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B Y-L A \%
\T
pRoviDi: J} FOR THE duf: performance of statute labour,
Passed 8th February, 1^4.7,
Whereas tho By-law passed by the Municipal Council of the District of Bathurst,
on the 10th day orNoVembcr 1S4-2, intituled, "By-law relating to Statute Labour,"
is defective, and it is nece»?sary that the same should be repealed, and new provision
made for the more ellicient performance of the Statute Labour to bo done hereafter
within the several townships in the said District of Bathurst.
Be it therefore enacted by the Municipal Council of ihe said District of Bathurst,
constituted and assembled at Perth, by virtue and under the authority of an Act passed
during the first Session of the first Parliament of Canada, intituled, "An Act to provide
for the better internal Government of that part of this Province which formerly consti-
tuted the Province of Upper Canada, by the establishment of local oc Municipal au-
thorities therein," and also under and by virtueofano'i,\ .r Act of the said Parliament
of Canada, made and passed in tho ninth year of the Reign of Her Majesty Queea
Victoria, chapter 40th, intituled, '< An Act to amend the laws relating to District Coun^
cils in Upper Canada," and it is hereby enacted by the authority of the same? that the
said By-law made and passed by the said Municipal Council of the said District of Ba-
thurst, on the tenth day of November, in the year of our Lord one thousand eight hurx-s
dred and forty two, be, and the same is hereby repealed.
1st. And be it enacted by the authority aforesaid, that it shall and may be lawful
for the Municipal Covincil of the said District, in Council assembled, to appoint annuaU
!y three persons in each and every township in tho District, to allot and distribute the
Statute Labour to be done in the respestive townships for which they are appointed ;
and to hold such and so many meetings during each and every year as may be neces-»
sary for that purpose ; and that all the powers and authority heretofore vested in and
exercised by the Justices of the Peace within .iieir respective divisions, under and by
virtue of the 20th Section of the Act 1st Victoria chapter 21, intituled, "An Act to al-
ter and amend sundry Acts regulating the appointment and duties of township officers ;"
shall and may be vested in and exercised by such persons, or a majority of them, so
appointed, within their several and respective townships, so far as the said powers and
authority appertain to, or are connected with the appropriation, controul, management,
and distribution of the Statute Labour within such townships respectively, and that when
acting in such capacity they shall be designated " Commissioners of Statute Labour ;"
nnd before they enter on their duties shall take and subscribe before the Township
Clerk, the following declaration, viz., I— ^^ ■- , do solemnly declare, that I will
well and faithfully perform my duiy as a Commissioner of Statute Labour for the
township of —in the current year.
2nd, And be it enacted by the authority aforesaid, that each of the township Clerks
of the several and respective townships in the said District shall act as Clerk to the
said Commissioners of Statute Labour, and shall lay before the said Commissioners at
their first meeting in each year,anaccountof the total quantity of Statute Labour avail-
able from the residents in such township, and when the same has been i.llotted, he shad
give or transmit to each of the paihmastcrs therein an account of such and so muck
thereof as falls within each pathmaster's division or range, together with a list of the
names of the persons who are to perform the work, exhibiting the number of days tor
whicli every such person is liable.
3rd. And be it enaclcd by llic authority aforesaid, thalllie first meeting lobe held
by the Commissioners ol Statute Labour shall be ho'.den at the place where the last
township meeting was held in the respective townships, on or before the first day ot
May in each and every year, of which meeting due notice at least eight days previous-
ly thereto shall be given'by the township Cle.k : Provided alwr.ys thatany subsequent
meetings may be held at any place in the township which they niay deem expedient,^
of which due notice shall in like manner be given. , ,. .
4th. And be it enacted bv the authority aforesaid, that it .-hall be in the discretion
of any person or persons liable to perform Statute Labour to commute the same, on or
before the first day of June, in each and every year, at the rate of two shillings and six
pence per day ; all of which Commutation Money shall be p;iid to the Pathmaster, or
Street Surveyor, and shall be by either of them expended within the Section or town
where the said Pathmaster or Street Surveyor has jurisdiction.
5th. And be it enacted by the authority aforesaid, that it shall be the duty of each
township Clerk on or before the tenth day of July in each and every year, to exhibit
to the said Commissioners of Statute Labour an account in writing, shewing the amount
ol money he has in his hands, whether arising from Commutation Money, tines, or
from any other source ; and it shall be the duty of such Commissioners oi Statute La-
bour to expend the same in the improvement of the Roads, Streets, or Bridges, or eith-
er of them, and direct that the cost of the same shall be paid out ol such funds, by the
township Clerk.
