all and every Steam-boats, Steam-cars and Steam-carriages, arriving at his port or station, and carefully to examine the guards of the Machinery of every Steam-boat or Steam-carriage entering such port or station; and if the guards be not properly and substantially erected, so as to secure the safety of persons when such Machinery is in operation, the said Collector or his Deputy is to notify the same to the Master, or person in charge of such Steam-boat, Steam-car or Steam-carriage, and direct him to make the necessary and substantial guards.

to enter Mills, &c. and to

III. And be it further enacted by the authority aforesaid, That it shall Justices of Peace, &c. and may be the duty of every Justice of the Peace within this Province, within the District in which he shall reside and usually act as a Justice of the Peace, to enter into or upon all buildings wherein Machinery is now or shall hereafter be erected, and inspect and examine the Machinery thereof or attached thereto; and if upon such examination, the guards used in and about such Machinery shall be found insufficient, such Justice shall notify the same to the owner or occupier of such building, and direct the necessary guards to be erected.

or Masters, &c.

IV. And be it further enacted by the authority aforesaid, That in case Penalty in case of neglect the Master, or person in charge of any Steam-boat, Steam-car or Steam- to erect guards by Owners carriage, or the owner or occupier of any building wherein Machinery is now or shall hereafter be erected, shall neglect or refuse to comply with the directions of such Collector of Customs, or Justice of the Peace, respecting them, he, she or they, so re fusing or neglecting, and being thereof convicted before one or more Justice of the Peace, shall forfeit and pay for every such offence any sum not exceeding one pound; and in default of payment of such sum, with the reasonable costs of conviction, such Master, or person in charge, owner or occupier respectively, shall be sent to the Common Gaol of the District, within which such offence shall have been committed, for any period not exceeding thirty days.

deliver certificate of

V. And be it further enacted by the authority aforesaid, That upon the inspection of any Steam-boat, Steam-car or Carriage, and of any building Collector or Justice to wherein or whereto Machinery shall be used or attached as aforesaid, it sufficiency of guards, &c, shall appear to the Collector of Customs, or Justice of the Peace respectively, inspecting the same, that the guards to be erected in compliance with this Act are sufficiently safe and substantial, such Collector or Justice respectively, shall deliver to the person in charge of such Steam-boat, Steam-carriage or Car, and to the proprietor or occupier of such building

as aforesaid, a certificate to that effect; and such certificate shall for six certificate to afford calendar months from the date thereof, be a good and sufficient protection protection for six months,

G

Preamble.

A Board to bo established in each District, to be styled the Boundary Commissioners;

Its jurisdiction;

to the Masters and owners, and occupiers of such Steam-boat, Steamcarriage or Car, and building respectively, as aforesaid, against any penalty to be incurred under the provisions of this Act: Provided, that such safe-guards shall at all times be kept in good and sufficient repair.

CHAP. XIX.

AN ACT to authorise the establishment of Boards of Boundary Line
Commissioners within the several Districts of this Province.

[Passed 6th March, 1838.]

WHEREAS the errors or defects in Surveys heretofore made within this Province, are found to occasion disputes and differences between individuals, touching the boundaries of Townships, Concessions and Lots, and to involve parties in expensive litigation: And whereas, it is expedient to provide a remedy for these evils, by the appointment of Commissioners in every District, with the powers and under the restrictions hereinafter expressed: Be it therefore enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That from and after the passing of this Act, it shall and may be lawful for the Lieutenant Governor of this Province, to nominate and appoint three fit and proper persons in each and every District of this Province, (one of whom shall be a Licensed Surveyor,) to form a Board, to be known by the style and title of "The Boundary Commissioners" of the District for which they shall be so respectively appointed; and the said Commissioners for the time being, shall have power and authority, and are hereby authorised and required to hear and determine all matters of dispute touching any line or lines, boundary or boundaries, of any Township, Concession or Lot, and of any part or parts of any lot or lots within their respective Districts, and to ascertain, fix and determine, such lines, boundaries or divisions, as shall appear just and reasonable, and to give and pronounce such judgment and decree therein, and to award execution thereupon for such costs as shall, by the said Commissioners, be ascertained to have been reason

to appeal

ably incurred, against the goods and chattels of all and every the person and persons whom they shall decree to pay the same, as to them or any two of them shall seem just in law or equity; and that the acts, orders, judgments and decrees, of the said Commissioners, or any two of them, Its orders final; subject shall be final and conclusive between the parties, their heirs and assigns, except in cases of appeal, to be brought within the time and in the manner The Commissioners to hereinafter mentioned: Provided always, that the said Commissioners be appointed during shall be appointed and hold their office during the pleasure of the Lieutenant Governor, and no longer.

pleasure.

if related to any party

Substitute for such Com

and how.

II. Provided always, and be it further enacted by the authority aforesaid, That it shall not be lawful for any Commissioner to be appointed Commissioners not to act, under the provisions hereinbefore contained, to act in any case that shall interested. be heard and determined under the provisions of this Act, wherein such Commissioner, his father or mother, brother or sister, or child, or any relation of his wife, in the same degree of consanguinity, shall be directly or indirectly interested; but then and in such case, the place of such Commissioner so interested, by himself or his relatives as aforesaid, shall be missioner to be selected, supplied by a Commissioner to be selected by the Commissioners of the District wherein such case shall arise, and who shall not be interested therein, from the Commissioners appointed for a District adjoining thereto; and such last-mentioned Commissioner shall be duly summoned, and shall be bound to attend the sittings of the Board for the District wherein such case shall arise, and shall have the same powers, in all respects touching such case, as if he had originally been appointed a Commissioner for such District, instead of a Commissioner for an adjoining District,

respecting boundary lines

be determined.

