Preamble. 8 V. c. 20. Value of fence to bedetermined in the same way as the proportion to be made by each party. Preamble. CAP. CXXXVII. An Act to amend the Act relating to Line Fences and W [Assented to 30th May, 1855.] THEREAS it is by the third section of the Act of the eighth Victoria, Chapter twenty, provided, that the party who shall neglect or refuse to make or repair an equal or just proportion of the division or line fence, shall pay therefor a sum not exceeding the sum of two shillings and six pence currency, per rod; And whereas it is found from the scarcity of timber and materials in many localities, that the said sum of two shillings and six pence per rod aforesaid, is not an adequate or fair reinuneration to the party who shall make such fence: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows: I. So much of the said third section of the above recited Act, as limits the said sum to two shillings and six pence per rod, is hereby repealed, and the amount shall be determined in like manner as is provided by the said Act as to the parties who shall pay therefor, and the parties may be heard to ascertain the amount in like manner as they may be heard as to the proportion of fence to be made. CAP. CXXXVIII. An Act to repeal the Act of last Session, Chapter one hundred and eighty-nine, and to regulate travelling on Public Highways in Upper Canada. [Assented to 30th May, 1855.] WHEREAS it is necessary to make better provisions than exist, to regulate travelling on the Highways in that part of this Province formerly Upper Canada: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows: I. The Act of the Parliament of this Province passed in the Repeal of 16 sixteenth year of Her Majesty's Reign, chaptered one hundred . c. 189, and and eighty-nine, and intituled, An Act to provide for the safety other Acts inof Her Majesty's Subjects and others on the Highways in Upper with this Canada, and to regulate the Travelling thereon, and all other Act. Acts and parts of Acts now in force, inconsistent with the provisions of this Act, shall be and are hereby repealed. consisteut drive to the II. All persons proceeding, going or travelling upon any Carriages highway in Upper Canada, in charge of any vehicle drawn by meeting to one or more horses, or other animal or animals, shall, when right, giving meeting any other vehicle drawn by one or more horse or half the road. horses, or other animal or animals, turn out to the right from the centre of the road, allowing to such vehicle so met one-half of the road; and if by reason of the extreme weight of the load on either of such vehicles the driver thereof shall find it impracticable so to turn out, he shall immediately stop, and if neces- If the weight sary for the safety of the other vehicle, and when required so to of one of their do, he shall assist the person or persons in charge thereof to prevents this. pass without damage. III. Every person proceeding, going or travelling on any Carriage overhighway as aforesaid, or on horseback, when overtaken by any taken to turn to the right. vehicle or horseman travelling at greater speed, shall quietly turn out to the right, and allow the said vehicle or horseman to pass; and in the case of one vehicle being overtaken by another, If the weight if by reason of the extreme weight of the load on the vehicle so of one of them overtaken the driver thereof shall find it impracticable so to prevents this. turn out, he shall immediately stop, and if necessary for the safety of the other vehicle, and when required so to do, shall assist the person or persons in charge thereof to pass without damage. too drunk to IV. Every person in charge of any vehicle on any highway Penalty on aforesaid, or of any horse or other animal used as the means of drivers, &c., conveyance, who shall through drunkenness be unable to ride manage their or drive the same with safety to Her Majesty's subjects and to horses. others travelling the said highway, shall, upon conviction thereof, be liable to the penalties imposed by this Act. V. All racing or furious driving upon any highway in Upper Racing, Canada, shall be unlawful, and the person or persons so racing swearing, &c., or furiously driving, or shouting or using blasphemous or inde- on highway cent language, shall, on conviction thereof, be liable to the penalties imposed by this Act. forbidden. forbidden. VI. Any person or persons riding or driving any vehicle, Fast driving horse or other beast of burden, over any bridge above the length over bridges of thirty feet, at any pace faster than a walk, shall be liable to the penalties imposed by this Act: Provided always, that a Proviso. notice of the regulation hereby imposed shall first be conspicuously placed on such bridge. Sleigh horses to have bells. Penalty for contravening this Act, and VII. Every person travelling on any highway aforesaid, with any sleigh, sled or cariole, drawn by one or more horse or horses, or mule or mules, shall have at least two bells attached to the harness of such horse or horses or mule or mules. VIII. For any contravention of any of the preceding sections of this Act, duly proved upon the oath of any credible witness, how enforced. before any Justice of the Peace having jurisdiction within the County where the offence shall have been committed, the offender shall incur a penalty of not less than five shillings nor more than five pounds, in the discretion of the said Justice, with costs, to be levied by distress and sale of the goods and chattels of the offender; and in default of payment and distress, the offender shall be imprisoned in the Common Gaol of the County, for a period of not less than one day and not more than twenty days, at the discretion of the convicting Justice: Provided always, that the said fine and imprisonment shall be no bar to the recovery of damages by the injured party before any Court of competent jurisdiction. Proviso: not to bar action of