York University, Osgoode Hall Law School

Ontario

Ontario: Revised Statutes1950c 407 Vendors and Purchasers ActOntario© Queen's Printer for Ontario, 1950Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/rsoThis Statutes is brought to you for free and open access by the Statutes at Osgoode Digital Commons. It has been accepted for inclusion in Ontario:Revised Statutes by an authorized administrator of Osgoode Digital Commons.Bibliographic CitationVendors and Purchasers Act, RSO 1950, c 407Repository CitationOntario (1950) "c 407 Vendors and Purchasers Act," Ontario: Revised Statutes: Vol. 1950: Iss. 4, Article 95.Available at: http://digitalcommons.osgoode.yorku.ca/rso/vol1950/iss4/95VENDORS AND PURCHASERS Chap. 407 1133CHAPTER 407The Vendors and Purchasers Act1. In the completion of a contract of sale of land the rights Rights ofand obHgations of the vendor and the purchaser shall, subject purchas^^to any stipulation to the contrary in the contract, be regulated o" ^16*0?*^*^by the following rules: lands.(a) Recitals, statements and descriptions of facts, mat- Recitals, etc..^ ^, . . , .^, 1 .20 years old,ters and parties contained in statutes, deeds, mstru-of facts, etc.,ments or statutory declarations 20 years old at the^^ident^^date of the contract, unless and except in so far asthey are proved to be inaccurate, shall be sufficientevidence of the truth of such facts, matters anddescriptions.(b) A registered memorial of a discharged mortgage shall ^^^°"^^be sufficient evidence of the mortgage without the charged, . , , 11 • mortgages.production of the mortgage, unless and except in sofar as the memorial is proved to be inaccurate, andthe vendor shall not be bound to produce the mort-gage unless it is in his possession or power.(c) A registered memorial 20 years old of any other Memorialsinstrument, if the memorial purports to be executed when, and ofby the grantor, or in other cases if possession has evidence.been consistent with the registered title, shall besufficient evidence without the production of theinstrument to which the memorial relates, unlessand except in so far as the memorial is proved to beinaccurate, and the vendor shall not be bound toproduce the original instrument unless it is in hispossession or power, and the memorial shall be pre-sumed to contain all the material contents of theinstrument to which it relates.(d) The inability of the vendor to furnish the purchaser inability towith a legal covenant to produce and furnish copies nant to pro-of documents of title, shall not be an objection to the fu^^is^ifdocu-title if the purchaser will, on the completion of the^^®j^*^°^contract, have an equitable right to the productionof such documents. R.S.O. 1937, c. 168, s. 1.2. In an action it shall not be necessary to produce any Evidence inevidence which by section 1 is dispensed with as betweenactions.1134 Chap. 407 vendors and purchasersvendor and purchaser, and the evidence therein declared tobe sufficient as between vendor and purchaser shall primafacie be sufficient for the purp)oses of the action. R.S.O. 1937,c. 168, s. 2.Summary 3. A vendor or purchaser of real or leasehold estate or hisapplications .^. % e •to Supreme representative may, at any time and from time to time, applyin respect to in a summary way to the Supreme Court or a judge thereofotyection"or i" respect of any requisition or objection or any claim fortio'n.'^Bt"^compensation, or any other question arising out of or con-nected with the contract, except a question affecting theexistence or validity of the contract, and the court or judgemay make such order upon the application as appears just,and refer any question to a master or other officer for inquiryand report. R.S.O. 1937, c. 168, s. 3.ambient of ^' ^very contract for the sale and purchase of land shall,sale and unless Otherwise stipulated, be deemed to provide that,purchase. r- » t-(a) the vendor shall not be bound to produce anyabstract of title, deed, copies of deeds or otherevidence of title except such as are in his possessionor control;, {h) the purchaser shall search the title at his own expenseand shall make his objections thereto in writingwithin 30 days from the making of the contract;(c) the vendor shall have 30 days in which to remove anyobjection made to the title, but if he is unable orunwilling to remove any objection which the pur-chaser is not willing to waive, he may cancel thecontract and return any deposit made but shall notbe otherwise liable to the purchaser;{d) taxes, local improvement rates, insurance premiums,rents and interest, shall be adjusted as at the dateof closing;{e) the conveyance shall be prepared by the vendor andthe mortgage, if any, by the purchaser and thepurchaser shall bear the expense of registration ofthe deed and the vendor shall bear the exF)ense ofthe registration of the mortgage if any;(/) the purchaser shall be entitled to possession or thereceipt of rents and profits ujx)n the closing of thetransaction. R.S.O. 1937, c. 168, s. 4.

