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Les diagrammes suivants illustrent la mAthode. >y errata ed to int ne pelure, Eipon A 1 2 3 32X 1 2 3 4 5 6 / Ml OONTi MUNI if / SCOBIE'S MUNICIPAL MANUAL f'OR UPPER CANADA. ».'W*S.-».-,-\.-N. I.'v^'v-V^ THIED EDITION. • V^-VX*-^-*'* OOHTAINING, BESIDES THE CONTENTS OF THE TWO PREVIOUS EDITIONS, THE ACTS THAT HAVE SINCE BEEN PASSED BY THE LEGISLATURE OF THE PROVINCE, IN &HFSBSKCB TO MUNICIPALITIES AND THE MUNICIPAL SYSTEM ESTABLISHED IN UPPER CANADA. TORONTO : HUGH SCOBIE, 16, KING STREET EAST, SOLD ALSO BY ALL EOOKSELLEIIS. 1852. ^ JS } 7Z/ The ] Upper reference indeed, i Municipf dpalities readily r duty dev in a com pJy a wai the publi Appen i^uded The T Itianual. J 1/ ii ToROHl PUBLISHER'S NOTICE. s ^ The present collection, being the Tliird Edition of the "Municipal Maiiiud for Upper Canada^^ comprises the Acts of the Legislature to the present period, in reference to Municipal affairs. The Avork will be found convenient for reference, and, indeed, indispensable to those aft'ected by, or having duties to perform in relation to the Municipal system that is established by law among us. The Acts referring to Muni- cipalities are scattered over numerous volumes of the Statute Book, and cannot be readily referred to tliere, by those liaving occasion to consult them, or on whom the duty devolves of carrying their provisions into effect ; tlie j)resent collection, therefore, in a compact form, will obviate the inconvenience of so extended a reference, and sup- ply a want, which, it Ls hoped will be appreciated by those, whom it is the object of tlie publisher to aid and serve. Appended to the volume, there is a list of Acts passed in 1849, 1850 and 1851, not iiiduded in the Municipal Manual, but which it may be necessary to consult at times. The Table of Contents is sufficiently full to ser>e as an Index to the Municipal Manual. HUGH SCOBIE, Puhlisfw. Toronto, 15th March, 1852. « it Public 1 Comraoi « Road an (( it « Sale of t( (t Sale of ( « Repairs t Railroade (( *t Jurors' A « Pt Firemen' Miliiia C( Houses ol Lock-up Dog Taxi Arrears oi Provision Common i (( Legjslat.v Trustees^ Teachers, Township Councils j their Boards of Local Supi Visitors an Chief Sup( Council of Miscellane Counties D CONTENTS. ASSESS MEJVTS. » PAORS. As' jssment Acts repealed, 1850 164 & 165 •« Aclofl850 166lol82 « Amending Act, 1851 281 to 284 Public Buildings' Fund Ads, 1850 .183 & 184 ; 309 & 3iO Common School Acts, 1850 189 to 211 <* *" Amending Act, 1851 284 Road and Bridge Companies' Act, 1849 "^S to 106 « " •' « Amended, 1851 2ilto314 « ** ** » Extended to Railroads, 1850 163 & 164 '* ** " " " Repealed, except as regards ) qno the Brantford and Buffalo Railroad, 1851 j '*^'' Sale of Public Works Act, 1849 3 14 & 315 '« " '• «' Extended, 1850 315 to 317 « « '< " to remove doubts, 1851 317 to 319 Sale of Government Loans to ('ompanies, 1850 319 &. 320 " " Special Rates dispensed with, 1851 3!20 & 321 Repairs to Roads, &c., in Cities and Towns, 1850 223 Si 224 Railroads Aid, Toronto, Simcoe and Huron, 1850 221 « « Great Western, 1850 222 & 223 *« « Braulford and Bullalo, 1850, '51 163, 164, & 322 « '< Municipal Stock in Railroads, 1851 323 Jurors' Acts, 1850, '51 297 to 306 « Payment Act, 1851. 206 to 308 Firemen's Exemption Acts, 1849 and 1851. • 308 & 309 Militia Commutation Act, for QuakerL, Menonists or Tunkera, 1841 & 1&49 119 & 120 Houses of Industry Act, 1837. 114 & 115 Lock-up Houses Act, 1847 129 & 130 Dog Taxin^r Act, 1845 126 & 127 Arrears of Taxes of previous years, authorized to be collected. Act of 1850 184 Si 185 COMMON SCHOOIiS. PAGES. Provision for Common Schools 7 Common Schoo" Act, 1850 • 189 to 211 ** " amended, 1851 284 Legislative Grant for Common Schools, 1850 21 1 & 212 Trustees^ their Election and Duties 189 to 195 Teachers, their Duties • 195 & 196 Township Councils, their Duties 196 to 198 Councils and Trustees iu Cities, Towns and Incorporated Villages, and their di ties 198 to 202 Boards of Public Instruction, their Constitution and Duties 202 & 203 Local Superintendents, their Duties 203 to 205 Visitors and their Duties 205 & 206 Chief Superintendent and his Duties •. 206 to 208 Council of Public Instruction, its Constitution and Du;ies 208 & 209 Miscellaneous Provisions 209 to 211 COlJ.\TIES AIVB UIVIOZVS. Counties Divisions Act, 1815 • 130 to 132 " « 1849 80to 90 " " Essex, Kent and Lambton, 1849 91 to W VI. Counties Divisions, Eesex, Kent anil Lambton, Provision .is to Prisoners " Western District, 1845 " Huron, Perth and Bruce, ISli). Territorial Divisions Act, 1851. UjiiteJ, Schedules B & C " mode of dissolviiiiG: Unions it t( tt (( (t 'to COUNTIES. V\r.F.. NO. Addington, T'nships connposing it 291 12 Brant Bruce, Carleton. Dundas, Durham, Elgin, Essex, Front en ac, Glengary, Grenville, Grey, Haldimand Halton, Hastings, Huron, Kent. Lambton, Lanaik, Leeds, Lennox, <( i( (( « >( ii if (< << (( a (C i( a <( (( it i( (( « CONTENTS. PAGKS. 290 128 93 & 94 284 tu 294 29:j 82 to 87, 91 to 94, 285 to 290 COUNTIES. PA(5E. NO. Lincoln, T'nships composing it Middlesex, 292 26 292 29 291 5 291 8 291 17 292 35 292 34 291 11 290 1 291 9 2fJ2 28 293 39 292 24 291 15 292 30 2f)2 33 292 32 291 7 291 10 291 13 <( <( <( (( M (( << (( <( (( it (( « (( a (< <( « t 293 41 (( 2! 12 36 (( 292 37 it 291 16 It 292 23 if 293 38 <{ 292 22 n 292 31 t< 291 18 (< 290 3 (( 291 14 (( 291 6 « 291 4 « 291 20 « 290 2 (( 291 19 it 292 25 <( 293 40 (( 292 27 <( 293 42 it 292 21 Norfolk, Northumberland Ontario, Oxford, Peel, Perth, Peterboro', Prescotr, Prince Edward, Renfrew, Russell, Simcoe, Stormont, Victoria, Waterloo, Welland, Wellington, Wentworth, York, Elections t Q,ualifications of Voters and nfcmbers. Townships, Voters and Councillors 257 & 258—267 & 268 Incorporated Villages, Voters and Councillors 259 & 260—270 & 271 Towns, Voters and Councillors 260 & 261— 271 & 272 Cities, Voters, Aldermen and Councillors 261 & 262—272 & 273 Disqualified and Exempted* • 37, 41 & 275 Elections, when held • 47 Heads of Corporations, in case of equality of votes 281 Vacancies, how filled • 278 Townships, Reeves and Deputies • '•• 6 Villages, Reeves and Deputies •. ' 30 Towns, Mayors, Reeves and Deputies 27 to 29 Counties, Wardens 268, 269&270 Cities, Mayors 261, 262&273 FERRIES. Act of 1797, regulating Ferries • Provision of Municipal Act of 1849, relating thereto GRAMMAR S € H O O li S . Municipal Provision for Grammar Schools Act of 1807, establishing Grammar Schools • a it *t t* *{ ft ft 113 & 111 14 it tt n t( i( *l it *( 1808, in amendment' 181 9, " and extension 1837, in amendment 1841, appropriating Funds • 1846, vesting sites in Trustees 1846, altering appropriation • 1850, making appropriation 1851, removing resliiction, as to distance between Grammar Schools 13 212 to 214 214 214 to 216 216 217 & 218 218 & 219 219 220 310 & 311 I Act of Act of] a << tt *t It *i tt tt it tt tt it it tt It tt s«« PAGES. 290 128 . . . 93 & 94 . . . 284 tu 294 293 94, 285 to 290 PAGE. NO. igit 293 41 " 2!)2 36 «' 2W 37 « 291 16 « 2!>2 23 «* 293 38 " 292 22 " 292 31 " 291 18 • « 290 3 «« 291 14 « 291 6 « 291 4 " 291 20 « 290 2 «' 291 19 «* 292 25 « 293 40 '* 292 27 *< 293 42 « 292 21 beri*. 258—267 260—270 261—271 262—272 37, 41 &268 &271 &272 &273 &276 47 281 278 6 20 to 29 &270 261, 262 & 273 27 268. 269 }ls 113 & 11! 14 13 212 to 214 214 214 to 216 216 217 & 218 218 & 219 219 220 310 & 311 ^ CONTENTS. HOUSES OF ihtdustry. t • Vll. PAC88. 114 & 115 Act of 1837, to provide for the maintenance of Houses of Industry INSPECTORS. Inspectors of Taverns and other Housesof Public Entertainment, 1850-51, 187, 188,324 Inspectors of Weights and Measures, 1849 310 JURORS ANn MUIVICIPAIilTIES. Clauses of Jurors' Acts of 1850 and 1851, which impose duties on Muni- cipalities 297to306 Jurors' Payment Act, 1851 306 to 308 Firemen's' Exemption Acts, 1849 and 1851 308 & 309 IiO€K-Ul* HOUSES. Act of 1847, to establish Locli-up Houses in unincorporated Towns or Villages 129 & 130 MUNICIPAIi CORPORATIOIVS. Municipal Act Repealed in 1849 106 to 113 Corporations Establishment Act of 1849 1 to 80 Amendment Act of 1850 133 to 151 Amentiments of 1850, literally rendered 152 to 162 Amendment Act of 1851 241 to 266 Amendments of 1851, literally rendered 267 to 281 Boundaries, Schedule D, 1850 225 to 228 Village Boundaries. 1851 295 to 297 Surveys provided for, 1849, '51 229 to 238 ; 295 and 324 Special Rates of Assessment, for debts to Crown abandoned 1851 320 & 321 Township Councils County Councils. Police Villages • Incorporated Villages* • • • " Towns <* Cities Mrscellaneous Provisions Amendments and Enlargements 1;... i. '% 241 to 281, 255 to 228, 295 to 297 POUi\DKEEP£RS ANO FEIVCE VIE^VERS. Act of 1838, relating to Poundkeepers, &c. 116 & 117 Provisions of the Municipal Act of 1849, relative thereto • • • • Line Fences and Water Courses, Act of 1845 Fence Viewers, &c., appointed by the Municipalities Municipalities to regulate height and description of Fences RAIIi ROADS AID. Toronto, Simcoe and Huron, 1850 221 & 222 (Jroat Western, 1850 222 & 223 Rrantford and Buffalo, 1850, 1851 163, 161 & 322 Municipalities Subscribing, under General Railway Clauses Act, 1851«»« 321 it « a a (( it it « « te t( (I Ito 11 11 to 16 16 to 20 20 to 26 26 to 31 31 to 36 37 to 80 8 121 to 126 8 10 AiVI> BRIDGES, &c J 8 9 12 114 128 95 to 106 311 to 314 ROADS Highways «..., Highways, Act of 1810 Road Allowances Act, 1846* • Road and Bridge Compawes Act, 1819 '* " amended, 1851 Roads and Bridges, Repairs in Cities and Towns Act, 1850 223 & 224 Sale of Public Works Act, 1849 314 &3I5 " " enlarged, 1850 315 to 317 " " further extended, 1851 3l7to319 Sale of Government Loans' Act 1850 3i9 & 320 Special Assessments for Crown Debts Abandoned, 1851 329 to 321 Till. CONTENTS. TATEBN A!VD OTHER lilCE^TSES. PAOES. 185 10 ia*5 238 & 239 Licensinj; Act of 1850 • Acl of 185!, amGiiding thu abovu Imperial Duly explained • TOWNP*Slll»S, TOWNS, YlIil^AOES, CITIES AI\'I> COUNTIES. Township Municipalities, 18-19 • « tt it County Municipalities, Police Villaijes, Incorporated Vdlages, Towns, Cities, Miscellaneous ProviRions, « " ** literally rendered Sarveys and Boundaries, 1849 « CITIES. PAGES. Hamilton, limits 74 & 75 Amendments, 1850 " literally rendered « J851 « Kingston, " Toronto, « « Acts of 1834 and laiO TOWNS. Belleville, boundaries " " amended. Brantford, Brockville Bytown Cobourg <( Cornwall, Dundas, Goderich, London, Niagaia, « Market « u It t< t( tt it t( tt (( amended. Peterboro', boundaries Picton, « Port Hope, (( Piescott, « tt (( it tt amended . amended, amended . 75 to 77 77& 78 117 & 118 65 147 & 148 66 67 67 & 68 68 148 & 149 68 68 & 69 70 70 71 119 71 & 72 72 149 72 & 73 149 & 150 73 150 I to 11 11 to 16 16 to 20 ..• 20 to 26 26to 31 31 to 36 37to 65 133 to 147 152 to 162 241to266 267to281 228 to 238, 295 and 324 TOWNS. PAGES. St. Catherines, boundaries. .. 73 & 74 " " amended 150 & 151 VILLAGES. Schedule A 20 & 65 « D 62, 63, & 151 ■ 225 227 & 228 225 & S2> 80 79 226 294 & 295 228 79 79 226 296 228 79 228 226 &227 296 & 297 80 227 Amherstburgh, boundaries.. •Barrie, «' , Chatham, Chippewa, Gait, Guelph, Ingersoll, •L'Orignal, Oshawa, Paris, Perth, Preston, *Queenston, Richmond, •Sandwich, Simcoe, St. Thomas, Thorold, Woodstock, c( tt tt tt t( tf tt tt it tt tt tt i< tt {< tt ft *Thosc marked Uius*[liaTe no Municipal organization. APPENDIX. Titles of Acts passed in 1849, !850 and 1851, not contained in this Manual, but which it may be sometimes nece-^sary for Municipal Bodies to refer 325 to 328 II. J l Upper > ers or that th -■WV-WN • v'VW^ -, .'V ^ »^'V* % • t •■ V"*, Vv-V PAGES. ... 185 to 188 .'{24 . . . 238 & 239 DOU]¥TIES. 11 16 20 « • • 1 to 11 to • • • 16 to ... 20 to 26 . •. 26 to 31 31 to 36 ... 37 to 65 . . . 133 to 147 . . . 152 to 162 ... 241 to 266 . . . 267 to 281 38, 295 and 324 PAGES. ... 73 & 74 ed 150 & 151 20 & 65 62, 63, & 151 J... 225 227 & 228 225 & S23 80 79 226 . 294 & 295 228 79 79 226 296 228 79 228 . 226 &227 . 296 & 297 80 227 [cipal organization. to 325 to 328 i MUNICIPAL CORPORATIONS, UPPER CANADA. ACT 12 VIC, CAP. 81. An Act to provide, by one general law, for the erection of Municipal Cor- porations, and the establishment of Regtilaticns of Police, in and for the sev- eral Counties, Cities, Toums, Toumships and Villages in Upper Canada. [30th May, 1849.] WHEREAS it will be of great public benefit and advantage that prevision should be made, by one general law, for the erection of Municipal Corporations and the establishment of Eegulations of Police in and for the several Counties, Cities, Towns, Townships and Villages in Upper Canada : And whereas, with a view to this object, certain Acts of the Parliament of this Province, and certain others of the Parliament of the late Province of Upper Canada, have, by an Act passed during this present Session of Parliament been repealed: Beit therefore enacted Tby the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assem- bled by virtue of and under the authority of an Act passed in the Par- liament of the United Kingdom of Great Britain and Ireland, and inti- tuled. An Act to re-unite the Provinces of Upper and Lotoer- Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same. That this Act shall commence and have force and effect upon, from and after the first day of January, in the year of our Lord, one thousand eight hundred and fifty, and not before ; excepting always such of its provisions as mav require that any thing be done preparatory to the first elections to be held under it, which provisions shall be in force immediately upon, from and after the passing thereof. L TOWNSHIPS. II. And be it enacted. That the inhabitants of each Township in Upper Canada, which shall have one hundred or more resident freehold- ers or householders on the Collector's Roll thereof, for the last year that the same shall have been made up, prior to the time this Act is appointed to come into force, shall be a Body Corporatj, and as such shall have perpetual succession and a Common Seal, with power to break, renew and alter the same at pleasure, and shall be capable of suing and being sued, of pleading and being impleaded in all Courts and places whatsoever, of purchasing, acquiring and holding lands and tenements, and other real and personal property within such Township for the use of the inhabitants thereof, in their corporate capacity, and of making and entering into such contracts as may be necessary for the exercise of their corporate functions, and that all such powers shall be exercised by, through and in the name of the Municipality of each Township respectively. III. And be it enacted, That it shall be the duty of the Municipal Council for each District in Upper-Canada, at a Special Meeting to be held for that purpose on the second day of October next after the pass- ing of thisAct, and to be continued by adjournment from time to time to Preamble. Commencement of this Act. Exception .is to prepnratory pro- ceeding!. Inhabitant! of Towiiahipi in- corporated. Their Corporate power*. How exercised. TownBhips hnv- ing less than a certain popula- tion to be united tootherr,achow TOWNSHIP MUNICIPALITIES. Wlifcli ahaVr be t'le Junior Towiiahip. .Is toTowiibiiips newly laid out or tiaviiig less than a certain po|nilatron after istJan. 185U. As to Townships liaving Rural Wards. Woril " Town- Mhi|)" interpret- ed. Tow-isliips may be iiividcd into Rural Wards, and liow. A place in each Ward to be ap- lioinied for elec- tions, Itc. Publicntion of By-laws for a (tivisioii into Wards. such period not being beyond the second day of November ne.xt there- after, as may be necessary for completing the business hereby imposed upon them, oy a By-law to be passed for that purpose at such meeting, to attach every Township lying within any County in their District which shall have within it less than one hundred resident freeholders and householders on the Collector's Roll for the last year, that the same shall have been made up prior to the faid second day of October ne.vt, to some other adjacent Tow» jhip lying within the same County, and such Township so united or attached to such adjacent Township, shall, until the dissolution of sucli Union as provided for by this Act, be known as the Junior Township of such Union uf Townships, and be leproaented in one Municipality in common with such adjacent Township, which shall in like manner be known as the Senior Township of such Union ; and from and after the first day of January next, after the passing of tnis Act, every Township newly laid out by the Crown, or not having within it one hundred resident freeholder-; and householders on the Col- lector's Roll, and not then dready attached to or united with any other Township 89 aforesaid, shall, by a By-law of the Municipal Council of ihe Uounty in which such Township shall be situate, be united for the purposes of this Act to such adjacent Township, in such County as such Municipal Council shall think fit, and also to some one particu- hv rural Ward of such Township, where such last mentioned Township shall have been divided into such Wards, or part of it to one of such Wards and part of it to another of such Wards, with a view to the representation of the freeholders and householders thereof, in the Muni- cipality of such United Townships, and all such Townships shall, >vhile they shall continue so united, be called 7%e United Totonships of mentioning their names, and the word Township, shall for the purposes of this Act, be held and considered to apply to and include Townships so united as well as single Townships, and such Unions may be made to consist of two or more Townships, as convenience may require. IV. And be it enacted, That it shall and may be lawful for every such Municipal Council if they deem it expedient so to do, in and by such By-law, to divide each of the Townships (including Unions of Townshps as aforesaid,) in each County, into rural Wards, for the elec- tion of Township Councillors, for such Township excluding from such Wards any and every Incorporated Village, Town or City, and the lib- erties thereof lying within the limits of such Township, which Divi- sion into rural Wards shr.U be made in such manner that the several Wards in each of such Townships shall, as res^ards the number of free- holders and householders entitled to vote at the election of Township Councillors for the same, respectively, be as nearly equal as practicable, regard being however also had to the convenience of such freeholders and householders, and to the rendering each of such rural Wards as compact as circumstances will permit. V. And be it enacted. That every such Municipal Council> whenever by such By-law they shall divide any such Township into rural Wards as aforesaid, shall in the same By-law appoint a convenient place in each of such Wards for holding the election of Township Councillors for euch Ward, and shall also appoint a fit and proper person to hold the iirst election of a Township Councillor in each of sucn Wards respectively. VI. And be it enacted. That copies of every such By-law shall be published by every such Municipal Council, twice at least in the Offi- cial Gazette of this Province, and at least four times in some public newspaper, if any there be published in such County, and copies thereof shall be moreover posted up in the four most public places in each Township in such County i^ eve Wa in s cau{ TOWNSHIP MUNICIPALITIES. 3 VII. And be it eriacleil, That every such Municipal Council, when- ever by such By-law tliey shall divide any such Township into rural Wards as aforepaid, and shall fix the places for holding the first elections in such Wards and appoint Returning Officers for holdinr the same, shall cause a copy of such By-h under their seal to be delivered to the person appointed to hold two election for each of such Wards, or to be left for him at his usual place of residence one calendar month at least prior to the time for holding the election, and every such person shall, and he is hereby required to hold the first election of Township Councillor for the Ward to which he shall be so appointed, and in default thereof ses. Purchase of real projierty. or Town Ilnll. Scliool IIOU.BI', Public Pound , 8 TOWNSHIP MUNICIPALITIES. Pound-keeperF, Pence- Vie wen and other Town- ■hip Officer!. Dutiei of Town- ship Officer!. Their remunera- tion. Bonds, Sec, to be^ivenby them. Drains and water courses. Highways, Kuads, dec. Proviso as to en- croachments on certain Itlndd of proiwriy. Highways pass- ing through woods. Proviso ns to orchards, Stc. Protection of Timber, Stone, Fifthly. For the appointment, under the Corporate Seul of such Town- ship, of a suflicient number of Pound-Keepers, Fence- Viewers, Over- seers of Highways, Road Surveyors, and cf such ?.nd so many other Officers as may be necessary for carrying into etfect any oi iVi-i provis- ions of this Act, or of any other Act of the Legislature ot this Province, or of the late Province of Upper-Canada, or of any By-law or B^-laws of the Municipality of such Township, and in like manner to displace all or any of them and appoint others in their room, and to add to or diminish the number of them or any of them as often as the said Cor- poration shall see fit. Sixthly. For regulating and prescribing the duties of all Ofi^cers asting under the authority of the Corporation cfsuch Township, and the pen- alties on their making default in the performance of such cinties. Seventhly. For settling the remuneration of all Township Officers in all cases where the same is not or shall not be settled by Act of the Legislature, and for providing for the payment of the remuneration by such Act of the Legislature or by the By-laws of the said Municipality provided and appointed for all Township Officeis whatsoever. Eighthly. For regulating the bonds, recognizances or other securities to be given by all Township Officers for the faithful discharge of their duties ; for inflicting reasonable penalties for refusing to serve in any Township Office, and for the infrmgement of any and every By-law of the Municipality of the Township. Ninthly. For the erection, construction or repair of such drains and water-courses as the interests of .he inhabitants of such Township shall in the opinion of the Municipality require to be so erected, constructed or repaired at the public expense oi" such Township. TentMy. For the opening, constructing, making, leveling, pitching, raising, lowering, gravelling, macadamizing, planking, repairing, plant- ing, improving, preserving and maintaining of any new or existing highway, road, street, side-walk, crossing, alley, lane, bridge or other communication within such Township, and for the stopping up, pulling down, widening, altering, changing or diverting of any such highway, road, street, side-walk, crossing, alley, lane, bridge, or other communi- cation witl^ the same : Provided always, nevertheless, that no such new, widened, altered, changed or diverted highway, road, street, side- walk, crossing, alley, lane, bridge or other comrnunicstion, shall be laid out so as to run through or encroach upon any dwelling-house, barn, stable, or outhouse or any orchard, garden, yard or pleasure ground, without the consent in writing of the owner thereof. Eleventhly. For providing, that on each side of any highway, which shall pass through a wood, the timber shall be cut down tor a .space not exceeding twenty-five feet on each side of such highway, by the pro- prietor of the land on which such timber shall be, or in his default by the overseer of highways or other officer in whose division such land shall lie, such timber to be removed by the proprietor within a time to be appointed by the By-law, or in his default by such overseer of high- ways or other officer, in which last mentioned case it may be used by the overseer or other officer as aforesaid, for any purpose connected with the improvement of the highways and bridges in his division, or sold by him to defray the expenses incurred in carrying the By-law into effect ; Provided always, that no such By-law shall authorize or compel the cutting down of any orchard or shrubbery, or of any trees planted ex- pressly for ornament or shelter. Twelfthly. For the protection and preservation of any timber, stone, sand or gravel, growing or being upon any allowance or any appropria- TOWNSHIP MUNICIPALITIES. 