TII. - OBSTRUCTIONS CAUSED TO RIVERS, STREAMS OR CREEKS

7 303. Subject to any jurisdiction of the Dominion of Canada in this respect, and to the provisions of any acts passed in the exercise of such jurisdiction, any person wTho throws into a river, stream, creek or brook, bark, slabs, waste stuff or other refuse of any saw-mill or stumps, roots shrubs, tan-bark or leached ashes, and allows the same to remain and to obstruct such rivers, streams, creeks or brooks, shall incur a penalty not exceeding twenty dollars and not less than twenty cents for each day during which such obstruction remains there, over and above ail damages resulting therefrom.

Nevertheless, if the obstruction be caused without wilful default or in the bona fide exercise of his rights, the person causing the same shall not be liable to any fine or damages unless upon default to remove the obstruction after notice and within a reasonable time. R. S. Q., 2972f ; 54 V.,

7304. Whosoever inj ures, damages or destroys any dams, slides, aprons, booms, gate-locks and other works intended to facilitate the floating and transmission of timber, is liable to a fine of not more than twenty dollars and not less than two dollars, or, in default of payment, to imprisonment for not less than two days and not more than ten days, in the common gaol of the district in which the offence was committed, over and above ail damages resulting therefrom. R. S. Q., 2972; ; 54 V., c. 25, s. 1.

7305. Prosecutions for the recoverv of fines or penalties imposed by this subsection as well as of damages, if they do

not exceed twenty-five dollars, may be brought before one or two justices of the peace, or the district magistrate, of the place where the offence was committed.

When the dgmages exceed twenty-five dollars, the suit shall be brought, according to the amount of such damages, before the Circuit Court, or before the Superior Court, of the district in which the damages were caused. R. S. Q., 2972 k ; 54 V., c. 25, s. 1.

7 305a. Whenever logs or other timber belonging to more than one person, and which are being floated down any watercourse in the Province, are stopped in their descent by coming in contact with the bed of such watercourse, or with any rock, snag or other like obstruction therein, or by coming into contact with logs previously so stopped, the whole under such circumstances that, during a period of at least ten days, such logs cannot be further floated without the agency of men, then, if ail the owners of the said logs or timber do not, within ten days from the date when the same were so stopped, agréé as to the floating thereof, the same may be floated as hereinafter provided. 4 Geo. Y, ch. 56, s. 4.

73056. Any one of the said owners who cannot float his own logs or timber without also floating the logs or timber of one or more of the other owners, may, alone or jointly with such of the other owners as lie has an agreement with, by registered letter signed by him or them and addressed to the last known post-office address of the owner or owners of such logs or timber as he or they hâve not been able to agréé with, notify the said last-mentioned owner or owners of the place where the said logs or timber are situated, and further notify him or them, that at a day and hour mentioned in such notice- — which day shall not be less than seven clear days from the date when, in the usual course of the post, ail such letters should arrive at the respective post-offices to which they are addressed, — the sender or senders of the notice will proceed to float the said logs or timber, and will charge the other owner or owners thereof with his or their due proportion of the expense thereof. 4 Geo. V, ch. 56, s. 4.

Provision for floating of logs obstructed.

Notification to be given by one owner to others.

Priority in case of more than one notice.

Cost to be borne proportionately.

7 3 O 5c. If more than one notice is sent, the person or persons who sent the notice which was first put in the postoffice shall hâve the prior right to float the said logs.

4 Geo. Y, ch. 56, s. 4.

73©5d. At the day and hour specified in his or their notice, the person or persons sending the first or the only notice, may proceed to float the said logs or timber, doing the same as promptly, efficiently and economically as possible, and the cost thereof, except as otherwise agreed, shall be borne by each owner of such logs or timber in proportion to the quantity thereof belonging to him. 4 Geo. V, ch. 56, s. 4.

Réservoirs for storing waters for hydraulic forces and aqueduct. These dispositions apply to navigable and to non navigable rivers.

(See Nos. 73 to 79 incl.).