English

c 407 Vendors and Purchasers Act

Ontario: Revised Statutes1927c 143 Short Forms of Conveyances ActOntario© Queen's Printer for Ontario, 1927Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/rsoThis Statutes is brought to you for free and open access by the Statutes at Osgoode Digital Commons. It has been accepted for inclusion in Ontario:Revised Statutes by an authorized administrator of Osgoode Digital Commons.Bibliographic CitationShort Forms of Conveyances Act , RSO 1927, c 143Repository CitationOntario (1927) "c 143 Short Forms of Conveyances Act," Ontario: Revised Statutes: Vol. 1927: Iss. 2, Article 16.Available at: http://digitalcommons.osgoode.yorku.ca/rso/vol1927/iss2/16Sec. 3 (4). SHOUT FOK~IS Qt' co"n:Y,\XCES.CHAPTER 143.Chap. 14:1. 1437The Short Farms of Conveyances Act.1. In this 1\Ct, Intcrl'reta-lion.(a) "IJillld" shall include freehold tenements and "Lnn,I."hereditaments. whether cOl'porcnI or incorporeal,fmel any undi\'idcd part 01" share therein;(b) "Party" and" Parties" shall include a body politic "Parl)':or COl'paralo, as well liS nn indiyidual. R.S.O.HU4, c. l];j, s. 2.2. When! II deed of land mndc llccordiJl~ to the fOrlll sct f:rteClofforth in Schedule A, or ally other dcee! of land expressed tO~~~rdi':-:~"IObo, made in pursuance of tit is Act or r;fclTi.ng t.hereto can- ~~a·:O~~"l,\talns any of the forms of \\'ords contailled III Columll OnC<lfSche·of Schedule B. and distinguished by allY llumbcr therein, dule II.such deed shall havc the samc effect as if it contained theform of words in Column '1'wo of Schedule B, distinf!llishedby the same Humber as is anllexed to the form of \\'01'(1" usellill such dced; but it shall not be necessary, in ally such deed,to illsel't any such number. H.S,O. H1l4, c, 115, s, 3.3.-(1) Parties who usc ally of the forllls 1lI the first l·nrti~lm.)·column of Sc1le{lule B Illfly substitute fOl' the words ~~~~~l~~~"Ol'antol''' 01" "01'1lt1lce" 1l1lY Jlallle ai' other desiglJat.ion, ::~~~~:~;::."Talld ill c\"el'Y such case a correspolulillg' substitution shall bctaken to be madc in the eorrespondillg' fonll ill the secondeolullIll.(2) Such partics Illay substitute the femininc gcnder for )tnyoub.'l~·I . . I" Hne femllllnetiC mascnllllc, ai' the plurallllllllbcr for Ill' slllg'lllal·. ttl anyform....d;neof the fOl'tllS in the fit'st colulnll, lIlld COl'!'CSllOlldillg chan....cs"rplur.llor'" "nrUlHshall bc takcn to bc madc ill thc eorl'espomlitlg forms 1l\ thesecond colullln.p) Such plll,ties llIay illtroduee inlo. at' annex to, allY of .\(oy i~l...,d"eethe forms in the first column allY exprcss exceptions from, ,·~eephQns.or olhel' express (IUaHfieations thcl'cof respectively. and thelike cxceptions or fillfilifications shall be taken 10 be madefrom or in the eOl'l'espollding forms ill the second eolumll.(4) Such parties may add lhe /lallle or other desigliatioll)IRYRddof all)' persoll or PCI'SOIlS, QI' class ai' classes of pcrsons, or d~~;,~:,'iQn•.any other words at the cnrl of form two of the first eolull1n,1438 Chap. 143. snORT FOIIMS m' CO:"'\'EYh!\"CP.S. Sec. 3 (4).F.lre<,! 01deeth failingto uke effect\lndor thisAct.so as thereby to extend the words thereof to the acts of anyadditional person or persons, or class or clas.<;cs of persons,or of all perSOIlS wlJomsoCYeI"; and in every such case thecovenants 2, 3 and 4, or such of them as may be emplo)'cd inrmeh deed, shall be taken to extend to the acts of the person01' persons, class or classes of persons so llamcd. RS.O. ]914,c. ]l5, s. 4.4. Any deed 01" pal"t of a df'cd which fails to take effectby virtue of this Act shall, nevertheless, be as effectual to bindthe parties thereto as if this Act had not been passed. R.S.O.]!J)4, c. ll5, s. 5.[SfC also J'!te C01l11eya7lci1lf} and La.l1J 0/ Property A.et,Hcv. Sl(lt. c. 137, s. N.]SCITEDUT.JE A.Thb Indenture made the day ot , one thousandnine hundred and In pursurance ot The Short Form$ 01Conveyauces Act. Between (here in$CTt nanws oj parties anarecitals. if anu), Witnesseth, that In consideration ofnow paid by the said (or(lntee)to the said (grantor) the receipt whereof Is hereb)' by him acknow.ledged. he the said (grall/a!") doth grant unto the said (grantee)In fee simple (or otl,crlDise as t}le case may be) all, etc., (parcels)(lfel'c illser/ covcnants. or Gnu Other provisions.)In witness whereof the said parlles hereto have hereunto settheir hands and seals.RS.O. 1914, c. 115, Sciled. "A."SCHEDULE B.COLU::\[N ONE. COLUMN TWO.1 T Ii e sa i d 1. And the said grantor doth hereby, tor him·• < self, hls heirs, executors and administrators,grantor covenants covenant. promise and agree. with and to thewit h the sa i d said grantee. his heirs. executors. adminlstra·g rantee. tors and assigns, In manner foUowlng, that isto say;') That he has 2. That tor and notwithstanding any act,-'.' <. deed, matter or thing by the said grantor done,the rlg!lt to convey executed. committed. or knowingly or wlHullyfhe s:I](l lands to permitted or suffered to the contrary, he. thethe said grnntcesald grantor, now hath In himself good right,t . tl t \" (ul1 power and absolute authority to conveyII 0 WI 18:11l( mg the said lands, and other the premlse5 hereby:Iny net of thCconveyed, or Intended 80 to be, with theirMid grantor. and e\'ery at their appurtenances, unto tbesaid grantee, In manner a(oresald, and accord·Ing to the true Intent of these present.s.'che 1. ' B.. 'UOR'!' ~'OR;l1 OF CON\,EYA C£ . Chap. 143. 1439TJ ~1 TOE. OL l\!!' T O.~.aidhaysionlandAnd that thc 3. And t~at it. shall h lawful for. the saidb 11 grantee, Ills heIr, executors, admmlstrators""rantec a and assigns, from time to time and at allqui t po es- time hereafter, pea eably and quietly to enterof the said upon, have, hold, occupy, possess and enjoythe said land and premises hereby conveyed,or intended so to be, WlUl their and every oftheir appurtenances; and to have, re eive andtake the rents, issues and profit thereof, andof every part thereof to and for his and theiruse and benefit, without any let, suit, trouble,denial, eviction, interruption, claim or demandwhatsoever of, from or by him the saidgrantor, or his heirs, or any person claimingor to claim, by, from, under or in trust forhim, them or any of them.4. Free from all 4, And that ~ree and clear and freely and. absolutely acquItted, exonerated and for ever1I1cumbrance . discharged or otherwise by the said grantoror his heirs wen and sufficiently saved, keptharmless and indemnified of, from and againstany and every former and other gift, grant,bargain, sale, jointure, dower, use, tru t, en-tail, will, statute, recognizance, judgment, ex-ecution, extent, rent, annuity, forfeiture, re-entry, and any and every other estate, title,charge, trouble and incumberan e whatsoever,made, executed, occasioned or suffered by thesaid grantor or his heirs, or by any personclaiming, or to claim, by, from, under or intrust for him, them or any of them.. \lId the aid 5. And the said grantor doth hereby, for.... t himself, his heirs, executors and administra-r~n or coyena~t tors, covenant, promise, and agree with andWJtb the a I d to the said grantee, his heirs, executors, ad-grantce that h e minlstrators and assigns, th~t he the saidwill execute ucb grantor, his heirs, executors and adminis-f th . trators, and an and every other person who-ur I' ~ . ul'ancessoever having or claiming, or who han or mayof the aid lands a hereafter have or claim, any estate, right,may be requisite. title or interest whatsoever In, to, or out ofthe said lands and premises hereby conveyed,or intended 0 to be, or any of them, 01' anypart thereof, by, from, under or in trust forhim, them, or any of them, shall and win,from time to time, and at an times hereafter,upon every reasonable request, and at thecosts and charges of the aid grantee, hisheirs, executors, administrators or assigns,make, do, execute, 01' cause to be made, doneor executed, an such further and olher lawfulacts, deeds, things, devices, conveyaAces andassurances In the law whatsoever, for th bel-tel' more perfe tly, and absolutely conveyingand assuring the said lands and premls her-by conveyed, or intended so to be, and everypart thereof, wilh their appurlenan es, unlothe said grantee, his heirs, execulors, admln·istrator and assigns, in manner aforesaid asby the said grantee, hi heirs, executors, ad-ministrators or assign ", his or their counsel inthe law shan be reasonably devised, advisedor required, 0 as no u h further assuranc sChap. 143. SIlOR'r ~'mD1S OF co:-:n:\',\XCt:s. Sehed." B,"COLUMN ONE. COJ~UMN TWO.contain or imply any further or other cove.nant or warrant)' than against the acts anddeeds of the person who shall be required tomake or execute the same, and his heirs, exe,eutors or administrators only, and 80 as noperson who shall be required to make or exe·cute such assurances shall be compellable forthe making or executing thereof. to go ortravel from ills usual place of aiJode.G. And the said 6, And the said grantor 1I0th hereb)', forgrantOI' CO\'ellalltS bhnself, his heirs, executors and admlnlStra·. . tors, con'nant, promise ami agree with anll towit h t 11 e s a I d the said grantee, his heirs, executors, admin.gl'alltee Illat Il e Istrators and assigns, Ulat the said grantorwill produce theantl his Ilelrs shall and will, uuless preventedtitle dced' e u by fire or other Inevitable accident, from limois Il me- to time, and at all times hereafter, at therated hereunder, request. costs and charges of the said grantee,amI allow copies to his heirs, executors, administrators or assigns,be made of them or his or their solicitor, agent or counsel. at1 'any trial or hearing in any action or otherwise,at t Ie expense of as occasion shall require, produce all and everythe snid gl'anlee. or an)' d.eed, Instrument or writing hereunderwrlUell, for the manifestation, ddence andsupport of the estate, title and pos1!esslon ofthe said grantee, his heirs, executors, admlnlS·trators and asslgus, In or to the said lands andpremises hereby cOI1\'eyed, or Intended so tobe, and at the like request, costs and charges,shall and will make and deliver, or cause tobe made anti delivered, true anll atte~ted orother COllies or abstracts of the snme deeds,lustruments and writings respect[\'ely, or anyof them, and shall and will )lermlt and suffersuch copies and abstracts to be examined andoompared with tlle said original deeds, by thesaid grantee, his heirs, executor~, admlnlstra·tors, or assigns, or such person as he or theYshall for that purpose (\lreet and appoint.- \ I I "I 7, And the said grantor, for illmself, hisI. J IJ( t Ie sal( heirs, executors and atlmlnlstrators, doth here,gTl111!OI' CO,\'Cllallts by covenant, promise and agree, with and to\\. i t h tit e sa i d the snld grantee, his heirs, executors, admin·"!'ll1l!ee that he hnslMralors and assigns, that he hath not at"I . nn)· lime heretofore made, done, committed,(Olle 110 aet to Ill-executed, or wilfully 01' knowingly sulferedcumbcr the snidallY act, deed, matter or thing whatsoever,lantls. whereby or by means whereof the said landsand premises hereby oon\"e)'ed, or Intended soto be, or any part or llareel thereof are, Is orshall or may be In an}<wlse Impeached, charged,arrected or Incumbered In title, estate or other·wise howsoever.8 \ I h "d 8, And Ute ljald grantor hath released, re,, J IU t C sal mlsed and [or eHlf qultlell claim, and by these~l'antOI" releases to presents doth release, remise and for everthe said grantee all quit clnlm, unto the s..... ld grantee, his helr8,his claims upon the executors, administrators and assigns, all, and. all manner of right, title, Interest, claim and:~alll lands, demanll whatsoever, In, to and out of the saidlands and premllies hereby granted, or Intended:lO to be, ami e\'ery part allt! parcel thereof,Iwd... IJ... 'HORT FOR~IS OF' ·ON\·!;i"ANCES. 'hap. 4:3.. 1441COL iN TWO.so as that neither he nor his heirs. executors,admin istrators or as igns hall nor may, at anytime hereafter, have claim. pretend to, hal·lenge or demand the said lands and premisesor any part thereof. in any manner howsoever,but the aid grantee, his heirs, executors, ad·ministrators and assigns. and the same landsand premises shall from henceforth foreverhereafter be exonerated and discharged of andfrom all claims and demands whatsoever whichthe said grantor migbt or could have upon himin respect of the said land, or upon the saidlands.. 9. And the said wife of the aid grantor9. And the aid for and in consideration of the um of onewife of the aid dollar of lawful money of anada. to her in~I'alltor hereby han? paid hy t~e said grantee at or before thebar. her dower in sealIng and del~very of these presents. the re-. ceipt whereof IS hereby acknowledged. hathth ..;al<l lands. granted and released, and by these pre entsdoth gl'ant and release unto the said grantee.his heirs, executors, administrators and as-signs, all her dower and right and title which,in tbe event of her urviving bel' said bu band.she might or would have to dower, in. to orout of the lands and premises hereby conveye(!or intended so to be.R. .0.1!H4.. 1]:) •'chel. B."~.'. :I.1.:

c 143 Short Forms of Conveyances Act

Ontario: Revised Statutes1914c 272 Special Classes ActOntario© Queen's Printer for Ontario, 1914Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/rsoThis Statutes is brought to you for free and open access by the Statutes at Osgoode Digital Commons. It has been accepted for inclusion in Ontario:Revised Statutes by an authorized administrator of Osgoode Digital Commons.Bibliographic CitationSpecial Classes Act, RSO 1914, c 272Repository CitationOntario (1914) "c 272 Special Classes Act," Ontario: Revised Statutes: Vol. 1914: Iss. 2, Article 102.Available at: http://digitalcommons.osgoode.yorku.ca/rso/vol1914/iss2/1023410 Chap. 2i2. SPECIAL CLASS~.CHAPTER 272.Sec. 1.~borl titl.,i::.tabll.".8,.nt of'~c1'1cl,,"" lorb.ek....dor d.lccti~.child.,",How.d,,,lulonoblailled.~ledlc.1'n.pecHaD-,Pnt, otSch<>o]IJn.rd, ..10 h••hh.nd IteM_ment 01cbild.An Act respecting Special CJasse~.H I:::i ~IAJ.E:::i'!'Y. uy and wit.h the advice and COllSCllt o[the Legislative Assembly of the Province of Ontariu,enacts as follows:-1. This Act may be cited as 7'he Special Clas3es Act..2. The board of education or the board of public schooltrustees or the board of separate school trustees of any citymay establish and conduct in connection with any schoolbuilding or in a separate school building provided for thatpurpose special classes for children(a) who are backward or abnormally slow in learning;(b) who from physical or mental causes require specialtraining and cducation;and subject to the regulations made by the Minister of Bdn·cation may cause a. rcgi.slcr of such childrcn to be made anelmay provide tcachcrs and suitable appliances, books andfurniture for such classes. 1 Geo. V. c. 78, s. 1.:3. Childrcn may bc admitted to such special classes uponthe application of their parents or· guardians and upon thl!report of the Inspector and the principal of any school alwhich they are in attendance. 1 Geo. V. c. 78, II. 2.4. Thc board may provide for medical inspection b;\' aduly qualified medical practitioncr of the children sttcndiu-gspecial classcs, and upon the recommendation of the mcdicalinspector may providc for medical treabllcnt being given toany child who appears to the mcdical inspector to requirethc same and whose parents are unablc froUl povcrty or othrrcause to provide adequately for thc treatment of the child.1 Goo. V. c. 78, s. 3.r,. It shall bc the duty of a boar(l which has establishedspecial clnsses under this Act to provide for the proper super-vision of the health nnd trentment of every child attendingII. specinl class, nnd for this purpose to (Iircct the medicalinspector or sllch officer as the board rna.... appoint to visitthc chil(lren in their homes nnd to COllsnlt nnd advise withthe parents of the ehilclrcn as to their treatment in thcirhomes and lllC conditions which will best enable the childrenec. 8. SPECl.AL CLASSES. Chap. 272. ;3·!l1to attain a normal degree of intelligence and education. 1 Geo.V. c. 78, s. 4.6. Subject to the approval of the Minister the board may peelalprovide a special course of study for children attending the c~~~~s 01special classes established under this Act. 1 Qco. V. c. 78,s. 5.7: The Minister of Education may from timc to time make DeparunellllllRegulations for the administration and enforcement of this regulaUons.Act and for the establishment, organization, government andexamination and inspection of special classes and for pre-scribing the accommodation and equipment of school roomsor buildings and the arrangement of school premis('s forspecial classes. 1 QeD. V. c. 78, s. 6.8. Subject to the Regulations the 1finister shall annually ;~~~~rtl~n.apportion among the special elasses all sums of money appro- "Peel,,?priated as ~ special grant therefor. 1 Geo. V. c. 78, s. 7. ~'r8nt.

