2. For providing that a sum of money, not exceeding Rate of $1 for each day's labour, may or shall be paid in commuta- commutation. tion of such statute labour; of days' statute labour. 3. For increasing or reducing the number of days' labour, Fixing number to which the persons rated on the assessment roll or otherwise shall be liable, in proportion to the statute labour to which such persons are liable in respect of the amounts at which they are assessed, or otherwise respectively; statute labour. 4. For enforcing the performance of statute labour, or pay- Enforcing ment of a commutation in money in lieu thereof, when not otherwise provided by law; 5. For regulating the manner and the divisions in which Regulating statute labour or commutation money shall be performed or performance, expended; etc. 6. For reducing the amount of statute labour to be per- Reducing or formed by the ratepayers or others within the municipality, abolishing. or for entirely abolishing such statute labour; 46 V. c. 18, s. 521 (1-6). 7. For providing for the making and keeping open of township roads during the season of sleighing in each year, and for appointing overseers of highways, or pathmasters to perform that duty, and such overseers and pathmasters shall have full power to call out persons liable to perform statute labour within their respective municipalities, to assist in keeping open such roads, and may give to such persons as may be employed in so doing certificates of having performed statute labour to the amount of the days' work done, and such work shall be allowed for to such persons in their next season's statute labour; 8. For providing for the application of so much of the commutation of the statute labour fund, as may be necessary for keeping open such roads as last aforesaid, within such respective municipalities. 48 V. c. 39, s. 20, part. Town Halls. town hall in a 9. For acquiring lands in any town or incorporated village Acquiring within, or partly within, the original boundaries of the town- land for a ship, for the purpose of erecting thereon a town hall, or for town or renting or acquiring a hall, within such town or village, for village. the purpose of a town hall; may be held 10. Any township owning, renting or otherwise acquiring a Township and town hall in any such town or village may hold at such other meetings town hall, any meeting, nomination, or election, or post at and notices such town hall any notice, assessment roll, or voters' list, or posted at such do thereat any other act required by law to be held, posted or done in the township at the town hall, and any meeting VOL. II.-33 hall. Powers of townships as to ferries. Purchase of wet lands from Government, &c. Raising money for purchasing and draining same. May hold or dispose of such land. Proceeds of sale. Boundaries of of any mutual insurance company, or upon the formation thereof, which is required by any statute to be held in the municipality, may lawfully be held in such hall. 46 V. c. 18, s. 521 (7, 8). Ferries. 11. For licensing and regulating ferries between any two places within the township with the same rights and powers in respect thereof, and as to establishing rates as are conferred upon county councils by sub-section 4 of section 494 of this Act, and upon the same terms and conditions as are provided by said sub-section 4; but this shall not apply to any ferry for which a license had been granted prior to the 30th day of March, 1885, and was then running, until the expiry of such license. 48 V. c. 39, s. 16. Purchasing Wet Lands. 12. For purchasing from the Government or any corporation or person, at a price (in case of Crown Lands, to be fixed by the Lieutenant-Governor in Council, and which price the Lieutenant-Governor in Council is hereby authorized to fix), all the wet lands at the disposal of the Crown or such corporation or person in such township; and such lands may be sold accordingly to the corporation of such township; (a) The purchase and draining of such lands shall be one of the purposes for which any such corporation may raise money by loan or otherwise, or for which they may apply any of their funds not otherwise appropriated. (b) The corporation of a township may possess and hold the land so purchased, and may, whenever they deem it expedient, sell or otherwise depart with or dispose of the same by public auction, in like manner as they may by law sell or dispose of other property, and upon such terms and conditions, and with such mortgages upon the land so sold, or other security for the purchase money or any portion thereof, as they may think most advantageous. (c) The proceeds of the sale of such lands shall form part of the general funds of the municipality. 46 V. c. 18, s. 482 (21). Boundaries of Marsh Lands. 13. For declaring that in the case of any lands, the bounmarsh lands. dary line, or any part of the boundary line whereof passes through a marsh or swamp, or any land covered with water, the same shall, so far as respects that part of such boundary line which so passes through a marsh or swamp, or land covered with water, be deemed to be wholly enclosed within the meaning of section 1 of The Act respecting Petty Trespasses, if posts Rev. Stat. c. 101. are put up and maintained along such part of such line at distances which will permit of each being clearly visible from the adjoining post. 50 V. c. 29, s. 50. Nuisances. 14. For regulating slaughter houses and manufactures or trades which may prove to be nuisances. 49 V. c. 37, s. 14. Dry Earth Closets. 15. For regulating the construction of dry earth closets and compelling the use of the same within such limits within the municipality as may be defined by the by-law. 50 V. c. 29, s. 31. Obstructions to Streams and Watercourses. obstruction of streams, etc. 16. For preventing the obstruction of streams, creeks and Preventing water-courses, by trees, brush wood, timber or other materials, and for clearing away and removing such obstructions at the expense of the offenders or otherwise; 17. For levying the amount of such expense, in the same Levying manner as taxes are levied; expenses. 