260 REPORT OF THE No. 3 



improvements; but all persons shall have, during the spring, summer aod 

 autumn freshets, the right to float and transmit saw logs and other timber, 

 rafts or crafts, down all such rivers, creeks or streams, and through and 

 over such constructions and improvements, doing no unnecessary damage 

 to the said constructions and improvements, or to the banks of the said 

 rivers, creeks or streams, subject to the payment to the person who has 

 made such constructions and improvements, of reasonable tolls. 



3. The foregoing sections, and all the rights therein given, and all the 

 provisions therein made and contained, shall extend and apply to all river"?, 

 creeks and streams, mentioned in the first section of this Act, and to all con- 

 structions and improvement made therein or thereon, whether the bed of 

 such river, creek or stream, or the land through which the same runs, has 

 been granted by the Crown or not, and if granted by the Crown, shall be 

 binding upon such grantees, their heirs, executors, administrators and 

 assigns. 



4. The Lieutenant-Governor in Council may fix the amounts which any 

 person entitled to tolls under this Act shall be at liberty to charge on the 

 saw logs and different kinds of timber, rafts or crafts, and may from time 

 to time vary the same; and the Lieutenant-Governor in Council, in fixing 

 such tolls, shall have regard to and take into consideration the original cost 

 of such constructions and improvements, the amount required to maintain 

 the same, and to cover interest upon the original cost, as well as such other 

 matters as Under all circumstances may, to the Lieutenant-Governor in 

 Council, seem just and equitable. 



5. The foregoing provisions of this Act shall apply to all such construc- 

 tions and improvements as may hitherto have been made, as well as to such 

 as may be in course of construction, or shall hereafter be constructed. 



6. Every person entitled to tolls under this Act shall have a lien upon 

 the saw logs or other timber passing through or over such constructions or 

 improvements, for the amount of such tolls, such lien to rank next after 

 the lien (if any) which the Crown has for dues in respect to such logs or 

 timber, and if such tolls are not paid, any Justice of the Peace having jur- 

 isdiction within or adjoining the locality in which such constructions or 

 improvements are, shall, upon the oath of the owner of such constructions 

 or improvements, or upon the oath of his agent, that the just tolls have not 

 been paid, issue a warrant for the seizure of such logs or timber, or so much 

 thereof as will be sufficient to satisfy the tolls, which warrant shall be 

 directed to any constable, or any person sworn in as a special constable for 

 that purpose, at the discretion of the magistrate, and shall authorize the 

 person to whom it is directed, if the tolls are not paid within fourteen days 

 from the date thereof, to sell, subject to the lien of the Crown (if any) for 

 dues, the said logs or timber, and out of the proceeds to pay such tolls, 

 together with the costs of the warrant and sale, rendering the surplus on 

 demand to the owner : Provided always that the authority to issue such 

 warrant by such Justice of the Peace shall not exist after the expiration 

 of one month from the time of passage of such logs or timber through or 

 o^e^ any of such constructions or improvements. 



7. Nothing in this Act contained shall be construed as interfering with 

 the powers or rights of any company formed under the Act respecting Joint 

 Stock Companies, for the construction of works to facilitate the transmis- 

 sion of timber down rivers and streams, being chapter one hundred and 

 fifty-three of the Revised Statutes of Ontario, or with mill-dams, or the 

 right to erect and maintain mill dams on streams; and the law respecting 

 mills and mill-dams being chapter one hundred and thirteen of the Revised 



