should be filled

notified.

2. In case the engineer or other competent person re- If engineer ports to the council that in his opinion the abandoned well reports a well so complained of should be filled up, or that the water up, owners flowing therein should be shut off in some other way, the clerk thereof to be of the council shall mail to the owner or owners of the abandoned well, or to some one of such owners, or to his or their agent in charge of the premises where the abandoned well is situate, a copy of the report, with a notice in writing signed by said clerk, stating that unless said abandoned well is filled up or the water flowing therein is effectually shut off in accordance with the opinion contained in the said report, that the person complaining will proceed to do the work as provided in the next section. R. S. O. 1877, c. 197, s. 2.

3. If the abandoned well is not filled up, or the water Cases wherein flowing therein otherwise shut off in accordance with the opin- complainant may fill up. ion contained in said report, within twenty days from the time of the mailing of the said notice, then it shall be lawful for the person complaining to proceed to the filling up of the said abandoned well, or the shutting off of the water flowing therein, in accordance with the terms of the said report; and no action for damages shall lie or be maintainable against the person, his servants or agents, for so doing. R. S. O. 1877, c. 197, s. 3.

HE

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Interpreta-
tion:
"Occupied
lands;'

"Fence viewers;"

lands are

situate;"

2. (1) In this Act the expression "occupied lands" shall not include so much of a lot, parcel or farm as is unenclosed, although a part of such lot, parcel or farm is enclosed and in actual use and occupation. 41 V. c. 10, s. 1.

(2) Where, within the meaning of section 4 of this Act, there is any dispute between owners or occupants of lands situate in different municipalities, the following words or expressions in this Act shall have the meaning hereinafter expressed, namely:

1. The phrase "Fence-viewers" shall mean two fence-viewers of the municipality in which is situate the land of the owner or occupant notified under subsection 1 of section 4 of this Act, and one fence-viewer of the municipality in which is situate the land of the party or person giving the notice; except that in case of a disagreement having occurred within the meaning of sub-section 4 of said section 4, the said phrase "Fenceviewers" shall mean fence-viewers from either or both municipalities.

"In which the 2. The expression "in which the lands are situate" and the expression in which the land lies," shall respectively mean "In which the in which are situate the lands of the owner or occupant so notified under said sub-section 1 of section 4. 47 V. c. 42, s. 1.

land lies.'

Duties of

owners of adjoining lands as to fences.

Disputes be

3. Owners of occupied adjoining lands shall make, keep up and repair a just proportion of the fence which marks the boundary between them, or if there is no fence they shall so make, keep up and repair the same proportion which is to mark such boundary; and owners of unoccupied lands which adjoin occupied lands shall, upon their being occupied, be liable to the duty of keeping up and repairing such proportion, and in that respect shall be in the same position as if their land had been occupied at the time of the original fencing, and shall be liable to the compulsory proceedings hereinafter mentioned. R. S. O. 1877, c. 198, s. 2.

4. In case of dispute between owners respecting such protween owners, portion, the following proceedings shall be adopted :

how to be

settled.

Notice to

1. Either owner may notify (Form 1) the other owner or owner or occu- the occupant of the land of the owner so to be notified, that he pant of adjoin will, not less than one week from the service of such notice, ing land. cause three fence-viewers of the locality to arbitrate in the premises.

And to fenceviewers,

What to contain.

2. The owners so notifying shall also notify (Form 2) the fence-viewers, not less than one week before their services are required.

3. The notices in both cases shall be in writing, signed by the person notifying, and shall specify the time and place of meeting for the arbitration, and may be served by leaving the same at the place of abode of such owner or occupant, with

some grown-up person residing thereat; or in case of the lands being untenanted, by leaving the notice with any agent of such owner.

fence-viewers.

4. The owners notified may, within the week, object to any When Judge or all of the fence-viewers notified, and in case of disagree- to appoint ment, the Judge hereinafter mentioned shall name the fenceviewers who are to arbitrate. R. S. O. 1877, c. 198, s. 3.

5. An occupant, not the owner of land notified in the man- Duty and ner above mentioned, shall immediately notify the owner; and occupants as liability of if he neglects so to do, shall be liable for all damage caused to to notifying the owner by such neglect. R. S. O. 1877, c. 198, s. 4.

owners.

powers of

6. The fence-viewers shall examine the premises, and if re- Duties and quired by either party they shall hear evidence, and are fence-viewers. authorized to examine the parties and their witnesses on oath, and any one of them may administer an oath or affirmation for the purpose as in Courts of law. R. S. O. 1877, c. 198, s. 5.

fence -viewers.

7-(1) The fence-viewers shall make an award (Form 3) in Award of writing signed by any two of them, respecting the matters so in dispute; which award shall specify the locality, quantity, Contents. description and the lowest price of the fence it orders to be made, and the time within which the work shall be done, and shall state by which of the said parties the costs of the proceedings shall be paid, or in what proportion the same shall be paid to the parties.

fence.

(2) In making the award, the fence-viewers shall regard Character of the nature of the fences in use in the locality, the pecuniary circumstances of the persons between whom they arbitrate, and generally, the suitableness of the fence ordered, to the wants of each party.

fence.