9 .lof such Town - -Viewers, Over- sn many other ly oi Ih*^ provid- at this Province, ■law or By-laws nner to displace ind to add to or as the said Cor- 11 Ofl^ccrs acting ipj and the pen- 3h (Imies. iship OfRcers in d by Act of the emuneration by lid Municipality soever. - other securities scharge of their to serve in ary every By-law of such drains and Township shall sted, constructed veling, pitching, repairing, plant- new or existing bridge or other iping up, pulling yr such highway, other communi- !ss, that no such oad, street, side- ion, shall be laid ing-house, barn, ileasure ground, lighway, which for a space not vay, by the pro- n his clefault by ision such land within a time to verseer of high- may be used by connected with ision, or sold by -law into effect ; e or compel tfie ees planted ex- ' timber, stone, any appropria- . A tion for any public road or roads within such Township, and for the sale of any timoer growing or beuig upon any road allowance, if thought proper, by the C'^uncil. Thirteenthly. For regulating the driving and riding on or over any bridge erected or to be erected within such Township. Fourteenthly. For regulating inns, taverns, ale houses, victualling houses, ordiuarie^iftnd all houses where fruit, oysters, clams, victuals or spirituous liquors, or any other manufactured beverslge may be sold, to be eaten or drank .herein, and all other places for the reception and entertainment of the public within the jurisuiction of the Corporation of such Township, and to limit the number of them, and in all cases when there exists no other provision by law for the licensing of such houses, to provide for the proper licensing of the same, at such rates as to the Corporati( n of such Township may seem expedient ; the proceeds of such license, in cases not otherwise appropriated by law, to form part of the public funds of such Township, and to be disposed of as the said Corporation may consider advisable. Fifteenthly. For making regulations as to pits, precipices, and deep waters, or other places dangerous to travellers. Sixteenthly. For granting money to the Municipal Council of the County in which such Township shall be situate, or to that of any ad- joining County, to aid the making, opening, building, maintaining, widening or improving any highway, road, street, bridge or communica- tion lying between such Township and any other Township in the same or any adjoining County, or in the making, opening, building, main- taining, widening or improving any highway, road, street, bridge or communication within such Township, assumed by the Municipal Council of the County as a county work, or agreed to be assumed by such Municipal Council on Vae condition of such grant. Seventeentfdy. For regulating the manner of granting to associated Joint Stock Road or Bridge Companies, permission to proceed with any Roads or Bridges within the jurisdiction of such Municipality, and the manner of afterwards ascertaining and declaring accordmg to law the completion of the works undertaken by such Companies respectively, so as to entitle such Incorporated Companies to levy tolls uix)n such works, and of all examinations, enquiries and investigations necessary for the proper, efficient and judicious exercise of such power. Eighteenthly. For taking stock in or lending money to any Incorpora- ted Road or Bridge Company to which such Municipality shall have granted a license to proceed with such work, in accordance with the requirements of the Statute in that behalf, or in or to any other such in- corporated Road or Bridge Company, in whose Road or Bridge the in- habitants within the jurisdiction of such Municipality shall, in the opin- ion of such Municipality, be sufficiently interested to warrant them in taking such stock or lending such money for the advancement of such enterprize. All dividends, interest and proceeds to arise or be received from such stock or loan being at all times applicable to the general pur- poses of such Municipality, and to go in reduction of the rates required to be i »vied for such purposes. Nineteenthly. For restraining and regulating the running at large of horses, cattle, sheep, goats, swine, and other animals, geese, turkeys and other poultry, and to impound or provide for the impounding of the same, and for fixing the periods of the year during which such animals or poultry shall be permitted to run at large, and those during which they shall be restrained from doing so. Twentiethly. For imposing a tax on the owners, possessors or harbour- ers of dogs ; for regulating the manner in which such dogs may be ■nie of Tiiiil«r Driving over bridge*. Inns, tavcrnf, victualling hou«es, &c. Licensing In certain caaes. Pita, precipircM, tec. Granting of money for im- proving roaJr, &c. Joint Stocic Roail Coin pan leii, Slc. Talcing Stock in Ro.-id or Bridge Ckjinpanien. As to divic'onds, interest, Sec. Runninpr.t large of animal-i. Tax on Dogi. 10 TOWNSHIP MUNICIPALITIES. ncitroying Uoga. DcHlruciiun oiT weedi. Exiiibitiona, pupiiet thowt, wild aniinaU, 4ce. Fines for exhi- bilinucontrary to inch Hy-lnwi. Dninages pay- able by ownersof animals trespas- sing. Sale of an i mills impounded. Height and de- scription of fences. Estnblislimentof l)0uiidary lines. Compounding for Riaiute iabour. Applyini; com- position money. Enforcing Sta- tute labour. Fines and penalties. Rorrowing oioneys. allowed to run at large, or for preventing such dogs from being allowed to run at large at improper times, and for killing and destroying such as are found running at large contrary to such By-law. Twenty-firstly. For the destroying and suppressing thu growth of weeds detrimental to good husbandry. Iwenty-secondly. For preventing, restraining or regulating^ exhibitions of wa^ ngures, wild animals, puppet shows, wif#dancing, circus- riding, and other idle acts or feats which common showmen, circus- riders, mountebanks or jugglers usually exhibit, practice or perform, and requiring the payment of a sum not exceeding five pounds to the Town- ship Treasurer before any and every such exhibition shall be allowed to be held or to take place ; for imposing a fine upon the proprietors or persons in charge of such exhibition, in ca.'e they shall e.^hibit without such payment, and for the levying thereof by summary dibt^n^s to be levied upon the goods and chattels of such showmen, or belonsing to such exhibition, whether the owners shall be known or not, or for the imprisonment of the parties offending, for any time not exceeding one calendar month, and for the appropriation of such sums as may be re- ceived or recovered under any regulation or By-law to be passed for that purpose. Twenty-thirdly. For appraising the damages to be paid by the owners of horses, cattle and other animals trespassing, contrary to the By-laws or regulations of such Township. Twenty-fourthly. For causing such horses, cattle oi other animals as fihall be impounded, to be sold, in case the same are i. ■ claimed within a reasonable time, or in case the damages, fines and expv<)nBes shall not be paid according to such By-laws or regulations. Twenty-fifihly. For settling the height and description of lawful fences. Twenty-sixthly. For procuring, in case the same hath not been already done, the ascertaining and establishment by public authority according to law, of the boundary lines of such Township, and providing for the peri- % necessary for the executing of any Township public work within their jurisdiction, and the scope of the authority by this Act conferred upon them. Thir* ^-firstly. For raising, levying, collecting and appropriating such moneys' as may be required for all or any of the purposes aforesaid, either by way of tolls to be paid on any Township bridge, road, or other township work, to defray the expense of making, repairing, or maintaining the same, or by means of a rate or rates to be assessed equally on the whole rateable property of such Township, liable to assessment according to any law which shall be in force in Upper- Canada, concerning rates and assessments. Thirty-secondly. For making such other local regulations not contrary to any law of this Province, or to any By-law of the Municipal Council of the County within which such Township shall lie, and which shall by law extend to and hi in force within such Township, as the good of the inhabitants of such Township may in their opinion require. T^iirty-thirdly. For the repeal, alteration, or amendment, from lime to time, of all or any of such By-laws, and the making others in lieu thereof, as to them may seem expedient for the good of the inhabitants of such Township. II. COUNTIES. XXXII. And be it enacted, That the inhabitants of each and every County in Uppor Canada, shall be a Body Corporate, and shall have perprtual succession and a Common Seal, with power to break, renew or alter the same at pleasutte, and shall be capable of suing and being sued, of yleadihs and being impleaded, in all courts and places what- soever, — of purchasing, acquiring and holding lands and tenements and other real and personal property within such county, for the use of the inhabitants thereof in their corporate capacity, — and of making and entering into such contracts as may be necessary for the exercise of their corporate functions, and that the powers of the Corporation shall be exerciped by and through and in the name of the Municipal Council of such County. XXXIII. And be it enacted. That the Townreeves and Deputy-Tovvn- reeves of the several Townships, Villages and Towns within each County shall constitute the Municipal Council for such County. XXXIV. And be it enacted, that the Municipal Council of each County shall meet at the Shire Hall, if there be one, or otherwise at the County Court House annually, on the fourth Monclay in January, or if not on that day, then on some day thereafter, and their meeting may be adjourned from time to time, and to the same place, or to any other place within the County, or any City lying within the boundaries of such County, although such City may be a County in itself for municipal or other purposes, or within the liberties of any such City, and any Muni- cipal Council may hold speciai meetings, (to be summoned at any time by the County VVa.-len) at the place where the then last meeting of such Council shall have been held ; and such special meetings may be ad- journed from time to time, and to the same place, or to any other place within the County as aforesaid. XXXV. And he it enacted, That the Municipal Council of each County shall, at their first meeting on or after the fourth Monday in •Tanuary in each year, choose from amongst themselves a County War- ticn, who shall thenceforth preside at all meetings of such Municipal Council. XXXVI. And be it enacted. That the keeping and repairing of the Shire Hall, County Court House and Gaol, and of any House of Correc- Raising ami levying nioneyi!. Local rogula- tioiid not con- trary to law. Uppenl, ttc., of By-(aw». Counties incor|)orntei1. Corporate pow- ers. How exrrrisoil. TownrcevcH of Townships and Deputies, &c., to form the Munici- pal Council of such Counly. Meetings of County Munici- pal Councils. As to Cities. f?r'ecial Meet- ings. Election of fJomity Warden. Keeping ami repairing of Shire Hall, Sec, 1 12 to lie chnrged npon each County. Duty of Council with reupect to fir<^perly ripair- ng highways, bridges, Ilc, assumed na County Roads or Bridges, tec. Powers of Minor Municipalities 10 cease as to the same. Proviso: certain improveinenis not to constitute such assump- tion. Roads and Bridges between different Town- ships to be under Jurisdiction of Counties through which th«y run. Bonds and Bridges between two Counties, &c.,lobe under the jurisdiction of both. As to By-'.awi regarding the Bauto COUNTY COUNCIL. tion that may be erected and established by the Municipal Couueil, shall be charged upon each County in Upper-Canada, and it shall be the duty of the Municipal Council to cause the same to be repaired and kept in repair at the expense of the County, and to raise by rate upon the County all sums of money which shall be necessary for such pur- poses, and for every other purpose, the expense whereof shall be by law chargeable upon the C'^'i»v. XXXVII. And t .lacted, That whenever any new or existing highway, road, stree!, bridge or other communication within any Town- ship, shall by any By-law of the Municipal Council of the County in which such Township is situate, be assumed by such Municipal Council as a County County road or bridge as being one in which more than one Township or the whole County is interested, it shall be the duty of such Municipal Council, and they are hereby required with as little de- lay as reasonably may be, and at the expense of the County^ to cause such road to be planked, gravelled or macadamized, or such bridge to be built in a good and substantial manner, and from the time of the passing of the By-law assuming such road or bridge as a County work as afore- said, and so long as the same shall remain unrepealed, the Municipali- ties of the Townships in which such road or bridge shall be situate, shall C3ase to have any jurisdiction or control over the same or any part there- of as respects the making, maintaining or improving the same, or the stopping up, altering or diverling the same, or the protection or preser- vation of any timber, stone, sand or gravel growing or being thereon, or the regulating the driving or riding thereon, or other use thereof: Provi- ded always, nevertheless, that the mere laying out of County money upon any road lying between any two or more Townships for the im- provement thereof, or exercising the other powers by this Act conferred upon them with respect to such line roads, shall not be deemed an as- sumption of the same as County roads, so as to render it obligatory upon the said County, to cause the same to be planked, graveled or macada- mized as hereinbefore provided, and this notwithstanding that the line of such roads may occa' 'onally deviate from its course between such Townships, or any two f them, so as in some places to lie wholly or in part within one of such Townships only. XXXVIII. And be it enacted, That all roads and biidges running, lying or being between different Townships, situate in the same County, shall be exclusively within the jurisdiction and subject to the control of the Municipal Council of such County as far as respects the making, maintaining or improving the same, or the stopping up, altering or di- verting the same, or the protection and preservation of any timber, stone, sand or gravel growing or being thereon, or the regulating, the driving or riding thereon, or other use of the same, and this notwithstanding that the line of such road or bridge shall or may occasionally deviate from its course between such Townships, and in some parts thereof may lie wholly within one of such Townships. XXXIX. And be it enacted. That all roads and bridges running, lying or being between different Counties or between a County and a Cfty iying within the boundaries of such County or on the bounds of a Town or Incorporated Village within such County, shall be within the juris- diction and subject to the control of the Municipal Corporations of both such Coiyities, or of such County and City or Town and Village as far as respects the making, maintaining or improving the same, or the stop- ping up, altering or diverting the same, or the protection of any timber, stone, sand or gravel growing or beinir thereon, or the regulating the driving or riding thereon, or other use of the same, and this notwithstand- ing that the line of such road or bridge shall or may occasionally deviate i from iti the bou wholly and no with rei . shall hs in simil such C XL. shall, u allow al .charges )allow 'shall in Treasui County, purpose! XLI. ishall ha' ^11 or an i Firstly pona\ pre iposes, ar f Second ^Shiro Ha and of a] J^ny land i Thirdli iRiaybe i erection, ■^or the us any City Coonty, i ^of the sat -aid of sue vancemei Fourthi ]of the pul Beat of th ind Roy a |the diffen Qus of. ai Schools si for any of |by such I #which Pu -the neces ^t>f the opf Fifthly. irships, I lo, or in I open to cc Schools "agement t Sixthh], •industry \ unicipal Council, iy and it shall be ) be repaired and aise by rate upon ary for such pur- lof shall be by law Y new or existing within any Town- of the County in Vlunicipal Council which more than lall be the duty of I with as little de- 3 County^ to cause r such bridge to be ime of the passing nty work as afore- i, the Municipali- lU be situate, shall ) or any part there- the same, or the otection or preser- ' being thereon, or se thereof: Provi- of County money iships for the im- this Act conferred be deemed an as- it obligatory upon iveled or macada- ing that the line rse between such to lie wholly or in running, :t bi idges he same County, to the control of ects the making, ip, altering or di- uiy timber, stone, iting, the driving notwithstanding Eisionally deviate parts thereof may es running, lying unty and a CHy rounds of a Town within the juris- porations of both id Village as far ame, or the stop- jn of any timber, 9 regulating the is notwithstand- lasionally deviate COUNIY COUNCIL. from its course between such Counties or such County and City, or along the bounds of iiuch Town or Village, and in some parts thereof lie wholly within one or the other of such Counties, City, Town or Village, and no By-law to be passed by any of such Municipal Corporations with respect to any such road or bridge, for any of the purposes aforesaid, . shall have any force or effect whatsoever until the passmg of a By-law in similar or corresponding terms as nearly as may be by the other of such Corporations. XL. And be it enacted, That the Municipal Council of each County shall, upon the report of the Auditors of the County, finally audit and .allow all accounts chargeable against the County : and in case any such 'charges shall not be specially regulated by law, it shall be their dutv to ^llow for the same such sums as may be just and reasonable ; and tney ^^shail in like manner also audit aud allow the accounts of the County Treasurer, and of the Collectors of the several Townships within their County, so far as the accounts of such Collectors shall relate to County purposes. XLL And be it enacted. That the Municipal Council of each County ishall have power and authority to make a By-law or By-laws for each, ^^11 or any of the following purposes, that is to say : it Firstly. For the purchase and acquirement of all such real and per- gonal property, within the County, as may be required for County pur- Eoses, and for the sale and disposal of the same when no longer required. Secondly. For the erection, preservation, improvement or repair of a i;>hire Hall, Court House, Gaol, House of Correction, House of Industry, %nd of all other Houses and other buildings required by or being upon any land acquired by or belonging to such County as a Corporation. ^ Thirdly. For the purchase and acquirement of such real property as |may be required for County Grammar School purposes, and for the ^erection, preservation, iniprovement and repair of County School Houses |for the use of Grammar Schools in such parts of the County, or within iiany City or the liberties thereof, lying within the boundaries of such Coonty, as the wants of the people most require, for the sale and disposal A^of the same when no longer required, and for making such provision in |aid of such Grammar Schools as they may deem expedient for the ad- !vancement of education in the same. i Fourthly. For making some permanent provision for defraying, out |of the public funds of such County, the expense of the attendance at the Beat of the University of Toronto, and of that of Upper-Canada College, and Royal Grammar