Notice of Distress of Growing Crops.

Mr. C. D.

Take notice that I have this day taken and distrained, [or that as Bailiff to J. S., your landlord, I have taken and distrained,] on the lands and premises known as lot number one in the township of &c., &c., the several growing crops specified in the inventory for the sum of $ , being one year's rent due to me [or to the said J. S.,] on the first of May last, for the said lands and premises; and unless you previously pay the said rent with the charges of distraining for the same, I shall proceed to cut, gather, make, cure, carry and lay up the crops when ripe, in the barn or other proper place on the said premises, and in convenient time sell and dispose of the same towards satisfaction of the said rent, and of the charges of such distress, appraisement and sale, according to the form of the Statute in such case made and provided.

I hereby desire you will keep possession of my goods which you have this day distrained for rent due or alleged to be due from me to you, in the

place where they now are, being the house No. 3 Dean Street, Toronto, for the space of seven days from the date hereof, on your undertaking to delay the sale of the said goods and chattels for that time to enable me to discharge the said rent, and I will pay the man for keeping the said possession. Witness my hand this

day of

C. D.

18

Witnes,

R. S.

Notice to quit by Landlord.

To C. D., (tenant).

I hereby give you notice to quit and deliver up the premises which you now hold of me, situate at (here describe the premises) on the

day of

To A. B., (landlord).

I hereby give you notice that on the

day

of next, I shall quit and deliver up to you, the peaceable and quiet possession of the premises now held by me, with the appurtenances, situate at in the township of in the county of

in this

CHAPTER XIII.

LINE-FENCES AND WATER-COURSES.

The statutes which regulate these matters are eap. 57 of the Con. Stat. U. C., and the Ontario Stat. 32 Vic. c. 46.

By the first of these statutes, each of the parties occupying adjoining tracts of land must make, keep up, and repair, a just proportion of the division or line-fence on the line dividing such tracts, and equally on either side thereof.

Any fence coming within the meaning of a lawful fence in any by-law of the municipal council in that behalf, is to be considered a lawful fence; and when no such by-law exists, any fence-viewers, when called upon, are to exercise their own judgment, and decide what they consider to be a lawful fence.

The owner of the whole or part of a division or line fence, which forms part of the fence inclosing the occupied or improved land of another person, may not take down or remove any part of such fence:

1. Without giving at least twelve months' previous notice of his intention to the owner or occupier of such adjacent inclosure ;

or

2. Nor unless such last-mentioned owner occupier, after demand made upon him in writing by the owner of such fence, refuses to pay therefor a sum to be determined, as provided in the next sub-section ;

3. Nor if such owner or occupier will pay to the owner of such fence, or of any part thereof, such sum as three fence-viewers, or a majority of them, in writing, determine to be the reasonable value thereof.

When any land which has laid uninclosed or in common, is afterwards inclosed or improved, the occupier must pay to the owner of the division or line-fence standing upon the divisional line between such land and the inclosure of any other occupant or proprietor, a just proportion of the value thereof.

When a water fence, or a fence running into the water, is necessary, the same is also to be made in equal parts, unless the parties otherwise agree.

When lands belonging to or occupied by different persons, are divided from each other by any river, brook, pond or creek, which of itself is not a sufficient barrier, and it is impracticable to fence upon the true boundary-line, the fence must be set up on one side of the river, brook, pond or creek, or partly on one side and partly on the other, as may be just. When it is the joint interest of parties resident to open a ditch or water-course for the purpose letting off surplus water from swamps or low miry lands, in order to enable the owners or occupiers thereof to cultivate or improve the same, such

of

several parties must open a just and fair proportion of such ditch or water-course, according to their several interests

Three fence-viewers of the municipality, or a majority of them, may decide all disputes between the owners or occupants of adjoining lands, or lands so divided or alleged to be divided as aforesaid, in regard to their respective rights and liabilities under this act, and also all disputes respecting the opening, making or paying for ditches and watercourses, under this act.

Every determination or award of fence-viewers must be in writing, signed by such of them as concur therein; and they must transmit the same or) a certified copy thereof) to the clerk of the municipality, and deliver a copy to every party requiring the same; and such determination or award will be binding on the parties thereto.

When the dispute is as to the commencement or extent of the part of the fence to be made or repaired by either party; or as to the opening of a ditch or water-course; or as to the part, width, depth or extent that any person should open or make; either party may, by writing, notify the fence-viewers of the dispute, and name in the notice for the investigation thereof the time and place of meeting, and notify the other party to appear at the same time and place.

On receiving such notice, the fence-viewers will attend at the time and place named, and, after being satisfied that the other party has been also duly notified, they will examine the premises and