III. And be it further enacted by the authority aforesaid, That in all Mode in which questions cases which shall arise touching the boundary line between any two or between Districts are to more Districts, the Commissioners appointed for each of the Districts interested in such case, shall be summoned and required to hear and determine all matters of dispute touching the same; and no decision shall be binding on any District interested therein, unless a majority of the Commissioners to be appointed for each such District shall have been present at every sitting to be holden for the purpose of hearing and determining such dispute; and the acts, orders, judgments and decrees, of such united Board of Commissioners, or the majority of the Commissioners present at such sitting, shall be final and conclusive between the Districts interested Appeal. in such dispute, except in cases of appeal, to be brought within the time and manner hereinafter mentioned.

IV. And be it further enacted by the authority aforesaid, That the inhabitants of any Township or Concession, owner or owners of any lot

pursued by owners of

before the Commissioners.

Commissioners to issue
Warrant.

Form of proceeding to be or lots, either in fee or for any less estate of freehold, who shall require Freehold seeking redress redress touching the boundary or boundaries thereof, or any part thereof, shall give notice in writing to any one or more of the Boundary Commissioners of the said District, requiring them to hear and determine the questions affecting the same; and the said Commissioners, or any one or more of them, shall, within ten days from the receipt of such notice, issue a warrant or precept to the person or persons interested in the matter, to attend the said Board, at some place and on some day in the said warrant or precept to be named, not exceeding twenty-one days from the receipt of the said notice, and which said warrant or precept shall be in the words or to the form and effect set forth in the schedule to this Act annexed.

Where their sittings are to be held.

Adjournments.

Decision to be made

within six months from issuing of Warrant.

A view shall be had, if required.

Survey and map to be filed with judgment.

Witnesses to be summoned and sworn.

V. And be it further enacted by the authority aforesaid, That the said Commissioners shall, in all cases, hold their sittings at the most convenient spot near to the disputed boundary or boundaries, not in any case exceeding the distance of ten miles from the same.

VI. And be it further enacted by the authority aforesaid, That whenever any party interested in the matter shall apply for an adjournment, it shall and may be lawful for the said Commissioners, on sufficient reason being shewn to them, upon oath and upon payment of reasonable costs by the party applying for such adjournment, to adjourn the sitting of the said Board, from time to time, and to any day not exceeding twenty days from the day of sitting: Provided always, that the decision of every question shall be made within six months from the issuing of the original warrant or precept for hearing the same.

VII. And be it further enacted by the authority aforesaid, That previous to the hearing of any question, under the provisions of this Act, the said Commissioners shall, if required by any of the parties interested, proceed to and view the boundary or boundaries in dispute, in their own proper persons; and it shall be lawful for them, and they are hereby required, to employ a competent Surveyor to make a survey and map thereof, which map shall be annexed to and filed with their judgment and decisions, as hereinafter provided.

VIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Commissioners, or any one or more of them, to summon any person or persons resident in such District, or in a District immediately adjoining thereto, to give evidence touching any matter upon which they shall be required to adjudge and determine under the provisions of this Act, and to produce any papers or documents in their possession relative thereto; and for the better discovery of the truth, and

the more solemn determination thereof, it shall and may be lawful for the said Commissioners assembled at any Board, and they are hereby authorised and empowered, to administer or cause to be administered, an oath or oaths as well to the party complaining as to the party answering, and to such witness or witnesses as shall be examined or produced by either party; and also to all or any of the persons who shall be employed under the said Board, and to all other persons whomsoever, for or concerning any business relative thereto, and to take the affirmations of all person whomsoever concerning the same, who are or shall be of the people called Quakers, or such other denomination of Christians as are allowed to give

on the evidence of

their evidence on affirmation: Provided, that the said Commissioners shall No judgment to be given in no case give judgment on the oath or affirmation alone of any party interested party only. interested in any matter to be heard by the said Board, unless there shall

be sufficient other evidence to warrant such judgment, independent of such oath or affirmation.

IX. And be it further enacted by the authority aforesaid, That all Evidence to be taken in evidences to be taken before the Commissioners shall be reduced into writing, and signed. writing, and be read over and signed by the persons giving the same, and such persons shall be required to attest the same upon oath or affirmation as aforesaid, and the same evidence shall be kept by the Commissioners, ready to be produced upon any appeal to be brought against the judgment or decision of the said Commissioners, as hereinafter is provided.

X. And be it further enacted by the authority aforesaid, That all what documentary copies of plans, descriptions, instructions, field-notes or other evidences evidence to be admissible. of Survey, and all other documents of a public character, certified by the Surveyor General, or person in charge of the Office of Surveyor General for the time being, or by the person in charge for the time being of any other Public Office, in which any such documents may be deposited, shall be admissable in evidence before such Commissioners, or upon any other Judicial proceeding under this Act, in the same manner, and no other, as if the same were proved by evidence given vivâ voce: Provided always, that it shall be the duty of any person employed in any Public Office in Affidavits of persons in this Province to answer upon oath, to be administered before any Com-received, provided oppormissioner for taking Affidavits in the Court of King's Bench, any questions which the Commissioners to be appointed under this Act shall in writing require to be answered; and that the evidence obtained in such manner shall be received as if given vivâ voce before the Commissioners: Provided it be made appear to their satisfaction, that the parties interested have had a reasonable opportunity afforded to them of proposing questions by way of cross-examination.

public offices to be

tunity given ci crossexamination.

XI. And be it further enacted by the authority aforesaid, That if any False swearing perjury person shall wilfully and corruptly swear falsely in any matter deposed