School there, of such and so many of the Pupils of Ihe different Public Grammar Schools of such County, as shall be desi- )us of, and in the opinion of the respective Masters of such Grammar Schools shall be of competent attainments for entering into competition j^for any of the Scholarships, Exhibitionri ^t other similar Prizes offered ,tl|by such University or College to compet'lion amoncst such Pupils, but ^which Pupils from the inability of their Parents or'Guardians to incur the necessary expense of such attendance, might otherwise be deprived jf the opportunity Ok competing for the same. Fifthly. For the endowment of such and so many Fellowships, Schol- irships, Exhibitions and other similar Prizes in the University of Toron- to, or in Upper Canada College and Royal Grammar School there, to be fopen to competition amongst the Pupils of the different public Grammar ^Schools of such County, as they shall deem expedient for the encour- igement of Learning amongst the youth of such County. Sixthiy. For the appointment of the Inspectors of the County House of ■Industry and of sucn and so many Officers as may be necessary for 13 Audit of ar- counuchnriju- nlile agaliiht County. And of Treaiur- ers and Collector!. Council* may make liy-laws for certain purpoKs. Purcliase of real Property. Erection, dec, of Shire Hall and other county buildings. Erection, Ac, of land for School HouseDf &c. Making a pro- viBioii for Ihe cxpeniies of Pupila nitendi'ng in the Univerai- ty of Toronto , &c., whose parents are una- i>le to incur such expenses. Endowment of Fellowships in the University of Torottto, ice. Appointment of Inspectors of 14 COUNTY COUNCILS. Ilouiic uf ImIub- try. RrtniJiicrneloii of f'ouiiiy OHi- ccra. Rpgulntion of Ft-rriei, lie. TroviKo. Bciniincration of 'I'ownreevci. Provitio m to commcnrcMiciit orHUCli Hy-luw. llrectiun,&c.,of druiiiH. Opening, III iking and repairing roads, ftc. Agreeing with Municipalities as to sticl) work. rroviso as to encroachments on certain kinds of property. Protection of timber, &c. carrying into effect any of the provisions of this Act, or of any other Act of the Logi.ilalure of this Province, or of the hite Province of Upper Canada, the erection or maintainance of such Houses of Industry or of any By-law or By-laws of the Municipal Council of such County re* specting the same. Seventhly. For the settlins; the remuneration to all County Officers in all cases where the same Us not or shall not be settled by Act of the Legislature, and for providing for the payment of the remuneration by sucli Act of the Legislature or by the By-laws of the said Municipal Council provided and appointed for all County OfKcers. Eighthly. For regulating all Ferries between any two places in such County, and for establishing the rates of pay or hire to be taken by the owners or conductors of the boats or vessels employed on such Ferries, but no By-law for any such purpose shall have any force or effect until the same shall have been assented to by the Governor of this Province in Council. Ninthly. For settling and paying a rate at which the Townreeves and Deputy Townreeves forming such Municipal Council shall be remune- rated for their attet^dance at such Council : Provided always, neverthe- less, that no By-law to be passed for this latter purpose after the year of of our Lord, one thousand eight hundred and fifty, shall be valid, unless the same shall by the terms of it be limited to take effect two whole years at least from the passing thereof. Ttnthly. For the erection, construction or repair of such drains and water courses as the interests of the inhabitants of such County at large shall in the opinion of the Municipal Council require to be so erected, constructed or repaired at the public expense of such County. Eleventhly. For the opening, constructing, making, levelling, pitch- ing, raising, lowering, gravelling, macadamizing, planking, repairing, planting, improving, preserving and maintaining of any new or existing highway, road, street, side-walk, crossing, alley, lane, bridge or other communication running, lying or being within one or more Townships or between two or more Townships ofsuch County, or between such County and any adjoining County or City, or on the bounds of any Town or Incorporated Villace lying within the boundaries of such County, as the interests of the innabitants of such County at large shall in the opi- nion of the Municipal Council require to be so opened, constructed, made, widened, changed, diverted, levelled, pitched, raised, lowered, gravelled, macadamized, planked, repaired, planted, improved, pre- served or maintained at the public expense oi such County ; and for en- tering into, performing and executing any arrangement or agreement with the Municipal Corporation of any such adjoining County or Coun- ties, City or Cities, or of any such Town or incorporated Village as aforesaid, for the execution of any such work at the joint expense and for the joint benefit of the Municipal Corporation of such Counties, Cities, Towns or Villages and the people they represent respectively ; and for the stopping up, pulling down, widenmg, altering, changing or diverting of any such highway, road, street, bridge or communications within the same ; Provided always, nevertheless, that no such new, widened, altered, changed or diverted highway, road, street, side-walk, crossing, alley, lane, bridge or other communication, shall be laid out so as to run through or encroach upon any dwelling house, barn, stable, or outhouse, or through any orchard, garden, yard or pleasure ground, without the consent in writing of the owner thereof. Twelfthly. For the protection and preservation of any timber, stone, sand or gravel growing or being upon any allowance or appropriation for any of such County roads. <4 organi/ ■, older T r of any other Act rovince of Upper I of Industry or of )f such County re- :!!ounty Officers in led by Act of the I remuneration by e said Municipal B. xo places in such 9 be taken by the i on such Ferries, )rce or effect until )r of this Province 9 Townreeves and shall be remune- always, neverthe- e after the year of lU be valid, unless effect two whole f such drains and ;h County at large I to be so erected. County. L levelling, pitch- inking, repairing, ly new or existing le, bridge or other • more Townships or between such lunds of any Town fsuch County, as shall in the opi- tned, constructed, , raised, lowered, improved, pre- unty ; and for en- ent or agreement County or Coun- )rated Village as >int expense and >f such Counties, ent respectively ; ing, changing or communications at no such new, street, side-walk, shall be laid out use, barn, stable, pleasure ground, ly timber, stone, or appropriation I COUNTY COUNCILS. 'rhirtemthhj. For regulating the driving and riding on or over any County bridge erected or to be elected under the authority of such Mu- nicipal Council. FourteeiitMy, For preventing the immoderate riding or driving of hor- ses or cattle in any of the public higliways in such County, whether such highways be Township or County roads. " Fifteenthly. For making regulations as to pits, precipices and deep waters, or oilier places dangerous to tmvellers in the immediate neigh- bourhood of any County Road or Dridge. Sixteenthly. For grunting to any Town, Township or Village, in such County, by way of loan or otherwise, such sum or sums of money in aid of such other moneys as may bo raised by the Municipal Corporation of such Town, Townsnip or Village, or by voluntary subscription, for or to- wards the making, openinjj or erecting of any new road or bridge in such Town, Township or Village in cases where such Municipal Coun- cil shall deem such Town, Township or Village work of sufficient im- portance to justify the afTording such assistance to it, with a view to the general interest possessed by tne County at large in such Town, Town- ship or Village, and yet where such work is not of a character, in their opinion, to justify them, in at once assuming the same as a County woik to be executed wholly at the expense ofthe County at large. Seventeenthly. For attaching any new Township or Townships within such County liot having a sufficient population for a separate Municipal organization of their own under the provisions of this Act, to such of the older Townships of such County as they shall deem best for the conve- nience ofthe inhabitants of such new Township or Townships, and for thus forming them into a Union of Townships for the purpose of such Municipal organization. EighteenUdy. For regulating the manner of granting to associated Joint Stock Road or Bridge Companies, licenses to proceed with any roads or bridges within the jurisdiction of such Municipal Council, an^ the manner of afterwards ascertaining and declaring according to law the completion of the works undertaken by such Companies ref pective- ly, so as to entitle such Incorporated Companies to levy tolls upon such vvorks, and of all examinations, enquiries and investigations necessary for the proper, efficient and judicious exercise of such power. Nineteenthlu. For taking stock in or lending money to any Incorpora- ted Road or Bridge Company to which such Municipal Council shall have granted a license, to proceed with such work in accordance with the requirements of the Statute in that behalf, or in or to any other such Incorporated Road or Bridge Company in whose road or bridge the in- habitants within the jurisdiction ofsuch Municipal Council shall in the opinion of such Municipal Council be sufficiently interested to warrant them in taking such stock or lending such money for the advancement of such enterprize ; all dividends, interests and proceeds to arise or be received from such stock or loan being at all times applicable to the "eneral purposes of such Municipal Council, and to go in reduction of the rates required to be levied for such purposes. Twentiethly. For the imposing fines not exceeding in any case ten pounds, currency, for the breach of all or any of the By-laws or Regu- lations of such Municipal Council. Twmty-fintly. For borrowing under the restriction and upon the se- curity hereinafter mentioned, all such sums of money as shall or may be necessary for the execution of any County work within their juris- diction and the scope of tho authority by this Act conferred upon them. 15 RcRulatioii of (IriviiiK on Hridgei. Prevention of iniiiioUiriiio ilriving on IlighvvHyK, Air, Rritulntichi' .-ik to IMu, dec, nciir Roatb. (Mauling luunfl to Town*, TuwiiHliipf, tic... in the County. Aitaclini(i Town>hi|iu to others. tiranliiigllci'M* i>eN to Road or liriduc Coin- pnnici*. Taking i}\or\ m Road or lirldge Conipunii'tf. As to Dividends, intereiit, &c. Fines. Borrowing moneyij. ^^ IG POLICE VILLAGES. I'Cvyinginoneya Re|icoliiig or amending By- law*. Comity Manici- y.a\ Councils may define liiniu of villages ttc. And fix place ofRTut election, tec. Meeting for election of Police Trustees. Appnintnient of Inspecting Trustee. Township Collector to deliver a copy of the roll of freeholders and householders to the person presiding nt the election. Attestation of surlicnpy. Iwenty- secondly. For raising, levying, collecting and appropriating such mone3's as may be required for all or any of the purposes aforesaid, either by v;ay of tolls to be paid on any County Bridge, road or other public work, to defray the expense of making, repairing or maintaining the same, or by means of a rate or rates to be assessed equally on the "whole rateable property of such County liable to assessment, according to any law which shall be in force in Upper Canada concerning Aates and Assessments. Twenty- thirdly. For the repeal, alteration or amendment from time to time of ail or any of such By-laws, and the making others in lieu there- of as to them may seem expedient for the good of the inhabitants of such County. III. POLICE VILLAGES. XLII. And be it enacted, That it shall and may be lawful for the Municipal Council of any County, by Bv-law to be passed upon the petition of any number of the inhabitants of any unincorporated Village or Hamlet, situate in such County, or for the Municipal Councils of any two or more Counties, upon any such petitions from the inhabitants of any unincorporated Village or Hamlet situate partly within one of such Counties and partly within another or others of them, to define the lim- its within which in respect to such Village or Hamlet there is, in the opinion of such Municipal Councilor Municipal Councils, a resident population suflicient to make it expedient that the provisions of this Act for the regulation and Police of unincorporated Villages should be ap- plied to such Village or Hamlet, and in every such By-law such Muni- cipal Council or Councils, shall fix the place in such Village or Hamlet, where the first annual election of Police Trustees, under the authority of this Act, shall be held for such Village, the person who shall preside at such meeting, and the hour at which such meeting shall be opened for that purpose. XLIII. And be it enacted. That on the second Monday in January next after the end of three calendar months from the passing of such By-law or By-laws, as the case may require, and annually, on the sec- ond Mor\day of January in each and every year thereafter, until such Village shall be incorporated under the provisions of this' Act, it shall and may be lawful for the resident freeholders and householders of such unincorporated Village to assemble at the time and place appointed for that purpose, and to proceed to elect from among themselves three Police Trustees for such Village, which three Trustees, or any two of them, by a Memorandum in writing under their hands to be fifed with the Township Clerk of the Township in which such Village is situate, or when such Village is situate within two or more Townships, then to be filed with the Township Clerk of some one of such Townships, shall within a reasonable time after the election, nominate and appoint one of their number to be the inspecting Trustee of such Village. XLIV. And be it enacted. That it shall be the duly of the Collector and Collectors of the Township or Townships within which such unincor- E orated Village shall be situate, whether appointed under this Act or efore the passing thereof, to deliver to the person appointed to preside at any such election, or to any person by him appointed to receive the same, a fair copy of the Collector's Roll made up next before such elec- tion, 80 far as such Roll contains the names of the resident freeholders and householders of such unincorporated VillagOi with the amount for which they shall be assessed upon such Rolls ; which copy shall be verified by affidavit or affirmation appended to, or endorsed upon such copy, and sworn or affirmed before any Justice of the Peace for the County, to the effect, that the same is a tiue copy of such Roll, so far as tor's ings, tl XLV by deat corpora been el Trustee Clerk a! or a Tn shall ho place he lime he XLV] any of omit to 1 any otfe for sucl househo thereof twenty ( XLIX the next establisl shall be have bei nd appropriatinjT rposes aforesaid, je, road or other g or maintaininc; d equally on the sment, according :oncerning Rates lent from time to lers in lieu there- :ie inhabitants of be lawful for the passed upon the porated Village or Councils of any he inhabitants of rithin one of such to define the lim- it there is, iri the incils, a resident visions of this Act jes should be ap- |r-law such Muni- ITillage or Hamlet, nder the authority who shall preside shall be opened 4 anday in January B passing of such ually, on the sec- eafter, until such this Act, it shall iseholdersofsuch lace appointed for llhemselves three (s, or any two of to be fifed with |Village is situate, )wnfihips, then lo Townsnips, shall and appoint one illage. of the Collector ,ich such unincor- .nder this Act or (ointed to preside ted to receive the jefore such elec- ident freeholders the amount for h copy shall be lorsed upon such e Peace for the h Roll, so far as POLICK VILLAGES. relates to the unincorporated Village for which such election is to Le held, and that it includes the names of all the resident freeholders and householders in such unincorporated village, and the amount for which they shall have been assessed as entered upon such Roll, and the per- sons entitled to vote or be elected at such election shall be those whose names are upon the said Roll or Rolls thus verified, and who shall con- tinue at the time of the election lo be resident in such Village : Provided always, firstly, that the holder or occupier of any separate portion of a house having a distinct communication with a road or street, by an outer door shall be considered a householder within the meaning of this Act in Ct.'^e he shall be assessed therefor, as a house upon such Collec- tor's Roll oi Roll's as aforesaid: And provided also, secondly, that no person shall be qualified to be elected at any such election of Trustees who shall not have been entered upon such Roll or Rolls as aforesaid, for rateable property held in his own right or that of his wife as proprie- tor or tenant, to the value of one hundred pounds of lawful money of Canada. XLV. And be it enacted. That at every subsequent annual election of Police Trustees for such unincorporated Village after the first, the per- son to preside at such election, and the hour at which the same snail commence, shall be appointed by the Trustees for the preceding year or any two of them under their hands, of whichdue notice shall by them be given by written or printed notices thereof, to be put up in at least three of the most public places in such unincorporated Village. XLVI. And be it enacted, That if at the time and place appointed for any first or subsequent election of Trustees, for any such unincorpo- rated Village, the person appointed to preside thereat shall rot attend within one hour after the time appointed for commencing the proceed- ings, the resident inhabitant freeholders and householders of such Vil- lage, or a majority of them may, if they think proper, proceed to nominate a person to preside at such meeting, and the election of Trus- tees for such year shall be held by such person, as if he had been the person appointed by the Municipal Council of the County or by the Trustees for the preceding year as aforesaid. XLVII. And be it enacted, That upon the happening of any vacancy by death or otherwise, amongst the Police Trustees of any such unin- corporated Village in the course of the year for which they shall have been elected, it shall and may be lawful for the remaining Trustee or Trustees by a memorandum in writing, to be filed with such Township Clerk as aforesaid, to supply such vacancy by the appointment of Trustees or a Trustee in their or his place, which Trustees or Trustee so appointed, shall hold his office to the end of the term of office of the person in whose place he shall have been appointed, and no longer, and shall, during the lime he shall hold the same, possess all the authority of such person. XLVIIT. And be it enacted, That any Inspecting or other Trustee of any of the said unincoi-porated Villages, who shall wilfully neglect or omit to fulfil any of the duties herebyMmposed upon him, or to prosecute any offender against the Regulations of Police hereinafter estai: hed, for such unincorporated Villages, at the request of any inhabitant householder, ofi'ering to adduce proof of the otfencc, shall, on being thereof convicted in manner hereinafter provided, incur a penalty of twenty shillings, currency. XLIX. And he it enacted. That the penalties prescribed in and by the next immediately preceding section of this Act, or underthat for the establishment of Regulations ofPolice for such unincorporated Villagei, shall be sued for within ten days after the offence for which they shall have been mcurred shall have ceased, and not afterwards. B i? Proviso as to Tenants of parts or liouscs. Proviso Jis lo (|unlilicationul' elcctorn. Ap|:ointinent of licrsons to pre- side nt nnnuni elcctiona. Provihion iricnso of absence of person appointed to preside al election. Provieion in cntc of vacancy among the Police Trugtees. Penalty aiiainsC Trustees for neglect of duty. Penalties to lie sued for within u curtain time. 18 POLICE VILLAGES. Pennlties to be tued for and recovered by Inspecting Trustee. How levied. How applied. Police regula- tions to lie en- forced witti respect to— Ladders on roofs; Buckets ; Bakers, Brew- ers, Sec. Stove pipes } L. And be it enacted, That all penalties incurred by any person or persons, under any of the Regulations of Police, by the next succeed- ing section of this Act, established for such unincorporated Villages, shall be sued for and recovered by the Inspecting Trustee of Police of such Village, or in his absence, or .vhen he shall be the party com- plained against, then by some other of such Trustees before any one Justice of the Peace having jurisdiction and residing within five miles of such Village, if any there be, or else before any other Justice of the Peace having jurisdiction as such, in such Village, who shall hear and determine such information in a summary manner, and upon the oath or affirmation of one or more credible witnesses, and shall canse such penalty to be levied by distress and sale of the goods of the odender; and the whole of such penalty shall be applied to the repairs and im- provement of the streets and lanes of such Village, under the direction of the Police Trustees thereof, and by the Pathr . ister or Fathmasters of the division or divisions to which sach Village sh 11 belong, to whom or such of them as shall be appointed by such Trustees for that purpose* such penally shall be paid over for that purpose. LI. And be it enacted, That it shall be the duly of the Police Trus- tees of every such unincorporated Village to execute and enforce, and cause to be exeeuted and enforced, within the limits of such Village, the Regulations of Police herein and hereby provided aud established for all such Villages, that is to say ; Firstly. All and every the proprietors and proprietor of a house or houses of more than one story in height, in any of the 8aid Villages, shall place or cause to be placed a ladder or ladders on the roof of their respective houses, near to or adjoming the chimney or chimneys thereof, and another ladder reaching from the ground to the roof of each and every of their resppritive houses as aforesaid, under the penalty of five shillinsrs currency, for every neglect so to do, and of ten shillings currency, for each and every week during which they shall neglect to provide them- selves with such ladder or ladders as aforesaid. Secondlij. All and every householder or householders in the said Vil- lages shall be held to furnishand provide himself or themselves with two buckets, fit and proper for carrying water, in case of accidents by fire, under the penalty of five shillings currency, for each bucket which may be deficient. Thirdly. It shall not be lawful for any baker, ^70tter, brewer, manu- facturer of pot and pearl aslies, or any other persoi, to build, make or cause to be built and constructed, any oven or furnace within the limits of any of the aforesaid Villages, unless the same adjoin and be properly connected with a chimney of stone or brick, which chimney shall rise at least three feet higher than the house or building in which the said oven or furnace may be, and three feet higher than any building within one chain of the saiit oven or furnace, under a penalty which shall not exceed ten shillings currency, and for non-compliance with this regulation, the offender shall incur a penalty of fifteen shillings currency, for each week during which he shall neglect to comply therewith. Fourthly. It shijlf iwl be lawful for any person in any of the said Villages to conduct any stove pipe through any wooden or lathed parti- tion or through any floor, unless there be a space of six inches between the pipe and the paitition or floor, or the nearest wood-work, and the pipe of every stove shall be inverted into a chimney, and there shall be left at ) ast ten inches in the clear between any stove and any wooden or lathed partitions, or other wood-work, and each and every person offending against this regulation shall incur a penalty of ten shillings currency. A POLICE VILLAGES. 