SESSIONAL PAPER No. 30

it shall and may be lawful for every Member thereof having attended, to receive from the Speaker of the House of Assembly a Warrant under his hand and seal sygnifying the time that such Member hath attended his duty in the said Assembly, and every Member possessed of such Warrant, shall and may ask and demand of the Justices of the Peace for the district in which the county or riding represented by such Member may be situate in their General Quarter Sessions assembled, a sum not exceeding ten shillings per day for every day that the said Member shall have been engaged in the attendance of his duty in the House of Assembly and have been necessarily absent from his place of abode, in going to or returning from his said attendance, which sum it shall and may be lawful for the said Justices to levy by assessment to be made on each and every Inhabitant Housholder in the several Parishes, Townships, reputed Townships or places, within the County or Riding represented by such Member, by virtue of and in pursuance of an order to be by the said Justices made for that purpose to the High Constable of the district, who shall and may thereupon issue his warrant to the assessors of the several Parishes, Townships, reputed Townships or place as aforesaid, who shall assess the same by dividing the sum to be assessed according to the rates and proportions as affixed to the several classes, in the return made as herein before mentioned, which rates shall be levied by the Collector in manner herein before directed and paid over to the said Member, and in case any person shall refuse or neglect to pay his due proportion or rate so to be assessed as aforesaid by the space of fourteen days after the same shall have been demanded of him by the said Collector, it shall and may be lawful for the said Collector to levy the same by distress and sale of such persons goods and chattels, having first obtained a warrant for that purpose in manner herein before directed.

SCHEDULE. High Constables Warrant to levy the Rate.

To the Assessors and Collector of

Western District.

the Township of

in the said District.

BY virtue of an order from his Majesty's Justices of the Peace, in and for this District in their General Quarter Sessions assembled, you are hereby required to raise the sum of within your Township, in such manner as by a certain act of the Legislature of this Province for that purpose, passed in the Thirty-third Year of His present Majesty's Reign is directed; being the proportion of your Township (or Parish) for and towards the general District Assessment for defraying the expences of building a Gaol and Court House and keeping the same in repair, for the payment of the Gaolers salary, for the support and maintenance of prisoners for building and repairing Houses of Correction, for the construction and repairing of Bridges and other purposes in the said Act mentioned, and hereof you are not to fail on the peril that shall ensue thereof. Given under my hand this day of A. H. High Constable.

Eastern District

Township of

FORM OF AN ASSESSMENT

AN Assessment for defraying the expences of building a Gaol and Court House and keeping the same in repair, for payment of the Gaolers salary, for the support and maintenance of prisoners, for building and repairing Houses of Correction, for the construction and repair of bridges and other purposes mentioned in an Act of the Legislature of this Province of the thirty-third Year of his present Majesty intitled an act to for the Township, or reputed Township, called assessed the day of

in the County of

made and

12 GEORGE V, A. 1922

Class I. containing the names of such Inhabitant Housholders living within the Township aforesaid as we to the best of our knowledge and Judgement do believe are possessed of real or personal property goods or effects, to the value of fifty Pounds and not amounting to one hundred pounds, and who are severally and each to pay the sum of two shillings and six pence in respect of their rate and proportion of the said Assessment.

Class II.-Containing the names of such Inhabitant Housholders living within the Township aforesaid, as we to the best of our knowledge and Judgement, believe to be possessed of real or personal property goods or effects to their own use to the value of one hundred pounds and not amounting to one hundred and fifty pounds, and who are severally and each to pay the sum of five shillings in respect to their rate and proportion of the said assessment.

Assessors.

Class III.-Containing &c. Class VIII.-Containing &c.

AN ACT to regulate the laying out, amending and keeping in repair, the Public Highways and Roads within this Province.

WHEREAS the Regulations hitherto in force in this Province, for laying out the Public Highways and Roads, and amending and repairing the same, have been found insufficient, and much inconvenience and complaint have been occasioned there by; Be it enacted by the Kings 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, intitled an Act to repeal certain parts of an Act passed in the Fourteenth Year of His Majesty's Reign, intituled an Act for makiing 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 & after the passing of this Act, a certain Ordinance passed in the seventeenth Year of the Reign of His present Majesty, entituled an Ordinance for repairing and amending the public Highways and Bridges, in the Province of Quebec, shall be, and the same is hereby repealed:

II. And be it further enacted by the authority aforesaid, that each and every Justice of the Peace, acting under and by virtue of His Majesty's Commission shall be and they are hereby declared, to be Commissioners to lay out and regulate tho Highways and Roads, within the respective Counties, divisions, or limits in which they shall act, of the several Districts within this Province.

III. And be it further enacted, that the persons to be employed as Overseers of the Highways and Roads, in every Parish, Township, or place within this Province, shall be nominated and appointed according to the Provisions for that purposes made, in a certain Act of the Legislature of this Province, entitled, "an Act to provide for the nomination and appointment of Parish and Town Officers within this Province."

