County trea surer and Chamberlains of Cities, to account to the Crown for certain moneys. Municipalities ble for moneys collected by Collectors. 192. The County Treasurer, and City Chamberlain, respectively, shall be accountable and responsible to the Crown for all moneys collected for any of the purposes mentioned in the one hundred and eighty-sixth section of this Act, and shall pay over such moneys to the Receiver General, less two and a half per cent. to be retained for himself, and the two and a half per cent. retained by the Township, Town or Village Treasurers. 16 V. c. 182, s. 86. 193. Every County and City shall be responsible to Her to be responsi- Majesty, and to all other parties interested, that all moneys coming into the hands of the Treasurer or Chamberlain of the County or City in virtue of his office, shall be by him duly paid over and accounted for according to law. 16 V. c. 182, s. 87. Treasurers to be responsible Cities. 194. The Treasurer or Chamberlain and his sureties shall be in Counties and responsible and accountable for such moneys in like manner to the County or City, and any Bond or Security given by them for the duly accounting for and paying over moneys coming Their bonds to into his hands belonging to the County or City, shall be taken to apply to all such moneys as are mentioned in the one hundred and eighty-sixth section, and may be enforced against the Treasurer or Chamberlain in case of default on his part. 16 V. c. 182, s. 87. apply to sec tion 186. What defalca tion may be Crown. 195. If the default relates to School moneys or other Public enforced by the moneys of the Province, Her Majesty may enforce the responsibility of the County or City, by stopping or retaining a like amount out of any Public moneys which would otherwise be payable to the County or City, or to the Treasurer or Chamberlain thereof, or by suit or action against the Corporation. 16 V. c. 182, s. 87. Remedy to persons aggrieved by default of Treasurer. 196. Any person aggrieved by the default of the Chamberlain or Treasurer, may recover from the Corporation of the City or County, the amount due or payable to such person, as money had and received to his use. 16 V. c. 182, s. 87. Penalty for tearing down notices, &c., posted up. Recovery of fines imposed by this Act. MISCELLANEOUS. 197. If any person wilfully tears down, injures or defaces any Assessment Roll, advertisement, notice, or other document, which is required by this Act to be posted up at a public place for the information of persons interested, he shall, on conviction thereof in a summary way before any Justice of the Peace having jurisdiction in the locality, be liable to a fine of Twenty dollars. 16 V. c. 182, s. 88. 198. The fines and forfeitures authorized to be summarily imposed by this Act, shall, when not otherwise provided, be levied and collected by distress and sale of the offender's goods goods and chattels, under the authority of a Warrant of Distress for that purpose, to be issued by the Justice before whom the offender has been convicted; and in case no goods or chattels can be found to satisfy the Warrant, the offender shall be committed to the Common Gaol of the County for a period not exceeding one month. 16 V. c. 182, s. 89. of. 199. When not otherwise provided, all penalties recovered How disposed under this Act shall be paid to the Treasurer or Chamberlain, for the use of the Municipality. 16 V. c. 182, s. 82. 200. The provisions of this Act shall among other things apply to the sections of the Act respecting Municipal Institutions, numbered three hundred and fifty to three hundred and fifty-six, so far as applicable thereto, and not inconsistent therewith. 22 V. c. 39, s. 4, (1859.) 201. This Act shall be known as "The Assessment Act." Title of Act. CAP. LVI. An Act to regulate travelling on Public Highways. HEL ER Majesty, by and with the advice and consent of the follows: WHEELED CARRIAGES OR SLEIGHS MEETING. drive to the 1. In case any person travelling or being upon any Highway Carriages in charge of a vehicle drawn by one or more horses, or one or meeting to more other animals, meets another vehicle drawn as aforesaid, right giving he shall turn out to the right from the centre of the road, allow- half the road. ing to the vehicle so met, one half of the road. 18 V. c. 138, 8. 2. to the right. 2. In case any person travelling or being upon any High- Carriage overway in charge of a vehicle as aforesaid, or on horseback, be taken to turn overtaken by any vehicle or horseman travelling at greater speed, the person so overtaken shall quietly turn out to the right, and allow the said vehicle or horseman to pass. 18 V. c. 138, s. 3. 3. In the case of one vehicle being met or overtaken by an- If the weight of other, if by reason of the extreme weight of the load on either one of them of the vehicles so meeting or on the vehicle so overtaken, the prevents this. driver finds it impracticable to turn out as aforesaid, he shall immediately stop, and, if necessary for the safety of the other vehicle and if required so to do, he shall assist the person in charge thereof to pass without damage. PENALTY IF DRIVER INTOXICATED. 4. In case any person in charge of a vehicle, or of a horse or Penalty on other animal used as the means of conveyance travelling or drivers, &c., being on any Highway as aforesaid, be through drunkenness too drunk to unable to drive or ride the same with safety to other persons horses. travelling manage their travelling on or being upon the highway, he shall incur the penalties imposed by this Act. 18 V. c. 138, s. 4. Racing on highways, forbidden. Swearing on highways, forbidden. RACING PROHIBITED. 5. No person shall race with or drive furiously any horse or other animal, or shout or use any blasphemous or indecent language upon any highway. 18 V. c. 138, s. 5. 6. In case any person so races or drives, or shouts or uses blasphemous or indecent language, he shall incur the penalties imposed by this Act. 18 V. c. 138, s. 5. SLEIGH BELLS. Sleigh horses to have bells. 7. Every person travelling upon any highway with a sleigh, sled or cariole, drawn by horse or mule, shall have at least two bells attached to the harness. 