19 any person or next succeed- )rated Villages, ee of Police of the party corn- before any one ithin five miles r Justice of the shall hear and upon the oath hall cause such )f the offender ; 3pairs and im- er the direction r Patlimasters of mgf to whom or for that purpose » he Police Trus- .nd enforce, and of such Village, aud established jr of a house o» e paid Villages, the roof of their liimneys thereof, )f each and every of five shillinjjs gs currency, for provide them- in the said Vil- hemselves with of accidents by (h bucket which brewer, manu- build, make or rithin the limits 1 a;nd be properly [ney shall rise at r the said oven Of nthin one chain |l not exceed ten regulation, the for each week any of the said lor lathed parti- linches between jwork, and the Id there shall be Istove and any lach and every penalty of ten •1 Fifthly. Any person or persons who shall enter into any mill, barn, out- house or stable within the limits of any of the said Villages with a lighted candle or lamp, without having the same well inclosed in a lantern, shall for every such offence incur a penalty of five shillings currency, and any person or persons who shall enter into any mill, barn, stable or oui-house, within the limits of any of the said Villages, with a lighted pipe or cigar, or carry fire not properly secured into such barn, stable, or out- house, shall for every such offence incur a penalty of five shillings currency. Sixthly. No person or persons shall be allowed to light or have a fire in any ..'ooden house or out-house, of any description, within the limits of any of the said Villages, unless the same be in a brick or stone chimney, or in a slove of iron or other metal, under a penalty of five shillings currency, for each offence. Seventhly. All and every person or persons who shall carry or convey fire into or through any street, lane, yard, garden or place, in any of the said Villagesor cause fire to be so carried or conveyed without having the same confined in some copper, iron, or tin vessel, shall for every such offence, incur a penalty of two shillings and six-pence currency, and for every subsequent offence of a like nature, a further penalty of five shillings currency. Eighthly. Any person or persons who shall put or cause to be put or placed any hay, straw or fodder, in any dwelling house, within the limits of any of the said Villages, shall incur a penalty of five shillings currency for the first offence, and a penaUy often shillings currency for every week during which he or she shall neglect to remove the said hay or straw from the said dwelling house. Nirdhly. All and every person or persons who shall keep or have gun- powder for sale, in any of the said Villages, shall keep the same in boxes of copper, tin or lead ; and for every omission or r^eglect so to do, such person or persons shall incur a penalty of twenty shillings for the first offence, and forty shillings for every subsequent offence. Tenthly. Any person or persons in any of the said villages, who shall sell or permit gun-powder to be sold at night in his or their houses, store-houses or shops, out-house or other building, shall on being thereof convicted, incur a penalty of forty shillings currency for every first of- fence, and of sixty shillings currency, for every subsequent offence. Eleventhly. Any person or persons who shall in any of the said Villages keep or deposit any ashes oi- cinders of any kind, (ashes in the pos- session of manufacturers of pot and pearl ashes excepted,) in any wood- en vessel, box or other thing not lined or doubled with sheet iron, tin or copper, SG as to prevent all danger of fire or combustion from such ashes or cinders, shall for every such offence incur a penalty of five shillings currency. Twclfthly. Any person or persons who shall in any of the said Villages place or deposit any quick or unslacked lime in any house, out- house or building, so that such lime may be in contact with or touch any wood thereof, whereby there may be any danger of fire or combus- tion, shall for every puou offence incur a penalty of five shillings cur- rency, and a further penalty of ten shillings currency, for each day until such lime shall be removed or secured, to the satisfaction of such Inspecting Trustee, and in such manner as not to cause any danger of accident by fire. Thirteenthly. Any person who shall light a fire in any of the streets, lanes, or public places of any of the said Villages, shall for every such offence incur a penalty of five shillings currency. Eniering rcrtain places with cnn- dlc!'. &.C. Lighting fires in wooilnii iiouses, &c. UsiiiK vessels for conveying liie ; Ilay, Straw, &c in (Iwtlling houses ; Keeping of Gun- powder •, Sale of Gun- powder at night I DejiOBltof Ashes, &c. Quick lime ; Lighting fires in Btreeu \ 20 INCORPORATED VILLAGES. Charcoal fur- naces ; Filth, Rubbish, Slc. Inliabitants of VlllascB mei- tloticd ill Sche- dule A. incor- porated. Corporate powers. Election of Township Coun- cillorti, &c. Election of a Towiireeve. Appointment of Returning Officer, Case in which (he Governor may uppoint a Returning Officer. Placet of holding election, nnd notice thereof. Returning Offi- cers to procure copy of Collec- tor's Roll. Fourteenthly. No person or persons s'jall erect or cause to be erected any furnace for making charcoal of wood within the limits of any of the said Villages, under a penalty of twenty shillings currency. Fiftcenthly. All and every person or persons who shall throw or cause to be thrown any filth, rubbish or ordure, into any of the streets, lanes, or public places within the limits of any of the said Villages, shall, for every such offence, incur a penalty of two shillings and six pence cur- rency and of five shillings currency for every week (furing which they shall ne<»lect to remove the same, after notification to that effect by the Inspect- ing Trustee, or some other person authorized by him for that purpose. IV. INCORPORATED VILLAGES. LII. And be it enacted. That the inhabitants of every Village in Upper Canada, mentioned in the Schedule to this Act an.iexed marked A, and intituleJ, ** Incorporated Villages," and the inhabitants of each and every other Village, Hamlet or place which shall hereafter by Pro- clamation under the Great Seal of this Province be erected into an Incorporated Village in the manner prescribed by this Act, shall be a Body Corporate apart from the Township or Townships in which such Village shall be situate, and as such shall have perpetual succession and a Common Seal, with such powers within the limits of such Village as are by this Act conferred upon the inhabitants of the different Town- ships in Upper-Canada within the limits of such Townships respectively, and the powers of such Corporation shall be exercised by, through, and in the name of the Municipality of such Village. LIII. And be it enacted, That on the first Monday in January in each year, and \n case of Villages hereafter to be erected and incorporated by Proclamation as aforesaid on the first Monday in January next after the end of three calendar months from the teste of such Proclamation, and on each succeeding first Monday in January thereafter, there shall be held an election by voters qualified in like manner with the voters at elections of Township Councillors, for five Councillors for each of such Villages ; and a Townreeve for each of the said Villages shall be thereafter elected from amongst the Councillors of such Village, in like manner as Townreeves are appointed by this Act to be chosen or elected for every Township as aforesaid. LIV. And be it enacted, That in each of the said Villages which has been heretofore incorporated, whether under ihe name of Town or Village, or for which there have been Police Trustees appointed, the Clerk of the Board of Police or Town Clerk, or the Inspecting Trustee, as the case may be, shall be the Returning Officer for the first election to beheld under this Act, and at each succeeding election the Village Clerk of such Village, for the time being, shall be the R'^turning Officer. LV. And be it enacted, That in case of an election in any Village where there shall not have been a Clerk of the Board of Police or a Town Clerk, or an Inspecting Police Trustee, or which shall not have been before incorporated, it shall and may be lawful for the Governor of this Province to appoint a Returning Officer to hold the first election for such Village under this Act. LVI. And be it enacted, That the Returning Officer for every such Village shall appoint the place for holding buch Village election, of which appointment he shall give notice, by posting the same at least ten days before the election, in at least three public places in such Village. LVII. And be it enacted. That it shall be the duty of the Returning Officer, for each of the said Villages, to procure a correct copy of the Collector's Roll for such Village or of the Rolls for Rolls for the ..V I be erected if any of the row or cause reets, Janes, !8, shall, for L pence cur- ch they shall the Inspect- it purpose. ry Village in exed marked tants of each safter by Pro- cted into an :t, shall be a 1 which such si succession ' such Village fFerent Town- respectively, by, through, inuary in each icorporated by next after the llamation, and lere shall be the voters at for each of ages shall be „_,e, in like sen or elected res which has of Town or ipointed, the ting Trustee, first election n the Village rning Officer. n any Village Police or a hall not have e Governor of it election for or every such ! election, of same at least laces in such Ihe Reluming It copy of the IRoUs for the I INCORPORATED VILLAGES. ^ Township in which such Village i? situate, so far as sucli Rolls or either of them exhibit the names of the freeholders and householders rated upon such Roll or Rolls within the limits of such Village, with the amounts for which they shall be respectively assessed upon such Roll or Rolls, each of which said copies shall be verified in like manner as the copies of Collectors* Rolls produced at the Township Elections, as hereinbefore provided : Provided always, that no person shall be quali- fied to be elected as a Village Councillor who shall not be possessed, to his own use, of real estate held by him in fee or freehold, or for a term of twenty-one years or upwards, of which at least seven years remain unexpired, situate within the Village for which he is elected, of the assessed value of two hundred and fifty pounds, or unless he shall be a tenant from year to year, or for a terra of years, of all property within such Village, at a bona fide rental of twenty pounds per annum or up- wards, or shall be in the receipt of twenty pounds or upwards of yearly rent or profit accruing from or out of real property within such Village ; and the male inhabitants being either freenolders or householders upon such Roll or Rolls and resident at the time of the election, and who shall appear in the said Roll or Rolls to have been assessed either as proprietor or tenant for a house or houses, or for land or for both, to the value of twelve pounds ten shillings currency, within the limits of such Village, and none other, shall be entitled to vote at such Village election. LVIII. And be it enacted, That when and so often as any Police or other Village Hamlet or place in Upper Canada not incorporated by name under this Act, together with the immediate neighbourhood thereof, shall be found by the Census Returns for the same to contain over one thousand inhabitants whose residences are or shall be collected within a convenient neighbourhood or proximity to each other, to form an Incor- porated Village, it shall and may be lawful for the Police Trustees of such Village, if the same shall be a Police Village, or for any number of resident freeholders or householders of such Village, Hamlet or place, in case it shall have no Police Trustees, not less than one hundred, to petition the Governor of this Province that such Village, Hamlet or place may be erected into or set apart as an Incorporated Village, and the inhabitants thereof incorporated under this Act ; and upon such petition, it shall be lawful for the Governor of this Province, by an Order in Coun- cil, to issue a Proclamation under the Great Seal of this Province brecting or setting apart such Village, Hamlet or place into or as an Incorpo- rated Village, by a name to do given in and by such Proclamation, and to set forth in such Proclamation proper boundaries for such Village, including within such boundaries any portion of the Township or Town- ships which, from the proximity of !;treets or buildings therein, may con- veniently be attached to such Village, Hamlet or place, and when such Village shall have grown up on the- confines of two or more Counties, so as to lie partly within the limits of each, to annex the whole of such Village as incorporated to some one of such Counties exclusively ; and the inhabitants of such Village shall, on, from and after the first day of January next after the end of three calendar months from the teste of such Proclamation, be incorporated, and the said Village shall become an Incorporated Village apart from the Township or Townships in which it is situate, and the first election foi such Village shall be helil in the manner hereinbefore prescribed on the first Monday in that month, and such Village shall from thenceforth form a part of the Coun- ty to which it shall have been so annexed as aforesaid, and shall bo subject to the same regulations and provisions of Law, and shall have the same immunities and privileges as a Village named in the said Schedule to this Act annexed marked A, as fully as if such Village had been mentioned therein, 21 Proviso : who may he elected or vote as an elector. Pr.- isiOM with respect to the incorporation of Village!* in wliirli the populntion (■hall increase to a certain number Petition to tho Governor. Action upon such re iiion. Incorror.Klon anng, mjurinj^ _. . g or walk, crossing, ly such wharf, )r water by any vehicles, ves- things whatso- ny time of any or obstructions ry lines of any g, alley, lane, ck, slip, drain, jres and banks le real properly 3und. xing, marking, fhways, roads, ications, and of es to the same, houses at the h such Village m or sums of loan or other- wise. Bcgulattne roarketr, £c. ForeBt.'ilIitiff or mono[K)ly, &c WeiKliU and Measures. money, in aid of such other moneys as may be raised by the Municipal Corporation of such County or Counties, or by voluntary subscrip- tions, for or towards the making, opening, or erecting of any new road or bridge or ihe bounds of such Village. Sixthly. For regulating and managing any existing market, and for establishing, regulating, and managing any new market, for preventing the selling or vending by retail in the public highways any meat, vege- tables, fruit, cider, beer or other beverage whatsoever ; for regulating the place and manner of selling and weighing butchers' meat, hay, straw, fodder, wood, lumber and fish ; for restraining and regulating the purchase and manner of selling all vegetables, fruit, country produce, poultry, and all other articles or things, or animals exposed for sale, or marketed in the open air ; for preventing the forestalling, regrating or monopoly of market grains, meats, fish, fruits, roots and vegetables ; for restraining and regulating the purchase of any such things by hucksters ,i> or runners living within such Village or within one mile (listant from the outer limits thereof ; for regulating the measurement, length and weight of coal, lime, shingles, laths, cordwood and other fuel ; and for imposing penalties for light weight, or short count or measurement in any thing marketed ; for appointing Inspectors for regulating weights and measures in the markets, and within such Village accorcfing to the lawful Standard, and for visiting all places wherein weights and meas- i ures, steelyards or weighing machines of any description are used I within such Village, and for seizing and destroying such as are not accord- i' ing to such Standard ; and for imposing and enforcing the collection of penalties upon any person or persons therein who shall be found in the ^ possession of unstamped or unjust weights, measures, steelyards or other I weighing machines, for regulating all vehicles, vessels and other things f in which any thing may be exposed for sale or marketed in any high- way, street or public place, and for imposing a reasonable charge or I duty thereon, and establishing the mode in which it shall be paid ; for seizing and destroying all tainted and unwholesome meat, poultry, fish, or articles of food ; and for distraining butchers' meat for the rent of market stalls, and for selling the same after six hours' notice^ Seventhly. For regulating any harbour lying within the limits of such Village, and the vessels, crafts and rafts arriving in it ; for imposing and collecting such reasonable harbour dues thereon as may serve to keep such harbour in good order, and provide for the payment of a Harbour Master, and the erection and maintenance of the necessary beacons I therein ; for regulating and providing for the erection and rent of wharves, I piers and docks in the said harbour, and for preventing the filling up or I encumbering of any such harbour. I Ejg-A/%. For regulating the assize of bread, and preventing the use Assize of bread of deleterious materials in the making thereof: and for providing for the seizure and forfeiture of bread baked contrary thereto. Vehicle!. Unwiioleionie meats. Regulating har- bours, Sec. Harbour dues, Beacons, 4tc. Wharves, &c. Ninthly. For enforcing the due observance of the Sabbath ; for pre- venting vice, drunkenness, profane swearing, obscene language, and any other species of immorality and indecency in the streets or other public places, and for preserving peace and good order ; for preventing the excessive beating or cruel and inhuman treatment of animals on the public hi|Thways of such Village ; for preventing the salp of any intoxi- cating drink to children, apprentices or servants without the consent of their legal protectors ; for suppressing and imposing penalties on the keepers of low tippling houses and houses of ill fame visi.ed by disso- lute and disorderly characters; for licensing and regulating victuallin'' houses or other houses of refreshment where spirituous liquors are not sold ; for the regulation of all public billiard tables, and for licensing Observance of Sabbath, pre- venting vice, &c. Cruelty to ani- mals. Tippling houses, ice. Victiinlling houses Sea, 9A INCORPORATED VILLAGES. Gninliling. Vagrancy. Exiiibitions. Public nuisances Use or Firearma. nnlliing. Cliarivnties, Sec. 0!)scene lang- uage, &c. Lock-up houses, dec. Public fountnlns, Gunpowder, &c. Fire in certain pinces. Aahcs. ('iiimnici. regulating or preventing bowling alleys or other places of amusement ; for I'eculaling or preventing, restraining or suppressing horse-racing and gambling houses, and for entering into them and seizing and destroying iaro-banks, rouge-et-noir, and roulette-tables, and other devices for f ambling ; for restraining and punishing all vagrants, drunkards, vaga- onds, mendicants and street beggars, and all persons found drunk or disorderly in any street or public place in such Village ; for restraining or regulating the licensing of all exhibitions of natural or artificial curiosities, theatres, circuses, or other shows or exhibitions kept for hire or profit. TentMy. For abating and causing to be removed all public nuisances ; for regulating the construction of privy vaults ; for causing vacant lots in central situations when they becomo nuisances to be properly enclosed ; for regulating or preventing the erection or continnanee of