18. For imposing penalties on parties causing such obstruc- Penalties. tions. 46 V. c. 18, s. 521 (9-11). ship cleared of served on coun stream within 522.-(1) Whenever any stream or creek in any township is When stream cleared of all logs, brush or other obstructions to the town line in any townbetween such township and any adjoining township into which obstructions, such stream or creek flows, the council of the township in notice may be which the creek or stream has been cleared of obstruction may cil of adjoining serve a notice in writing on the head of the council of the municipality requiring them adjoining township into which the stream or creek flows, to clear such requesting such council to clear such stream or creek through their munici their municipality; and it shall be the duty of such last named pality. council, within six months after the service of the notice as aforesaid, to enforce the removal of all obstructions in such creek or stream within their municipality, to the satisfaction of any person whom the council of the county, in which the municipality whose council served the notice is situate, shall appoint to inspect the same. 46 V. c. 18, s. 522. (2) When a river or stream which forms a boundary line between two municipalities becomes obstructed with driftwood or fallen timber, any one of the councils of such municipalities may cause the removal of such driftwood or fallen timber, and may pay the costs of such removal out of the general funds of the municipality. 50 V. c. 29, s. 32. Repair of Roads. 523. No stone, gravel or other material shall be put upon the roads for repairs during the winter months so as to interfere with sleighing. 48 V. c. 39, s. 20 part. TITLE II-POWERS AND DUTIES OF COUNCILS AS DIV. 1.-GENERAL PROVISIONS. DIV. II. COUNTIES, TOWNSHIPS, CITIES, TOWNS AND VILLAGES. DIV. III. TOWNSHIPS, CITIES, TOWNS AND VILLAGES. DIV. V. COUNTY COUNCILS. DIV. VI. TOWNSHIP COUNCILS. DIVISION I-GENERAL PROVISIONS. Highways defined. Sec. 524. Freehold in Crown. Sec. 525. Jurisdiction of Councils. Sec. 526. Possession in Municipalities. Sec. 527. Acquiring Roads for Public Avenues. Sec. 528. Liability for Repairs. Secs. 530, 531. County Roads and Bridges. Secs. 532, 533. Improving and Maintaining County Roads. Secs. 534, 535. Maintaining Township Roads. Secs. 536, 537. Roads under Joint Jurisdiction. Secs. 538-540. Transfer of former Powers of Justices in Sessions to County Councils. Sec. 541. Roads necessary for ingress and egress. Sec. 544. Width of Roads. Sec. 545. Notices of By-laws affecting Public Roads. Sec. 546. Registration of Road By-laws. Sec. 547. Disputes respecting Roads-Administration of Oaths. Sec. 548. Mistakes in opening Road Allowances. Sec. 549. Highways Defined. What shall 524. All allowances made for roads by the Crown surconstitute public highways. Veyors in any town, township or place already laid out or hereafter laid out; and also all roads laid out by virtue of any statute, or any roads whereon the public money has been expended for opening the same, or whereon the statute labour has been usually performed, or any roads passing through the Indian lands, shall be deemed common and public highways, unless where such roads have been already altered, or may hereafter be altered according to law. 46 V. c. 18, s. 524. See Cap. 152, secs. 44, 45, 62 (1). Freehold in the Crown. ways, etc., 525. Unless otherwise provided for, the soil and freehold Certain highof every highway or road altered, amended or laid out accord- vested in the ing to law, shall be vested in Her Majesty, Her Heirs and Crown. Successors. 46 V. c. 18, s. 525. Jurisdiction of Municipal Councils. roads, etc. 526. Subject to the exceptions and provisions hereinafter Jurisdiction of contained, every municipal council shall have jurisdiction councils over over the original allowances for roads and highways and bridges within the municipality. 46 V. c. 18, s. 526. Possession in Municipalities. rated villages 527. Every public road, street, bridge or other highway, in Streets in a city, township, town or incorporated village, shall be vested cities, townships, towns in the municipality, subject to any rights in the soil which the and incorpoindividuals who laid out such road, street, bridge or highway vested in reserved, and except any concession or other road within the municipalities city, township, town or incorporated village, taken and subject to held possession of by an individual in lieu of a street, road or highway laid out by him without compensation therefor. 46 V. c. 18, s. 527. Acquiring Roads for Public Avenues. certain rights. 528. The council of every city and town may respectively Acquiring roads and pass by-laws for acquiring and assuming possession of and con- lands for pubtrol over, any public highway or road in an adjacent municipa- lic avenue or lity by and with the consent of such municipality, the same being signified by a by-law passed for that purpose, for a public avenue or walk; And for acquiring from the owners of the land adjacent to such highway or road, such land as may be required on either side of such highway or road to increase the width thereof to the extent of 100 feet or less, subject to the provisions of section 483 of this Act. 46 V. c. 18, s. 528. Assumption of County Bridges by Villages. walk. 529. The councils of every county and incorporated Assumption by villages of village may pass by-laws for carrying out any arrangement bridges under between them for the assumption, by the village municipality, control of of any bridge within its limits, under the jurisdiction of the county. county council, and for such bridge being toll free; and for the payment by the village municipality to the county municipality of any part of the cost of the construction of such bridge; After the passing of such by-laws the bridge shall be, and remain, under the exclusive jurisdiction of the village muni |