18 V. c. 138, s. 7. BRIDGES. Notice to be posted at the bridges to 8. Every person who has the superintendence and management of any bridge exceeding thirty feet in length, shall which this Act. cause to be put up at each end thereof, conspicuously placed, a notice legibly printed in the following form: applies. Penalty on persons defacing such notice. Fast driving forbidden. "Any person or persons riding or driving on or over this "Bridge at a faster rate than a walk, will, on conviction thereof, "be subject to a fine, as provided by law." 8 V. c. 44, s. 3. 9. In case any person injures, or in any way interferes with such notice, he shall incur a fine of not less than one nor more than eight dollars, to be recovered in the same manner as other penalties imposed by this Act. 8 V. c. 44, s. 4. 10. If, while such notice continues up, any person rides or over bridges, drives a horse or other beast of burden, over such bridge at a pace faster than a walk, he shall incur the penalties imposed by this Act. 18 V. c. 138, s. 6. Penalty for contravening this Act. PENALTIES. 11. In cases not otherwise specially provided for, if any person contravenes this Act, and such contravention be duly proved by the oath of one credible witness, before any Justice of the Peace having jurisdiction within the locality where the offence has been committed, the offender shall incur a penalty of not less than one dollar nor more than twenty dollars, in the discretion of such Justice, with costs. 12. If not paid forthwith, the penalty and costs shall be le- To be enforesï? vied by distress and sale of the goods and chattels of the offen- by distress. der under a warrant signed and sealed by the convicting Justice, and the overplus, if any, after deducting the penalty, and costs and charges of sale, shall be returned, on demand, to the owner of such goods and chattels. 13. In default of payment or distress, the offender shall, by Or by imperiwarrant signed and sealed as aforesaid, be imprisoned in the sonment. common gaol for a period of not less than one day nor more than twenty days, at the discretion of the Justice, unless such fine, costs and charges be sooner paid. 14. No such fine or imprisonment shall be a bar to the Not to bar anrecovery of damages by the injured party before any Court tion of dassanof competent jurisdiction. 18 V. c. 138, s. 8. ges. 15. Every fine collected under this Act shall be paid to the Applications e Chamberlain or Treasurer of the Local Municipality or Place in penalties. which the offence was committed, and shall be applied to the general purposes thereof. 18 V. c. 138, s. 9. 16. Any conviction under this Act may be appealed Appeal in the manner provided in the Act respecting appeals in cases of summary convictions. 18 V. c. 138, s. 10. CAP. LVII. An Act respecting Line Fences and Water-courses. HER Majesty, by and with the advice and consent of the follows: 1. Each of the parties occupying adjoining tracts of land shall Each party make, keep up and repair a just proportion of the Division or make and r Line Fence on the line dividing such tracts, and equally on of the division either side thereof. 8 V. c. 20, s. 2, pair a portion fence. 2. Any Fence coming within the meaning of a lawful fence What cons in any By-law of the Municipal Council in that behalf, is to tutes a lawdził be considered a lawful Fence, and when no such By-law ex- fence. ists, any Fence Viewers, when called upon, are to exercise their own judgment and decide what they consider to be a law ful fence. 8 V. c. 20, s. 3. moved withean 3. The owner of the whole or part of a Division or Line Division femesas Fence which forms part of the Fence inclosing the occupied or not to be re improved land of another person, shall not take down or remove notice. any part of such Fence: 8 V. c. 20, s. 9. 12 months pre vious. Nor unless the adjoining occupant refuses 1. Without giving at least twelve months previous notice of his intention to the owner or occupier of such adjacent enclosure; 8 V. c. 20, s. 9. 2. Nor unless such last mentioned owner or occupier, after demand made upon him in writing by the owner of such Fence, to pay therefor. refuses to pay therefor a sum to be determined, as provided in the next sub-section; 8 V. c. 20, s. 9. Nor if he pays what three fence viewers award. When vacant the owner to 3. Nor, if such owner or occupier will pay to the owner of such Fence, or of any part thereof, such sum as three Fence Viewers, or a majority of them in writing, determine to be the reasonable value thereof. 8 V. c. 20, ss. 8, 9. 4. When any land which has laid uninclosed or in land is inclosed, common, is afterwards inclosed or improved, the occupier shall pay to the owner of the Division or Line Fence standing upon the divisional line between such land and the enclosure of any other occupant or proprietor, a just proportion of the value thereof. 8 V. c. 20, s. 8. pay a share of any adjoining division fence. Water fences to be made in equal propor. tions. When lands are divided by a 5. When a Water Fence or a Fence running into the water is necessary, the same is also to be made in equal parts, unless the parties otherwise agree. 8 V. c. 20, s. 10. 6. When lands belonging to or occupied by different perriver or creek. sons, are divided from each other by any river, brook, pond or creek, which of itself is not a sufficient barrier, and it is impracticable to fence upon the true boundary line, the Fence shall be set up on one side of the River, Brook, Pond or Creek, or partly on one side and partly on the other, as may be just. 8 V. c. 20, s. 11. When ditches or water courses may be opened. Three fence cide all dis putes. 7. When it is the joint interest of parties resident, to open a Ditch or Water Course for the purpose of letting off surplus water from swamps or low miry lands, in order to enable the owners or occupiers thereof to cultivate or improve the same, such several parties shall open a just and fair proportion of such Ditch or Water Course according to their several interests. 8 V. c. 20, s. 12-See 22 V. c. 99, s. 271. 8. Three Fence Viewers of the Municipality, or a majority viewers to de- of them, may decide all disputes between the owners or occupants of adjoining lands, or lands so divided or alleged to be divided as aforesaid, in regard to their respective rights and liabilities under this Act, and also all disputes respecting the opening, making or paying for Ditches and Water Courses, under this Act. 8 V. c. 20, ss. 2, 11. Award to be in writing and copy delivered. 9. Every determination or award of Fence Viewers shall be in writing signed by such of them as concur therein, and they shall transmit the same (or a certified copy thereof) to the Clerk of |