c 272 Special Classes Act

Ontario: Revised Statutes1927c 183 Fatal Accidents ActOntario© Queen's Printer for Ontario, 1927Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/rsoThis Statutes is brought to you for free and open access by the Statutes at Osgoode Digital Commons. It has been accepted for inclusion in Ontario:Revised Statutes by an authorized administrator of Osgoode Digital Commons.Bibliographic CitationFatal Accidents Act , RSO 1927, c 183Repository CitationOntario (1927) "c 183 Fatal Accidents Act," Ontario: Revised Statutes: Vol. 1927: Iss. 2, Article 56.Available at: http://digitalcommons.osgoode.yorku.ca/rso/vol1927/iss2/561902 Chap. 18a. CO.m'.E.'>SATION .'OR .'0\1',\L ACCIDENTS.CHAPTER 183.The Fatal Accidents Act.Sec. 1.Inlerpreta,lion."Child:'"Puent."I,iability fordamal:cawhere deathcaused by""rOUl:'1,,1 acl.nClleet. orddault.For ,,·ho$obeneflt ..ndIn ... bOH"arne aclion'0 "brought.Apro,tio,,·menloA••e••men!of damages,inlurancepremium••lIow moneymay be paidinlo court.1. In this Act,(a) "Child" shall include son, danghtcl', gnllldson,granddaughter, stepson, stepdaughter, adoptedchild, and 11 perSOll to whom the deceased stoodin loco parentis;(b) "I'al'cnt" shall include fathel', mother, grandfather,grandmother, stepfather, stepmother, II person whoadopted a child, and a person who stood in locoparent-is to the deceased. R.S.O. 1!H4, c. 151, s. 2.2. Wherc the death of a perSOIl has been caused by s11ch\l'rollg-ful act, ncs-lcct at· dcfault, as, if dcath had not ensucd,would ha\"e entitled the person injurcd to maintain an actionand I'CCO\'er dam.1g'es in l'cspeet thcrcof, the pcrson who wouldha\'C been liable, if death had not ensued, shall bc liablc to anaction fol' dam:lges, notwithstanding' the death of thc personinjurcd, and althou;::,h the death was cllnsed under circum-stances amounthlg ill law to cillpable homicide. u.s.a. 1914,c. 151, s. 3.3.-(1) E\'ery such action shall bc for thc bellcfit of thewife, 11l1sband, parent and child of the person whose deathwas so causcd, and except as hereinafter provided shall bebrought by and ill t.he name of the execut.or or administratorof thc deceased, and ill e\'ery such action stich damages maybe awarded as are propo(·tioned to t.he injury resulting fromsuch death to the persolls rcspectivcly for wholll and for whoscbcnefit sneh action is brought; and the amount so recovered,after deducting' the costs not rcco\"ere<l from the defendant,shall be divided amongst the bcforementiOllcd pcrsons in suchshares as may be determined at the trial. RS.O. 1914, e. 151,,.4(1).(2) III Rsscssing the damages in any action there shall notbe taken into aceount any sum paid or payable on the deathof the dceeased or any futul'e prcmiums payable under anycontmet of nsBlIl'ancc 01' insurance. RS.O. 1914, c. 151, s. 4(2), part.4. 'rhc defcndant may pay into comt OIlC sum of money ascompensation for his wrongful act, neglect or default, to allpersons entitled 10 such compensation withont specifying theshares into which it is to be divided. n.s.o. H14, c. 151, s. 5,Sec. 9. C01IN;l\"S,\TIO:-- FOlt ~',\T.\l, AccmEKTS. Chap, 183. 19035. Not 1Il0.I·e thall OllC action slH~lIlie for allll ill respect. of~,,"I;~Zl:i~nthe sallie subJect matter of complaillt; and cvcry sneh nctlOnlnr lhe U"'eshall be commenced within twelve months aftel' the dcath of caua•.the deceased and 1I0t afterwards. ItS.O. l!)B, e. 151. S, 6,Lim;lation.6.-(1) The plailltilf shall, in his statement of claim, sctl'articularoforth the persolls for whom amI all whose behalf the action is ~~i':,.7:~.bl·ought.(2) Thel'e shall be filed with thc st:ltemcllt of clnim anP,oofaslOaffida\'it b:-' the plnintiff in which IJC shall state that to the bcst~:m~;.of his knowledge, information aml belief the pel'sons on whosebehalf the actiOIl is hrought :IS set forth in the statement ofelaim are the only persons elltitled or wllO claim to be ell-titled to the benefit thereof.(3) The eoul't ill which the netion is broll~ht 01' tl. judge Di.""n.in",thereof, jf of opinion that there is II sufficicnt reason for doing with prnof.so, may dispensc with the filing of the affidavit, RS.O. 1914,c. 151, s. 7, part.7.-(1) If there is 110 executor 01' administrator of the de- When aClioneeased, or thel'e being such exceutor 01' admillistl'atOl', no sueh b;~~~hl hyactiOll is, within six months aftel·. tJ.lC death of thc (~ecell;;ed, I::~~ft~!allybrought by such executor or admllllst1'1ltol', slleh actIOn mayinlcr"led.be brought by all or any of the pcrsons 1'01' whose benefit theactioll would have been if it had been brought by such executol'or administrator.(2) Eyery aetioll so brought shall be for tlle benefit of the Rro;ulftlinnld I II b b ' I I' Iftndproced.same perSOIlS, an s HI e su Jcct to t Ie 8.1.me regu allons an( Urlllnprocedure, as nearly as rna.,"" be, as if it wcre bron~ht by such ouch .a....cxecutor or administrator. R.S,O. 1914, c, 151, s. 8.8.-(1) Where the c01l1pensatioll has not been otherwise Apportion.apportioned a judge in chambers may apportion the same ",enl.among the persons entitled,(2) The judge lna:-- in his discretion postpone the distribu- When ".• y.'f l'l'f 'Id I I' ",entmaYl",tlon 0 mane)' to W lie I III ants are entlt e ane lllay e Ireet f\Ollpnnid.payment from the undivided fund. R.S.O. 1914, c. 151, s. 9,lla,rt.9. "There actions are bronght by or for the benefit of t\\"o Whereor more persons claiming to be entitled. as wife, llllsband,:~~~~~parent or child of the deeel'.Scd, the court in which the actionsb.rO~g~l.b~or either of them are pending ma:-- make snch ordel' as it may ~';~I. Ca,m·deem just for the determination BQt only o( the qllcstioll ofthe liability of the defendant but of all questions 1\3 to the per-sons entitled under the provisions of this Act to the damages,if any, t.hat may be reco\·ered. U.S.O. 191--1, c. 151, s. 10.