slaughter houses, gas works, tanneries, distilleries or other manufactories or trades which may prove to be nuisances ; for preventing the ringing of bells, blowing of horns, shouting and other unusual noises in the streets and public places ; for preventing or regulating the firing of guns or other fire arms ; for preventing or regulating the firing or setting off of fire balls, squibs, cracKers or fire-works ; for preventing or regu- lating the washing or bathing in any public water in or near such Vil- lage ; for preventing and punishing parties engaged in charivaries and other like disturbances of the peace ; for preventing any indecent iMiblic exposure of the person, or other indecent exhibition whatsoever ; for preventing profane swearing and the use of blasphemous, obsceue or indelicate language. Eleventhly. For establishing, maintaining and regulating one or more public lock-up-houses in and for such Village for the detention and im- prisonment of all persons sentencetl to an impr sonment of not more than ten days, under any of the By-laws of such Village, and of all other persons lawfully detained in custody for examination before a .Justice of the Peace or other competent authority on any charge of hav- ing committed any offence against the Law or the By-laws of such Village, or detained for the purpose of his transmission to any common gaol or house of correction upon commitment or otherwise either for trial or in the execution of any sentence that may have been passed upon him, either by a Justice of the Peace or other competent authority in that behalf. Twelfthly. For the establishing, protecting and regulating of public fountains, wells, pumps, cisterns, reservoirs and other conveniences for the supply of good and wholesome water or for the extinguishment of fires, and to make reasonable charge for the use thereof; and for pre- venting the waste and fouling of public water. Thirteenthly. For regulating the keeping and transporting of gun- powder and other combustible or dangerous materials ; and for erecting, regulating and providing for the support by fees of a Village Magazine for the storing of gunpowder belonging to private patties, and for com- pelling persons to store therein ; for preventing or regulating the use of fire, lights, or candles in livery or other stables, cabinet-makers and carpenters' shops, and combustible places ; for preventing or regulating the carrying on of manufactories or trades dangerous in causing or pro- moting fire ; and for regulating the mode of removal and requiring the safe keeping of ashes in proper deposits ; for regulating, removing or preventing the construction of any chimney, flue, fire-place, stove, oven, boiler or other apparatus or thing in any house, manufactory or business which may be dangerous in causing or promoting fire ; for regulating the construction of chimnies jis to the dimensions and thickness, and i the c and f or otl by re the stairs be ap upon pose the in raann natior and preset pressii buildi ing an for pn themsi whom Fow wareh< places for dirt ing fir firemer dient f( nies an . I of the ( I the 8pr£ 1 the inte of bills sextons regulati i Sixtet '"' metery such Vi % may th I purchas ^ and for I and prot I Seven ' horses o and for p side-wa Eight *; seines, t - other fis jarisdict ' Ninete houses, I spirituou eaten or 7 tainmen I such Vi i there ex INCORPORATED VILLAGES. 25 f amusement ; rse-racing and and destroying er devices for unkards, vaga- Dund drunk or for restraining ral or artificial IS kept for hire blic nuisances ; ing vacant lots 3 be properly continnanee of r iTianufactoriea iig the ringing I noises in the 2; the firing of firing or setting enting or regu- near such Vil- charivaries and indecent iMiblic Arhatsoever; for )us, obscene or ing one or more tention and im- snt of not more ige, and of all nation before a charge of hav- y-laws of such any common either for trial n passed upon nt authority in It ing of public Inveniences for linguishment of ; and for pre- borting of gun- |nd for erecting, Lige Magazine and for com- ling tlie use of let-makers and Ig or regulating causing or pro- requiniit the I, removing or le, stove, oven, jry or business [for regulating lihickness, and the carrying of the same to a proper height above the roofs of buildings, and for enforcing the proper sweeping or cleaning of the same by licensed or other chimney sweepers ; for guarding against the calamities of fire by regulating and enforcing the erection of party walls; for compelling the owners and occupants of houses to have scuttles in the roofs, and stairs and ladders leading to the same, and for authorizing the Officer to be appointed for that purpose to enter at all reasonable times or hours upon the properly of any party subject to such regulations for the pur- pose of ascertaining that the same are properly obeyed ; for requiring the inhabitants of such Village to provide so many fire-buckets, in such manner and time as they shall prescribe, and for regulating ihe exami- nation of them and the use of them at fires; for regulating the conduct and enforcing the assistance of the inhabitants present at fires, and the reservation of property thereat ; for making regulations for the Kup- )ression of fires and the pulling down or demolishing of adjacent houses, juildings or other erections for that purpose ; for purchasing and establish- ing and regulating Fire, Hook, Ladder and Property Saving Companies ; for providing medals or rewards for persons who shall distinguish themselves at fires, and for assisting the widows and orphans of persons who may be killed by accidents occurring at such fires. Fourteenthly. For entering into and examining all dwelling houses, warehouses, shops, yards and outhouses, for ascertaining whether any such places are in a dangerous state, with respect to fire or otherwise, and for directing them to be put in a safe and secure condition ; for .ippoint- ing fire wardens and fire engineers ; for appointing and I removmg Party walU. Laddcrfl. Fire niickets, tec. Fire Companies. Fxaminini; dwelling; liouseR, &.c.,wiih respect to danger from fire. firemen ; for making such rules and regulations as may be thought expe dient for the conduct of such Fire Companies, Hook and Ladder Compa- nies and Property Saving Companies as may be raised with the sanction of the Corporation of such Village. Fifteenihly. For providing for the health of the village and against the spreading of the contagious or infectious diseases ; for regulating the internfient of the dead, and for directing the returning and keeping of bills of mortality ; and for imposing penalties on physicians, sextons and others ^or default in the premises; and for providing and regulating one or more Public Cemeteries for the interment of the dead. Sixleenthly. For laying out, improving and regulating any Public Ce- metery for the burial of the dead that they may obtain and establish for such Village, and for selling or leasing such portions thereof as they may think proper, and for declaring in the conveyance thereof to the purchasers or lessees, the terms on which such portions are to be held, and for making such other regulations for the improvement, ornament and protection of such Cemetery as they may think necessary and proper. Seventeenthly. For preventing the immoderate riding or driving of horses or cattle in any of the public highways or streets of such Village; andforpreventingtheleading, riding or driving of horses or cattle upon the side-walks of the streets of such Village, or other improper places therein. Eighteenthly. For regulating or preventing the fishing with nets or seines, the use of fishing lights, or the erection or use of weirs for eels or other fish in any harbour, river or public waier within the limits of the jurisdiction of the Corporation of such Village. Nincteenthly. For regulating inns, taverns, ale houses, vicfualliiig houses, ordinaries and all houses where fruit, oysters, clams, victuals or spirituous liquors, or any other manufactured beverage may be sold, to be eaten or drank therein, and all other places for the reception and enter- tainment of the public within the jurisdiction of the Corporation of such Village, and to limit the number of them, and in all cases when there exists no other provision by law for the licensing of such houses, Healtliofilie village, Slc. Billsof mor- tality, &c. Public Cemete- ries, &c. Immodornio drivinu Sec. FishinR with nets, &c. Inns, Taverns, fcc. Licensing in certain cases. 2G INCORPORATED TOWNS. Injuring of Trees, «c. Borrowing iiioiiey*. Levying uioiicyH. By-laws for car- rying tlieir Cor- poraie powers Inio execution. General provi- sion as to By- laws. Proviso as to fines. Proviso Repbrtling or nniendiug By-laws. to provide for the proper licensing of the same, at such rates as to the Corporation of such Village may seem expedient, the proceeds of su'^h license, in cases not otherwise appropriated by law, to form part of the public funds of such Village, and to be disposed of as the said Corpora- tion may consider advisable. Twenlicthly. For preventing the injuring or destroying of trees plant- ed or growing for shade or ornament in such Village, and for preventing the pulling down or defacing of sign boards. Twenty-fir slly. For borrowing under the restrictions, and upon the security hereinafter mentioned, all such sums of money as shall or may be necessary for the execution of any village work within the jurisdic- tion and the scope of the authority by this Act conferred upon them. Twenty-sccondly. For raising, levying and appropriating such moneys as may be required for all or any of the purposes aforesaid, by means of a rate or rates to be assessed equally on the whole rateable property of such Village, according to nny law wkich shall be in force in Upper Canada, concerning rates and assessments. Tweniy-thirdly. For making all such other By-laws as maybe ne- necessary and proper for carrying into execution the powers herein ves- ted or hereafter to be vested in the Corporation of such Village, or in any Department or Office thereof, for the peace, welfare, safety and good government of such Village, as they may from time to time deem expe- dient, such By-laws not being repugnant to this or any other Act of the Parliament of this Province or of the Parliament of Upper-Canada, or to the general laws of that part of this Province : Provided always, nevertheless, firstly, that no person shall be subject to be fined more than five pounds, exclusive of costs, or to be imprisoned more than thirty days for the breach of any By-law or regulation of such Village : And provided also, secondly, that no person shall be compelled to pay a greater fine than ten pounds for refusing or neglecting to perform the duties of any Municipal office when duly elected or appoir.ii?d thereto. Twenty-Jour Ihly. For the repeal, alteration or amendment from time to time of all or any of such By-laws an the making others in lieu thereof as to them may seem expedient for the good of the inhabitants oi: such Inhabitants of towns mentioned in Schedule U, ■A.C., incorpo- rated. Corporate powers. flow exercised. Three Council- lors to be chosen for every Ward. Election when to take plac«. Appoiniinent of Rpiurning Officer. Village. V. TOWNS. LXI. And be it enacted. That the inhabitants of each of the Towns mentioned in the Schedule to thi.s Act annexed marked B, and intituled, "Towns," and the inhabitants of all such Villages in Upper Canada as shall be erected into Towns by and under any Proclamation to be issued in that behalf under this Act, shall severally be a Body Corporate, with ihe same Corporate powers as the inhabitants of Villages incorporated under this Act, except in so far as such powers may be hereby increased, lessened or otherwise modified ; and such powers shall be exercised by, through and in the name of the Town Council of each of such Towns respectively. LXII. And be it enacted, That for every Ward within the limits of any such Town, there shall be chosen three Councillors by the male resident freeholders and householders of such Ward. LXIII. And be it enacted. That the elections for each of the said Wards shall take place on the first Monday in January in each year. LIV. And be it enacted, That the Municipality, Town Council or Board of Police in office in each of the said Tow s or Villages when this Act shall come into force, or who shall be in office when the Pro- clamation shall issue, erecting such Village into a Town as aforesaid, shall thereii electic public and th electit eachV Counc like m such e LX^ having a Wart •hall any su( » Collect same s the Wa respect shall b( , be proc Tided a ielectior him, in ■: upward ^Town {( I pounds, I years, o Ipound^ ■?or upwa .[within E ■ the mal< be entei Ward al , . Roll to 1 4 fur land, ^: other. I LXVJ I said yea I and choc I have th( I the Tow v| the Coui M the plac ' such To LXVI have all respect < '\ rated un LXVI I of Corre< Ji every su ^; Court H( J County, ^ House oi I duly dist t or autho) INCORPORATED TOWNS. 27 ;h rates as to the proceeds of su'^h I form part of the he said Corpora- ng of trees plant- nii for preventing s, and upon the y as shall or may ihin the jurisdic- rred upon them* )ropriating such ses aforesaid, by le whole rateable shall be in force '8 as may be ne- »wers herein ves- Village, orin any safety and gt)od time deem expe- f other Act of the Jpper-Canada, or Provided always, to be fined more J more than thirty ich Village: And npelled to pay a g to perform ihe )poir.iL>d thereto. ment from time 3rsin lieu thereof labitants oi such I of the Towns ), and intituled, 'pper Canada as ition to be issued Corporate, with ges incorporated ereby increased, )e exercised by, of such Towns hin the limits of rs by the male aoh of the said in each year. )wn Council or Villages when when the Pro- ■vn as aforesaid, shall appoint a Returning Officer for each Ward, to hold the first election therein ; and such Returning Officer shall fix the place for ihe said election, and give notice thereof by posting tho same in at least three public places within his Ward, at least ten days next before the election ; and that on the first Monday in January in every succeeding year, a like election shall be held, and the Returning Officers and places within each Ward for such elections shall be chosen and appointed by the Town Council in office next before such election, and public notice shall in like manner be given by such Returning Officer of the place of holding such election. LXV. And be it enacted, That it shall he the duty of any person having custody of the Collector's Roll, i..jluding any Ward or poition of a Ward of any such Town, to furnish to the Returning Officer, and it ■hall be the duty of each Returning Officer, at least twenty days befor(! any such election, to procure from such Officer having custody of the Collector's Roll or Rolls as aforesaid, a true copy thereof, so far as the same shall contain the names of the freeholders and householders within Ihe Ward of such Returning Officer, with the amount for which they are respectively assessed upon such Roll, and every of which said copies shall be verified in like manner as the copies of the Collector's Rolls to be procured at the Township elections as hereinbefore provided : Pro- vided always, that no person shall be qualified to be elected at such jelection, who shall not be seized to his own use of real estate held by him, in fee simple or in freehold, or for a term of twonty-one years or upwards, cf which at least seven years remain unexpired, within the ; Town for which he is elected, of the assessed value of three hundred pounds, or unless he shall be a tenant from year to year or for a term of years, of real property, within such town, at a bona fide rental of forty Ipound^er annum or upwards, or shall be in the receipt of forty pounds i^or upwards of yearly rent or profit, accruing from or out of rsal property within such Town; and the Councillors aforesaid shall be chosen by jthe male inhabitants, being either freeholders or householders, who shall be entered on such Roll, and who shall continue to reside within such Ward at the time of the election, and who shall appear upon the said ... Roll to have been assessed either as proprietors or tenants for a house or :; for land, or for both, to the value of twenty-five pounds, and by none other. LXVI. And be it enacted. That on the second Monday next after '.ae isaid yearly election, the Councillors so elected in any Town shall meet [and choose from amongst themselves a Mayor for such Town, who shall J have the same powers within such Town as are hereinbefore vested ir\ ,f the Townreeve of a Village ; aid the Mayor and Councillors shall form i the Council of such Town ; and the said first meeting shall be held at i the place where the Municipality, Board of Police or Tov/n Council for such Town shall have held their usual meetings. LXVII. And be it enacted, That the Council for such Town shall have all and singular the powers, duties and liabilities within and in f- respect of such Town which the Municipality of any Village incorpo- rated under this Act may or can lawfully use or exercise therein. LXVIII. And be it enacted, That the Gar), Court House, and House i of Correction of the County within the limits or on the borders of which every such Town shall be situate, shall be and continue to be the Gaol . Court House and House of Correction of such Town as well as of such I County, and the Sheriff, Gaoler and Keeper of such County Gaol and 1 House of Correction, shall be bound to receive and safely keep, until f duly discharged, all persons committed thereto by any competent power I or authority of such Towa. Place of election to be lixcd. Election! to ba lield yearly. Copy of Col lec- tor's roll 10 be fiiniiBherl to Re- turnin" Officer. A I testation of Bucli copy. Proviso : who may be elecieil or vote 38 elector!. Election of Mayor. Town Council constituted. Meetings. Power*, &c., of Town Council. Provision with res|)ect to Gnol, Court House, &c. 28 INCORPORATED TOWNS. A roiici'omco rulnhliflicd iu eitcli Town : when ihp Mnyor ■Imllprcviilcntlt. Provlro ni lo holy-clays. I'ro vino with Icnve of Uie Mnyor, niiotlicr MtiglHirate may ■it. Appointment of Police MngiB- trates. Sninry. Priiviso : Police Mns!i!4tr:)tc not to lio iippoiiitrd eTrrpt upon petition of the t'oriiorntion. Police Mngis- trnto may sus- pend Chief Conataljic. Proviso «9 to teiiipornry Chief Constable. Oni'nccs nsininst By-laws, &.C., may lie prose- cm ed before Police Mapis- trat(i or Mayor. LXIX. And be it enacted, That there shall be in each of such Towns a Police OHioe, iit which it shall bo the duty of the Police Magistrate for such Town, or in hifl absence from sickness or other causes, or when there shall be no Police Magistrate for such Town, then it shall be the duty of tho Mayor thereof to attend daily, or at such times and for such period as shall be necessary for the disposal of the business to be brought oefore him as a Justice of the Peace for such Town : Provided always, firstly, that no such attendiince shall bo requited on Sunday, Christmas- day or (Jood Friday, or on any day appointed by Proclamation for a Public Fast or Thanksgiving;, unless in rases of urgent necessity ; And provided also, secondly, that it shall and may be lawful for any Justice of the Peace naving jurisdiction within such Town, at the request of the Mayor thereof, to sit for such Mayor at such Police OHice, in every of which cases the required attendance of the said Mayor at such Police OfKce shall be dispensed with. LXX. And be it enacted, That the Police Magistrates for the several Towns which shall be or remsin incorporated as such under this Act shall be appointed by the Crown during pleasure ; and every such Police Magistrate shall be fx officio a Justice of the Peace in and for the Town for which ho shall be appointed, and in and for the County within or on the borders of which such Town shall lie, and shall receive a salary of not less than one hundred pounds per annum, payable quarterly out of the Municipal funds of such Town : Provided always, never- theless, that a Police Magistrate shall not in the first instance be appointed for any of such Town?, until the Corporation of such Town shall have communicated to the Governor-General of this Province, through the Provincial Secretary thereof, their opinion that such an Officer was required for the better conduct of the affairs of such Town and adminis- tration of justice therein. LXXI. And be it enacted, That every such Police Magistrate shall have the power of suspending from the duties of his office any Chief Constable or Constable of the Town of which he is the Police Magistrate for any period in his discretion, and that immediately after such sus- pension, he shall report the same, with the cause thereof, if he deem such Chief Constable or Constable deserving of dismissal for the cause of such suspension, to the Town Council of such Town, and the Town Council thereof shall thej ...on in their discretion dismiss such Chief Constable or Constable, or direct thtit he shall be restored to the duties of his office after the period of such suspension shall have expired, and during such suspension no such Chief Constable or Constable shall bo capable of acting in his said office except by the express permission of tho Police Magistrate of such Town in writing, nor shall such Chief Constable or Constable be entitled to any salary or remuneration for the period of such suspension : Provided always, that it shall be in the power of such Police Magistrate to appoint some fit and proper person to act as Chief Constable or Constable during the period of such suspension of any Chief Constable or Constable as aforesaid. LXXII. And be it enacted, That all offences against the By-laws of any of the said Towns, and all penalties for refusal to accept or be sworn into office in such Towns, and all other offences over which one or more Justices of the Peace have or shall have jurisdiction, committed within any such