3. Every portion or part of the Province mentioned in Revocation. the proclamation shall cease to be a fire district upon the revocation by the Lieutenant-Governor in Council of the proclamation by which it was created. 41 V. c. 23, s. 3. for certain purposes and 4. It shall not be lawful for any person to set out, or cause Fires not to be to be set out or started, any fire in or near the woods within started except any fire district between the 1st day of April and the 1st day of November in any year, except for the purpose of clearing in certain land, cooking, obtaining warmth, or for some industrial purpose; and in cases of starting fires for any of the above purposes, the obligations and precautions imposed by the following sections shall be observed. 41 V. c. 23, s. 4. periods. be taken in 5. Every person who shall, between the 1st day of April Precautions to and the 1st day of November, make or start a fire within a case of clearfire district for the purpose of clearing land, shall exercise and ing land. observe every reasonable care and precaution in the making and starting of such fire, and in the managing of and caring for the same after it has been made and started, in order to prevent the fire from spreading and burning up the timber and forests surrounding the place where it has been so made and started. 41 V. c. 23, s. 5. case of cook 6. Every person who shall, between the 1st day of April Precautions in and the 1st day of November, make or start within such a ing, etc. district a fire in the forest, or at a distance of less than half-amile therefrom, or upon any island, for cooking, obtaining warmth, or for any industrial purpose, shall 1. Select a locality in the neighbourhood in which there is the smallest quantity of vegetable matter, dead wood, branches, brushwood, dry leaves, or resinous trees; 2. Clear the place in which he is about to light the fire by removing all vegetable matter, dead trees, branches, brushwood, and dry leaves from the soil within a radius of ten feet from the fire; 3. Exercise and observe every reasonable care and precaution to prevent such fire from spreading, and carefully extinguish the same before quitting the place. 41 V. c. 23, s. 6. cases of 7. Any person who shall throw or drop any burning match, Precautions in ashes of a pipe, lighted cigar or any other burning substance, matches, burnor who shall discharge any fire-arm within such fire district, ing subshall be subject to the pains and penalties imposed by this Act stances, etc. if he neglect completely to extinguish before leaving the spot the fire of such match, ashes of a pipe, cigar, wadding of the fire-arm or other burning substance. 41 V. c. 23, s. 7. 8. Every person in charge of any drive of timber, survey or Act to be read to employees exploring party, or of any other party requiring camp-fires for by heads of cooking or other purposes, within a fire district, shall pro- surveys, lum berers, etc. Precautions as vide himself with a copy of this Act, and shall call his men together and cause the Act to be read in their hearing, and explained to them at least once in each week during the continuance of such work or service. 41 V. c. 23, s. 8. 9. All locomotive engines used on any railway which passes to locomotives, through any fire district or any part of a fire district, shall, by the company using the same, be provided with and have in use all the most approved and efficient means used to prevent the escape of fire from the furnace or ash-pan of such engines, and the smoke-stack of each locomotive engine so used shall be provided with a bonnet or screen of iron or steel wire netting, the size of the wire used in making the netting to be not less than number nineteen of the Birmingham wire gauge, or three sixty-fourth parts of an inch in diameter, and shall contain in each inch square at least eleven wires each way at right angles to each other, that is in all twenty-two wires to the inch 41 V. c. 23, s. 9. Duty of engine drivers. Penalty. Limitation of actions. Disposal of fines. Government agents to en force this Act. square. 10. It shall be the duty of every engine driver in charge of a locomotive engine passing over a railway within the limits of any fire district, to see that all such appliances as are above mentioned are properly used and applied, so as to prevent the unnecessary escape of fire from any such engine as far as it is reasonably possible to do so. 41 V. c. 23, s. 10. 11. Whosoever unlawfully neglects or refuses to comply with the requirements of this Act in any manner whatsoever, shall be liable, upon a conviction before any Justice of the Peace, to a penalty not exceeding $50 over and above the costs of prosecution, and in default of payment of such fine and costs the offender shall be imprisoned in the common gaol for a period not exceeding three months; and any railway company permitting a locomotive engine to be run in violation of the provisions of section 9 of this Act shall be liable to a penalty of $100 for each offence, to be recovered with costs in any Court of competent jurisdiction. 41 V. c. 23, s. 11. 12. Every action for any contravention of this Act shall be commenced within three months immediately following such contravention. 41 V. c. 23, s. 12. 13. All fines and penalties imposed and collected under this Act shall be paid one-half to the prosecutor and the other half to Her Majesty for the public use of the Province. 41 V. c. 23. s. 13. 14. It shall be the special duty of every Crown Land agentwoods and forest agent, free grant agent and bush ranger to enforce the provisions and requirements of this Act, and in all cases coming within the knowledge of any such agent or bush ranger to prosecute every person guilty of a breach of any of the provisions and requirements of the same. 41 V. c. 23, s.14, terfere with 15. Nothing in this Act contained shall be held to limit or Act not to ininterfere with the right of any party to bring and maintain a right of action civil action for damages occasioned by fire, and such right shall for damages remain and exist as though this Act had not been passed. 41 V. c. 23, s. 15. CHAPTER 214. An Act to impose a Tax on Dogs and for the Protection of Sheep. TAX ON DOGS: To be levied annually, unless other- PROTECTION OF SHEEP: Dog worrying sheep may be killed, Plea to action for killing dog, s. 10. Payment by municipal council for H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: TAX ON DOGS. 1. Subject to the provisions of the next section, there shall Annual tax on be levied annually, in every municipality in Ontario, upon the dogs. owner of each dog therein, an annual tax of $1 for each dog, and $2 for each bitch. R. S. O. 1877, c. 194, s. 1. 