1907 DEPARTMENT OF LANDS, FORESTS AND MINES. 269 



so in proportion to the height, where, the width of the stream will admit of 

 it, and where such stream or dam is less than fifteen feet wide, the whole 

 dam shall be aproned in a like manner, with the same inclined plane." 



This Act was amended by an Act of the Canadian Parliament in 1849, 

 The most important section of this later measure is the following, defining 

 the right of the public to use streams for floating timber : 



Floatable Streams Common to all. 



"And be it enacted, that it shall be lawful for all persons to float saw 

 Jogs and other Timber, Rafts and Craft down all streams in Upper Canada, 

 during the Spring, Summer and Autumn freshets, and that no person shall 

 by felling trees or placing any other obstruction in or across such stream 

 prevent the passage thereof. Provided always that no person using such 

 stream, in manner and for the purposes aforesaid, shall alter, injure or 

 destroy, any Dam or other useful erection in or upon the bed of or across 

 any such stream, or to do any unnecessary damage thereto or on the Banks 

 of such Stream. Provided there shall be a convenient Apron, Slides, Gate, 

 Lock, or opening in any such Dam or other structure, made for the passage 

 of all Saw logs and other Timber, Rafts and Crafts authorized to be floated 

 down such streams as aforesaid." 



The Act of 1849 was sufficiently clear as to the right of the public to 

 use "floatable" streams, but left untouched the point as to whether streams 

 which required improvements to make them available for floating timber 

 could be used for that purpose by anyone other than the owner, and if so, 

 on what terms. The "Act for Protecting the Public Interest in Rivers, 

 Streams and Creeks," first adopted in 1881 as the outcome of the McLaren 

 vs. Caldwell controversy, reads as follows : 



The Streams Bill of 1881, 



1. So far as the Legislature of Ontario has authority, all persons shall, 

 subject to the provisions of this Act contained, have, and are hereby declared 

 always to have had, during the spring, summer and autumn freshets, tfie 

 right to and may float and transmit saw logs and all other timber of every 

 kind, and all rafts and crafts, down all rivers,- creeks and streams in resDect 

 of which the Legislature of Ontario has authority to give this power and 

 in case it may be necessary to remove any obstruction from such river, 

 creek or stream, or construct any apron, dam, slide, gate-lock, boom, or 

 other work therein or thereon, necessary to facilitate the floating and trans- 

 mitting such saw logs and other timber, rafts or crafts, then it shall be law- 

 ful for the person requiring so to float and transmit such saw logs and other 

 timber, rafts and crafts, and it is hereby declared always to have been 

 lawful, to remove such obstruction, and to construct such apron, dam, !?lid&, 

 gate-lock, boom or other work necessary for the purposes aforesaid, d3ing 

 no unnecessary damage to the said river, creek or stream, or to the banks 

 thereof. 



2. In case any person shall construct in or upon such river, creek, or 

 stream, any apron, dam, slide, gate-lock, boom or other work, necessary 

 to facilitate the floating or transmission of saw logs or other timber, rafts, 

 or crafts, down any such river, creek or stream, which was not navigable 

 or floatable before such improvements were made, or shall blast rocks, or 

 remove shoals or other impediments, or otherwise improve the floatability 

 of such river, creek or stream, such person shall not have the exclusive 

 right to the use of such river, creek or stream, or to such constructions and 



