of the Municipality, and shall also deliver a copy to every party requiring the same, and such determination or award shall be binding on the parties thereto. 8 V. c. 20, s. 2. determine. 10. When the dispute is as to the commencement or extent What the fence of the part of the Fence to be made or repaired by either party, viewers are to or as to the opening of a Ditch or Water Course, or as to the part, width, depth, or extent that any person should open or make, either party may by writing notify the Fence Viewers, of the dispute, and name in the notice for the investigation thereof, the time and place of mecting, and shall also notify the other party to appear at the same time and place. 8 V. c. 20, ss. 2, 12,-See 18 V. c. 137. receiving no gate and decide 11. On receiving such notice the Fence Viewers shall at- The fence tend at the time and place named, and after being satisfied that viewers upon the other party has been also duly notified, they shall examine tice, are to the premises and hear the parties and their witnesses if de- attend, investimanded, and according to the subject matter of the reference or apportion, shall decide the commencement or extent of the part of the &c. fence which either party claims to have made or repaired, or refuses to make or repair; or shall divide or apportion the Ditch or Water Course among the several parties, having due regard to the interests of each in the opening thereof, and shall fully determine the matters in dispute. 8 V. c. 20, s. 2. shall be allow 12. On any reference regarding the opening or making of a To decide what Ditch or Water Course, the Fence Viewers shall decide what length of time length of time each of the parties shall have to open the share ed to open ditof the Ditch or Water-Course, which the Fence Viewers decide ches, &c. each such party shall open, and if it appears to the Fence Viewers that the owner or occupier of any tract of land is not sufficiently interested in the opening of the Ditch or Water Course to make him liable to perform any part thereof, and at the same time that it is necessary for the other party that such Ditch should be continued across such tract, they may award the same to be done at the expense of such other party; and after such award, the last mentioned party may open the Ditch or Water Course across the tract, at his own expense, without being a trespasser. 8 V. c. 20, ss. 12, 13. viewers may 13. When by reason of any material change of circumstances When an ain respect to the improvement and occupation of adjacent lots or ward of fence parcels of land, an award previously made under this Act ceases, be reviewed. in the opinion of either of the parties, to be equitable between them, such party may obtain another award of Fence Viewers by a like mode of proceeding; and if the Fence Viewers called upon to make a subsequent award find no reason for making an alteration, the whole cost of the reference shall be borne by the party at whose instance it has been made. 8 V. c. 20, s. 12. RR2 14. If a party re fuses to per of a ditch or water course, the other party may do it for 14. If any party neglects or refuses upon demand made in form his share writing as aforesaid, to open or make and keep open, his share or proportion of the Ditch or Water Course allotted or awarded to him by the Fence Viewers, within the time allowed by them, any of the other parties may, after first completing his own him, but at the share or proportion, open the share or proportion allotted to the party in default, and shall be entitled to recover not exceeding forty cents per rod for the same from the party so in default. 8 V. c. 20, s. 14. expense of the person in de fault. If a party does not perform his share of the the other party at the expense of the party in default. 15. If after an award of Fence Viewers, or after being required by a demand in writing by the party occupying the division fence, adjoining tract, or a tract separated therefrom by a River, Pond may do it, but or Creek, a party in the occupation of any tract of land neglects or refuses for a period of thirty days, to make or repair (as the case may be) his proportion of the Division or Line Fence between his tract and such adjoining or separated tract, or if the party making the demand neglects or refuses for the like period to make or repair his own proportion of the Fence, either party, after first completing his own proportion, may make or repair, in a substantial manner and of good sound materials, the whole or any part of the Fence, which ought to have been made or repaired by the other party, and may recover from him the value thereof. 8 V. c. 20, s. 3. How the a ascertained. 16. To ascertain the amount payable by any person who, mount shall be under the authority of this Act, makes or repairs a Fence, or makes, opens, or keeps open any Ditch or Water Course which another person should have done, and to enforce the payment of such amount, the following proceedings shall be taken:. 8 V. c. 20, s. 4. A Justice of the mon three fence viewers. 1. Any of the persons interested may apply to a Justice of Peace to sum- the Peace residing within the Municipality or Township in which any such Fence is situated, and if there be no such Justice residing therein, then to any Justice of the Peace residing in any adjacent Municipality or Township, and thereupon such Justice shall issue a summons under his hand and seal, directed, by name, to three Fence Viewers of the Municipality in which the Fence is situated, requiring them to attend at the place and on the day and hour therein mentioned, to view such Fence and to appraise the same; 8 V. c. 20, s. 4. And the party alleged to be in default. 2. The Justice shall at the same time issue a summons to the party so having neglected or refused to make or repair his proportion thereof (who shall thenceforth be considered the Defendant in the case), requiring him to appear at the same time and place, to shew cause why the party claiming payment (who shall thenceforth be considered the Plaintiff in the case) should not recover the same; 8 V. c. 20, s. 4. 3. The Fence Viewers shall be personally served with the Fence viewers summons at least four days before the day named for their at- to receive four days' notice. tendance; 8 V. c. 20, s. 5. 