c 183 Fatal Accidents Act

Ontario: Revised Statutes1927c 93 County Court Judges' Criminal Courts ActOntario© Queen's Printer for Ontario, 1927Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/rsoThis Statutes is brought to you for free and open access by the Statutes at Osgoode Digital Commons. It has been accepted for inclusion in Ontario:Revised Statutes by an authorized administrator of Osgoode Digital Commons.Bibliographic CitationCounty Court Judges' Criminal Courts Act , RSO 1927, c 93Repository CitationOntario (1927) "c 93 County Court Judges' Criminal Courts Act," Ontario: Revised Statutes: Vol. 1927: Iss. 1, Article 97.Available at: http://digitalcommons.osgoode.yorku.ca/rso/vol1927/iss1/97Sec.! (2). COeXT\' Jl'OOES' RDlI:O-:.\L COURTS.CHAPTER 93.Chap. 93. 975The County Court Judges' Criminal Courts Act.1.-(1) 'fhe judge of \. ry coullly alld di, trict court or JudI:' lollb..the junior or deputy jud"'c thereof, authorized to pre ide ~:~~I~O(I~dr~at tbe itting'. of th court of tit go IIcral :e iOllS of th (ourl fo.rlrill• '.1 f I f' I . I r 01 cerllllDpeace, I. COli. htut 'U a COllrt 0 I' con 01' t I tna, out 0 oll'enderle ion and without a jury. of any per,'on committed to ..itbouljorr·gMl on a charg of beilw guilty of any offence for whichucb pel' 011 may b tried at n court of "'eneral . e. ion ofthe p ace, and for which thc per. on 0 committed con ents Po...e.. andto b tried out of .. ion:, and without n jury j and th court ~UI;C' 1906o con tituted hall h:I\' the power and perform the <lutie c:146': •mentioned in Part ..-vIII of 1 he rimillol ode.(2) The court 0 con tituted hall be called the county or Style ot cOlin.di trict court judge" crimillal court of the county or di -trict in which the :allH' i. held, a. the ca.' may be. R. . .1914, e. 61, ._.

c 93 County Court Judges\u27 Criminal Courts Act

c 279 University Act

c 210 Toll Roads Act

Ontario: Revised Statutes1927Report of Commissioners on the Revised Statutesof Ontario, 1927Ontario© Queen's Printer for Ontario, 1927Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/rsoThis Appendix is brought to you for free and open access by the Statutes at Osgoode Digital Commons. It has been accepted for inclusion in Ontario:Revised Statutes by an authorized administrator of Osgoode Digital Commons.Bibliographic CitationRepository CitationOntario (1927) "Report of Commissioners on the Revised Statutes of Ontario, 1927," Ontario: Revised Statutes: Vol. 1927: Iss. 4,Article 15.Available at: http://digitalcommons.osgoode.yorku.ca/rso/vol1927/iss4/15RI'POR'I' Of' THE CO:'DtlSSIO:"IERS.Report of the Commissioners.To HIS HONOR WILI,lAM DONALD Ross,Lieutenant-Governor of the Province of Ontario.excviiThe Commissioners appointed to re"isc and consolidate the PuolieStatutes of Ontario, including tbose of the last Session of the Legislatllre.have the honour to report that they have completed such revision andconsolidation, and ther now submit herewith a printed Roll eontaininf!the same, and constituting "The Revised Stntntes of Ontario. ]927,"chaptered 1 to 364.The Commissioners have included in the Roll an Appendix (A) con-taining' certain Acts and parts of Aets which arc contained in VOhlmeIII of the Revised Statutes, 1914. not repealed by the Redsed Statllte5of ]927, but in force in Ontario subject thereto, and an Appendix (B)containing certain Imperial Statutcs and Statutcs of the Dominion ofCanada relating to the Constitution and Boundaries of Ontario.In accordance with section 2 of Chapter 3 of the Acts of the lastSession of the Legislature. the Commissioners have appended to theRoll a Schedule (Schedule A) sbowing the Acts and parts of Acts whichare embodied in the Roll, or have been superseded by enactments includedtherein or which are inconsistent therewith, and showing in the thirdcolumn of the Schedule the extent to which the Acts and parts of Actsare from the time of tbe coming into force of the Revised Statutes of]927, to be repealed.The Commissioners have also appended to the Roll a Schedule(Schedule B) showing the en:le~mellts contained in the Revised Statutesof 1914 and subsequent Public General Acts which ba\"e been repealedor superseded by subsequent legislation, and showing where the variOW'iActs and parts of Aets whieh remain in force have been embodied in thepresent revision. .The Commissioners held their first meeting on the 5th day of Novem·ber, 1924, and met at regular intervals as the work rendered it neeessnryfrom that time on. 'l'hey have, at the request of the Govemment, heardmany deputations on various branches of the municipal law and othersubjeets.The Commissioners when requested so to do by members of theGovernment have also considered the views and suggestions made bypersons and bodies n10re immediately interested in particular Acts.In pursuance of the instl'llctiolls contained in their Commi:ssioll, theCommissioners have from time to time reported amendments.to certainActs and also Statutes which have been re-drafted, revised and comoli-dated and have been adopted and pnssed by the Legislature dnring the. Sessions held during the years 1925, ]926 and 1927.cxcyiii REPORT OF THE COMMISSIONERS.Every chapter of the Revised Statutes has been the ubjeet of care-ful 'amination not only before but after its consideration and revisionby thc Commission. E,· ry effort ha been made to keep the Statuteswithin reasonable bounds in point of bulk with. the result that theRevised Statutes of 1927 will not to any great extent, exceed in volumethe Revi ed Statute of 1914.Toronto, 15th December, 1927.W. E. MIDDLETON,Chairman;H. '1'. KELLY,WM. N. FERGUSON,R. SMITHJ. G. WALLACE,WILLIAM H. PRICE,K. W. McKAY,ALLAN M. DYMOND,Secretary,E. BAYLY,W. B. WILKINSON,Secretary.

Report of Commissioners on the Revised Statutes of Ontario, 1927

Parker, Graham E.