2.-(1) In case the council of any county or union of Unless discounties deems it advisable to dispense with the levy of the pensed with by County said tax, it shall be lawful for such council to declare, by by- by-law. law, that the said tax shall not be levied in any of the municipalities within its jurisdiction. (2) Immediately upon the passing of such county by-law Tax may be the council shall cause its clerk to transmit a copy restored by of the Township bysame to the assessors of every municipality within its law. Duty of assessors herein. Duty of own ers of dogs. Penalty. Tax entered on collector's roll. Proceedings where collec to collect taxes from parties tor has failed assessed. Penalty. Penalty. Tax to form jurisdiction; and the county by-law shall have effect within every such municipality, unless the council thereof by by-law declares this Act to be in force therein, whereupon the county by-law shall not apply to or have any effect within such municipality. R. S. O. 1877, c. 194, s. 2. 3. The assessors of every municipality within which this Act has not been dispensed with, as provided in the preceding section, shall, at the time of making their annual assessment, enter on the assessment roll, in a column prepared for the purpose, opposite the name of every person assessed, and also opposite the name of every resident inhabitant not otherwise assessed, being the owner or keeper of any dog or dogs, the number by him or her owned or kept. R. S. O. 1877, c. 194, s. 3. See Cap. 191, s. 14 (3), & Sched. B. 4. The owner or keeper of any dog shall, when required by the assessors, deliver to them, in writing, the number of dogs owned or kept, whether one or more; and for every neglect or refusal to do so, and for every false statement made in respect thereof, shall incur a penalty of $5 to be recovered with costs before any Justice of the Peace for the municipality. R. S. O. 1877, c. 194, s. 4. 5. The collector's roll of the municipality shall contain the name of every person entered on the assessment roll as the owner or keeper of any dog with the tax hereby imposed, in a separate column; and the collector shall proceed to collect the same, and at the same time and with the like authority, and make returns to the treasurer of the municipality, in the same manner, and subject to the same liabilities in all respects for paying over the same to the treasurer, as in the case of other taxes levied in the municipality. R. S. O. 1877, c. 194, s. 5. 6. In cases where parties have been assessed for dogs, and the collector has failed to collect the taxes authorized by this Act, he shall report the same under oath to any Justice of the Peace, and such Justice shall, by an order under his hand and seal, to be served by any duly qualified constable, require such dogs to be destroyed by the owners thereof; and if such owners neglect or refuse to obey the said order, they shall be liable to the penalty, to be recovered in the same way and manner as provided in section 15 of this Act; and in case any collector neglects to make the aforesaid report within the time required for paying over the taxes levied in the municipality, he shall be liable to a penalty of $10 and costs, to be recovered in the same manner as provided in section 15 of this Act. R. S. O. 1877, c. 194, s. 6. 7. The money collected and paid to the clerk or treasurer fund for dam- of any municipality under the preceding sections, shall consti ages, etc. tute a fund for satisfying such damages as arise in any year from dogs killing or injuring sheep or lambs in such municipality; and the residue, if any, shall form part of the assets of the municipality for the general purposes thereof; but when it becomes necessary in any year for the purpose of paying charges on the same, the fund shall be supplemented to the extent of the amount which has been applied to the general purposes of the municipality. R. S. O. 1877, c. 194, s. 7. council main apply proceeds 8.-(1) In case the council of any county or union of Provision for counties deems it advisable that the tax by this Act established cases in which should be maintained, but that the application of the pro- tains taxes, ceeds thereof by this Act provided should be dispensed with, it but does not shall be lawful for such council by by-law to declare that thereof. such application shall be dispensed with; and thereafter during the continuance of such by-law, the sections of this Act numbered 6, 7, and 15 to 21 inclusive shall have no force or effect in any of the municipalities within the jurisdiction of such council; and the moneys collected and paid to the clerk or treasurer of any such municipality, under the remaining sections of this Act, shall be the property of such municipality, and shall be subject to its disposition in like manner as other local taxes. R. S. O. 1877, c. 194, s. 8. apply proceeds (2) Immediately upon the passing of such county by- Townshipmay law the council shall cause its clerk to transmit a copy of the pass by-law to same to the clerk of every municipality within its jurisdiction, of taxes 111 and the county by-law shall have effect within every such payment for sheep. municipality, unless the council thereof by by-law declares this Act to be in force therein, whereupon the said county by-law shall not apply to or have any effect within such municipality. 47 V. c. 40, s. 1. PROTECTION OF SHEEP. 9. Any person may kill any dog which he sees pursuing, Dogs seen worrying or wounding any sheep or lamb. R. S. O. 1877, worrying c. 194, s. 10. sheep may be killed. dog. 10. The defendant in any action of damages for killing a Plea to action dog under the circumstances in the preceding section mention- for killing a ed, may plead not guilty by statute and give this Act and the special matter in evidence. R. S. O. 1877, c. 194, s. 11. addicted to be summoned 11. On complaint made in writing on oath before a Jus- Persons tice of the Peace for any city, town or county, or union of owning dogs counties, that any person residing in such city, town or worrying may county, or union of counties, owns or has in his possession a before a Jusdog which has within six months previous worried and injured tice of the or destroyed any sheep, the Justice of the Peace may issue Peace. his summons, directed to such person, stating shortly the matter of the complaint, and requiring such person to appear be |