15. This Act shall not apply to mortgages of vessels reg tered under the provisions of any Act in that behalf. 20 V.c. s. 10,-See 8 V. c. 5.

16. All mortgages and sales of goods and chattels registe under the provisions of any former Acts in that behalf, shall held and taken to be as valid and binding as if the said A had not been repealed. 20 V. c. 3, s. 14.

No license to

2. NAVIGABLE WATERS AND STREAMS.

CAP. XLVI.

An Act relating to Ferries.

HER Majesty, by and with the advice and consent
Legislative Council and Assembly of Canada, enac

follows:

1. No license of Ferry in Upper Canada shall in futur be granted, &c. granted to any person or body corporate beyond the limits th and all grants of Ferry on the Frontier line of Upper Ca shall be issued to the Municipality within the limits of such Ferry exists, and in case of the establishment of any tional Ferry on such Frontier, then to the Municipality in t such additional Ferry is established, and shall be so constr to extend and apply to all such Ferries on the Provincial tier, the circumstances of which do not permit or warran peremptory use of Steamboats. 20 V. c. 7, s. 5,-22 V. (1859.)

License to be issued by the Governor un

2. Every grant or license of Ferry shall be issued t Governor under the Great Seal, and under the foregoing se der the Great may be granted for any period not exceeding fifty year V. c. 50, ss. 2, 3,-20 V. c. 7, ss. 1, 2, 8.

Seal.

Ferrics to be

lic competition

and only for a limited time.

3. Except as herein otherwise provided, no Ferry in leased by pub- Canada shall hereafter be leased by the Crown, nor sha Lease thereof be renewed, or any License by the Crown as a Ferryman thereat be granted, except by public compe and after notice of the time and place at which tenders received for the Lease or License for such Ferry, inser least four times in the course of four weeks in the C Gazette, and in one or more of the newspapers published County in which the Ferry may be situate, and to parties such security as the Governor in Council may require; no any such Ferry be leased or the License thereof granted longer term than seven years at any one time. 9 V. c. 9

4. In every case, except in the case of Municipalities as Limits of Fer.
hereinafter provided, where the limits to which the exclusive ries.
rivilege of any Ferry extends are not already defined, such ex-
sive privilege shall not be granted for any greater distance
an one mile and a half on each side of the point at which the
erry is usually kept, but nothing herein contained shall invali-
He or infringe upon any existing grant or right of Ferry. 8
c. 50, ss. 5, 3.

3. In all cases where a ferry is required over any stream or Governor may
er water within Upper Canada, and the two shores of such grant a license
to have a ferry
am or other water are in different Municipalities, such communica-
nicipalities not being in the same County, the Governor in tion between
uncil may grant a license to either of such Municipalities lities.
two Municipa-
lusively, or to both conjointly, as may be most conducive to
public interest. 20 V. c. 7, s. 1.

Such license shall confer right on the Municipality or License to con-
nicipalities to establish a ferry from shore to shore on such fer a right, &c.
an or other water, and with such limit and extent as may

ear advisable to the Governor in Council, and be expressed

Beh license. 20 V. c. 7, s. 1.

license as to

Such license shall be upon condition that the craft to be Condition of
the purpose of such ferry shall be propelled by steam, steam.
such dimensions, and the engine thereof be of such

Pras the Governor in Council may direct; and upon such
conditions as the Governor in Council may think fit and
ess in such license. 20 V. c. 7, s. 1.

ferries.

The Council of the Municipality to which municipality Municipalities.
sich license may be issued, may pass By-laws, not contra- may sub-let
ing the terms of the license, declaring their determination
let the said ferry, and may sub-let the saine for the price,
pon the terms, and to the parties, and on the conditions,
the rates of ferriage to be paid, which the said Council
deem best. 20 V. c. 7, s. 3.

Cities, Towns

such license.

In all cases where the one shore of such stream or other Incorporated
is within the limits of a City, Town, or incorporated and Villages to
ge, and the other shore thereof in a Township or rural have the pre-
cipality, the license shall be issued to the City, Town, ference as to
rporated Village; But in case the Rural Municipality
te to any such City, Town, or incorporated Village, be an
then the license shall be granted to the Island Munici-
20 V. c. 7, s. 4.