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IV. And be it enacted by the authority aforesaid, that the said Commissioners or the major part of them, & they are hereby empowered & authorized, to regulate the Roads already laid out, and if any of them shall appear to be inconvenient, and that an alteration be necessary, and the same be certified on Oath, by twelve principal Freeholders of the District, to be Summoned by the High Sheriff, his Deputy, or any Constable of the Division, by virtue of a Warrant to be issued by two Justices of the Peace for that purpose, the Commissioners may alter the same, and also lay out such other Public Highways and Roads, as they or the major part of them, shall think most convenient as well for travellers as for the Inhabitants of each neighbouring Parish, Township, or Place, which Highways and Roads, so laid out, shall be common Public Highways.

V. And be it further enacted, by the authority aforesaid, that the width of the Roads hereafter to be laid out, shall be left to the discretion of the Commissioners for the time being, of the Parish, Township, or place through which such Roads may pass, so that the same be not less than thirty feet, and do not exceed sixty feet: Provided always, that the front Roads on the water, and between every Concession, shall in no case be less than sixty feet.

VI. And be it further enacted, by the authority aforesaid, that all Bridges here after to be built upon any public Highway or Road, within this Province, shall not be less than eighteen feet in width, and in order to provide materials for the same it shall and may be lawful for the said Overseers, to direct the labourers performing such duty, as herein after is mentioned, to cut down and make use of any trees standing upon open and unimproved lands, that may be most convenient and best adapted to the building or repairing such Bridges.

VII. And be it further enacted by the authority aforesaid, that wherever any public Highway or Road, is or shall be laid out by any deep water, or dangerous precipice, that the Overseers, shall and are hereby required to cause good and suffi cient fences to be erected thereon, for the security of His Majesty's Subjects, and others, who may travel on the said Road. Provided also, and be it enacted, that where any Road shall hereafter be laid out through inclosed or improved lands, it shall and may be lawful for the said Commissioners or the major part of them, to view the same, and to make an agreement with the Owner or Owners of such inclosed or improved land, for the recompence to be made for such ground, and if the said Commissioners cannot agree with the said Owner or Owners, or the said Owner of Owners, shall refuse to treat, or take such recompense or satisfaction as shall bs offered, then the Justices of the Peace at any General Quarter Sessions, to be holden for the limit wherein such grounds shall lie, upon certificate in writing, signed by the Commissioners making such view aforesaid of their proceedings on the premisses, and upon giving fourteen days notice in writing, to the Owner or other person interested in the said ground, or to his, her or their agent, signifying an intention to apply to such Quarter Sessions for the purpose of taking such ground, shall empannel a Jury of twelve disinterested men, out of the persons returned to serve as Jury men, at such Quarter Sessions, and the said Jury shall upon their Oaths to the best of their judgement, assess the damages to be given, and recompence to be made to the Owner or Owners, or others interested as aforesaid. Provided always, that all Roads already marked, or laid out, in the Eastern District of this Province, under the authority of any Commander in Chief, or under the authority of any former Ordinance of the Province of Quebec, shall be and the same are hereby adopted and confirmed, and if any such Roads are not yet opened, the same shall be laid open under and by virtue of this Act, and that no compensation shall be made to any person or persons through whose land, the same may run; provided always, that the said Roads be opened in the same direction that was originally marked out.

12 GEORGE V, A. 1922

VIII. And be it further enacted, that in all cases where it shall be found necessary, by the said Commissioners to alter the direction of any Road or Highway, so that the ground it formerly occupied, shall become unnecessary for public purposes, that then and in such case it shall and may be lawful for the said Commissioners, and they are hereby required to dispose of the said ground; and to that end, to cause a Jury to be summoned by a warrant under their hands and seals, to estimate the value thereof, and the choice of first buying the same according to such valuation, shall be given to the owner of the lands adjoining on each side of the said Road; but in case the lands shall belong to different owners, that then it shall be equally divided between them, if they shall be disposed to purchase the same and the monies arising from such sale, shall be applied towards indemnifying the Owner or Owners of the lands, as such Road or Highway may pass through by such new direction and such sale so made shall be deemed valid and legal in all Courts of Law and Equity within this Province.

IX. And be it further enacted, by the authority aforesaid, that the said Commissioners for the time being, shall and may as they shall judge proper and necessary, divide their respective Parishes, or Townships into Divisions, which they shall allot to the Overseers of the Highway, and the said Overseers, shall superintend, repair and keep in order, the Highways, Roads, Streets & Bridges, in their several Divisions, and the said Commissioners or the major part of them, may from time to time, order any Overseer to work upon any Road or Highway within his division, as they shall think necessary, and the said Overseer shall within ten days after having received such order, summon such persons within his division, as are obliged to perform duty or labour, and set them to work on such part of the Road or Highway as they shall be directed to amend or lay out, & shall direct all persons performing labour on the said Highways & Roads, to destroy as much as may be in their power all burrs, thistles, and other weeds, that are hurtful to the purposes of husbandry, and in case of any wilful neglect, every person neglecting or refusing to obey such orders, shall be subject to the like penalty as if he had been a wilful defaulter for that day, or for such time as he shall have so neglected or refused, and if any Overseer shall refuse or neglect to summon such persons as aforesaid, and to set them to work on such Road or Highway, as he shall be directed to lay out or amend, he shall for every such neglect or refusal, forfeit the sum of twenty shillings to be recovered in manner herein after to be set forth.