Osgoode Hall Law School of York UniversityOsgoode Digital CommonsArticles & Book Chapters Faculty Scholarship1966Book Review: Criminal Law, by J. C. Smith andBrian HoganGraham E. ParkerOsgoode Hall Law School of York UniversityFollow this and additional works at: http://digitalcommons.osgoode.yorku.ca/scholarly_worksThis work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works4.0 License.This Book Review is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted forinclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons.Recommended CitationParker, Graham E. "Book Review: Criminal Law, by J. C. Smith and Brian Hogan." Canadian Bar Review 44.4 (1966): 687-692.EVUE DES LIVRESCriminal Law. By J. C. SmiTH and BRiAN HOGAN. London:. Butter-worth & Co. (Publishers) Ltd. 1965 . Pp . ixxix, 609. ($17-50)In the ensuing paragraphs, I intend to discuss English teachingmaterials in general rather than the particular merits of this book.A short examination of the text shows that the authors, who aretwo of the most capable commentators in the field, have a firmgrasp of their subject and have provided an excellent guide to theblack-letter law. I am fully aware of the excellent work done byProfessor Smith in helping readers understand the cases reportedin the Criminal Law Review and the imaginative editing carried outby Mr. Hoganin his capacity as an editor of Medicine Science andthe Law and, more recently, of the Criminal Law Review. Mycriticism stems from the very fact that the authors should feel thatthere is a pedagogical justification for a new criminal law text bookin this format. In the Preface, they explain that it will fill a gapbetween the old student standby, Kenny's Outlines of CriminalLaw' and Glanville William's analytical and exhaustive CriminalLaw : The General Part .' This is probably an accurate assessmentof the present state of English legal education and teaching mater-ials . If so, it is an unfortunate state of affairs. The authors alsodeclare in the Preface that they "have endeavoured to provide theundergraduate with as complete an exposition of the substantiveCriminal Law as he has to guide him in other fields of study" .They have excluded procedure unless its discussion was necessi-tated by the discussion of criminal law. Evidence, "now commonlyregarded as a worthy subject of academic study in its own right",is similarly avoided by the authors. They seem to have achievedtheir purposes in stating the substantive law if the fifty-six pages3containing tables of statutes and cases is any guide. In additionto this vast use of bibliographical material, the text of the bookcovers almost six hundred pages. How is space used? The print issmall and the footnotes are of a terse, bibliographical nature, atleast compared with those in American,texts . Even on the author'sown terms, I find the relative weight given to topics a little per-'(18ih ed., by Turner, 1962).2 (2nd ed ., 1961).	3 Pp. xxiii to lxxix.K REVIEWS688	THE CANADIAN BAR REVIEW [VOL . XLIVplexJ.ng . For instance, only ten pages are assigned to a very cursoryexamination of "The Aims of the Criminal Law". This topic hasbeen the subject of frequent and illuminating study in recent years . 4These discussions emanated from a dissatisfaction with the narrowview of criminal law which the book under review is perpetuating.This new approach gives consideration to "the nature of the litnita-tions imposed upon the use of the criminal law for attaining itsprimary purpose of pervading values and principles of the generaldemocratic social order in which it functions".'The criminal law has been re-examined with a view to a planneduse of the law to achieve social ends . The "doctrinal apparatus" ofthe relevant law must be perfected and this could only be done byrelating it to other social processes . The drafting of the ModelPenal Code was predicated on the assumption that the substantivecriminal law was chaotic, encrusted with legal anachronisms andtook little account of anything outside the narrow, and confiningconcepts of mens rea, actus reus, possession, "taking", "maliceaforethought", and so on . The task of the American Law Institutedid not end with a re-organization and rationalisation of the caselaw. The Chief Reporter of the Model Penal Code, ProfessorHerbert Wechsler, makes this very clear when he says :. . . we shift our focus from the courts and their decisions to the legis-latures and the task of legislation ; and we concern ourselves with oursubject as we think it should be viewed by those with ultimate respon-sibility for making law, not merely the subordinate responsibility for itsinterpretation or its application . . . .A shift of this kind in our focus or perspective, works enormouschange in our pre-occupations . For, our interest moves at once fromthe peripheral issues that give the largest trouble to the courts, workingwithin existing systems, to the basic and intrinsic problems of the field,the questions as to ends and means that ought to be confronted in thebuilding or appraisal or improvement of a system geared to serve itsproper functions in the government of men. The target necessarilybecomes to order all the problems in their right relation to each other ;to explore their possible solutions, estimating, in so far as possible,both their advantages and cost ; to marshal, articulate, and weighvalues, knowledge, judgment, and experience that bear upon thechoices to be made .To say this is not to say that it is unimportant that we know andunderstand existing laws .6I E.g. Williams, The Proper Scope and Function of the Criminal Law(1958), 74 L.Q . Re v . 76 ; Michael and Wechsler . Criminal Law and Its Ad-ministration (1940), pp . 4-20, Cohen, Moral Aspects ofthe Criminal LaW.(1940),49 Yale L.J . 987 ;Devlin, The Enforcement of Morals (1959) ; H.L~A .Hart, Punishment and the Elimination of Responsibility (1962) ; Allen,The Borderland of Criminal Justice (1964) ; Mewett, The Proper Scopeand Function of the Criminal Law (1961), 3 Crim . L.Q. 371 .Paulsen and Kadish : Criminal Law and Its Processes (1962), p . 3 .Wechsler . Legal Scholarship and Criminal Law (1957) . 9 J . Leg~ U.18, at p . 20 .19661 ook Reviews	689The authors also discuss punishment in the most pedestrianway, dividing the various "theories" into nicely separated cate-gories without establishing their relationship to the underlyingpolicy of the criminal law or the implications of penology. Thissection is altogether too thin . Why not quote from some of themore thoughtful works of recent years on the inter-relationships ofcrime, corrections and sentencing?7Similarly, Chapter 2 which discusses "The Definition of aCrime" is equally shallow, skimming across the surface of thesubject ensuring that English law students will never get theirfeet wet.Let me repeat that the authors are, of course, victims of asystem rather than creators of it . My major problem in reading thetext is that I find the orientation to be diametrically opposed to theapproach which I think a law student should be encouraged to take.In Chapter 5 on Negligence, for instance, there is a three-pagestatement which is of limited value as it tries to state in a shortspace what should be developed in a more general discussion ofresponsibility. Admittedly the authors discuss negligence in rela-tion to manslaughter" but here their approach is to give chapterand verse of the cases in the text and to use one or two sentencesto describe (with footnote citation) the arguments of men such asH. L. A. Hart, Glanville Williams and Jerome Hall who havethought deeply on the subject and have points of view whichdeserve elaboration and exposure to students .What is the pedagogical aim of the English law teacher? Is hesimply content with turning out successful LL.B . candidates whohave temporary knowledge of literally thousands of cases illustrating some questionable principles? Alternatively, is he hoping tomould the mind of his law student, who is a potential legislator,law reformer as well as lawyer, so that he will take a constructivelycritical view of his laws so that he can improve them rather thanblindly follow or glibly distinguish them in a legalistic manner?I submit that law teachers who believe that we should cram thestudents' heads with black-letter law in the vague hope that thestudents will give some later thought to "policy", the rationale ofthese laws, and so on, have the cart before the horse. How can onepossibly be in a position to assess the efficacy of the present crim-inal law when one is so preoccupied with the more sophisticatedabsurdities of mens rea? While on this point, I must applaudMessrs. Smith and Hogan for not succumbing to the temptation ofdevoting numerous pages to the discussion of impossibility inattempt . They limit this topic (and related problems) to a mere tenpages.9 Coincidentally, this is precisely the space devoted to the7 E.g. Crime and Corrections (1958), 23 Law & Contemporary Prob-lems 583 . 