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The provisions of the ord. 4 Vic., cap. 17.

extended to the road

Charles

River.

of Quebec, and to raise a fund for that purpose," to the road hereinafter mentioned; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and north of Saint intituled: "An act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada," and it is hereby enacted by the authority of the same, that the provisions of the said ordinance and the powers of the trustees appointed under the authority thereof, shall extend to the road leading from that sixthly mentioned in the ninth section of the said ordinance, to Scott's Bridge (including the said bridge), and to the main road running along the north bank of the River St. Charles, from Scott's Bridge aforesaid, to the bridge over the said river, commonly called the "Red Bridge," or "Commissioners' Bridge" (including the said bridge), as fully to all intents and purposes whatsoever, as if the said roads and bridges had been mentioned and described in the said ninth section of the said ordinance as among those to which the said provisions and powers should extend. *

Preamble.

NOTE. The following chapter, which is of public interest as affecting all turnpike roads, is consolidated in chapter 86 of the Consolidated Statutes of Canada, which, as amended by 23 V., c. 69, is reproduced in articles 2970, 2971 and 3503 of the Revised Statutes of Quebec, and is reprinted here as a reference.

7 VICTORIA, CHAPTER 14. (CANADA.)

An act to exempt vehicles conveying manure from the cities and towns of this Province, from the payment of tolls on turnpike roads, and for the purposes therein mentioned.

WHEREAS,

[9th December, 1843.]

HEREAS, as well for the encouragement of agriculture as for promoting the cleanliness and health of the several cities and towns in this Province by the removal of the filth and rubbish thereof, it is expedient that vehicles carrying manure from the said cities and towns to the farms in the vicinity thereof be free from toll at turnpike-gates; be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of

See as to control of roads and bridges: 4 V., c. 17, ss. 9, 18, 19 and 20; 8 V., c. 55, ss. 4 and 5; 12 V., c. 115, s. 5; 13-14 V., c. 102; 14-15 V., cc. 132 and 133; 16 V., c. 235; 18 V., c. 160, ss. 1, 2 and 4, and 20 V., c. 125, s. 6.

and towns of

the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled: "An act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada," and it is hereby enacted by the authority of the same, that each and every vehicle laden solely with manure, brought Vehicles lafrom any city in Lower Canada, or any city or incorporated den solely town in Upper Canada, and employed to carry the same into brought from the country parts for the purposes of agriculture, and the horse the cities or horses, or other beast or beasts of draught, drawing such this Province, vehicle, shall, from and after the passing of this act, pass toll to be exempt free through any turnpike-gate or toll-gate on any turnpike road within twenty miles of such city or town, as well in going from such city or town as in returning thereto, if then empty, whether such turnpike road and the tolls thereon belonging to the Province, or to any local or municipal authority, or body of trustees or commissioners for local purposes, or to any incorporated or unincorporated company, or to any other body, person or persons whatsoever, and any statute, ordinance or law to the contrary notwithstanding.

from toll at
turnpikes
within twenty-
es or
towns.

miles of such
cities

be collected

from persons going to

Church.

2. And be it enacted, that all persons going to or returning No tolls to from Divine Service on any Sunday or obligatory holiday, in or on Sundays upon and with their own carriages, horses or other beasts of draught, shall, as shall also their families, and servants being in or upon and with such carriages, horses or other beasts of draught, pass toll free through any turnpike or toll-gate on any turnpike road in this Province; anything in any act, ordinance or law to the contrary notwithstanding.

3. And be it enacted, that no vehicle laden or unladen, horses No tolls to be or cattle belonging to the proprietor or occupier of any lands charged for going on a divided by such turnpike road as aforesaid, shall be liable to turnpike toll on passing through any toll-gate on such road (at whatever from one part. of a person's distance the same may be from any city or town) for the sole land to anpurpose of going from one part of the lands of such proprietor other within or occupier to another part of the same; provided such vehicle, half a mile. horses or cattle do not proceed more than half a mile along such turnpike road, either in going or in returning, for farming or domestic purposes only.

private toll

4. Provided always, and be it enacted, that nothing in the Act not to foregoing enactments of this act shall extend or be construed extend to any to extend to any toll bridge, the tolls on which are vested in bridge. any party other than the Crown.