X. And be it further enacted by the authority aforesaid, that the Overseers for every Parish, or Township, shall severally make out and keep a list, of every person who is Owner of a Car, Cart, or team within their division, and likewise of all the Inhabitants of such division, who are liable under the directions of this Act, to work upon the Highways, which list shall be subscribed by the said Overseers respectively, and delivered into the Commissioners of the Division to which they belong, within twenty days after they shall have been appointed Overseers as aforesaid, and the said Overseers for every Parish or Township, and each of them shall carefully and diligently collect the several compositions, forfeitures, penalties and sums of money directed and allowed to be received and taken within the same by virtue of this Act, within the year for which he is appointed Overseer, and shall also keep one or more book or books, containing an account of the duty or labour done, compounded for, or unperformed by every person liable to discharge the same, and also a just true & fair account to be verified on Oath if required (which Oath the Justices are hereby authorized to administer) of all such money as shall have come to his hands in respect of such Parish, or Township, by virtue of and for the purposes of this Act, and to whom and on what occasion he shall have paid and applied the same, and also of the sums of money, that shall then remain due and owing, from any person or persons in respect of the payments, compositions, penalties, and forfeitures to be taken and received, for and in respect of the said Highways by virtue of this Act, which book or books, shall be delivered into the Commissioners of acting within their respective Divisions at

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some special Sessions to be holden for that purpose, in the month of March in every year, and if any Overseer, shall neglect or refuse to deliver such account, or to make such Oath if required, he shall forfeit and pay the sum of twenty pounds, to be recovered and applied in manner herein after mentioned.

XI. And be it further enacted by the authority aforesaid, that the Roads and Highways, in and through every Parish, Township or reputed Township shall be cleared, repaired and maintained by the Inhabitants thereof, and that every person being a Housholder or Freeholder, shall either in person or by a sufficient man in his stead, be obliged to work on the Roads, and shall have and bring with him, one spade, pike-axe, bar, or such other tool or instrument useful for the purposes aforesaid, as shall be directed, for and during any space of time not exceeding twelve days in every year, allowing eight hours to each days work, and that every person within each Parish, or Township, keeping a Cart, Plough, Wain, Waggon, or Team of two Horses, Oxen or Beasts of draught, used to draw the same, shall send on every day to be appointed by the said Overseer, a Cart, Wain Waggon and Team, and one able man to drive the same, for any space of time not exceeding six several days in every year, to work on the Highways, Roads, Streets, or Bridges, allowing eight hours to each days work, which said days work shall be held and taken as equivalent to two days personal labour, and if any labourer or driver shall refuse to work and labour, or to carry proper and sufficient loads during the time above mentioned, it shall and may be lawful for the said Overseer to discharge such labourer, or driver team and cart, and to receive from the said labourer, or driver or from the Owner of such team and cart the forfeiture which every such person or persons would have incurred by virtue of this Act, in case such labourer had not attended, or such team cart and driver had not been sent.

XII. And be it further enacted by the Authority aforesaid, that each Overseer shall from time to time give to every person, or leave, or cause to be left at the house or usual place of abode of every person within his Division liable to perform the duty and labour by this act directed, three days notice at least of the day, hour, and place upon which each of the said day's duty shall be performed; and every person possessed of a Wain, Waggon, Cart, Carriage or Team, having been duly summoned as aforesaid, and not having paid such composition as herein after is mentioned, who shall make default in sending such Carriage and Team with an able man to drive the same, or in performing the said duty, at the time and place to be notified to him in manner aforesaid, shall for every such default forfeit & pay the sum of ten shillings; & that every Housholder or Freeholder liable to such personal labour as aforesaid, having been duly summoned, & not having paid such composition as herein after is mentioned, who shall not appear or send a sufficient man in his stead with such tool or instrument, at such time and place as by the said notice shall be directed; shall forfeit & pay for every such default the sum of five shillings, all which forfeitures shall be applied to the use of the Highways of the Parish, or Township respectively, in which such default shall have been made, and the said Overseers shall fairly and equally demand and require such duty and labour from every person liable to perform the same, according to the directions of this Act, without favor or partiality, to any person or persons whatsoever, except in the cases of poor persons herein after mentioned, and every Overseer shall and may and is hereby required with all convenient speed after default made as aforesaid, to proceed for the recovery of the penalties and forfeitures hereby inflicted, in manner herein after directed, so that the same may be recovered before he makes up his accounts in the manner directed by this Act.

XIII. Provided always, and it is hereby enacted, that any person liable to perform the said duty, by sending a carriage, cart and team with a driver to the same in manner aforesaid, shall and may compound for such duty, if he or she shall think