If any person unlawfully interferes with the rights of Penalty for in-
ensed Ferryman, by taking, carrying, and conveying, licensed ferry-

y such Ferry,

across the river or stream on which the same man.

ale, any person, cattle, carriage, or wares, in any boat, or other craft, for hire, gain, reward, profit, or hope

thereof,

1

Parties may

keep boats for their own use.

Offender to be committed if

thereof, or unlawfully does any other act or thing to lessen the tolls and profits of any Lessee of the Crown of any such Ferry, such offender, upon conviction thereof before a Justice of the Peace, shall forfeit and pay such sum of money not exceeding twenty dollars, as the Justice may direct, which sum shall be paid to the party aggrieved, except where he has been examined in proof of the offence, in which case the money shall be applied and accounted for in the same manner as any penalty imposed for a breach of the peace. 8 V. c. 50, s. 1.

11. Any person may keep at any such Ferry a boat, vessel, or other craft, for his own private use, or may use, for the accommodation of himself or of his employer, his own or his employer's boat, vessel or craft, to cross the river or stream on which such Ferry is situate; but such privilege shall in no wise be used to take, carry or convey any other persons or property for hire, gain, reward or profit, or hope thereof, or directly or indirectly to enable any of such other persons to evade the payment of tolls at such Ferry. 9 V. c. 9, s. 1,--8 V. c. 50, s. 1.

12. In case the sum forfeited be not paid immediately after penalty be not conviction, the convicting Justice may commit the offender to paid. the Common Gaol of the County, there to be imprisoned for a term not exceeding two months, unless the forfeiture, and the costs, be sooner paid. 8 V. c. 50, s. 2.

Aggrieved

party may appeal.

Title to the ferry.

Municipal

pass By-laws regulating terries in certain places.

13. Any party aggrieved by any conviction or decision under this Act, may appeal from such conviction or decision in the manner and under the conditions and provisions of the Act respecting appeals in cases of summary conviction. 8 V. c. 50, s. 4.

14. On the trial of any offender against this Act, every license heretofore issued or issued under this Act, shall be prima facie evidence of title to the Ferry. 8 V. c. 50, s. 3.

15. The Council of every County, City and Town separated Councils may from the County, under the Act respecting the Municipal Institutions of Upper Canada, may pass By-laws for regulating Ferries between any two places in the Municipality; and esta blishing the rates of ferriage to be taken thereon; but no such By-law shall have effect until assented to by the Governor in Council; and until the Council of the County, City or Town separated as aforesaid pass a By-law regulating such Ferries and in the cases of Ferries not between two places in the same Municipality, the Governor, by order in Council, may from time to time regulate such ferries respectively, and establish the rates to be taken thereon subject to the provisions of this Act. 22. c. 99, s. 277, No. 4, and s. 278.

CAP.

CAP. XLVII.

An Act respecting Rivers and Streams.

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

as follows:

may be cut on

thereon.

1. Except in the case of round or squared timber, or of trees, Conditions on masts, staves, deals, boards or other sawed or manufactured which timber lumber or saw logs, prepared for transportation to a market, the banks of rievery person and every employer of such person, who cuts and vers and floated fells any trees into the Grand River, the River Thames, River Nith, River Speed, Otter Creek, the River Credit, the River Otonabee from Sturgeon Lake to Rice lake; the River Scugog, the River Trent from Rice Lake to the Bay of Quinte, Crow River; the Rivers Gananoque, Rideau, Petite Nation, Tay, Mississipi, Bonnechere, Madawaska and Goodwood in Upper Canada, or upon such parts of the banks thereof as are usually overflowed in the autumn or spring of the year by the rising of the water of the said Rivers or Creek, and who does not lop off the branches of such trees and cut up the trunks thereof into lengths of not more than eighteen feet, before they are allowed to be floated or cast into the said Rivers or Streams shall for every such offence forfeit and pay a penalty not exceeding ten dollars. 3 W. 4, c. 28, s. 1,---2 V. c. 16, ss. 1, 4.

