thereof; and such fact being so recited shall not be controvertible as against the company to whose stock the subscription is made, or any person claiming under any debenture issued under such by-law, saving always the recourse of any person injured by any mis-statement in such recital against all parties concerned in making the same;

submitted for

approval, &c.

5. But it shall not be necessary that any by-law, passed under Such By-laws this section, with the consent of all the councillors representing need not be the township or townships, parish or parishes affected thereby, should be submitted for approval in the manner provided by the said Act intituled: An Act respecting the Consolidated Municipal Loan Fund, or that it should be approved by a majority of the qualified municipal electors therefor; and the twelfth, thirteenth and fourteenth sub-sections of section twenty-four of chapter twenty-four of these Consolidated Statutes, shall not apply to any such by-law. 16 V. c. 213, s. 2.

the whole debt is paid.

9. No such by-law, as is mentioned in the next preceding By-law not to section of this Act, shall be repealed until the debt con- be repealed till tracted under it and all interest thereon have been entirely paid, cancelled and discharged, and any proceeding for the repeal of any such by-law until the complete payment of such debt has been made, shall be absolutely null and void: 16 V. c. 138, s. 8.

2. Nor shall any by-law passed under the first section of this Act be repealed otherwise than in the manner provided by sub-section or paragraph thirteen of section twenty-four of the said chapter twenty-four of these Consolidated Statutes.

Nor any bylaw passed under sect. 1.

10. Nothing in this Act shall be construed to diminish or Certain rights affect any of the rights or liabilities of any municipality under and liabilities of municipalities the seventy-fifth, seventy-sixth, seventy-seventh, seventy-eighth not affected by and seventy-ninth sections of the Act respecting Railways, this Act. Chapter sixty-six of the Consolidated Statutes of Canada, or under the provisions of any Act or law in force in Lower Canada in relation to the establishment of municipal authorities therein. 16 V. c. 138, s. 9.

SCHEDULE A

REFERRED TO IN THE FOREGOING ACT.

Municipality of the county, (parish, township, city, town or
Village, as the case may be.)

This debenture witnesseth, that the municipality of the county (or as the case may be,) under the authority of Chapter twenty-five of the Consolidated Statutes for Lower Canada,

intituled:

£

intituled An Act, &c., (title of this Act,) have received from
(name) of (domicile, profession or occupation,) the sum of
(cy.) or (stg.) as a loan, to bear interest from the date
hereof at the rate of
per centum per annum, payable
half-yearly on the

day of

which sum of £

and

at

the said munici

pality, as a municipal corporation, hereby binds and obliges itself to pay---(if the debenture is issued under section eight, add, out of moneys to be raised by assessment on the assessable property in the townships (or parishes) as the case may be, of only)---on the

day of

at

to the said or to the bearer hereof, and to pay the interest thereon half-yearly, as aforesaid, according to the coupons or interest warrants hereto attached.

In testimony whereof I, Warden (or Mayor) of the said municipality, being hereunto duly authorized, have hereunto affixed the common seal of the municipality, at in the said county (township, parish, city, town or village) of

on this

day of

of Our Lord, one thousand eight hundred and

in the year

Signature of Warden or Mayor.

[Seal.]

Countersigned by

Secretary-Treasurer.

CAP. XXVI.

Powers and

An Act respecting Abuses prejudicial to Agriculture.

H

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

1. This Act shall not affect the powers and duties of the duties of muni- Municipal Councils, whether local or County, excepting in so far only as herein expressly provided.

cipal councils not affected.

Penalty on trespassing.

Navigable water-courses

DAMAGES BY TRESPASS ON THE PROPERTY OF OTHERS.

2. Except in the discharge of any duty imposed by law, no person shall enter upon or pass over the land of another without permission of the owner or his representative, on pain of incurring a fine of not less than one, nor more than six dollars :

2. It shall be lawful, nevertheless, to make use of any naviand the banks gable or floatable river or water-course, and the banks thereof, thereof to be for the conveyance of all kinds of lumber, and for the passage thoroughfares. of all boats, ferries and canoes, subject to the charge of repairing, as soon as possible, all damages resulting from the exercise of such right, and all fences, drains or ditches so damaged;

ders.

3. The proprietor, or his representative or servant, may Arrest of offenarrest without warrant any person in the act of contravening this section, and bring him forthwith before a Justice of the Peace. 20 V. c. 40, s. 2.

property, &c.

3. Any person who during the day, upon the property of any Penalty on perother person, leaves any gate open, takes down, cuts, breaks, sons damaging removes or damages any fence, cuts or destroys any hedge, cuts, shatters, breaks down, removes or damages, any tree, shrub, or plant, removes any canoe, craft, ferry or boat from the bank of any river or other place, or burns or removes from such property, any wood, shall incur a penalty of not less than one nor more than six dollars; if such offence If by night. be committed during the night, the penalty shall be doubled; and whether the offence be committed by day or by night, the offender may be condemned to the payment of damages:

or carrying

away fences.