damages. Application of penalties. Appeal. Extent of Act. Preamble. IX. All fines collected under this Act shall be paid to the Treasurer or Chamberlain of the Township, Village, Town or City where the offences for which they were imposed were committed, to be applied to the general purposes of such Township, Village, Town or City. X. All convictions under this Act shall be subject to appeal in the same manner as other summary convictions before Justices of the Peace. XI. This Act shall apply only to Upper Canada. CAP. CXXXIX. An Act to amend the Upper Canada Road, Bridge, Pier or Wharf Joint Stock Companies Act of 1853. W [Assented to 30th May, 1855.] HEREAS it is expedient that the Municipal Corporations of Cities and Towns in Upper Canada should be authorized to assist with Subscriptions for Stock or Loans of Money, the formation or construction of Roads or Bridges within or without such Cities or Towns, the making whereof will benefit the inhabitants thereof, as well as those passing through or along the boundaries of such Cities and Towns: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, regards the Municipalities I. That all and every the provisions of the twenty-third and sects 23 and twenty-fourth sections of the Act passed in the Sixteenth year 24 of 16 V. of Her Majesty's Reign, intituled, An Act to amend and consoli- c. 190, to he held to apply date the several Acts for the formation of Joint Stock Companies to certain for the construction of Roads and other Works in Upper Canada, Companies as shall, in so far as respects the Municipal Bodies Corporate of Cities and Towns in Upper Canada, apply and be held and or U. C. construed to apply to all cases of Companies formed or to be formed under the said Act, or heretofore chartered by any Act of the Legislature, for the formation of Roads, or the construction of Bridges within or without such Cities and Towns respectively. Loans, &e. be deemed II. And be it enacted, that all Subscriptions for Stock in any Subscriptions such Company heretofore made by or on behalf of any such for Stock, Municipal Body Corporate, and all acts done, and rights exer- already made cised in relation to the same, as well as all Loans of Money by such Muheretofore negotiated and effected by any such Municipal nicipality, to Body Corporate to any such Company, and all Debentures valid." issued in pursuance thereof shall be held and deemed to have been legally and rightfully made, done, exercised, negotiated, effected and issued, and the same shall be, and be deemed as good, valid, and effectual and binding to all intents and purposes whatsoever as if the first section of this Act had formed part of the Act therein mentioned. CAP. CXL. An Act to remove doubts as to the true application of the Act to provide for the recovery of certain Rates and Taxes intended to be imposed by certain By-laws of the late District Councils or County Councils, in Upper Canada. [Assented to 30th May, 1855.] HEREAS the Act passed in the sixteenth year of Her Preamble. Majesty's reign, intituled, An Act to provide for the recovery of the Rates and Taxes intended to be imposed by certain 16 V. c 183, By-laws of the late District Councils of Upper Canada, was passed with the view of legalizing certain rates imposed by certain of the late District Councils of Upper Canada, under and by virtue of the Act passed in the fourth and fifth years of Her Majesty's reign, intituled, An Act to provide for the better 4 & 5 V. c. 10internal Government of that part of this Province which formerly constituted the Province of Upper Canada, by the establishment of local or Municipal authorities therein, which said-By-laws or some of them, were informal, and contained certain provisions not strictly in accordance with the said last mentioned Act, and of removing any doubt which might exist as to the legality of certain sales for arrears of taxes accruing under the Failure to advertise, &c., under sect. 7, not to invali said informal By-laws; And whereas certain provisions were made in and by the said first mentioned Act, and certain proceedings were required to be taken, for the purpose of remedying the difficulties which had arisen and might arise from the said informalities, and doubts have arisen whether the said provisions were applicable to any other than Counties the former District Councils representing which had passed informal Bylaws, and it is expedient to remove the same: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of United Kingdom of Great Britain. and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows: I. The failure to advertise lands in arrear for taxes, in the year one thousand eight hundred and fifty-three, as provided by the seventh section of the hereinbefore first recited Act, shall date claim of not invalidate the claim of such Counties for taxes which were Counties. then lawfully duc. CAP. CXLI. Preamble, An Act to prohibit Interments in certain Burial Gourds in the City of Quebec. W [Assented to 19th May, 1855.] THEREAS it is essential to the salubrity of the City of Quebec and the health of the Inhabitants of the said City, that the interment of dead bodies in the burial grounds hereinafter mentioned, situated in populous wards of the said City, should be prohibited for the future: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the Burials not to same, That from and after the passing of this Act, it shall not take place in be lawful to inter any dead body in the Roman Catholic burial ground known by the name of Cimetière des Picotés, situate in Palace Ward in the said City, nor in the burial ground which surrounds the Parochial Church of the Parish of Notre-Dame de Québec, nor otherwise than in tombs or vaults now owned and possessed by individuals or families in the burial ground known by the name of the English Burial Ground, situate in Saint John Street, in Saint John's Ward in the said City. certain Cemeteries and places. |