Persons assessed under exempted from Statute labour. public road or highway, or any other thing which may be represented as a nuisance, the owner or occupier of such land shall remove the same within twenty-four hours after notice received of such obstruction, under the penalty of ten shillings for every day the obstruction shall continue, the penalty to be recovered in like manner as aforesaid. XXIX. And be it further enacted by the authority aforesaid, That from twenty-five pounds when and after the passing of this Act, any person who is not assessed more than twenty-five pounds, and who, by reason of age, sickness, numerous family or misfortune, may be in poor and indigent circumstances, may apply to the Town Wardens for the Township in which such person resides, and the said Town Wardens, on such application, having first notified the Overseer acting for the division in which such person resides, to appear on the part of the public, shall enquire into the situation and circumstances of the person making such application, the said Town Wardens may exempt such person from the performance of the whole or part of his Statute Labour upon the highways for the year, and give him a certificate to that effect, which shall be the Overseer's acquittance for the work. Omissions of names on assessement roll, or after the same is made up, not to exempt the parties; XXX. And be it further enacted by the authority aforesaid, That if coming into the township through any inadvertency or otherwise, the name of any person which should have been inserted in the Assessment roll shall be omitted, such person shall be liable to work on the highways in the Township in which they reside, in the same proportion as if no such omission had taken place; and the Overseer is hereby authorised and required to insert, in his road list, for labour, any such person as may come into the Township to reside, after the Assessment roll has been taken for the year, and to call them out to perform Statute Labour, in the same manner as other persons who reside in the Township: Provided always, that immigrant labourers shall have resided full six months in this Province. Exception. Township Overseer to make out lists of all persons within their divisions liable to Statute labour, of labour done, monies received and ex pended, verified upon path; XXXI. And be it further enacted by the authority aforesaid, That the Overseers of each and every Township shall severally make out a true list or account of all persons within their respective divisions, who are liable to work on the highways, and of the labour done or unperformed by any person liable to perform or compound for the same; and also of all monies that may come into his hands by virtue of his office, and of the expenditure or payment of the same; which list and account shall be subscribed by such Overseer, and delivered, verified upon oath, which oath any Magistrate of the District is hereby authorised to administer, to the Township Clerk, on or before the first day of September in each and every year; and the said account shall be examined by the said Clerk for the of Overseers of roads who accounts; purpose of being placed with the records of the Township; and it shall Township Clerk to furnish be the duty of the said Township Clerk, on or before the first day of Magistrates with names December in each and every year, to furnish the Magistrates of the divi- have not furnished their sion with the names of the Overseers of Roads who shall not have so rendered their account for the current year, in order that the said Overseers of Highways may be called upon for their accounts; and every Overseer of Roads who shall neglect to render his account as aforesaid, shall be liable to the same penalty, to be recovered in the same manner as Def provided by this Act, for persons refusing to take the oath or declaration of office. Defaulters subject to Pound-keepers to provide animals unlawfully run them with food and drink. and lawful demands not notice, be sold; after legal XXXII. And be it further enacted by the authority aforesaid, That it shall be the duty of any Pound Keeper appointed under the provisions themselves with enclo of this Act, to provide himself with sufficient yards or enclosures for the sures, and to impound all safe keeping of all such animals as it may be his duty to impound, and ning at large, and furnish he is hereby authorised and required to impound all animals unlawfully running at large, trespassing and doing damage, that may be delivered to him by any persons resident within his Division taking up the same; and it shall be his duty to furnish the same with necessary food and drink; and if after the space of forty-eight hours the said animals shall not be If animals not claimed, claimed and redeemed by the owner, or some one on his behalf, paying paid, they the Pound Keeper his lawful demand and charges, and the amount of damages awarded, in the manner hereinafter mentioned to have been done by such animals, to the person taking up the same, he shall cause a notice in writing to be affixed in three public places in the Township for at least fifteen days, which notice shall give a description of such animals, and also state the time and place at which he intends to expose the same for sale; and if the owner of such animals, or some one in his or her behalf, does not within the time specified in such notice as aforesaid, redeem the same, by paying to the said Pound Keeper his legal fees, which shall be regulated from time to time by the Town Wardens of each Township, who are hereby required to regulate the same, and furnish the copy or schedule to the Township Clerk for the information of the Pound Keepers, and charges and the damages awarded to the person taking up such animals, the said Pound Keeper shall proceed to sell the same to the highest bidder, at the time and place mentioned in the said notice, which sale is hereby declared to be valid in law; and the said Pound Keeper shall, after deducting his own legal charges and the damages awarded overplus arising from sale to the person taking up the said animals, provided he is the party injured, if claimed. return the overplus (if any there be) to the original owner: Provided always, that if no person shall appear to claim the said animals within the space of three months after public notice and sale as aforesaid, the said Pound Keeper shall pay the overplus (if any) into the hands of the to be returned to owner, How to proceed when horses, oxen or cows, are impounded, and owners are not known. Owner may redeem. Persons taking up cattle to be impounded, must state their demands in writing; Township Clerk for the time being, to be laid out and expended for the improvement of the roads and bridges within the said Township. XXXIII. And be it further enacted by the authority aforesaid, That if any Ox or Oxen, Horse or Horses, Cow or Cows, shall be impounded as aforesaid, and not claimed before the expiration of fifteen days as aforesaid, and the owner thereof shall not be known by the said Pound Keeper, then and in that case the Pound Keeper shall not sell such Ox or Oxen, Horse or Horses, Cow or Cows, at the time stated in such notice, but shall postpone the sale thereof for the space of forty days, at the expiration of which time such Pound Keeper shall proceed to sell the same, and dispose of the proceeds in the manner mentioned in the last preceding clause of this Act: Provided always, that the owner