6th. And be it enacted by the authority aforesaid, that it shall be theduty of each
and every Pathmaster, and of every Street Surveyor, on or before the twentieth day of
November in each and everv year, to deliver to the Township Clerk for the purpose of
being laid before the said Commissioners of Statute Labour, an account in writing, ex-
hibitinpthe names of the persons liable to perform Statute Labour, within his respec-
tive division, or town, with the number of days each person is liable to work ; and also
how every such person has performed his labour: which return shall be m the follow-
ing form ; that is to say : ___________^_________
,i
RETURN of Statute Labour performed in (Section J\'o. — or Concession -^o.--
in the Township of , or Town of Perth and the twenty-five
acre Lots) in the year 181<
}^cmefof persons liable to perform
Statute Labour in Division No.
— (or tovm of Perth and 25
acre lots.)
No. of days
each person
is bound to
roork.
Per-
formed
Per- \ \ Corn-
formed Re- muted,
in fused AmH.
part.
Observations.
Which said return shall be declared to before some one o the Justices of he
Waco ac fn- in and for tho District of Bathurst, (which Decla;at,on any Justice of the
foacc is hereby a".hori.ed and required to administer i) and which Declarauon shall be
*"*Y!!!!::!!i^?;thm™er;(.K Street Surveyor) of Roa.l division Xo— (or o'
1
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^^
,
! ■^v
(3.)
-or of the Town of Perth and the *25
and particulars, ♦.o the best of my knowledge and belief.
Declared before me at )
this day of 184 )
A. B., J. P.
7th. And be it enacted by theauthoiity aforesaid, that the Commissioners of Sta-
ti'tc Labour for the township of Drummond shall have a separate and distmct jur^dic
ton therein, and over only the rural parts of the said township ; and the Town of Perth
Incllnglhe twenty fivelcre lots, luhough lying and being within the said townslup
of Drummond, .hall be distinct therefrom : an.i the persons, property, and land , lying
and being wiihm the said twenty five acre lots shall be taken and held ^o^ all the pur.
poses of this By-law, to belong to, and to be wilhm the hm.ts «"d l^oundaries^o he saui
town of Perth, over the appropriation, management, and control of tl«e Statute i^a-
bour to be done by the residents therein, the Ccmm..sioners to be appointed therefor
shall have an entire and a like separate jurisdiction. • , *u ,«.u.i
8ih And be it enacted by the authority aforesaid, that a notice, whether verbal
or written, from the Pathmaster or Street Surveyor, delivered personally to any indivi'
dual, Mable to perform Statue Labour, or to the wife, servant, or other domestic of sucb
individual, (such domestic or servant being of the full age of fourteen years,) shal be^
deemed to be a good and sufficient notice to such individual to perform his statute
Labour. Provided always that such notice shall be given at least six days previous to
his being required to perform the same: And Provided also, that such Pathmaster or
Street Survevor shall state the day and place at which he shall require the attendance
of such person, and the description of tool or implement he will reqmre to bring: with-
hi.Ti to aid in the performance of such Statute Labour. ^ , , , a, . . r
9th And be it enacted by the authority aforesaid, that a lawful aay s Statute La-
bour shall be of Eight hours duration, namely, from eight of the clock in the morning to
twelve o'clock noon ;and from one of the clock in the afternoon until five o clock m
lOth.^And be it enacted by the authority aforesaid, that no Statute Labour shall
be done or performed before the first day of June, or after the first day of ^"g"st jn
each year, except for the repair of some Bridge broken down, or where the Public
Highvvay has been destroyed by floods of water, or where the Public Highway has been
obstructed by fallen timber, or bv reason of any other casualty or impediment.
11th. And be it enacted by the authority aforesaid, that it shall and may be law-
ful at any period of the year, for the Pathmaster to call upon any person or persons, or
any number of them, liable to perform Statute Labour, to assist in repairing the Fubhc
Highways so destroyed by such floods of water,or to assist in clearing away any obstrue-
tions which may be occasioned by a wind fall, or to open up the Highvvay which may
be impeded by any casualty whatsoever ; and the labour thus performed by such person
or persons shall be accounted for to each person by the Pathmaster as so much Statute
Labour done and performed, either in the year in which such work is done, if he has
not then performed his Statute Labour, or in the following year, if he has done so ; and
the Pathmaster shall give him a receipt for the doing of such extra work, which receipt
shall be recognized by the Pathmaster's successor. _
12th. And be it enacted by the authority aforesaid, that if at any time during the
period for performing the Statute Labour, it should so happen, that any Pathmaster or
Street Surveyor should be taken sick, or be otherwise disabled, it shall and may be
lawful for such Pathmaster or Street Surveyor to appoint a Deputy to act for him ; but
nevertheless the Pathmaster or Street Surveyor (shall be answerable and responsible fot
the acts of such Deputy..
i
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(4..)
y
13th. And be it enacted by the authority aforesaid, tliat should any person or per-
sons refuse or neglect to do the Statute Labour which may I)ecomc necessary to be
done by reason oftbe occurrence of any casualty as herein before named, he shall bo
liable and subject to the same penalties to which persons are liable for the non-per-
formance of their ordinary Statute Labour; which penalty maybe recovered on the
complaint of the Pathmaster to any Justice of the Petce acting within the District, and
after conviction may be recovered by Warrant of Distress under the hand and seal of
buch Justice of the Peace, against the goods and chaKols of tiie person or j)eraons ne-
glecting or refusing to do such Statute Labour which it may become requisite to do, by
reason of the occurrence of such casualty as aforesaid : eight days previous notice be-
ing given before proceeding to a sale.