(3) Where, from the formation of the ground, by reason of Location of streams or other causes, it is found impossible to locate the fence upon the line between the parties it shall be lawful for the fence-viewers to locate the said fence either wholly or partially on the land of either of the said parties, where to them it seems to be most convenient; but such location shall not in any way affect the title to the land.

of surveyor.

(+) If necessary, the fence-viewers may employ a provincial Employment land surveyor, and have the locality described by metes and bounds. R. S. O. 1877, c. 198, s. 6.

award.

8. The award shall be deposited in the office of the clerk of Deposit of the council of the municipality in which the lands are situate, and shall be an official document, and may be given in evidence Award may be in any legal proceeding by certified copy, as are other official evidence. documents; and notice of its being made shall be given to all Notification parties interested. R. S. O. 1877, c. 198, s. 7.

of award.

Award, how enforced.

Award to be

a charge on lands, if registered.

How registered.

Rev. Stat. c. 114.

Fees to fenceviewers, surveyors and witnesses.

Appeals.

Notice of appeal.

To Clerk.

Notice of hearing.

Powers of the
Judge.

9. The award may be enforced as follows: The person desiring to enforce it shall serve upon the owner or occupant of the adjoining lands a notice in writing, requiring him to obey the award, and if the award is not obeyed within one month after service of the notice, the person so desiring to enforce it may do the work which the award directs, and may immediately recover its value and the costs from the owner by action in any Division Court having jurisdiction in the locality; but the Judge of the Division Court may, on application of either party, extend the time for making the fence to such time as he may think just. R. S. O. 1877, c. 198, s. 8.

10.—(1) The award shall constitute a lien and charge upon the lands respecting which it is made, when it is registered in the registry office of the registry division in which the lands

are.

(2) Such registration may be in duplicate or by copy, proved by affidavit of a witness to the original, or otherwise, as in the case of any deed which is within the meaning of The Registry Act. R. S. O. 1877, c. 198, s. 9.

11. The fence-viewers shall be entitled to receive $2 each for every day's work under this Act: Provincial land surveyors and witnesses shall be entitled to the same compensation as if they were subpoenaed in any Division Court. R. S. O. 1877, c. 198, s. 10.

12. Any person dissatisfied with the award made, may appeal therefrom to the Judge of the County Court of the county in which the lands are situate, and the proceedings on the appeal shall be as follows:

1. The appellant shall serve upon the fence-viewers, and all parties interested, a notice in writing of his intention to appeal, within one week from the time he has been notified of the award; which notice may be served as other notices mentioned in this Act.

2. The appellant shall also deliver a copy of the notice to the clerk of the Division Court of the division in which the land lies, and the clerk shall immediately notify the Judge of such appeal, whereupon the Judge shall appoint a time for the hearing thereof, and, if he thinks fit, order such sum of money to be paid by the appellant to the said clerk as will be a sufficient indemnity against costs of the appeal.

3. The Judge shall order the time and place for the hearing of the appeal, and communicate the same to the clerk, who shall notify the fence-viewers and all parties interested, in the manner hereinbefore provided for the service of other notices under this Act.

4. The Judge shall hear and determine the appeal, and set aside, alter, or affirm the award, correcting any error therein

and he may examine parties and witnesses on oath, and, if he so pleases, may inspect the premises; and may order payment of costs by either party, and fix the amount of such

costs.

5. His decision shall be final; and the award, as so altered Decision of or confirmed, shall be dealt with in all respects as it would Judge to be have been if it had not been appealed from.

6. The practice and proceedings on the appeal, including the fees payable for subpoenas and the conduct money of witnesses, shall be the same, as nearly as may be, as in the case of a suit in the Division Court. R. S. O. 1877, c. 198, s. 11.

final.

of agreements.

13. Any agreement in writing (Form 4) between owners Registration respecting such line fence may be filed or registered and enforced as if it was an award of fence-viewers. R. S. O. 1877, c. 198, s. 12.

division fence

14.-(1) The owner of the whole or part of a division or Owner of line fence which forms part of the fence enclosing the occupied which in part or improved land of another person, shall not take down or encloses another person's remove any part of such fenceland not to remove same

(a) Without giving at least six months previous notice of except upon
his intention to the owner or occupier of such notice, etc.
adjacent enclosure;

(b) Nor unless such last mentioned owner or occupier after
demand made upon him in writing by the owner
of such fence, refuses to pay therefor the sum
determined as provided in section 7 of this Act;

(e) Nor if such owner or occupier will pay to the owner of
such fence or of any part thereof, such sum as
the fence-viewers may award to be paid therefor
under section 7 of this Act.

apply to cases

(2) The provisions of this Act relating to the mode of deter- Provisions of mining disputes between the owner of occupied adjoining this Act to lands, the manner of enforcing awards and appeals therefrom, under this secand the schedules of forms attached hereto, and all other provisions of this Act, so far as applicable, shall apply to proceedings under this section. R. S. O. 1877, c. 198, s. 13.

tion.

when a tree is thrown down

across a line

15. (1) If any tree is thrown down, by accident or other- Provision, wise, across a line or division fence, or in any way in and upon the property adjoining that upon which such tree stood, thereby causing damage to the crop upon such property or to such fence. fence, it shall be the duty of the proprietor or occupant of the premises on which such tree theretofore stood, to remove the same forthwith, and also forthwith to repair the fence, and otherwise to make good any damage caused by the falling of

such tree.