8 Pp . 223-229 . 11 Pp . 152-161 .690	LA REVUE DU BARREAU CANADIEN [VOL . XLIVproblem of insanity as a defence in the criminal law (includingunfitness to plead) . A further four pages describe the defence ofdiminished responsibility. In the discussion, the word "psychia-trist" is never used although one half page discusses "Proposalsfor Reform"." In this section the critics of the M'Naghten Rules"are cited as believing that the Rules are based on "outdated psycho-logical views".12 The Royal Commission on Capital Punishment of1953 is also referred to ; the commissioners "thought that thequestion of responsibility is not primarily a matter of law or ofmedicine, but of morals and, therefore, most appropriately decidedby a jury of ordinary men and women"." While law students mustunderstand that the insanity defence is subject to definition by law,surely they should have some inkling of the psychiatrist's viewpoint .Unlike many sections of the book, the discussion of insanity citesonly one inconsequential law review article and no learned treat-ises . I also find it very surprising that the DU1.11aM14 rule is notmentioned . No one suggests that the rule laid down by the FederalCourt of Appeals of the District of Columbia is perfect but it wasthe first serious judicial effort to provide an alternative to theM'Naghten Rule . Canadian readers will also be disappointed tofind no reference to the excellent AfeRuer Report. 15Drunkenness, as it is commented upon in this book," is an-other area where the English law teacher is missing an excellentopportunity to discuss the implications of the current views onresponsibility. The discussion is narrowly based on the leadingcases of Meade" and Beard."' I am not suggesting that a text bookon criminal law should include an exposition on the Jellinekstudies of alcoholism" or the psycho-social aspects of the problem ;it should, however, stimulate a questioning attitude toward thepresent state of the defence, as well as a reassessment, in the con-text of drunkenness, of mens rea and the so-called presumption ofintention. In this context, the omission of Stones,10 Hornbuckle,"George22 and Boucher 2s robs the discussion of a viability which thesecases, particularly the first named, would have provided.There is a singular lack of Commonwealth or United Statesmaterials. Why this parochial view? Outside the discussion of afew areas peculiar to the Commonwealth (such as excessive self-defence), few Australian or Canadian sources are cited. Why are10 Pp . 107-108.'I Daniel M'Naghten's Case (1843), 10 Cf . & Fin. 200.12 P. 107. 13 Pp . 107-108.14 Durham v. United States (1954), 214 F. 2d 862, 45 A.L.R . 2d 1430,11, Report of the Royal Commission on the Law of Insanity as a De-fence in Criminal Cases (1956) ."I Pp . 116-120. 17 [1909] 1 K.B . 895. is [1920] A.C . 479.19 For instance, Haggard and Jellinek, Alcohol Explored (1942).20 (1955), 56 S.R . (N.S.W.) 25 .*1 [1945] V.L.R . 281. 22 [19601 S.C.R . 871. 2'(1962). 39 C.R . 242.1966]	Revue des Livres 691Proudman v. Dayman24 and O'Grady v. SparlingN ignored? In adiscussion of necessity why should students not be invited toconsider the Case of the Speluncean Explorers?26What then is such a book as the one under review trying toachieve? I am frankly mystified. The comments I have made abovemake it perfectly clear that this is not meant to be a book whichwill stimulate the student to broaden his perspective of the pheno-menon we call "crime". If this were so, we would find, for instance,greater attention paid to the theory of punishment, the concept ofcrime and criminal law, and to take particular examples, therationale of conspiracy,27 or the socio-economic aspects of propertyoffences . This last omission is one of the most glaring. Surely Hall'sTheft, Lawand SoCiety28 is one of the most important contributionsto this area of law (not sociology, economics, or psychology).Similarly, how could one ignore criminal or quasi-criminal "busi-ness practices", such as those which relate to white-collar crime,price-fixing, anti-trust or the duties and liabilities of companydirectors.If the English law teacher is not planning to educate (in itspurest sense) in the law, what is he aiming at, as exemplified bythe law stated in this book? Is he planning to train the student tobe a practitioner in the criminal courts? Presumingfor the momentthat such an aim is capable of achievement, which is doubtful, dothe contents of this book, the substantive law "stated as at April30, 1965", help him in this task? Canhe, for instance, justify ameretwenty pages devoted to actus reus and mens rea, the very basesof criminal law, while more than four times that space is devotedto the atypical and relatively uncommon crimes of homicide?The approach of this book is such that a student will completehis study with a super-saturated knowledge of the intricacies of thelaw relating to property offences (amounting to one quarter of theentire book) with all its legalistic warts. The student will, however,have no idea what will happen to a client who is illegally arrested,illegally searched, subjected to procedures which test his sobriety,whose communications are subjected to eavesdropping, who con-fesses under coercion, who wishes to be released on bail, toimpugn evidence (on the basis of its relevancy to the rules ofsubstantive law or otherwise) or to appeal . The student will haveno knowledge of the operation of the legal aid system . The studentwill also be ignorant of the sentencing process, the use of pre-sentence investigations, the types of punishments which may be24 (1941), 67 C.L.R . 536 . 25 (19601 S.C.R . 804 .26 Fuller, The Case of the Speluncean Explorers (1949), 62 Harv. L .Rev . 6 1 .27 Cf. the cursory discussion at p . 144 of the implications of Shaw v~D.P.P.J1962] A.C . 220.28 (2nd ed., 1952).692	THE CANADIAN BAR REVIEW [VOL . XLIvimposed on the potential client . These matters could not, of course,be dealt with at length or in depth, but they deserve attention if thestudent is to be something more than a mere repository of narrowlegal rules laid down by a positivistic judicial system and which aredivorced from the disciplines which have a kindred interest in thecommunity problem of crime and the treatment of the criminal asa deviate from the norms of society .If the English teacher of criminal law does not intend to achievethese ends, an intensive study of the rules of the criminal law arelikely to rob the law student of the greatest attractions of this fieldof law. The resulting course in substantive criminal law will besomething less than a stimulating intellectual experience.I cannot help comparing this type of book with the casebookscompiled in the United States . The most radical casebook is thatof Goldstein, Donnelly and SchwartZ29 ; a short perusal of itstable of contents wili convince the reader of the truth of this state-ment . The editors discuss very little "substantive" law but examinethe problems of criminai law and punishment from the viewpointof a few illustrative cases. Such an approach would no doubt betoo extreme for ail but a select body of students in the rarifiedatmosphere of the Yale Law School or some similar institution .Paulsen and Kadish, Criminal Law and Its ProcessesIO providesa more moderate teaching tool. This book embodies the bestcombination of theory and practice, policy and black-letter law,of ambiguous issues and pragmatic solutions .I intend no disrespect to Messrs . Smith and Hogan when Isuggest thm a collection of the best academic writing, governmen-tal and commission reports, perceptive and well-reasoned judg-ments, garnished with stimulating editorial comment and ques-tions provides the best "text" book for the law student. I do notbelieve it is absolutely necessary, although no doubt desirable, forsuch a book to be used under the case method of teaching. Itprovides tools which are not available (or in short supply) in mostlaw libraries and places before the student rules, concepts andarguments which he would not otherwise bother to consider orpursue .GRAHAm E. PARKER *"I Criminal Law: Problems for decision in the promulgation, invoca-tion and administration of a law of crimes (1962) . Professor Schwartz is asociologist.40 See footnote 5, supra. See also Book Review (1964), 42 Can . BarRev . 350 .*Graham E . Parker, of Osgoode Hall Law School, Toronto, Ontario .