2. In case any person throws, or in case any owner or Penalty on peroccupier of a mill suffers or permits to be thrown, into any sons obstructRiver, Rivulet or water-course in Upper Canada, excepting rivulets. those hereinafter mentioned,, any slabs, bark, waste stuff or other refuse of any saw-mill (except saw dust,) or any stumps, roots, shrubs, tan-bark or waste wood, or leached ashes; or in ease any person fells, or causes to be felled, in or across any such river, rivulet or water-course, any timber or growing or standing trees, and allows the same to remain in or such river, rivulet or water course, he shall incur a penalty not exceeding twenty dollars and not less than twenty cents for each. day during which such obstruction remains in, over, or across such river, rivulet or water-course, over and above all damages arising therefrom. 10, 11 V. c. 20, s. 1,---7 V. c. 36, s. 1,-2 V. c. 16, s. 2,-22 V. c. 99, s. 270.

across

weirs or trees

3. This Act shall not apply to any dam, weir or bridge Act not to exerected in or over any such river, rivulet or water-course, or to tend to dams, any thing done bona fide in or for erecting the same, or to any used as bridges. tree cut down or felled across any such river, rivulet or watercourse, for the purpose of being used as a bridge from one side thereof to the other; provided such tree does not impede the flow of water or the passing of rafts. 10, 11 V. c. 20, s. 1.

Rivers where

salmon, pick

4. This Act shall not extend to the River St. Lawrence, erel, black bass nor to the River Ottawa, nor to any River or Rivulet wherein or perch do not Salmon, Pickerel, Black Bass, or Perch do not abound. 14, 15 V. c. 123.

abound not included.

As to obstruc

tions not wil

ful.

How fines to be recovered.

Party aggriev

5. No such obstruction happening without the wilful default of any party, or in the bona fide exercise of his rights, shall subject him to any fine or forfeiture unless upon default to remove the obstruction after notice and reasonable time afforded for that purpose. 10, 11 V. c. 20, s. 1.

6. All fines, penalties, forfeitures and damages under this Act, when not together exeeeding twenty dollars, may respectively, upon the oath of one credible witness, be recovered with costs, in a summary way in the manner provided by the Act of the Province of Canada relative to malicious injuries to property, before any one or more of the Justices of the Peace for the County in which the offence has been committed, and unless the conviction be appealed from if the fine or penalty and damages (as the case may be) together with the costs, be not paid at the time stated in the conviction, the convicting Justice or Justices, or one of them, when more than one, shall issue his or their warrant of distress to levy the same out of the goods and chattels of the offender; and in case there be not sufficient goods and chattels found to satisfy the same, and in case the offender does not otherwise satisfy the amount within three days after conviction, then such Justice or Justices (as the case may be shall by warrant under hand and seal commit the offender to the common Gaol of the County in which he has been convicted, for the term of ten days in case the conviction be under the first section of this Act, or thirty days in case the conviction be under the second section of this Act, unless the fine, penalty or forfeiture and damages (as the case may be,) and costs, be sooner paid. 3 W. 4, c. 28, s. 2,--10, 11 V. c. 20, s. 1, see 4, 5 V. c. 26, s. 30,--7 V. c. 36, ss. 1, 2, 4.

7. Any party aggrieved by any conviction or decision. ed may appeal. under this Act, may appeal in the manner and under the conditions and provisions of the Act of the Province of Canada respecting appeals in cases of summary conviction. 7 V. c. 36, s. 2.

Appropriation

of penalties.

Assessed da

mages how to be applied.

8. Of pecuniary penalties levied under this Act, one third shall go to the informer, and the other two thirds shall be paid to the Treasurer of the Municipality in which the offence was committed, and shall be expended in improving the Public Highways therein. 3 W. 4, c. 28, s. 3,--2 V. c. 16, s. 3.

9. In case of damages to private property arising out of a violation of this Act, such damages may, at the request of the party aggrieved, be assessed by the convicting Justice

or

*Reference should have been made to the Act respecting the duties of Justices of the Peace out of Sessions in relation to Summary Convictions and Orders which virtually superseded 4, 5 V. c. 26, s. 30.