646 LEGAL DEPARTMENT. 



Where the boundary lines are made certain they control the distance, 

 directions, and contents of the piece of land, unless there are discrepancies 

 in the deed so great as to show fraud on one part or the other, or mistake. 

 Parol evidence cannot be given to contradict a deed. 



At the close of the description it is usual to add, ' ' be the same more 

 or less," which is intended to protect the grantor in case the land con- 

 veyed should be less than the quantity specified, but this will be no pro- 

 tection where fraud or mistake can be shown with reference to the 

 quantity of land intended to be conveyed. 



In the Province of Ontario it. is provided by statute that where two or 

 more persons have land adjoining, each of them shall make and maintain 

 a just proportion of the fence which marks the boundary between them. 

 In case of dispute between owners respecting such proportion the follow- 

 ing proceedings shall be adopted: — 



Either owner may notify the other owner or the occupant of the land 

 of the owner so to be notified that he will in not less than one week from 

 the service of such notice cause three fence viewers of the locality to 

 arbitrate in the premises. The owners so notified shall also notify the 

 fence viewers not less than one week before their services are required. 



The notices in both cases shall be in writing, signed by the person 

 notifying, and shall specify the time and place of meeting for the arbi- 

 tration, and may be served by leaving the same at the place of abode of 

 such owner or occupant, with some grown up person residing thereon, or, 

 in case of the lands being untenanted, by leaving the notice with any 

 agent of such owner. An occupant who is not the owner so notified, 

 shall immediately notify the owner, and, if he neglects so to do, shall be 

 liable for all damage caused to the owner by such neglect. The owners 

 notified may within a week object to any or all of the fence viewers noti- 

 fied, and in case of disagreement the County judge shall name the fence 

 viewers who are to arbitrate. 



The fence viewers shall examine the premises, and, if required by 

 either party, shall hear evidence, and may examine under oath the 

 parties and their witnesses, and shall make an award signed by any two 

 of them, which award shall specify the locality, quantity, description, and 

 the lowest price of the fence it orders to be made, and the time in which 

 the work shall be done, and shall state by which of the said parties the 

 cost of said proceedings shall be paid, or in what proportion the same 

 shall be paid. In making the award the fence viewers shall regard the 

 nature of the fences in use in the locality, the pecuniary circumstances of 

 the persons between whom they arbitrate, and generally the suitableness 

 of the fence ordered to the wants of each party. Where, from the forma- 

 tion of the ground by reason of streams or other cause, it is found im- 

 possible to locate the fence upon the line between the parties, it shall be 

 lawful for the fence viewers to locate the said fence either wholly or par- 

 tially on the land of either of the said parties where to thean it seems to be 