4. If either party desires to procure the attendance of any Witnesses may person to give evidence before the Fence Viewers, the Justice be summoned. shall, upon the application of such party, issue a Summons to such witness or witnesses to attend before the Fence Viewers at the time and place mentioned in the Summons to the Fence Viewers; 8 V. c. 20, s. 6. swear wit 5. The Fence Viewers, when met at the time and place The fence appointed shall, whenever desired by either party or when viewers may ever they themselves think it proper, may administer an oath to any witness, which oath is to be in the following form: 8 V. c. 20, s. 6. nesses. "You do solemnly swear that you will true answer make to Oath. "such questions as may be asked of you by either of the Fence Viewers now present, touching the matters which they are now to examine and determine. So help you God." 6. The Fence Viewers, or any two of them being present, shall A Majority of after having duly examined the Fence and received evidence, the fence vierdetermine whether the Plaintiff is entitled to recover any ers may decide. and what sum from the Defendant; 8 V. c. 20, s. 5. previous 7. In case the commencement or extent of the part of the What to be Division or Line Fence which each should make or repair decided if there had not been previously determined by the award of Fence has been no Viewers, the Fence Viewers named in the Summons, or any award. two of them, shall determine the same, and if they determine that the Plaintiff is entitled to recover from the Defendant, they shall also state what distance of Fence the Defendant should have made or repaired; 8 V. c. 20, s. 5. 8. The Fence Viewers, if required by either party, before Fence viewers they report, shall give to such party a copy of their determi- to deliver copy nation; 8 V. c. 20, s. 5. of award, if required. 9. The Fence Viewers shall report their determination in To deliver their writing under their hands to the Justice who issued the Summons, award to the and such determination shall be final; 8 V. c. 20, s. 5. Justice of the Division Court. 10. The Justice to whom the determination of the Fence Who shall send Viewers is returned, shall transmit the same to the Clerk of the the same to the Division Court having jurisdiction over that part of the Muni- Clerk of the cipality, and shall certify and transmit a copy thereof to the Clerk of the Municipality, to be entered in the book in which the Municipal proceedings are recorded; 8. V. c. 20, s. 7. 11. After the expiration of forty days, from the time of the Who after forty determination, the Clerk of the Division Court shall issue an days may issue execution execution hereon. Fees. Disbursements. The standard weights and execution against the goods and chattels of the Defendant in the same manner as if the party in whose favor the determination has been made had recovered judgment in the Division Court for the sum which the Fence Viewers have determined him to be entitled to receive, with costs. 8 V. c. 20, s. 7. 17. The following fees, and no more, may be received under this Act, by the persons mentioned, that is to say: To the Justice of the Peace: For Summons to Fence Viewers, twenty-five cents; For Subpoena, which may contain three names, twenty-five cents; For transmitting copy of Fence Viewers' determination to Division Court and to Clerk of the Municipality, twenty-five cents. To the Fence Viewers : One dollar per day each: if less than half a day employed, fifty cents. To the Bailiff or Constable employed : For Serving Summons or Subpoena, twenty cents. To Witness-per day, each, fifty cents.-8 V. c. 20, s. 16. 18. Upon the party in whose favor the determination of the Fence Viewers has been made, making an affidavit, which the Clerk of the Division Court may administer, that such fees have been duly paid and disbursed to the persons entitled thereto, the Clerk shall include the amount thereof in the execution and when collected, shall pay over the same to the said party. 8 V. c. 20, s. 17. CAP. LVIII. An Act respecting Weights and Measures. ER Majesty, by and with the advice and consent of the follows: 1. The Set of Weights and Measures according to the Standard of Her Majesty's Exchequer in England, heretofore procured for for Upper Canada, shall at all times be and charge and custody of the Provincial Secretary. s. 2. remain in the measures to 4 G. 4, c. 16, remain in the enstody of Provincial Secre. tary. nicipality with 2. Whenever any Municipal Council, authorized to appoint Provincial Seand Inspector of Weights and Measures, addresses the Go- cretary to furvernor requesting that the Municipality may be furnished with nish each Mua true copy or set of such Weights and Measures, the Governor standard may direct the Provincial Secretary forthwith, at the cost of weights, &c. the Municipal Corporation, to furnish such copy or set made of such durable Materials as the Secretary deems the most proper for the purpose. 4 G. 4, c. 16, s. 3,-12 V. c. 85, s. 12,---See 22 V. c. 99, ss. 273, 274. 3. The Municipal Council of every City may by By-law appoint one or more Inspectors of Weights and Measures for the Municipality. 12 V. c. 85, s. 12,---22 V. c. 99, s. 274. Every City appoint one or &c. 4. The Municipal Council of every Incorporated Town may, Every town by By-law, appoint one Inspector of Weights and Measures Council may for the Municipality. 12 V. c. 85, s. 12,---22 V. c. 99, s. 274. appoint one. 5. The Municipal Council of every County may, by By-law, Every County appoint one or more Inspectors of Weights and Measures for Council may the County, or for any Division thereof, to be defined in the appoint one or By-law, but no appointment or Division under this section. shall extend to or include Incorporated Towns. 18 V. c. 135, s. 1,-22 V. c. 99, s. 274. more. 6. When there are two or more Inspectors in the Munici- When more pality, the Council thereof shall, by By-law, appoint one of them than one, the to be the Senior Inspector. 18, V. c. 135, s. 1.-See 12 V. 85, s. 9. point who to be Council to ap the Senior. 7. Every Inspector now or hereafter appointed shall continue To continue in in office until removed by the Municipal Council. 18 V. c. office till re135, s. 1. moved. Inspector or 8. The Inspector, or where there is more than one, the Senior Standard to be Inspector, shall bave charge of the Standard Weights and Mea- deposited with sures of the Municipality, and of the Mark, Stamp, or Brand Senior Inspecmarked with the Royal initials V. R., for the purpose of mark- tor, as the case ing such Weights and Measures as are required to be marked under this Act; and such Senior Inspector shall keep the same for the use of himself, and of the other Inspectors. 12 V. c. 85, ss. 2, 9. may be. 9. Every Inspector shall, before entering on the duties of Inspectors to his office, take and subscribe the following oath : me in take an oath of office. "I, A. B., do hereby promise and swear that I will care- The oath. "fully preserve all Weights and Measures given charge, or for my use as Inspector, as a Standard for the Mu"nicipality (or Division, as the case may be,) of and that |