Preamble.

Loan of
£8,882 autho-
rized.

6 per cent.

New rates of toll.

8 VICTORIA, CHAPTER 55. (CANADA.)

An act to amend a certain ordinance therein mentioned, relative to the turnpike roads near Quebec.

[29th March, 1845.]

WHEREAS it is expedient to amend the ordinance of the Governor and Special Council for the late Province of Lower Canada, passed in the fourth year of Her Majesty's reign, and intituled: "An ordinance to provide for the improvement of certain roads in the neighbourhood of, and leading to the city of Quebec, and to raise a fund for that purpose," by authorizing the trustees appointed under the same to raise a further sum by way of loan, for the purpose of completing the said roads, by lowering the rates of toll, and by fixing the rates of commutation for the said tolls in certain cases, and by making other provision relative to the said roads; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled: "An act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada," and it is hereby enacted by the authority of the same, that it shall be lawful for the trustees of the Quebec turnpike roads, to raise by way of loan for the purposes of the ordinance cited in the preamble to this act, a further sum not exceeding eight thousand, eight hundred and eighty-two pounds, currency, to which loan, and to the debentures to be issued in consequence thereof, and to the advance of moneys out of the provincial funds to pay the interest thereon if need shall be, and to all other matters incident to the said loan, all the provisions of the said ordinance touching the loan thereby authorized, are hereby extended and shall apply; excepting always, that the rate of interest on the loan to be raised under the authority of this act, shall not in any case exceed the rate of six per centum per annum.

2. And be it enacted, that so much of the tenth section of the said ordinance as establishes the rates of toll to be taken on the said roads, and so much of the said section as empowers the said trustees to lower the tolls with the consent of the Governor of this Province, and again to raise the same, shall be and is hereby repealed upon, from and after the first day of May next, and thenceforth the tolls mentioned in the schedule

* See as to loans: 4 V., c. 17, ss. 21 and fol.; 12 V., c. 115, s. 1; 14-15 V., c. 132; 16 V., c. 235, ss. 7 and 10; 20 V., c. 125, ss. 8, 9, 11 and 12; 33 V., c. 48, s. 1, and 47 V., c. 81, ss. 3 and 4.

annexed to this act shall be the tolls to be levied at each turnpike-gate, on the several vehicles, animals and things therein mentioned, and one-half of such tolls shall in each case be payable for each time of passing, except in cases of exemption from the payment of more than one full toll in a day, in which case such half toll shall be payable only for the first time of passing and the first time of repassing on the same day; pro- Proviso. vided always, that except where it is herein otherwise provided, all the provisions of the said ordinance with regard to the tolls thereby authorized, and all matters and things thereunto relating, shall apply to those levied under the authority of this act, and to all matters and things thereunto relating.

commute for tolls with in

3. And be it enacted, that the said trustees shall commute Trustees may with any resident proprietor or lessee of any lands or tenements lying beyond any toll-gate or gates (reckoning from Quebec) dividuals. for the tolls payable at such gate or gates during any one year, for a sum equal to the tolls which would under this act be payable for passing and repassing the same on one hundred Scale of comseveral days, with the carriage, horse, animal, or thing on which mutation. such commutation is effected, if the same be kept for pleasure only, or equal to the tolls which would be payable for so passing and repassing on sixty several days, if the same be not kept for pleasure only; provided always, that this section shall not Proviso. extend to any vehicle liable to pay more than one full toll in a day, and that such commutation shall be payable in advance; provided always, and be it enacted, that the said trustees shall not erect any toll-gates other than those already established on the said roads. +

