)

PERMITTING ROADS TO PASS, &c. (j)

Road or

Companies.}

12. For regulating the manner of granting to Road or Granting Bridge Companies permission to commence or proced with privileges to Roads or Bridges within its jurisdiction, and for regulating Bridge the manner of ascertaining and declaring the completion of the work so as to entitle such companies to levy tolls thereon, and for regulating the manner of making the examinations necessary for the proper exercise of these powers by the Council;

TAKING STOCK IN.

13. For taking stock in, or lending money to, any such incorporated Road or Bridge Company, under and subject to the respective Statutes in that behalf; (k)

dangerous to travellers, may involve the right to some degree to interfere with private rights of property.

(h) It has been questioned whether a Municipal Corporation has a right to sell timber trees on a road allowance, so as to impart a vested interest and possession in the trees to the vendee, and in the soil as incidental. If the vendee were not bound forthwith to remove them, they might be suffered to remain incumbering the allowance for road indefinitely. (Cochran v. Hislop, 3 U. C. C. P. 440.)

(i) Where a public road has been opened through private property, in lieu of an original allowance for road, for which compensation has been paid, the original allowance may be sold "to the parties next adjoining whose lards the same is situated." The allowance may adjoin on each side the lands of different parties, and it then becomes a question whether the Council is bound to sell to each one half of the allowance, or may sell the whole to one. Similar authority is conferred as to "any road legally stopped up and altered by the Council." If the parties, entitled to preëmption refuse to purchase, then and only then is the Council authorized to sell to any other person. (j) The heading should be "Permitting road and bridge companies to pass," &c.

(*) The Act for the formation of Joint Stock Companies for the

Taking stock in, or making

loans to such Companies.