or Justices and included in the conviction, when such damages, together with the fine or penalty imposed, do not together exceed twenty dollars, and in case damages be assessed the same shall be paid to the party aggrieved, except in cases where he has been examined in proof of the offence, in which case the same shall be applied to the improvement of the public highways in the Municipality as above provided. 7 V. c. 36, s. 3. CAP. XLVIII. An Act respecting Mills and Mill-Dams. ER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: TOLLS. 1. No owner or occupier of a Mill, nor any person em- No greater proployed by him, shall demand or take as toll a greater propor- portion to be tion of any grain brought to him to be ground and bolted than ing and bolting taken for grindone twelfth part thereof, for grinding and bolting the same grain than one under a penalty of forty dollars for every such offence; one moiety thereof to be paid to Her Majesty, for the public uses of the Province, and the other moiety to any person who may sue for the same in any Court of Record. 32 G. 3, c. 7, ss. 1, 2. twelfth. BAGS TO BE MARKED. 2. No owner or occupier of a Mill shall be bound to Bags must be receive or be chargeable with the loss of any bag of grain or marked. flour, unless such bag be marked with the initial letters of the Christian and Surname of the owner of the grain, or with some mark distinguishing the bag, which mark of distinction shall be previously communicated and made known to the said owner or occupier of the Mill, or his servant usually attending the same. 32 G. 3, c. 7, s. 3. MILL-DAMS. to construct 3. Subject to the provisions of the "Fishery Act," of the Owners or ocProvince of Canada, in case a Mill-dam be legally erected cupiers of mills on any stream, down which stream lumber is usually brought, aprons to their or in which stream salmon or pickerel abound, the owner dams. or occupier of such Dam shall construct and maintain a good and sufficient apron thereto, not less than eighteen feet wide by an inclined plane of twenty-fear feet eight inches to a perpendicular of six feet, and so in proportion to the height where the width of the stream will admit of it; and in case such stream or dam he less than fifteen feet appropriation. feet wide, the whole Dam shall be aproned in like manner Penalty and its with the same inclined plane; and every such owner or occupant who neglects to construct or maintain such apron, shall for such offence, forfeit and pay yearly the sum of one hundred dollars; one moiety thereof to Her Majesty for the public uses of the Province, and the other moiety to any person who may sue for the same in any Court of Record. 9 G. 4, c. 4, ss. 1, 2,-22 V. c. 86, s. 27. Apron or slide to admit passing of logs, &c. Waste-gates, Owners not obliged to remove brackets, until, &c. When Aprons and Slides mentioned in Sects. 3 & 4, MILL-DAMS, CONSTRUCTION OF, AND THE PASSAGE OF TIMBER, &c. 4. Every owner or occupier of a Mill-dam at which an apron or slide is required to be constructed as aforesaid shall, if necessary, alter, or if not already built, shall construct such apron or slide so as to afford depth of water sufficient to admit of the passage over such apron or slide of such saw-logs, lumber and timber as are usually floated down the streams or rivers whereon such Dams are erected; but any owner or occupier of any such Dam may construct a waste-gate or put up brackets and slashboards in, upon and across the apron, for the purposes of preventing any unnecessary waste of water therefrom, and may keep the same closed when no person is ready and requires to pass or float any craft, lumber or saw-logs over such apron or slide. 12 V. c. 87, S. 1. 5. The owner or occupier of any such Dam shall not be bound to remove the brackets or slash-boards across the apron thereof until the raft, craft, lumber or saw-logs, required to be passed, are ready to pass and have for that purpose gained the main channel of the stream. 12 V. c. 87, s. 1. ON SMALL STREAMS. 6. No person shall be required to build such aprons or slides as mentioned in the third and fourth sections on small streams, unless required for the purposes of rafting or floating down 12 V. c. 87, s. 1. not required in lumber and saw-logs as aforesaid. small streams. PENALTIES. Penalty on refusing to comply with the require ments of this Act. 7. Every owner or occupier of any Dam mentioned in the owner of dam fourth section of this Act who, (if not already made and constructed,) neglects or refuses to make and construct and keep in repair an apron of the description therein mentioned shall pay a penalty of two dollars per day for every day of such neglect, and such penalty shall be recoverable before any two Justices of the Peace for the County in which the offence has been committed, How enforced. on the oath of two credible witnesses, and if not paid, shall be levied by distress and sale of the goods and chattels of the offender, by a warrant under the hand and seal of such Justices, or one of them, and shall be paid to the Treasurer of the Municipal Corporation having jurisdiction in the locality where such Dam Dam is erected, for the general uses of the Municipality. 12 of Huron. 8. Subject to the provisions of the "Fishery Act," the owner Dams and weirs or occupier of every Dam or Weir erected on any river or stream in the County in any of the Townships of Williams, McGillivray, Stephen, Hay, Stanley, Goderich, Colborne, Hullet, McKillop, Tuckersmith, Hibbert, Logan, Fullarton, Usborne, Biddulph, Blanchard, Downie including the Gore of Ellice, North-East Hope, and South-East Hope, or any other tracts of land which on the twenty-ninth day of March, one thousand eight hundred and forty-five, constituted the then District of Huron, shall, if the same has not been already done, construct and maintain, and, if constructed, shall maintain and keep in repair, a good and sufficient apron to such Dam or Weir, at least twenty-eight feet wide (if the Dam or Weir be of greater width, and if not, then of the same width as the Dam or Weir), and at least eight feet in length for every foot rise of such Dam or Weir, under a penalty of one dollar for each day during which the requirements of this section are not complied with ; and such penalty shall be recoverable before any two Justices of the Peace for the County in which the offence has been committed, on the oath of one credible witness; and if not paid, may be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of such Justices or either of them; one moiety of which penalty shall belong to Her Majesty, for the public uses of the Province, and the other moiety to the prosecutor. 