LEGAL DEPARTMENT. 645 



pay for the services rendered up to the time of the termination of the 

 services, and, in case of death, personal representatives of the laborer are 

 entitled to reco\'er from the employer what the services were reasonably 

 worth. 



BOUNDARIES AND FENCES. 



Under the laws of Ontario, every conveyance of land must be in writ- 

 ing, and this conveyance should accurately describe the land intended to 

 be conveyed, so that its boundaries from the deed may be correctly de- 

 termined, and so clear and comprehensive that the parcel conveyed may 

 be distinguished and separated from all other land. If the description is 

 hopelessly uncertain, the conveyance will be void, and no title will pass. 

 The boundaries are usually determined by monuments, courses, distance, 

 and quantity of land conveyed. The monuments will control courses 

 and distances, and courses and distances will control the quantity of land. 

 This, however, is not the invariable rule ; natural monuments, naturally 

 permanent, are the most reliable, such as trees, streams, ponds and 

 lakes, beaches and shores, and also walls, fences, streets, and highways 

 are regarded as reliable monuments. FrequentU' an adjoining farm is 

 referred to as a monument in the description of the land conveyed, and 

 monuments consisting of stakes and stones, when placed, will control 

 courses and distances. 



The general rule is where land is described as bounded by a stream 

 which is non-navigable, the center of the stream is the line, and when 

 described and bounded on the bank or the shore of the stream, then the 

 bank or shore is the boundary. If the stream is navigable, in which the 

 tide ebbs and flows, the boundary is high-water mark on the shore. In 

 those places in which there are large navigable rivers in which the tide 

 does not ebb and flow, the boundary line is held to be low-water mark ; 

 in either case the upland proprietor has a right as appurtenant to his land 

 to erect wharves and piers extending to low-water mark, or into the 

 channel of the stream, subject to the supervision of the government for 

 the benefit of the public, and as an appurtenance to said lands, the owner 

 has a right to a passageway to and from the main channel of the river. 

 Lands bounded by arms of the sea run only to high-water mark. Where 

 land is bounded by a highway or street, where the crown or municipality 

 does not own the bed of the road and the description in the deed is 

 "bounded on," "running along," "bounded by the highway," and 

 the like, the boundary line is the center of the highway. If the land is 

 described as bounded by the side of the street, or if there are words in 

 the description indicating an intent to exclude the soil of the street, 

 then the near edge of the roadway will be the boundary. If a highway 

 is referred to as the boundary, the actual line, as the road is laid out, will 

 be taken as the true line of the street. In Ontario highways are vested 

 in the crown or municipality. 