2. Any person who has pulled down or removed any part of Pulling down a fence, or who is found upon any land, highway or road, having in his possession any part of the materials of any fence, may be arrested without any warrant, either by the owner or one of his servants, or by any person cognizant of the offence, and brought before any Justice of the Peace, who may imprison him with a view to further examination, for any period not exceeding twenty-four hours, or admit him to bail if he can furnish it to the satisfaction of the Justice of the Peace;

Offender may

3. The person so arrested may, however, arrange with the proprietor or complainant, and may be discharged upon pay- arrange with ment of all costs, damages and penalties theretofore incurred. complainant. Ibid, s. 3.

4. If the person contravening the provisions of this Act is a In case offender stranger, or has no real property in the Parish or Township, be a stranger and has no means of paying the fine, damages and costs of without means. conviction, the Justice of the Peace may order that the defendant be confined in a place of security until the return of the Writ of seizure, or until he shall produce sufficient security, as provided by section sixty of chapter one hundred and three of the Consolidated Statutes of Canada. Ibid, s. 4.

DAMAGES CAUSED BY ANIMALS.

stray.

5. No person shall permit any horse, mule, horned cattle, Animals not to sheep, goat, pig, fowl, or other animal belonging to him to be allowed to stray upon the property of another, without the permission of the owner or tenant thereof nor on the bank of any stream, nor on any public road or place, under the following penalties:

$cts.

Fines.

10 00

4.00

For

To be doubled for subsequent offences.

Pigs to be ring

ed.

Animals at pasture.

How complaint

animals shall be made.

And such penalties shall be doubled for the second or any subsequent offence, whether any arrangement has or has not been come to between the parties, or judgment has or has not been rendered with regard to any prior offence. 20 V. c. 40, s. 5.

6. Any person who allows a pig to stray, without having ringed it, shall pay a fine of not less than one, nor more than two dollars. Ibid, s. 6.

7. The owner or tenant of any land shall be responsible for damages caused by any animal he receives to pasture, as though such animal were his own property:

2. If the animal causes damage, the complainant may give of damage by verbal notice of his complaint by speaking to any reasonable person in any house built upon the land on which the animal is at pasture,--or at the domicile of the person who has received the animal to pasture, by speaking to him personally or to any reasonable member of his family. Ibid, s. 7.

Proceedings.

8. Any person who has suffered dan age by any horse, mule, cattle, poultry or other domestic animal, may make complaint thereof, before any Justice of the Peace, either for the damages only, or for the penalty and the damages together, and if the Justice of the Peace shall be convinced that no Complaint dis damage has been caused (if the action is only brought for damages) he shall dismiss the complaint and condemn the complainant to pay costs:

missed.

If complaint be maintained.

Experts in certain cases.

Their duties.

2. But if the action is brought for both penalty and damages, he shall condemn the offender to costs, if any part of such complaint be well founded;-but if the complaint is unfounded, except in so far as it relates to the penalty, and costs have been incurred to ascertain the damages, he shall only condemn the offender to the costs of the complaint and the penalty, and the complainant to the costs incurred to ascertain the damages;

3. If the Justice has reason to believe that damage has been done, he shall forthwith order the parties contesting, unless they forthwith arrange the matter in dispute between them in his presence, each to name an expert, and the Justice himself shall appoint a third, and the two others also, if the parties refuse to name them; The experts, if so named, shall proceed as soon as possible to ascertain the damages in the presence of the parties, or in their absence after having given

them

them notice, and they shall report in writing to the Justice of the Peace the conclusions arrived at by them in the matter;

4. The Justice of the Peace, after notifying the parties, and Justice to make having heard them, if present, in favor of or against the report, final award. shall award to the complainant the amount of damages set forth

in the report, with the costs of report and prosecution, taxed by such Justice, and shall cause the amount to be raised in the manner hereinafter prescribed;

experts.

5. If, however, before making complaint to a Justice of the Amicable rePeace, the party, who has suffered the damages and the party ference to against whom complaint is laid, voluntarily consent to abide by the decision of experts to be named by themselves, the decision of such experts shall be binding upon both parties; But if the two experts, in case of their being of contrary Third expert. opinions, are unable to agree as to the selection of a third, any Justice of the Peace, upon the application of one of the parties, may appoint a third expert;

6. If the party condemned neglects or refuses to pay the sum In case of fixed by the experts, such party may be sued by the person to failure to pay whom such sum is payable or by his representative, before any Justice of the Peace. 20 V. c. 40, s. 8.

award.

9. Any owner or occupier of land, or his servant or repre- Animals straysentative, and any Inspector may seize and impound where ing may be a public pound exists, or take and retain at his own place of impounded. abode, any animal he finds wandering on his property or on a public road or place, or on the bank of any stream, until the owner of such animal has paid the fine, damages and costs imposed by this Act, as the case may be :

2. The person who has confined such animal shall provide Party impound it with proper food, in sufficient quantity, and give it water ing an animal and take proper care of it under a penalty of forty cents for must feed it. each day during which he neglects to do so, besides the damages occasioned by such neglect ;---The said penalty, and Penalty. damages, if any, shall belong to the owner of such animal, and may be recovered by him before a justice of the peace if the person who has confined the animal does not pay them after being required so to do;

3. If the owner of such animal is unknown to the person In case owner who has taken it in possession, such person shall give public be unknown. notice on two consecutive Sundays at the door of the church, in the parish or township, and if there are more churches than one, then at the door of the church which is nearest to the locality in which the animal was seized, that such animal will be sold at such a time, hour and place, unless the owner do, before that time, claim back his property;