Town, may be prosecuted and sued for, tried and recovered before the Police Magisirate of such Town, or when there shall be no Police Magistrate in such Town, then before the Mayor of such Town, such Police Magistrate or Mayor, as the case may be, acting, either alone or assisted oy one or more Justices of the Peace for such Town, as the case may require ; and such Police Magistrate shall ex officio and th in and Lx: the sa perfor apperti Act of such LX> Towns of thi^ Ward pleasui dismii! LXX be con ' LXX^ laid Tov Ward of collect ti Collectoi duties it Ihat non( ' |uch offi C)inted t r the y Hounds i } LXXI In Upper its limit! the Mun tfovernoi lender th §a\d incli JjMrTowni i»f streets Town ar boundari v:|ind none ;|ind such le moni le teste subjei INCOUPoUATCl) TuWNS, 21) inch of such Towns Police Magistrate ler oausen, or when ^en it shall be the timoH and for such liness to be brought Proviiletl alwnyei, Jiinday, Christmas- Proclamation for a ;nt necessity ; And trful for any Justice it the request of the OHice, in every of lyor at such Police ales for the several ich under this Act ; and every such [^eace in and for the r the County within [id shall receive a 1, payable quaiterly led always, never- e first instance be I of such Town shall i Province, through uch an Officer was * i'own and adminis- ;e Magistrate shall office any Chief e Police Magistrate ely after such sus- hereof, if he deem issal for the cause wn, and the Town ismiss such Chief [stored to the duties have expired, and Constable shall bo s permission of the ch Chief Constable n for the period of the power of such on to act as Chief nsionofany Chief 1st the By-laws of il to accept or be over which one liction, committed led for, tried and |r when there shall Mayor of such |e may be, acting, le Peace for such [agistrate shall eX' officio bo a Justice of the Peace for such Town, and it shall be his duly and that of the Justices for sucli Town lo bo the conservators of the puace in and fur the same. LXXni. And be it enacted, That the Clerks of the Town Councils of the said Towns shall be Clerks of llie Police Oflices of such Towns, and perform the same duties and receive the same emoluments as now appertain lo Clerks of Justices of the Peace in U[)per Canuda, unless by Act of (tie Town Councils of such Town another Oliicer bo appointed for such purpose. LXXIV. And be il enacted. That there shall be in and for each of Iho Towns which shall be or remain incorporated as snch under the aulhority of this Act, one Chief Constable, and one or moro Constables for each Ward of such Town, who shall respectively hold their offices during the pleasure of the Town Council, but shall be liable to be suspended and dismissed as hereinbefore provided. LXXV. Ami bo it enacted, That nothing in this Act contained shall be construed to limit the power of the (iovernor of this Province to appoint under the Creut Seal thereof, any number of Justices of the Peace for any such Town. LXXVI. And be it enacted. That all oaths of Office of the Subordi- aate Officers of such Town, shall be tnken before the Mayor or Police Magistrate thereof, or before any one of the Justices of the Peace for •uch Town, who are hereby authorized tc administer the same. LXXVII. And be it enacted, That it shall and may be lawful for the Town Council of each of the said Towns, to select from among them- ^Ives one Townreeve, and when such Town shall have five liundred fesident freeholders and householders on the Collector's Roll thereof, Ihen also a Deputy-Townreeve for such Town, who shall be a Member of the Municipal Council of the County in which such Town is situate. '■r LXXVIII. And be it enacted, That the Town Council for each of the iaid Towns shall appoint three Assessors and one Collector for each Ward of the said Town, whose duty it shall be to make assessments and collect taxes within such Ward, in like manner as the Assessors and Collectors in the several Townships aforesaid are to perform the same guties in .le said Townships reapectively ; Provided always, firstly, lat none of the Town Councillors shall be eligible to be appointed to '|uch offices; and provided also, secondly, that no person shall be ap- C>inted such Assessor, unless ho shall oe rated on the Collector's Roll r the year preceding his appMutment, to the amouut of three hundred ^unds and upwards. f LXXIX. And be ii enacted, That whenever any Incorporated Village 'in Upper Canada, shall be found by the Census Returns to contain within its limits upwards of three thousand inhabitants, then upon petition of the Municipality of such Village, it shall atid may be lawfial for the Governor of this Province by an Order in Council to issue a Proclamation under the Great Seal of the Province erecting such Village into a Town, ^imd including within the boundaries thereof any portion of the Township jjlr Townships within which it may be situate, which from the proximity M streets Qr buildings thereon may conveniently be attached to such "Town and dividing the said Town into Wards by appropriate names and Jboundaries ; but no Town shall be so divided into less than three Wards, .^nd none of such Wards shall have less than five hundred inhabitants ; >nd such Town shall have an election by Wards on the first Monday in \e month of January next after the end of three calendar months from le teste of such Proclamation ; and such Town shall from thenceforth subject to the same regulations and provisions of law, and shall have Me kliall III' a J. 1*. VVliu ttlinll Ik; Cli-rkMort'olIco omcca. Their tluUc*. AppoiiiiiiH'iii of ('liuM'l'ijiitNalilea, Scr.., to IkjIcI ofriCL' (liiniiK pleiiitiircolTowii (-'ouiicll. Power of Oover- iior nitto iip|)oint- iiicrit of J. i*. not nflectctl. OaUi of OtUce of Hiihordiiiuit: Utlicers, hvloru whodi to be lakoii. Appointment of Townreeve, and Uepuiy-Town- reeve. Appoinuiicnt of AsacMHors and Collectore. Proviso. Proviso as to qualification. Prevision for the erection of nn incorporated Village into a Town on certain conditions. Number of VVarda. First election by Wards. Privileges as a Town, 30 INCORPORATED TOWNS. Town Council to lie composed of Councillors cleciert for tiie different Words: powers ind duties. Power of Town Councils to inalie Hy-laws for — Establishing Police. Work-house and house of correc- tion. Regulatini; erec- tion of buildings. Purchase of land for Industrial Farm, dec. Lighting with gns, oil, 4cc. Livery stable licenses, Sec. Public convey- ances. Assessments on re-nl property for special Improve- ments. Or for sweeping and watering streets, &c. the same immunities and privileges as a Town named in the said Schedule to this Act annexed marked B, as fully as if such Town had been menfionec? therein. LXXX. And be it enacted, That the Town Council of any such Town shall be composed of the Councillors elected by and for the different Wards of such Town, and shall have all such powers, duties and liabili- ties within and in respect of such Town as the Municipality of any Village shall have in respect of such Village ; and the Mayor of such Town and the other officers thereof shall have the like powers, duties and liabilities respectively within and in respect thereof as the Town- reeves and other Officers of any Incorporated Village shall have within and in respect of such Village. LXXXI. And be it enacted, That the Town Council of each of the Towns, which shall be or remain incorporated under the authority of this Act, shall moreover have power and authority to make By-laws for each or any of the following purposes, that is to say : Firstly. For establishing and regulating a Police for such Town ; for establishing and regulating one or more Alms-houses and Houses of Refuge for the relief of the poor and destitute ; for erecting and establish- ing and ilao providing for the proper keeping of any Work -house or House of Correction that may hereafter be erected in and for such Town ; for regulating the erecting of buildings and preventing wooden buildings from being erected in thickly built parts of such Towns. Secondly. For the purchase of such lands as they may deem necessary, for the purpose of an Industrial Farm for such Town, of not less than two hundred acres in extent within such convenient distance of such Town as they may deem expedient, and for erecting, or building there- on, such houses, buildings, yards andotherinclosures as may be deemed proper for the purposes of such farm. Thirdly. For defraying out of the funds of such Town, if necessary, the expense of lighting the same or any part thereof with gas, oil or other substances, and the performing of any kind of work required for the purpose, and for obliging the proprietors or occupiers of real property to allow such work to be done, and such fixtures placed in or about their premises as may be necessary for that purpsse ; such work and fixtures to be done at the e.vpense of such Town. Fourthly. For regulating and licensing the owners of Livery Stables, Horses, Cabs, Hackney-coaches, Omnibnsses, Carts and other Carriages used for hire in such Town, and for establishing the rates of pay or hire to be taken by the owners or drivers thereof, and for preventing runners, stage-drivers and others in the streets or public places from soliciting and teasing passengers and others to travel in any boat, vessel, stage or vehicle , Fifthly. For assessing the proprietors of such real property in any such Town as may be immediately benefitted by such improvements, for such sum or sums as may at any time be necessary to defray the ex- pense of making or repairing any common sewer, drain, flagging, posts or pavement in any public highway, street, square or place immediately opposite or near to such real property, and for regulating the time and manner in which such assessment shall be collected and paid. Sijothly. For raising, levying and appropriating at and upon the peti- tion of two thirds or upwards of the freeholders a.id householders resident in any particular street, square, alley or lane of such town, such sum or sums of money as may bo necessary to defray the expense of sweeping and watering such street, square, alley or lane by means of a special rate to be assessed equally on the whole rateable property in such street, square, alley or lane. i Sev herein cessar the so Eig be rec be 38 accord ing rat Nin, for car vested Ihereo Town being Provin of that no pen of costi By-la\A no pert for refu when c Tent of all o thereof, of such LXX Cities n intitulec Canada any Pre Bodies < and liab cept in i otherwii and in t such Ci Lxx: of any s and hou such Wi fnrnishe times as mon Coi Council! shall ha provisioi rated To Villages always, among ti person si who sha Real Est lor whici INCORPORATED CITIES. 31 amed in the said if such Town had of any such Town 1 for the different I duties and liabili- unicipality of any tlie Mayor of such ike powers, duties (leof as the Town- shall have within ;il of each of the • the authority of make By-laws for ir such Town ; for ss and Houses of ting and establish- ny Work -house or nd for such Town ; T wooden buildings ms. y deem necessary, I, of not less than distance of such < , or building there- as may be deemed awn, if necessary, with gas, oil or work required for 3rs of real property edin or about their work and fixtures of Livery Stables, nd other Carriages •ates of pay or hire reventing runners, from soliciting and jl, stage or vehicle , l1 property in any ch improvements, to defray the ex- lin, flagging, posta ilace immediately ting the time and md paid. and upon the peti- iseholders resident :own, such sum or sense of sweepins; Ceans of a special my in such street, i* Seventhly. For borrowing under the restric'.ion and upon the security hereinafter mentioned, all such sums of money as shall or may be ne- cessary for the execution of any town work within their jurisdiction and the scope of the authority by this Act conferred upon them. Eighthly. For raising, levying and appropriating such moneys as may be required for all or any of the purposes aforesaid by means of a rate to be assessed equally on the whole rateable property in such Town according to any law which shall be in force in ypper Canada concern- ing rates and assessments. Ninthly. For making all such laws as may be necessary and proper for carrying into execution the powers herein vested or hereinafter to be vested in tne Corporation of such Town or in any department or office" thereof, for the peace, welfare, safety and good government of such Town as they may from time to time deem expedient, such laws not being repugnant to this or any other Act of the Parliament of this Province, or of the Parliament of Upper Canada, or to the general laws of that part of this Province: Provided always nevertheless, firstly, that no person shall be subject to be fined more than five pounds, exclusive of costs, or to be imprisoned more than thirty days, f8r the breach of any By-law or regulation of such Town: And provided also, secondly, that no person shall be compelled to pay a greater fine than twenty pounds for refusing or neglecting to perform the duties of any Municipal office 1^ when duly elected or appointed thereto. Tenthbj. For the repeal, alteration, or amendment, from time to time, of all or any of such By-law or By-laws, and the making others in lieu thereof, as to them may seem expedient for the good of the inhabitants of such Town. VI. CITIES. LXXXII. And be it enacted. That the inhabitants of each of the Cities mentioned in the Schedule to this Act annexed marked C, and intituled "Cities," and the inhabitants of ail such Towns in Upper- Canada as shall from time to time, be erected into Cities by and under any Proclamation to be issued in that behalf under this Act, shall be Bodies Corporate with all the powers, privileges and immunities, duties and liabilities of the incorporated inhabitants of Towns as aforesaid, ex- ' cept in so far as such powers may be hereby increased, lessened or otherwise modified, and such powers shall be exercised by, through, and in the name of the Mayor, Aldermen and Commonalty of each of , such Cities respectively. I LXXXIII. And be it enacted. That for every Ward within the limits f of any such City, there shall be chosen by the male resident freehoMers I and householders of sucrh Ward, one Alderman and two Councillors for such Ward, for which purpose copies of tho Collector's Rolls shall be fnrnished, verified and procured by the like persons and within the like times as is hereinbefore provided with respect to Towns ; and the Com- mon Council of each such City shall be fo med of such Aldermen and Councillors in the same manner as the Town Council of any such Town ,i shall have in and with regard to the same,and all the rules, regulations provisions and enactments contained in this Act, as applied to Incorpo- rated Towns, by way of reference to those provided for Incorporated Villages or otherwise, shall apply to each of the said Cities: Provided always, firstly, that the Mayor of every such City shall be elected from -j; among the Aldermen thereof; and provided always, secondly, that no ft person shall be qualified to be elected an Alderman for any such Ward ^ who shall not at the time of the Election be seized, to his own use, of ^ Real Estate held by him in fee sint7ple, or in freehold, within the City I ior which he ia elected or the liberties thereof, of the assessed value of Borrowing moneys. Levying mcMK.'jB. Makrnp; Dy-Iaws for carrying into fxectitlon powers herein vested, &c. Proviso an to fines, for t irh of By-laws. For rcfuiiing olficc. Repenlingor amending of By-law*. Inhabitants of Cities mentioned in Schedule C Sec, incurpor- atcd. Corporals' powers. How exercised. Election of one Aldermnn and two Counrillori for each Ward ; copies of Collec- tor's rolls to be furnished, &c., aa in Towni. Proviso : MnyoT to lie elected from among Alder- men. Proviso : qualifi- cation of Alder- men. 32 INCORPORATED CITIES. Proviso : qualifl cation of Couii- cillora. Qualificntion of elcciors. Provision with respect to tlie erection o^ iii- corpornted Towns into Cities, on certain conditions. New division into Wards. First election, as a City. Kacii incorpora- ted City to be a County of itself for certain pur- poses. Proviso: not to prevent County Municipal Coun- cils to hold their sittings in Cities, &c. Justice of the Peace of t!ie County to have no jurisdiction within City. Proviso: Quarter (Sessions of the County may be iield iu City. five hundred pounds, or unless he shall be a Tenant from year to year, or for a term of years, of Real Property within such City or the liberties thereof, at a bona fide rental of sixty pounds per annum or upwards, or shall be in the receipt of sixty pounds or upwards, of yearly rent or profit accruing from or out of Eeal Property within such City or the liberties thereof; and provided always, thiidly, that no person shall be qualified to be elected a Councillor for any such Ward, who shall not, at the time of hijriSlection, be in like manner seized to his own use of like Real Estate^i^he value of three hundred pounds, or unless he shall be a Tenant from year to year or for a term of years, of Real Property within such City or the liberties thereof, at a bona fide rental of thirty ^pounds per annum or upwards, or shall be in the receipt of thirty pounds or upwards of yearly rent or profit accruing from or out of Real Property within such City or the liberties thereof ; and provided always, fourthly and lastly, that the Aldermen and Councillors aforesaid, shall be chosen by the male inhabitants being either freeholders or householders who shall be entered on such Roll and who shall continue to reside wilhiu such Ward at the time of the Election, and who shall appear upon the said Roll to have been assessed either as Proprietors or Tenants for a house or for land, or for both, to the value of fifty pound.s, and by none other, LXXXIV. And be it enacted. That whenever any of the said Towns incorporated, or to be incorporated as aforesaid, .shall be found by the census returns to contain more than fifteen thousand inhabitants, then, on petition from the Town Council of such Town, it shall and may be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation under the Great Seal of the Province, erecting such Town into a City, setting forth the boundaries of such City and of the liberties thereof respectively, with the portions of the liberties to be attached to each of such Wards respectively, and including within such boundaries any portion of the Township or Townships adjacent, which from the proximity of streets or buildings therein, or the probable future exigencies of such City, it may appear desirable in the opinion of the Governor in Council should be attached to such City or the liberties thereof; and to make new divisions of such City into Wards, in like manner as is provided in the case of the said Towns ; and the first elec- tion in such place as a City shall take place on the first Monday of the month of January next, after the end of three calendar months from the teste of such Proclamation. LXXXV. And be it enacted. That each of the Cities which shall be or remain incorporated as such under the authority of this Act, with the liberties thereof, shall, for all Municipal purposes, and such Judicial purposes as aie herein or hereby specially provided for, but no other, be a County of itself : Provided always, nevertheless, that nothing herein contained shall prevent the Municipal Council of the County within or on the borders of the territorial limits whereof such County of a City shall lie, to hold their sittings, keep their public offices, and transact all their business and that of their officers and servants within the limits of such City or the liberties thereof, and to purchase and hold all such real property within such limits as may be necessary or convenient for such purposes or any of them. LXXXVI. And be it enacted, That the Justices of the Peace in and for the County within or on the borders of which such City shall lie, shall as such neither have nor exercise any jurisdiction over ottences committed within such City or the liberties thereof; any law or usage to the contrary thereof notwithstanding : Provided alvays, nevertheless firstly, that nothing herein contained shall be construed to prevent the General or Adjourned Quarter Sessions of the Peace for such County S beinj havir dent secon the e interf LX anyT may 1 LX the Ci thorit) to incc pointe LX5 Corpor authori it may such C outer V alter ar before provide XC. of any inhabit; after th' contain^ the Pioc Rolls of . propeiiji -? lug of tl shall be ^ by this . i Mayor o I with to i forth the name as XCI. lioned P and shal incident . Act of P; - of such shall ext City in « ♦for any such ofli Prociam? xcir. Correctio such C:t] • House ar ■ until sucl I the Sheri I Correctioi INCORPORATED CITIES. m 1 year to year, or or the liberties I or upwards, or if yearly rent or uch City or the I person shall be 1, who shall not, ) his own use of or unless he shall of Real Property s rental of thirty It of thirty pounds of Real Property always, fourthly I, shall be chosen louseholders who ^ to reside within appear upon the or Tenants for a md by none other. )f the said Towns be found by the nhabitants, then, hall and may be er in Council, to ice, erecting such 1 City and of the * le liberties to be Liding withiti such I adjacent, which le probable future he opinion of the f or the liberties ;o Wards, in like land the first elec- st Monday of the months from the js which shall be IhisAct, with the md such Judicial |r, but no other, be it nothing herein fCounty within or ' County of a City 3, and transact all lilhin the limits of Ihold all such real livenient for such Ihe Peace in and |h City shall lie, lion over offences iny law or usage lys, nevertheless id to prevent the I for such County Proviso : with respect to endorsement of Warrants. Commissions of the Peace to cease on erection of a City. Chief Oonetnlile and High Bailitf to be appointed. Corporation may erect any part of the liberties into