To the Bailiff or Constable employed. For serving summons or subpoena, twenty cents. If the party, in whose favor the determination of the fence-viewers has been made, makes an affidavit that such fees have been duly paid and disbursed to the persons entitled thereto, the Clerk of the Division Court will include the amount thereof in the execution; and when collected, will pay over the same to the party. By the second of the Statutes above mentioned, (Ontario Stat. 32 Vic. cap. 46,) the Consolidated Statute has been amended, and its provisions extended, so as to make them applicable to unoccupied or non-resident lands, and the owners thereof: far as the same relate to water-courses. The several enactments of the amended act are the following: 1. The provisions of the Con. Stat., so far as the same relate to water-courses, are to be construed to apply to unoccupied, and non-resident lands, and to the owners thereof: to the same extent as to occupied lands, and the occupants thereof; and the fence-viewers are in like manner as in other cases, to determine the share of the expense of any water-course made under the Con. Stat. as amended, (which expense is to be borne by the owner of such unoccupied or non-resident lands) and report the same to the justice who is to transmit such report to the clerk of the municipality. The share of the expense of any water-course, chargeable against such unoccupied and non-resident lands, must not exceed the sum of twenty-five cents per rod. 2. The clerk is to bring such report before the council of the municipality, at its first meeting after the receipt thereof; and the council are to cause the amount so reported to be paid to the party entitled thereto, together with a proportionate share of the costs attending the investigation and report. 3. Forthwith after such payment the clerk is to transmit to the County Treasurer an account of the amount and date of such payment, and the land against which the same is chargeable, and the County Treasurer, upon receipt thereof, is to charge the same against such land in the same manner as the wild land tax; and the same will thereupon become to all intents and purposes a charge upon the said land, and be subject to the provisions of the Statutes respecting such tax, and may be collected by distress, or by the sale of such land, in the same manner as such tax may be collected. 4. In collecting the amount of such charge, there shall be added to the same eight per centum thereof, and all fees and incidental expenses in the same way, and to the same amount, as in the case of such tax. 5. Where the owner of such unoccupied or nonresident lands cannot be found, after reasonable diligence, or is absent from the province, the Justice may cause such owner to be notified by letter, mailed to his last known place of residence, and may proceed and cause all subsequent proceedings to be taken in his absence, and all such proceedings are to be as valid as if the notification required by the said act to be given to an occupant had been given to such owner. 6. When any ditch or water-course is extended to the limit or boundary of a township, and in order to be effective should be continued into or through another or adjoining municipality, such adjoining municipality must extend and continue such ditch or water-course through the whole or such part of its territorial limits, as may be necessary for making such ditch or water-course effec tive. If the lands in both municipalities are benefited in an equal degree, in proportion to the extent of such work in each; then the duty of deciding in what proportion the expense shall be borne, by and amongst the owners of occupied and unoccupied lands in each municipality, devolves upon, and appertains to, the fence-viewers in each such municipality; and the proceedings provided by the first act, as amended by the second act, are to be taken and apply; but if such ditch or water-course does not benefit the land in both municipalities in an equal degree in proportion to the expense of the work in each, then the duty of deciding in what proportion the expense shall be borne by and amongst the owners of occupied and unoccupied lands, in both the municipalities, devolves upon and appertains to, six fence-viewers (three from each of such municipalities) to be nominated, and notified of such nomination, by some Justice of the Peace having jurisdiction in such municipalities or one of them; and the decision of such fence-viewcrs or the majority of them will be binding, and must be in duplicate, and one of such duplicates is to be transmitted by the Justice to the clerk of each such municipalities. 7. Any party affected by any decision of the fence-viewers may appeal to the Judge of the County Court within which the said land is situate, against such decision, within thirty days after the same shall be filed with the clerk of the municipality in this act mentioned. CHAPTER XIV. MASTER AND SERVANT. The relation of Master and Servant is so extensive, entering into all the walks of life, that this work would be incomplete without a chapter devoted to the subject. In order to constitute a contract of hiring and service, the contract creating the relation of master and servant, there must be either an express or an impli d mutual engagement, binding one party to employ and remunerate, and the other to serve, for some determinate term or period. If the employer merely agrees to pay so long as the servant continues to serve, leaving it optional either with the servant to serve, or with the employer to employ, there is no contract of hiring and service; but if the servant binds himself to serve for some determinate term, and the employer, expressly or impliedly, agrees or promises to retain the servant in his service for the term, there is a contract of hiring and service. A contract of hiring and service need not be authenticated by writing unless the hiring exceeds a year in duration. The Master and Servant Act (Con. Stat. U. C., c. 75, s. 3) provides that a "verbal agreement shall not exceed the term of one year." In the absence of an express contract between the parties, a hiring may be presumed from the mere fact of the service, unless the service has been with near relations. If a man, for example, serves a stranger in the capacity of a clerk, or of a domestic servant, or farm-servant, for a continued period, the law presumes that the service has been rendered in fulfilment of a contract of hiring and service; and if the party has served without anything being said as to wages, the law presumes that the parties agreed for customary and reasonable wages. But if the service has been with a parent or uncle, or other near relation, of the party serving, a hiring cannot be implied or presumed from it, but an express hiring must be proved in order to support a claim for wages; for the law regards services rendered by near relations to one another as |