Book Review: Criminal Law, by J. C. Smith and Brian Hogan

Ontario: Revised Statutes1927c 299 Beaches and River Beds ActOntario© Queen's Printer for Ontario, 1927Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/rsoThis Statutes is brought to you for free and open access by the Statutes at Osgoode Digital Commons. It has been accepted for inclusion in Ontario:Revised Statutes by an authorized administrator of Osgoode Digital Commons.Bibliographic CitationBeaches and River Beds Act , RSO 1927, c 299Repository CitationOntario (1927) "c 299 Beaches and River Beds Act," Ontario: Revised Statutes: Vol. 1927: Iss. 3, Article 162.Available at: http://digitalcommons.osgoode.yorku.ca/rso/vol1927/iss3/162Sec. 3. BEACHES AND RIVER BEDS.CHAPTER 299.The Beaches and River Beds Act.Chap. 299. 35811. Where a petition signed by thirty or more resident rate- AI'KIJ~.:lonpayers in a township is presented to the municipal council ~ood MI:ai~ip.1of the township praying that an application may be made ~':::h~.to the Railway and Municipal Board for an order per·mitting the ratepayers in such township or in an adjoiningmunicipality to take sand or gravel for use in such townshipor adjoining municipality for building and other purposes,trom the shore or bed of any lake, river, stream, creek or otherwaters in the mnnicipality within the area described in thepetition, the council may apply for such order as hereinaftermentioned. R.S.O. 1914, c. 245, s. 2.2. The application shall be accompanied by a map or plan Map or planprepared by an Ontario land surveyor showing the area ~~~~~~~~:~)"from which it is proposed that the sand or gravel should betaken and the map or plan shall show,-(a) the location of any buildings, docks, landing places,boat-houses, bathing houses or other structures insuch area and upon allY lot immediately adjoiningthe same;(b) all existing roads or other means of access to sucharea;(c) the location of any roads which may be required t<lafford means of access to such area; and(d) such othcr particulars as the Railway and MunicipalBoard may by general regulation require. RS.O.1914, c. 245, s. 3.3. Thc application shall not be considered by the Board Notiuoluntil notice thereof and of the time -and placc at which the apl'Hution.same will be heard has been published once a week in somenewspaper published in the county town of the county inwhich the described area is situate, or, if there is no news-papcr so published, thul in 11 newspaper published in thenearest eity or tOWlI in tIle same county, and has been sent byregistered post to any owner or occupant whose property isaffeeted and to such other persons as the chairman of theDoard may direct at least thirty days before the hearing ofthe application. R.S.O. 1914, c. 245, s. 4.3582 Chap. 299. BEACDES AND RIVER BEDS. Sec. 4.He.rloc·When remnulof .. nd or~r&\"el n(l~ tobe allowed.Ordor~.anliDlapplication.4. The Board shall at the time and place appointed hearthe council, and the petitioners or their cOllnsel, and anyowner or occupant of land which may be taken or used oraffected in any manner by the grAnting of leave to take suchslmd. RS.O. 1914, c. 245, s. 5.5. '1'he order shall not authorize the removal of sand Orgl'uYcl if it appears that such removal may,-(a) cause the subsidence of or injury to or in anyway interfere with any artificial work or st!'uctUfChaving for its object the protection or formationof sHch beach, or the beautifying or protection ofany adjoining land j or(b) cndanger in any mallncr the safety of the publi~or of any person using ot' passing ovcr adjoiningland; or(c) injure, impair the beauty or purpose of, or inany manncr affect land lIscd as an orchard, garden01' pleasure ground, or as a summer residence orhealth rcsort; or(d) injure 01' affect the safety of any high,vay or bridge;0'(e) injure or interfere in any manner with, or with theright of access to, any wha..r, dock, landing s.tage,boat-honse, bathing house, or any other structureerected for the convenience or pleasure of thepublic, or of thc owners of adjoining land;or if it appcars that the bcaeh, shore or bank from or oppositt'to which the sam) or gravel is to be taken is used generallyby the public or by the owners or occupants of adjoining landas a promenade, pleasure ground or play ground, or is re-sorted to largely for bathing and boating, and that the takingof such sand or gravel will interfere with the use of any landor land covered with water for such purposes; or that there·is not a sufficient demand for such sand or gravel to renderthe grl"lnting of leave to take the same desirable. R.S.O. 1914,e. 245, s. 6.6. If the Board thinks fit to grant the application in wholeor in part it may make an. order speci!ying,-(a) the places from which sand or gravel may ba'takenwithin the desCI'ibed area or any part thereof;('j(ojthc mCl\llS of ncccss to bc afforded for thnt purpose;the compensation to be paid to the owner or occu-pant of allY land to be paf;sed over or from whichf;ueh sand or grn"el may be taken or whieh may beaffected in any other manner by the graming ofthe application;Se~. 12. BEACliES AND RIVER BEDS- Chap. 299. 3583(d) the times when and the quantities in whi~h sandor gravel Inay be taken;(e) the tolls and eharg~ to be paid for the taking ofthe sand or gravel;(f) the period during lI'hich the order is to remain inforce. R.S.O. 1914, e. 245, s. 7.7. 'I'he council of the township may, by by-law, adopt ther;.~~~i.roPt.order and consent to be bound by its terms. RS.O. 1914, in, o,der.e. 245, s. 8.8. The order of the Board shall be in triplicate and shall ~'H~nra.ndbe filed in the offices of the Board and of the clerk of the ~~~,:~r,ngmunicipality, aIld, with the by-law, shall be registered ill theregistry office of the registry division in which the describedarea is situate. R.S.O. 1914, e. 245, s. 9.9. The order of the Board shall be final and shall not btl Fidal;~Y ofsubject to appeal, but at the expiration of the period named Or er.therein it may be reuewed or a new order may be made uponthe like application and subject to such temlS and conditionsas to compensation and tolls as the Board may deem just. Ilenewal.R.S.O. 1914, e. 245, s. 10.10.-(1) The council of the township shall annually raise ...nnual Uleby general rate allY amount ordered by the Board to be paid ~~:::I':,"n~'to any persoll whose land is passed over or from which salldor gravel is taken or which is affected thereby.(2) The tolls and charges ordered by the BoaI'd to be paid Toll •.shall be collected by the eorporation of the municipality andmay be applied in reduction of such rate. RS.O. 1914, e. 245,s. 11.11. No order made under this Act shall apply to or affect Crownthe property of the Crown until asscnted to by the Lieulen. :&~~~:~~ notant-Govel'llor in Council. R.S.O. 1014, c. 245, 8. 12.12. This Aet shall not apply to any municipality or por- ExelllP,lloDn. f ··1· d 1 db ,1 L· t tG ofanyOOlltytlOn 0 a mUlllClpa lty cc are y Ie lCU cl1an - overnol' ~ Or'.e. inin' COlU1Cii to be exempted therefrom. R.S.O. 1914, c. 245, oun,iI.s. 13.