of the same may at any time before such sale redeem such animal or animals by paying demands as aforesaid. XXXIV. Provided also, and be it further enacted by the authority aforesaid, That it shall be the duty of all and every person taking any animal or animals to a Pound Keeper to be impounded, at the same time, or within twenty-four hours, to state in writing to the said Pound Keeper, all demands he may have against the owner of such animal or animals, for damages done by them; and in case the owner of such animal or animals shall tender to the Pound Keeper the full sum which shall or may be awarded as damages to the party suffering the same, with the costs then incurred, such owner shall not be liable to any costs afterwards incurred, gaat damages to pay costs. but all such subsequent costs in such case shall be borne by the party claiming extravagant damages. Party claiming extrava Three fresholders may determine upon the lawfalues of fences; XXXV. And be it further enacted by the authority aforesaid, That it shall be the duty of the Pound Keeper, and he is hereby authorised and appraise damages, and required, when the owner of any animal impounded shall object to the amount of damages claimed, within forty-eight hours after the same have been impounded as aforesaid, to notify three disinterested resident Freeholders or Householders, farmers in the said Township, to appraise the damages, and also to judge of the sufficiency of the fence enclosing the ground wherein such animals were found doing damage, and such Freeholders or Householders, farmers, or any two of them, shall within twentyfour hours after the receipt of such notice view said fence, and determine whether the same is a lawful fence according to the regulations of the Township meeting on the subject, and if so, appraise the damage done; and having reduced this their award to writing, shall deliver the same signed with their names to the Pound Keeper, within the space of twentyfour hours after having been so notified: Provided always, that if any praise may be fined; person shall neglect or refuse to attend to examine said damage after Persons refusing to apbeing notified as aforesaid, he shall be liable to a penalty of five shillings for every such neglect or refusal, to be recovered and applied in the same manner as fines imposed by this Act for refusing or neglecting to perform Statute Labour: Provided always, that the owner of any animal or animals not permitted to run at large by the regulations of such Town- Persons liable for damage, ship meeting, shall be liable for any damage done by such animal or ed to run at large. animals, notwithstanding that the fence enclosing the premises was not of the height required by the said regulations. if cattle unlawfully allow Persons neglecting to of this Act may be fined. XXXVI. And be it further enacted by the authority aforesaid, That if any person legally appointed to any Township Office agreeably to the comply with provisions provisions of this Act, shall neglect or refuse to make the declaration of office, and to sign his name thereto in the Township Clerk's book, within twenty days after his being so appointed, or after making said declaration, shall neglect or refuse to perform the duties of his office agreeably to the provisions of this Act, or if any person shall neglect or refuse to deliver to the Assessor a true list of his or her ratable or personal property, as the law directs, in manner and form aforesaid, or shall wilfully mis-state such ratable property, such person shall forfeit and pay a sum not less than one pound nor more than five pounds, with costs, for every such neglect, refusal or violation of the laws, to be levied by distress and sale of the Offender's goods and chattels, eight days previous notice of said sale being given, and the overplus (if any there be) being rendered to the owner. Records of Town Clerk payment of one shilling XXXVII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any person or persons to examine any docu- may be examined on ment on record, in possession of the Township Clerk, on payment of one and three pence. shilling and three pence, as the Clerk's fee for his trouble in making or assisting to make the same. District Treasurers to list of Collectors in ar XXXVIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the District Treasurer, and he is hereby present to Magistrates a authorised and required to prepare and place before the Quarter Sessions, rears; to be holden in said District next after the first day of January in each and every year, a list of such Collectors of rates as may be in arrears, and shall not have paid over the rates to the Treasurer for the year in which he or they shall have been appointed; and it shall be the duty of the Magistrates in Quarter Sessions assembled, to issue their warrant, and distrain the goods and chattels of said Collector or Collectors, and cause the same to be sold, after having given twenty days notice of the time and who may proceed against place of such sale, to the amount of rates due to the District, with the them and sureties." Persons chosen as Townserve as Township War ship Commissioners may How to proceed when costs thereon; and also may proceed in like manner against the goods and chattels of the Sureties named in said Collector's bond. XXXIX. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Township Commissioners, who have been appointed at the Township meeting on the first day of January, one thousand eight hundred and thirty-eight, to perform the duties of Township Wardens, provided for in this Act; and their offices as Township Commissioners shall hereafter cease, and that the duties of all other Township Officers, appointed at the annual Township meeting aforesaid, shall be performed and regulated agreeably to the provisions contained in this Act. XL. And be it further enacted by the authority aforesaid, That in case it shall have happened that any Township in this Province shall, from been assessed or collected. neglect of the Assessors or Collectors, or other cause, not have been assessed, or the rates therein not have been collected for any one year or more previously to the passing of this Act, when by law it should have been done, it shall and may be lawful for the Magistrates of the District in which such Township or Townships are situated, in Quarter Sessions assembled, to authorise the Collector for the current year to collect the said rates in like manner and under the same provisions and penalties provided for by this Act. Assessors to make out schedules of lands not Clerks of Peace. XLI. And be it further enacted by the authority aforesaid, That it shall be the duty of the Assessors of each and every Parish, Township or place, included in their rolls, for within this Province, to make out a schedule of all lands within the same, not included in their several Assessment Rolls, and they shall sign and deliver the same to the Clerks of the Peace of the several Districts along with the Assessment Rolls, for the information of the Treasurer, in the following form: SCHEDULE OF LAND, in the Township of - in the District of· Form. LOTS OR PARTS OF LOTS. CONCESSION. NUMBER OF ACRES. Town Wardens may com XLII. And be it further enacted by the authority aforesaid, That it shall pound for Statute labour and may be lawful for the Town Wardens of any Township, legally appointed according to the provisions of this Act, to compound or agree for five years. |