outer Wards, Provision for an- nexing an outer Ward totluM.'ity, on certain con- ditions. being held within the limits of such City or the liberties theieof, and having and exercising all the jurisdiction and authority necessarily inci- dent to the power of holding such Sessions ; And provided always also, secondly, that nothing herein shall prevent or be construed to prevent the endorsement of Warrants as now provided for by law, nor to alter or interfere with the effect of such endorsement. LXXXVII. And be it enacted, That from the time of the erection of any Town mto a City, any and every Commission of the Peace that may havebeOi: issued for such Town shall cease and determine. LXXXVIII. And be it enacted, That there shall be in and for each of. the Cities which shall be or remain incorporated as such under the au- thority of this Act, besides a Chief Constable, as provided with respect to incorporated Towns as aforesaid, one High Bailiff, who shall be ap- pointed annually l / the Corporation of such City. LXXXIX. And be it enacted, That it shall and may be lawful for the Corporation of any City which shall be or remain incorporated under authority of this Act, by act of Common Council, from time to time, as it may seem expedient, to erect any part of the liberties contiguous to such City, as their boundaries shall be at the time, into one or more outer Wards; and may from time to time, as it may seem expedient, alter and vary the boundaries of such outer Wards, or any of them, before they shall be annexed to the said City, as hereinafter provided. XC. And be it enacted, That so soon as it shall appear by the census of any such City, that anyone of its outer Wards contains as many inhabitants as by the census first taken after the passing of this Act, or after the erection of such City, as the case may be, shall be found to be contained in the least populous of the Wards erected by this Act, or by the Proclamation erecting such City, and by the general Assessment Rolls of such City, that such outer Ward contains as much assessed propci ' V as by the first Assessment of the said City made after the pass- ing of this Act, or after the issuing of such Proclamation as aforesaid, shall be found to be contained in the least wealthy of the Wards erected by this Act or by such Proclamation, it shall and may be lawful for the Mayor of such City, for tha time being, and he is hereby reqijired forth- with to issue a Proclamation, under the Seal of the said City, setting forth the same, and annexing such Ward to such City, calling it by such name as the Common Council thereof shall think fit. XCI. And be it enacted, That from the date of any such last men- tioned Proclamation, such Ward .shall cease to bo a part of the liberties, and shall from thenceforth constitute a Ward of such City, and have ' incident to it, and its inhabitants every thing by this Act or any future * Act of Parliament, or any act of Common Council, incident to the Wards of such City, or the inhabitants thereof in general, and every such Act shall extend to such Ward as it does or shall to the other Wards of such City in general ; Provided always, that no Election for Charter Officers •for any such Ward, shall take place until the general Election for such officers next ensuing the issuing of any such last mentioned Proclamation. XCII. And be it enacted, That the Gaol, Court House and House of Present finoi, Correction of the County within the limits or on the borders of which any J/""" "'^'""'•. _Buch City shall be situate, shall bo and continue to be the Gaol, Court a/^uch ii"r"(;il ' House and House of Correction of such City, as well as of such County, ""•' t'onnty, I. until such City shall by Act of Common Council otherwise direct ; and niovidc'r'"'*' I the Sheriff, Gaoler and Keeper of every such County Gaol and House of v| Correction shall be bound to receive and «afely keep until duly dis- . '/'' ' When nti onier Wiird is annexed it liiiall ceiiKe to form part of the liberties. Proviso as to elections for such Ward. ue ty INCORPORATKD CITIES. A Recorder'* Court (o be e«ta- lilisheil lor cad) City. Who ulinll pre- side In it. Jurisilidion of Recorder's Court. Four IScBSJons in ench year, and when. Inhnhitnntsof rity and Liher- tie« exempted from servini! on ceriniii Juries afier a certain date. Who Hhnll lie Grand Jurorx for the Recorder's Courts, and how tiunnnoiied. Petit Jurors to be su!. -one' aipt from serving on Juries at any other than the City Courts and the Courts of Assize and Nisi Prius, Oyer and Terminer and General Gaol delivery for the County within the limits or on the borders of which such City shall be situate. XCVL And be it enacted. That the Grand Juries of such Recorder's Courts shall consist of twenty-four persons to be summoned by the High Bailifls of each of the said Cities, under precepts signed by the Record- ers or Aldermen elected to sit for such Recorders, in the same manner as Grand Juries of the Quarter Sessions are now or hereafter may be by law summoned by the different Sheriffs in Upper Canada. XCVII. And be it enacted, That the Panels of the Petit Jurors for such Courts shall consist of not less than thirty-six nor more than sixty Jurors to be summoned by the High Bailiffs of each of the said Cities, under precepts signed by the Recorders or Aldermen elected to sit for such Recorders in the same manner as Petit Jurors of the Quarter Ses- sions now are or hereafter may be by law summoned by the different Sheriffs in Upper Canada. XCVIII. And be it enacted, That such persons only residing in the said Cities or the liberties thereof, shall be summoned to compose tho Grand and Petit Jurors of such Recorder's Courts as are at present or hereafter may be liable to be summoned as Grand and Petit Jurors respectively, in any Court of Upper Canada. XCIX. And be it enacted, That the respective Grand Juries shall have all the power and authority over ofTences committed in the said !!■■ CIV. whicli this Act standing such Rt City an( receive payable always i appoinle shall ha through Officer V Hud adn M ilent power or jer and Police nsas aforesaid, ispects in such 1 respect to the IS as aforesaid, e Cities, which ■ity of this Act, such City, and assisted by one )f such Recorder no Recorder, the sd by the Alder- 8uch Court shall jurisdiction as to ich City and the Peace now have crimes, offences stion, as well as le ordinary jnris- eafter be by Law } Court shall hold :ommence on the id October in each [every such City t,andofthelibi)r- or after the firU r months from the ise may be, shall ,B City Courts and liner and General 3 borders of which )f such Recorder's , loned by the High ed by the Record- the same manner reafter may be by ada. ^e Petit Jurors for »r more than sixty of the said Cities, elected to sit for if the Quarter Ses- id by the different ly residing in the |pd to compose tho are at present or and Petit Jurors Irand Juries shall litted in the said INCORPORATED CITIES. Cities and the liberties thereof which Grand Juries for the General Quarter Sessions of the Peace in Upper Canada now have or hereafter may have. C. And be it enacted, That the like Process and Proceeding now had in the said General Quarter Sessions of the Peace in criminal cases, shall and may be used in the paid Recorder's Courts when exercising criminal jurisdiction, and the like power to take recognizances and all other powers and duties incidental to such jurisdiction, and which th? said Courts of General Quarter Sessions now or hereafter may possess by law, together with the powers granted by this Act, are hereby vested in the said Recorder's Courts as far as regards any on'enccs, crimes and misdemeanors arising or committed within such Cities and the liberties thereof respectively. CI. And be it enacted. That upon the acquittal of any Defendant or Defendants in any of the said Recorder's Courts, the Recorder or presi- ding Alderman thereof, shall upon its appearing to the satisfaction of the said Court, that there was a reasonable and probable cause for such prosecution, order the costs thereof to be taxed by the Clerk of the said Court to be paid out of the City Funds. CII. And bo it enacted. That every such Recorder shall have the power of suspending from the duties of his Office any High Bailiff, Chief Constable or Constable of the City of which he is the Recorder, for any period in his discretion, and that immediately after such suspension he shall report the same with the cause thereof, if he deem such High Bailiff, Chief Constable or Constable, deserving of dismissal for the cause of such suspension, to the Common Council of such City, and the said Common Council shall thereupon in their discretion, dismiss such High Bailiff, Chief Constable or Constable, or diiect that he shall be restored to the duties of his Office after the period of such suspension shall have ex- pired, and during such suspension no such High Bailiff, Chief Constable or Constable shall be capable of acting in his said Office except by the express permission of the Recorder of such City in writing, nor shall such High Bailiff, Chief Constable or Constable be entitled to any salary or remuneration for the period of such suspension : Provided always, that it shall be in the power of such Recorder to appoint some fit and proper person to act as High Bailiff, Chief Constable or Constable during the period of such suspension of any High Bailiff, Chief Constable or Constable as aforesaid. CHI. And be it enacted. That the Clerks of the Common Councils of the said Cities shall be Clerks of the Recorders' Courts, and perform the same duties and receive the same emoluments as now appertain to the Clerks of the Peace in Upper Canada. CIV. And be it enacted, That the Recorders for 'he several Cities which shall be or remain incorporated as such under the authority of this Act, shall be Barristers of Upper Canada of not less than live years' standing, and shall be appointed by the Crown during pleasure, and every such Recorder shall be ex officio a Justice of the Peace, in and for the City and Liberties thereof, for which he shall be appointed, and shall receive a salary of not less than two hundred and fifty pounds per annum, payable quarterly out of the Municipal Funds of such City; Provided always nevertheless, that a Recorder shall not in the first instance be appointed for any of such Cities until after the Corporation of such City shall have communicated to the Governor General of this Province, through the Provincial Secretary thereof, their opinion that such ai: Officer was required for the better conduct of the affairs of such City, and administration of justice therein. 35 Powern of Coiirii of (Quar- ter Bl'MiOMH vrHicd iti Hecor- ilcr's Courts. On acquittnl of a (Icfriidnrit, cokIh to l)e paid out of <'ity fiiiulf, wlK'n tlicr.'• erecting of a City Hall, Court House, Gaol, House of Cor- For keepmj ectioti and Ho 3 of Industry in and for such City and the Liberties thereof, and appointing the Inspectors of any such House of Industry. Secondly. For regulating, in their discretion, the erecting of buildings and preventing wooden buildings and wooden fences from being erected in such City. Thirdhj. For borrowing under the restrictions and upon the security hereinafter mentioned all such sums of money as shall or may be neces- sary for the execution of any city work within their jurisdiction, and the scope of the authority by this Act conferred upon them. Fourthly. For raising, levying, and appropriating such moneys as may be required for all or any of the purposes aforesaid by means of a rate to be assessed equally on the whole rateable property of such City, according to any law which shall be in force in Upper Canada, concern- ing rates and assessments. Fifthly. For making all such laws as may be necessary and proper for carrying into execution the powers herein vested or hereafter to be vested in the Corporation of such City or in any department or office thereof, for the peace, welfare, safety and good government of such City as they may from time to time deem expedient, such laws not being- repun^nant to this or any other Act of the Parliament of this Pro- vince, or ot the Parliament of Upper Canada, or to the general laws of that part of this Province : Provided always nevertheless, firstly, that no person shall be subject to be fined more than five pounds exclusiv* of costs, or to be imprisoned more than thirty days for the breach of any By-law or Regulation of such City; And provided also, secondly, that no person shall be compelled to pay a greater fine than twenty pounds, for refusing or neglecting to perform the duties of any municipal officoj when duly elected or appointed thereto. Sixthly. For the repeal, ai'.eration or amendment, from time to time, of all or any of such By-laws, and the making others in lieu thereof as to them may seem expedient for the good of the inhabitants of such City. i0' MUNICIPAL CORPORATIONS. 37 1 for any such their opinion ay be vested hichcase the , and the said sors until such the Governor ould no longer Id separately : 3 person hold- salary herein mch City shall ;h City and the n incorporated Lise or exercise i of each of the luthority of this y-laws for each oviding for the House of Cor- d the Liberties luch House of r ing of buildings m being erected m the security r may be neces- idiction, and the luch moneys as by means of a rty of such City, janada, concern- sary and proper b hereafter to be ttment or office ^rnment of such i, such laws not [ent of this Pro- general laws of fs, firstly, that no Jnds exclusive of le breach of any ), secondly, that 1 twenty pounds, Imunicipal officei Im time to time, Is in lieu thereof le inhabitants of VI. MISCELLANEOUS PROVISIONS. CVIII. And be it enacted, That of the Municipal Corporations erected or to be erected under the authority of this Act, the VVarden of each County shall be the Head of the Municipal Council or Corporation of such County, the Mayor of each City and Town shall be the Head of the Town or Common Council or Corporation of such City or Town respec- tively, and the Townreeve of each Township and Village, the Head of the Municipality or Corporation of such Township or Village respec- tively. CIX. And be it enacted. That the Head of every such Municipal Corporation as aforesaid shall ix officio be a Justice of the Peace, in and for tne County within or on the borders of which the Township, Village, Town or City, in or over w^hich he shall preside as such Head as afore- said, shall be situate, and shall have within every such County, as well as within the limits of the Jurisdiction of the Municipal Corporation over which he presides, all and singular the powers and jurisdiction as well civil as criminal which belong to that office. ex. And be it enacted, That in the event of the absence of the Head of any such Municipal Corporation from the duties of his office for a period exceeding at one time three calendar months, without having been first authorized so to absent himself by a resolution of such Municipal Corporation, he shall vacate his office ; and in such case, it shall and may be lawful for such Municipal Corporation, at a special meeting thereof for that purpose, to be convened within three days after sucli office shall become vacant, to elect from among themselves a successor to such Head of such Municipal Corporation, who shall hold office for the remainder of the time of service of his immediate predecessor, which Head of such Corporation shall be sworn into office as is in and by this Act provided. CXI. And be it enacted, That it shall and may be lawful for the Head of such Municipal Corporation, at any time, by and with the con- sent of such Municipal Corporation, to resign his office; and his suc- cessor shall in such case be elected whhin the time and in the manner, and for the same period as is provided in the next preceding section of this Act. CXII. And be it enacted. That if any of the Members of any such Municipal Corporations, erected or to be erected under the authority of this Act, shall be declared a Bankrupt, or shall apply to take the benefit of any Act for the relief of Insolvent Debtors, or shall compound by deed with his creditors, then, and in every such case, such person shall there- upon immediately become disqualified, and shall cease to be a Member of such Municipal Corporation, for the lesidue of the time for which upon such bank "iptcy, insolvency, or composition with his creditors, such Member of such Municipal Corporation was liable to serve; and the vacancy thereby created shall be filled as in the case of the natural death of such Member of such Municipal Corporation. CXIII. A'ld be it enacted, That the head of every such Municipal Corporation, or, in his absence, the Chairman thereof, shall have power to administer an oath or calhs, affirmation or affirmations, to any person or persons concornins; any account or other matter which shall be sub- mitted to such Municipal Corporation. CXIV. And be it enacted, That for and notwithstanding the issue of any Proclamation under the authority of this Act for the incorporation of any Village or for the erection of any Village into a Town, or of any Town into a City, the Municipal Corporation existing in or having au- thority over such Village or Town, or the Hamlet or place of which by Who Klinll l)c itic Ilcailg 1)1' ilie (lil- fVTf'iii Corporn- ticnn. Head of niiy Cor|K)ratioii tu lie ex qfieio ii Jufiice of the Pence. Aliecncc of more than Ihrcft iiiorithri nt n time witlioiit leave, to vacate the oflice. Vncnncy liow lilted. lU'signntioii of llrnds of Corpo- ration!!. Memhors of Corjior.-iiions becoming iM^o!- veni to cease to be MembeiB. Power to Head of Corporation to adininlsier cer- tain oathii. Noiwitlietnndlng proclnihntion in- cortiorntinx Vihtfies, &.C., Municipal Cor- porations then existing to con- 38 MUNICIPAL (JORPOHATIONB. finiii' 10 rxrrriw llicir piiwrrR lor n rortnii) liiiic. OovrrnoT In I'oitnotlmny I'ulnrKO lutuiuln- rioH, or nlirr tllO (liviKIOI), Ac, of n 'I'own or Vtlliipo, on jii'iiiion of tlu' ^"or|Hlrn^ion. A* tof^rit rlt'c- tioi) llicrcaltcr. Municipal Tor- ponition not to ^irani rvolusilvo ritflitK to cxprrisp nn\ tindc or cnlliii^. Provlfo (It (0 f'errie*. When .1 Polko Ma^ii>U!ito i:|i;iM W appoiiitoil ill a Town or Ciiy, jHiwors of graiU- iiii: i.iv(^i licenses T OS ttM ill liiiii. Tnvcrn-k«x'[>crs koopinpiiisor- tlerly Ih3usp8, to bo tried liolbre the Ma>x)r or Police MHjzis- trate and two Alderiuen or Jusiioes of the Poacc. Pnnisliment on coiiviciion. Rucli rmclniniUion hui'Ii VilIa^o, Town or Cily shall l>o inado lo conHi.«» ill ill»- iiiitOH nx il1l(< xnko iinlU of Tlir oatli. 11r ore wtioni llip lira.! 01 ,1 Mimi- iM|ial <\ir|vir.itii'>n »liall l>c Dwoiii. Powor to admin- ister the oaih. An Oath of gii.illfic-Htion to l>c tnkrn by crriaiii Otfieersi. The on til. (loiH>«iil iho unme in llin oflicn ol llio (-'ouiitv, <"' I'own, Towrinliiii or Villof][0 Clerk, lor thti C'tuinly, (^ily.'rowii/rownBliipnr Villuuein which thn nnid onlli or nilinnntioii hIiiiII no takoii or initdo. ami to the biiAiriRKn ami nlliiirs ol wliioh it ulinll nroporly Itoloiiu, williiti eiuht (layn allot n\iol) oath or atlinuation hIuiII Ixi adiniiiiHtoroil, on pain ut liuiiig deorned miiliy of a mindoiiKiaiior. ('\XVl. Atul bo it oiiaotod, Thai in all inattors til dispute of and ooncorniofr voad»>, ailovt(.no«9B for roadn, side lines, lionndarion or i thereto,) vin any c( Town or elected A cxxx appointee ,; Councillo t^^auch Wai which 8U< |, Assessor 1, Townnhip or illiiaein wliich til the bnniiiRM iuht tlftyc iilior 1 liuing (Imnned (lispute of niul laii«iB orcMiiicoB- luj piiid Munioi- 1(1 ol each of tho iirmalioii lo iniy mined to«chiii« ( person falsely wilful uml cor- VilliiKO, Town or J ., Town or City lis aforc'Huid, and •r and Holinnin^ •^ who phall Itn on, shall, hofore an oath or nffli- purtyis cniilhdlo inpaVlially, tolho > ol (inserlinp; the ippointed) in thi« fvx\ and will not n tho cxorciNO of ulion of tho Buid nvory Municipal Diity of this Act, Court of Law or , which shall at ., or by tho Chief hia chambers, or le limits of such ice Magistrate of County 01 Town or in the case of ^or tho County in Lse there shall bo [hin such limits at Ivation, inthopre- Courts, Justices, OS of tho Tcace, :ed to administer Ijcate of the same 1 shall be elected js a qualification jrinlo the duties )n to the effect |cnr wfiicli xuih permn in dntrd or amuntilnl) ac( ordiiiij to tho true " inloiil and mnaiiiii^ of a •irrlain Aolice vilJai^e, or Councillor or 'lowiiroevo of any Tmvnship or Village, or a (-'(ui noil lor, ' Alderman, or Mayor of any Town or City, or aTowiislii^, Village, 'I'owii, or City Assessor or Collector, who shall r«!fuHO such oflico, or who shall refuse or neglect to take the oath or alflrinalioti of office and that of qualification, under this Act, within twenty days after he shall be so elected or appointed, and have had notice of such election or appoint- ment, and every person duly authorized l(j adtninister siudi oath or affirmation who shall refuse to administer tho same wIumi such admin- istration is reasonably demanded of him, nhall, upon convicliori thereof before any Court of competent jurisdiction, ffirleit and pay not more than twenty pounds, and not less than two pounds, at the discretion of Ifio Court, and to tho use of Her Majesty, Her Fleirs and Successors, together with such costs of prosecution as stiall be adjudged by the Court: Provided always, that no person who shall have served in any of the said offices for tho year next before any such election or appoint- ; mont, shall bo obliged to servo or bo sworn into tho same or any other ! of tho said offices for the year succeeding such service. ' CXXXI. And be it enacted, Tliat all persons over sixty years of ago, ii all members of the Legislative Council, and of the Legislative Assembly, ' all Otljceis and others in the service of the Ciown, either civil or military on full pay, all Judges, Sheriffs, Coioners, (iaolers, and K<;Ti>on» (]Mf|ii;ilific'l from hf:\uit f\i'r,tfr\ Ald'Trncn or Council lorn. Who may not l>e an A»i*'(ior, niij qualification (j( an AMCMor. 