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over

4. And be it enacted, that if the bridge commonly called Dorchester Dorchester Bridge," over the River St. Charles, should at any Bridge or time hereafter be acquired by the Provincial Government and Charles and placed under the control of the said trustees, the toll-gate now Beauport tollplaced near the entrance of the road leading to Beauport shall gate. be removed to the end of the said bridge, and the tolls payable at such gate for the use of the road and bridge shall not be greater by more than one-half than the tolls which will be then payable at any other toll-gate, and shall be subject to commutation as aforesaid, and that then the "Charlesbourg Road," up to the church of the parish of Charlesbourg, shall come under the operation of the said ordinance as hereby amended, and under the care, control and management of the said trustees of the Quebec turnpike roads. +

See as to tolls: 4 V., c. 17, ss. 10 and fol. ; 4 V., c. 21, ss. 2 and fol. ; 9 V., c. 68, s. 1; 12 V., c. 115, ss. 3 and 6; 14-15 V., c. 133, s. 3: 16 V., c. 235, ss. 3 and 6; 18 V., c. 160, s. 3; 23 V., c. 69; 41 V., c. 46, and 47 V., c. 82, s. 18.

See as to toll-gates: 4 V., c. 17, s. 3;9 V., c. 68, s. 2; 16 V., c. 235, ss. 2, 6 and 12; 18 V., c. 160, s. 4, and 20 V., c. 125, s. 7.

See as to control of roads and bridges: 4 V., c. 17, ss. 9. 18, 19 and 20: 4-5 V., c. 72; 12 V., c. 115, s. 5; 13-14 V.. c. 102; 14-15 V., cc. 132 and 133; 16 V., c. 235; 18 V., c. 160, ss. 1, 2 and 4, and 20 V., c. 125, s. 6.

Champigny

Hill Road and "Red Brid

ge."

5. And be it enacted, that the provisions of the said ordinance as hereby amended, shall also, from and after the passing of this act, extend to the road leading from Champigny Hill (the said hill included) to the bridge commonly called the "Red Bridge" or "Commissioners' Bridge.'

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SCHEDULE OF TOLLS. *

For every coach or other four-wheeled close covered pri-
vate carriage, or half-covered and open, drawn by two
horses or other beasts....

s. d.

08

Every additional horse or beast...

0 2

For every four-wheeled private carriage, not covered,
drawn by two horses or other beasts..
Every additional horse or beast....

06

0 2

0 5 0 2

For every gig, calash, dennet, spring-cart, or other pri-
vate two-wheeled carriage, drawn by one horse or beast.
Every additional horse or beast..
For every waggon, wain, cart, or other carriage, for
loads, and not for hire, with four wheels, and drawn
by two horses or other beasts...
Every additional horse or beast....

For every such cart or other two-wheeled carriage, for
loads, and not for hire, drawn by one horse or beast,
comprising all two-wheel vehicles belonging to habi-
tans or common farmers...

04

0 1

0 3

For every sleigh, (traîne) drag, berlin, or other winter
vehicle, drawn by one horse or other beast.

0 2

Every additional horse or beast.....

0 1

For every horse, mare, gelding, ass, mule, ox, cow, and
head of other neat cattle, not drawing.

0 1

For every horse, mare, gelding, ass or mule, with a rider.
For every score of sheep, lambs, hogs or swine........
For every stage-coach, diligence, van, caravan, stage-
waggon, or other stage-carriage for the conveyance of
passengers, with four wheels, and drawn by one horse
or beast of draught...

Every additional horse or beast..

For every gig, calash, dennet, spring-cart, or other car-
riage, for passengers, with two wheels, and drawn by
one horse or other beast of draught...

Every additional horse or beast..

For every waggon, wain, cart, or other carriage, for pas-
sengers or goods, and carrying for hire, or conveying
stones, with four wheels, and drawn by two horses or
other beasts of draught..

0 2 0 5

0 6

0 2

05

0 1

0 5

For every cart or other carriage, for passengers or goods,

or conveying stones, with two wheels, and drawn by
one horse or other beast of draught..

0 4

This schedule is replaced by 9 V., c. 68.

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