4 W. 4, c. 55, s. 1,---8 V. c. 66,---1 V. c. 26. 2. ON THE RIVER MOIRA. Moira. 9. Subject to the provisions of the "Fishery Act," the owner on the river or occupier of any Dam on the River Moira or its tributaries, in the County of Hastings, on which lumber is floated to market, shall construct and maintain, and if constructed, shall maintain and keep in repair a good and sufficient apron to such Dam, at least thirty-two feet in width (if the Dam be of that or of greater width, and if not, then of the width of the Dam), and at least five feet in length for every foot rise of such Dam; and the height of the Dam at the place where the apron is constructed, shall be at least two feet lower than the top of the said Dam at any other place (unless it occupy the whole width thereof as aforesaid); but if the rise of the Dam be less than four feet, the height of the Dam at the place where the apron is constructed shall not exceed one half its height at any other place. 11 V. e. 10, s. 2. Penalty for 10. Every such apron shall be constructed on the main contravention. channel of the stream, and its highest part shall be one foot below the level of the Dam at the place where it joins the same, under a penalty of twenty-five cents for each day the requirements of this and the next preceding section are not complied with. 11 V. c. 10, s. 2. How recovered and enforced. Owner not constructed before a certain period until renewed. Special provi sions with regard to the tiver Otonabee If Aprons in- All persons may float saw logs, &c., down streams. 11. The said penalty, on the complaint of any person engaged in the lumber trade upon the said River or any tributary thereof, may be recovered before any two Justices of the Peace for the County in which the offence has been committed, upon the oath of one credible witness other than the informer, one half of which penalty shall belong to Her Majesty, for the public uses of the Province, and the other moiety to the prosecutor; and if upon conviction such penalty be not forthwith paid, it shall, by warrant under the hand and seal of such Justices, or of one of them, be levied by distress and sale of the goods of the offender. 11 V. c. 10, s. 2. 12. The ninth section of this Act shall not oblige the owner or occupier of any Dam on the River Moira to alter the apron thereof, if constructed before the twenty-third day of March, one thousand eight hundred and forty-eight, until the renewal of such apron. 11 V. c. 10, s. 2. 3. ON THE RIVER OTONABEE. 13. No apron to any Mill-dam on the River Otonabee shall be less than thirty-two feet wide by an inclined plane of five feet to a perpendicular of one foot, and so in proportion to the height of the Dam; and side pieces of at least one foot in height shall be fixed on the outside of every such apron, to confine the water and prevent the timber from falling off at the sides. 12 V. c. 87, s. 2. AS TO PENALTIES WHEN DAMS INJURED BY FLOODS. 14. In case any apron be carried away, destroyed or damaged by flood or otherwise, the owner or occupier of the Dam to which the same was attached shall not be liable to any such penalty as aforesaid if such apron be repaired or re-constructed in conformity to this Act, as soon as the state of the stream safely permits. 12 V. c. 87, s. 4,---11 V. c. 10, s. 2. TIMBER, &C., MAY BE FLOATED DOWN STREAMS AT CERTAIN SEASONS. 15. All persons may float saw-logs and other timber, rafts and craft down all streams in Upper Canada during the spring, summer and autumn freshets, and no person shall, by felling trees or placing any other obstruction in or across any stream, prevent the passage thereof. 12 V. c. 87, s. 5. such 16. In case there be a convenient apron, slide, gate, lock or Persons using opening in any such Dam or other structure made for the streams not to injure dams, passage of saw-logs and other timber, rafts and crafts autho- &c. rized to be floated down such stream as aforesaid, no person using any such stream in manner and for the purposes aforesaid, shall alter, injure or destroy any such Dam or other useful erection in or upon the bed of or across the stream, or do any unnecessary damage thereto or on the banks thereof. 12 V. c. 87, s. 5. PROTECTION IN CERTAIN CASES OF MILLS OVERFLOWING ADJACENT LANDS. to recover lands. 17. In case, in any action brought against the proprietor when Grantee or occupier of a Mill, for the overflowing of or injury to land, of Crown not caused by the erection or continuation of a Dam for the purposes damages for of such Mill, it appears that the overflowing or other injury was overflow af his caused by the erection or continuation of a Dam which was built before the purchase of such land, by the Grantee of the Crown and before the grant thereof to him, and that such purchaser obtained a reduction in the price of such land, or was otherwise indemnified in consequence of its being so overflowed or otherwise injured, then the Jury on the trial of such action may take such facts into their consideration, and, if they think it just and equitable, may, in consequence thereof, find a verdict for the Defendant. 13, 14 V. c. 75, s. 1. 18. In any such action the Defendant may plead the Defendant may general issue, and under such plea, on entering a note of this plead general Act in the margin thereof, may avail himself of this Act and of the matters of defence herein given. 13, 14 V. c. 75, s. 2. issue, &c. see - 1860 3. TRADING AND OTHER COMPANIES. CAP. XLIX. Call 54 An Act respecting Joint Stock Companies for the construction of Roads and other Works in Upper Canada. ER Majesty, by and with the advice and consent of the follows: 1. All Companies incorporated for such purposes as are in Existing Comthis Act mentioned, under any former Acts, before this Act nued-how panies contitakes effect, shall subsist and continue, notwithstanding the this Act shall apply to them repeal of such Acts, and such Companies shall be subject to, and may avail themselves of the provisions of this Act, and |