14th. And be it enacted by the authority aforesaid, that if any vacancy should oc-
cur in any of the Township offices witliin any township in this District, either by
death, refusal to act, or removal from the township, of the person appointed thereto, it
shall and may be lawful for the Commissioners of Statute Labour, or a mn jority of them,
acting within such township, to appoint fit and proper persons to fill such vacancies,
any law or By-law passed heretofore by this Council at any time to the contrary not-
withstanding.
15th. And be it enacted by the authority aforcaid, that it shall be the dutyof tho
Cemmissioners of Statute Labour now or hereafter to be appointed as aforesaid, and
they are hereby authorised and required (if they shall see it to be necessary) to Com-
pound with any individual or individuals for the performance of his or their Statute La-
bour, for a terra not exceeding Five Years; at the rate, and under the powers contain-
ed in the l3th Section of the Amended Municipal Act 9th Victoria chapter 4'Oth, here-
in before quoted.
R. BELL,
Warden, Biiikursi Disinct.
/
^
A B Y-L A W
TO DEFINE THE DUTIES OF COMMISSIONERS OF STATUTE LABOUR
IN CERTAIN CASES.
Passed 9th February, 184-7.
Be it enacted by the Municipal Council of the District of Bathurst, constituted and
assembled atPerth, by virtue and under the authority oi an Act passed during the first ses-
sion of the first Parliament of Canada, intituled, "An Act to provide for the better inter-
nal Government of that part of this Province which lormerly constituted the Province
of Upper Canada by the establishment of local or Municipal autjiorities therein," and
also under and by virtue of another Act of the Parliament of Canada, made and passed
in the second session of the second Parliament thereof, in the 9th year of the Reign of
Her Majesty Queen Victoria chapter 40, intituled, "An Act to amend the law relr.ting
to District Councils m Upper Canada," and it is hereby enacted by the authority of the
same, that the Commissioners ofStatuteLabournow or hereafter to be appointed by the
Municipal Coancil of the said District of Bathurst, in compounding or agreeing with any
person or persons resident in the township, for which they do respectively act, for ma-
1
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f
i
(6.)
kfng in a permanent and substantial manner any part ofany public Road or bridge
within their respective townships, in lieu of the Statute labour which he orthey may be
reqtiired to perform in the township, for any nuraber of years not exceeding five, shall,
and they are hereby required to commit any such agreement they may so make to
yvriting, which shall he signed by the parties so making such agreement; and thereupou
it shall be binding upon the said Commissioners of Statute labour and their successors, and
the other panics thereto, and upon the due performance of such agreement by the par-
ty or parties thereto, such party or parlies performing the same shall be exempted from
all Statute labour in the township for the full term of time agreed upon.
And be it enacted by the authority aforesaid, that in case any person or persons af-
ter having subscribed to such agreement as aforesaid, shall neglect or refuse to perform
the same in the manner and within the time appointed irv such agreement, he or they
shall be liable to the like penally that persons are by the Act 1st Victoria chapter 21
liable, who refuse or neglect to perform their Statute labour.
And be it enacted by the authority aforesaid, that if it bhall happen that any per-
son or persons shall enter into an agreement with the Commissioners of Statute labour as
aforesaid, and in pursuance of such agreement make a part or the whole of the work re-
quired by such agreement to be made, but upon which a dispute may arise between
the Commissioners of Statute labour making such agreement or their successors, and
the other party or parties thereto, touching the fulfilment and proper performance of such
agreement, such dispute, shall and maybe submitted to three of the Pathmasters act-
?ng in the township for which such Commissioners of Statute labour have been appointed,
and such threePathmasters shall be drawn by a public and impartial ballot from the whole
hst of Pathmasters acting in the township for the year: which ballot shall be made
by the township Clerk, who shall give the contending parties . ac notice of the time and
place where such ballot shall take place, audit shall be the duty of such Township
Clerk to appoint a time and place for the meeting of said Pathmasters so ba)~
lotted, giving them, and also the parties to such dispute at least eight days no-
tice in writing, and thereupon it shall be the duty of such Pathmasters to meet, and af-
ter having had the agreement submitted to them, and after having examined tho
premises, to make such award as to them or a majority of them shall appear just and
rght, which award shall be binding on the parties and be final.
R. BELL,
Warden, Bnthurst Districts
C. Rice, PniNXER.