42 MUNICIPAL CORPORATIONS. One Anwsfior liiny he ii|i|ioii)t- ei! ior more (liaii one Ward. A§ to qiiiilincn* tiun ot Justice! 01 llitt I'encc. No properly quiiliiication required by a Wnrilcn, Mnyor, Ac. Appointment of one or more Coroners Tor each City and Town. Police Triigicesi, &.O., tol:c ilcalih Oiflcers under ActolU. C. ."5 W. 4 c. 10, or any :uture Act. Provino : they may delegate their powers as such. Frovigion with respect to exist- ing Marlvet places. Corporations may purchase property beyond limits of (owns, &c., for Indus- trial Farms, which shall, with regard to Jurisdiction be deemed within fiuch Towns. seized or possessed to his own use, of property siiiiiciunt to qiialify him to bo elected a CoiUKrillor fur audi Town."thip or Village*, or the Town or City in which such VVurd ii«hull be hitnatu. (>XXXiy. And be it enacted, That nothing in this Act contained, shall prevent any person from being appointed Assessor or Collector for more than one Ward in any City or Town. ('XXXV. And be it enacted, That each and every Justice of the Peace for any of the said Towns shall be qualified in the same amount of property, and shall take the same oaths as are required of other Jus- licesiofthe Peace. But no Warden of any County, Mayor, Recorder, Police Ma<3[istrate, or Alderman of any City, Mayor or Police Magistrate of any Town, or Townreeve of any Townshijp or Village, shall require any property qualification to enable him lawfully to act as a Justice of the Peace, nor shall any other oalh be renuired of him than his oath of office as such Warden, Mayor, Recorder, Police Magistrate, Alderman, or 7'ownreeve, and the oath of qualification for such office ; any law to the contrary notwithstanding. CXXXVI. And be it enacted, That one or more Coroners shall and may be appointed for every City and Town that shall be or continue incorporated as such under the authority of this Act. CXXXVII. And be it enacted. That the Police Trustees of every unincorporated Police Village, and the Members of the Municipjil Corporation of every Incorporated Village, and of every Township, Town and City in Upper Canada, shall be Health Officers within the jurisdic- tion of such Police Villages or Municipal Coiporations, within and under the provisions of the Act of the Parliament of the late Province of Upper Canada, pa.ssed in the fifth year of the reign of His late Majesty Kin" William the Fourth, intituled, An Ad tovromote the Public Health, am to guard against infectious diseases in this Frovince, and under any Act that may he hereafter passed in the present or any future Session of the Parliament of this Province for the like purpose : Provided always, nevertheless, that the Municipal Corporation of any of such Townships, Villages, Towns or Cities shall and may by a By-law to be passed for that purpose, delegate the powers hereby conferred upon them, either to a Committee of their own Members, or to some of their own Members and others, or wholly to persons who are not Members of such Corpora- tion, as in their discretion they shall think best. CXXXVIII. And be it enacted, That the places already established by competent authority as markets or market places in the several Villages, Towns and Cities in Upper Canada, shall be and remain markets and marketplaces with all the privileges attached thereto until otherwise directed by competent authority in that behalf, and all market reservations or appropriations which by Act of Parliament or otherwise shall have been and shall then continue vested in the Municipal author- ity of any such Village, Town or City, or in Trustees for their use and benefit at the time this Act shall come into force, shall be and the same are hereby vested in the Municipal Corporation of such Village, Town or City erected under this Act. CXXXIX. And be it enacted, That notwithstanding any thing herein contained, it shall and may be lawful for the Municipal Corporation of any Town or City to purchase, have and hold, and at their pleasure to sell, dispose of and convey such landed pi operty beyond the limits of such Town or City and the Liberties thereof as shall or may, in their judgment, he necessary for the purpose of an Industrial Farm for such Town or City, which Industrial Farm with all the buildings, erections and improvements so to be purchased as aforesaid, shall, with regard to jurisdiction only, be deemed and taken to be within the limits of such Town cano ol such p CXI Mayor, the Pe authori (rial F govern Bv-law adoptei CXL fore cor of any ' much n Village fihall or of one always be obta authorit in whicl for the ] flecondlj {Mration. or suffer than for ^ery su rTown or .Proclami Ithc time pc a pan and be a as if sue iissettlec r CXLI ioontainec f|any Vilh .pleasure ' )eyond a ies there purpose ( -J^unpowd ipr City. CXLII ir to be e :«uch Corj ^jporation i appoint h one of wl Corporati Officers a *ppointe{ the Clerk ;' Clerk or ' shave had by himse U to Qualify him », orlhe Town or I Act contained, r or Collector for y Justice of the ihe same amount red of other Jus- klayor, Recorder, Police Magistrate ige, shall require ict as a Justice of 1 than his oath of fltrate, Alderman, ffice ; any law to >» oroners shall and ,11 be or continue Trustees of every af the Municipal f Township, Town rithin the jurisdic- , within and under Province of Upper , ate Majesty King Puhlk Health, am jnd under any Act ure Session of the [Provided always, such Townships, to be passed for n them, either to leir own Members 8 of such Corpora- 11 ready established es in the several be and remain ached thereto until lalf, and all market ment or otherwise Municipal author- s for their use and 1 be and the same ich Village, Town ig any thing herein ■pal Corporation of t their pleasure to yond the limits of i or may, in their rial Farm for such uildings, erections lall, with regard to the limits of such MISCRLLAHKOUS rllOVISIONS. Town in the case of Towns, and within tho F.iliertics of such City, in iho case of Cities, and within tho jurisdiction of such Town or City foi all such purposes. CXL. And bo it enacted, That it sliall and may bo lawful for tho Mayor, Recorder, Police Ma^iMrato, or any two Altlermen or Justices of the Peace for any Town or City erected or to be erected under tho authority of this Act, to commit to h.inl labour at, or send to such Indus- trial Farm, under such regulations as shall bo established for the Evemment thereof, any or such description of persons as may by the -laws of the Corporation of such Town or City, from time to tiine, be apted or declared expedient or necessary. CXLI. And be it enacted. That notwithstanding any thing hereinbe- fore contained, it shall and may be lawful for the Municipal Corporation of any Village, Town or City to purchase have and hold such and so much real property lying as well beyond as within the limits of such Village, Town or City, or the Liberties thereof, as in their judgment fihall or may from time to time be or become necessary for the purpose of one or more public Cemeteries for the interment of the dead : Provided alwavs nevertheless, firstly, that the title to every such Cemetery shall be obtained or accepted by such Municipal Corporation under the authority of a By-law of such Corporation to be passed for that purjwse, in which By-law such properly shall in express terms be appropriated ifor the purpose of such Cemetery, and no other: And proviiled also, pecondly, that it shall not be in the power of any such Municipal Cor- |)oration, at any time thereafter, to repeal any such By-law, or to make or suffer to be made n y other use of the property so obtained or accepted than for the purpose ot such Cemetery : And provided also, thirdly, tluit •very such Cemetery, although lying beyond the limits of such Village fTown or City as settled by this or any other Act of Parliament, or by any IProclamation to be issued under the authority of the same, shall, from ihe time that the title shall become vested in such Corporation, cease to jpe a part of the Township within which it shall lie, and shall become and be a part of such Village, Town or City to all intents and purposes as if such Cemetery lay within the limits of such Village, Town or City iis settled by such Act or Proclamation. ; CXLII. And be it enacted, That notwithstanding any thiog herein ijpontained, it shall and may be lawful for the Municipal Corporation of •|»ny Village, Town or City, to purchase, have and hold, and at their Pleasure to sell, dispose of and convey such landed property as well lleyond as within the limits of such Village, Town or City or the Liber- ties thereof, as shall or may in their judgment be necessary for the j'^urpose of one or more magazines for the deposit and safe keeping of Igunpowder, so as to prevent danger therefrom to any such Village, Town or City. CXLin. And be it enacted. That every Municipal Corporation erected «r to be erected under the authority ofthisAct, at the first meeting of :«uch Corporation in each year next after the Head of such Municipal Cor Iporation for such year shall have been elected and sworn into office, shall lappoint two persons to be and to be called Auditors of such Corporation, one of whom shall be appointed on the nomination of the Head of such Corporation, and the other in the same manner as other Municipal Officers are appointed : Provided always, firstly, that no person shall be appointed such Auditor who shall be a Member of such Corporation or « the Clerk or Treasurer thereof, or who shall have been such Member, fClerk or Treasurer for the preceding year, nor any person who then shall |have hadfor such preceding year, oY shall then have directly or indirectly |by himself or in conjunction with any other person, any share or interest 4.3 Mnyor, &.r , mny ciiiniiiil (ij li.'iril liiliiiiir oil IikIui- triul Fariiii. ('orporntioiii inny purchane rrnl |>rop«Tty for ceiiicteriei. Proviso : Uie liilo to ceiiicifry to tin oblaiiicii uiulcr a lly-law. Proviso : no Hiirti Hy-law to be rcpealod, dec. Proviso : Niicli rfMneiericH tlio' out of tlie Town, 4cc, to \>e (IctMiK.'d pan thereof, &.C. Corporations of C'lilofi, &.C., may purchare pro- [leriy beyoii'l ilie limits of sucti cilips, &r., for powder inagii- ziiies. Two Auditors to he appoiiitcil by every Munici- pal Corporation. Proviso : who shall not he appointed Auditors. Proviso : Audi- tors to take 811 oath. 44 MUNICIPAL CORPORATIONS. The oath. Auditors to examine all accounts against or concerning Corporation. To publish a statement of cx|)enditure8 and liabilities of Cor|)oration. And file a ;iu pli- cate report thereon with the Clerk of the Corporation. Governor in Council 10 regu- late ferries over which this Act does not confer jurisdiction upon Municipal Councils tec. Writ of Sum- mons in nature of^uo itarraulo to issue lor the trial of contro- verted elections. Security. ill any contract or emplo)'ment with, by or on behalf of such Corporation ; And provided also, secondly, that no person appointed an Auditor for such Corporation shall be capable of acting as such, until he shall have previously made and subscribed before the Head of such Corporation, an oath or affirmation in the words or to the effect following, that is to say: " I, A. B., having been appointed to the office of Auditor for the " Municipal Corporation of do hereby promise and swear, " that I will faithfully perform the duties of such office according to the ** best of my judgment and ability ; and I do swear and declare, that I "had not directly or indirectly any share or interest whatever in any "contract or employment with, by, or on behalf of such Municipal Cor- " poration during the year preceding my appointment, and that I have *' not any contract or employment for the present year. So help me God." CXLIV. And be it enacted. That it shall be the duty of such Auditors to examine, settle and allow or report upon all accounts which may be chargeable upon or may concern such Corporation, and which may relate to any matter or thing under the control of, or within the jurisdic- tion of such Corporation for the year ending on the thirty-first day of December preceding their appointment as such Auditors ; and to publish ■I detailed statement of the receipts and expenditures and liabilities of such Corporation in two newspapers published within the jurisdiction thereof, or in those nearest thereto ; and to file their report thereon in duplicate in the Office of the Clerk of such Municipal Corporation, which they shall do in at least one month after their appointment, and from thenceforth one of such duplicate reports shall at ail seasonable hours bo open to the inspection of any inhabitant of such Township, County, ^ Village, Town or City, with power to ti.ke by himself, or his clerk or agent, but at his own expense, a copy or copies or an extract or extracts from the same at his pleasure. CXLV. And be it enacted. That as'to all ferries over which jurisdic- tion is ii^t by this Act confeired either upon the Municipal Council of soir<3 Co nty or the Common Council of some City, and in all cases in wi ioh such jnric'liction is hereby conferred, but in which no By-law shall have been passed by such Municipal Councilor Common Council, and assented to as hereinbefore provided, for the regulations of such ferry, and until such By-law shall be passed and assented to as afore- said, it shall and may be lawful for the Governor of this Province, in Council, from time to time, to regulate such ferries, and to establish the rates of pay or hire to be taken by the owners or conductors of the boats or vessels employed on such ferries. CXLVI. And be it enacted, That at the instance of any relator having an interest as a candidate or voter in any election to be held under the authority of this Act, a Writ of Summons, in the nature of a quo warranto, shall lie to try the validity of such election, which Writ shall issue out of Her Majesty's Court of Queen's Bench for Upper Canada, upon an order of that Court in term time, or upon the fiat of a Judge thereof in vacation, upon such relator, shewing upon affidavit to such Court or Judge reasonable grounds for supposing that such election was not conducted according to law, or that the party elected or returned thereat, was not duly or legally elected or relumed. And upon such relator entering into a recognizance before the said Court or any Judge thereof, or before any Commissioner, for taking bail in such Court, him self in the sum of fifiy pounds, and two sureties to be allowed as sufficient upon affidavit, by such Court or Judge, in the sums of twenty- five pounds each, conditioned to prosecute with effect the Writ to be issued upon such order or fiat, and to pay to the party against whom the same shall be brought, his executors or administrators, all such costs a» i* shall b< such V returna such pa niannei said Co affidavi proceed lormal ] and to a he shall CXL^ Court sh such da; shall de touching ment of t'udgmer >ysuch occasion CXL\ 8uch Wr avoid pe lawful fc satisfied Writ eitl party wi iRianner t ing to th( and upon |)roof the nereby re been ser\ CXLH be brougl the first a feuch first proceed i Judgment f CL. Ai fto cause t Election I validity o i-into the f; or affirma or by issu irietl by J Civil Juri 'however 1 •uch elect of enquiry CLI. A shall issu( the posses being that ^said, nor \ lof such jut §. MISCELLANEOUS PROVISIONS. 45 juch Corporation ; ed an Auditor for ntil he shall have ;h Corporation, an ng, that is to say : f Auditor for the omise and swear, e according to the id declare, that I whatever in any h Municipal Cor- and that I have So help me God." y of such Auditors Its which may be , and which may rithin the jurisdic- thirty-first day of )rs ; and to publish s and liabilities of in the jurisdiction report thereon in Corporation, which intment, and from 1 seasonable hours rownship, County, , 5lf, or his clerk or extract or extracts ^er which jurisdic- nicipal Council of and in all cases in which no By-law Common Council, egulations of such senied to as afore- this Province, in md to establish the uctors of the boats ice of any relator ection to be held in the nature of a ction, which Writ Bench for Upper upon the fiat of a ; upon affidavit to that such election lected or retiirned And upon such lourt or any Judge I such Court, him to be allowed as le sums of twenty- ict the Writ to be against whom the i, all such costs as *# shall be adjudged to such party against him the sad relator, thereupon such Writ shall be issued accordingly: and the said Writ shall be returnable upon the eighth day after that on which it shall be served on such party by the delivery of a copy thereof to him personally, or in the manner hereinafter provided for before some one of the Judges of the said Court at Chambers, which Judge shall have power, upon proof by affidavit of such personal or other service, and he is hereby required to Jwoceed in a summary manner upon statement and answer, and without brraal pleadings, to hear and determine the validity of such election, and to award costs against the relator or defendant upon such Writ as he shall deem just. CXLVII. And be it enacted, That on the first day on which such Court shall sit after such judgment shall be given by such Judge, whether such day shall be in the same or the following Term, the said Judge shall deliver such Writ and judgment with all things had before him touching the same into such Court, there to remain of record as a judg- ment of the said Court, as other judgments rendered therein, and such lodgment shall thereupon be enforced by peremptory Mandamus and by such Writs of Execution for the costs awarded by such judgment as occasion shall or may require. CXLVIII. And be it enacted, That in case the party against whom such Writ of Summons shall be brought, shall keep out of the way to avoid personal service thereof on him as aforesaid, it shall and may be lawful for the Judge before whom the same is returnable, upon being satisfied thereof upon affidavit, to make an order for the service of such Writ either by the leaving a copy thereof at the dwelling-house of such |)arty with his wife or other grown-up person there, or in any other manner that such Judge shall deem the ends of justice to require accord- ing to the circumstances laid before him upon affidavit for that purpose, and upon service of such Writ being made according to such order and toroof thereof by affidavit, it shall be lawful for sucn Judge and he is tereby required to proceed thereupon as if the said Writ of Summons had been served personally on the party. CXLIX. And be it enacted, That where two or more of such Writs be brought to try the validity of tha same election, all such Writs after the first shall be made returnable before the same Judge before whom auch first writ shall have been made returnable, and such Judge shall proceed upon such Writs by giving separate judgments upon each, or one Judgment upon all, as the justice of the case may in his opinion require. CL. And be it enacted. That it shall be lawful for every snch Judge jto cause the Collector's Rolls, Poll Books and any other Records of such ^Election to be brought before him by Certiorari, and upon the trial of the ;.yalidity of such election upon any such Writ, such Judge shall enquire /into the facts to be established by personal evidence either by affidavit or affirmation, or by oral testimony taken before him as at Nisi Prius, or by issues to be framed by him for that purpose, and to be sent to be tried by Jury by Writ of Trial to be directed to such Inferior Court of Civil Jurisdiction as shall be named by such Judge for that purpose, not 'however being one having jurisdiction in or over the locality for which such election shall have been held, or by one or more of those methods of enquiry as such Judge shall deem the ends of justice to require. CLI. And be it enacted, ThatnoMandamtworother Writ of Execution shall issue upon any such judgment until the same shall have been in the possession of the Court for four days in term time, one of such days P" eing that on which the same shall have been so delivered in a.s afore- aid, nor while any rule shall be pending for the reversal or alteration f such judgment by such Court as hereinafter provided. Return of Writ and proceedings thereon. Costs. On first Court day after judg- iiient Judee shall deliver Vvrit and judgment into Court, and the same shall he enforced l>y \ter- einptory Manda- mut Sec. How service of the Writ ni;iy luj made when ilu; party keeps out of the way. Provision when several Writs issue to try the same election. JudRB may cause Collector's Rolls, Poll Booko, iic, to he hrought hefore hint by certiorari, and ascertain facts by evidence, fcc. Execulion not to issue till four days ill term time after judg- ment. 46 MUNICIPAL CORPORATIONS. JutlRmcnIs to t)e examinable in term time on application made within four days. Court of Q, n. to s'!ttle forma of Writs of Sum- inona, practice Provision when thirre i» no pro- per Otficer to hold uii election. i'roviso. I'nrtips interest- ed may reiiuirc of Town Clerks, Slc, copies of Hy-laws on pny- inu a reasunahle fee therefor. Court of U. n. niny be moved to ()U?ibli any lly- law. Proceedings thereon. rrovisiou as to actions for tilings CLII. And be it enacted, That every sucu preliminary judgment, so to be given by any such Judge as aforr did, shall be examinable by such Court in term time, on an application for that purpose made within such four days, either by the party against whom such preliminary judgment was given, or by any other party interested either as Voter or Candidate in such election, and the same may be thereupon reversed, altered or affirmed by sucli Court either with or without costs to be paid by the party against whom the decision of the Court upon such appli- cation shall be given, as in the judgment of such Court the Law of the Land shall require. CLHI. And be it enacted, That it shall and may be lawful for Her Majesty's said Court of Queen's Bench for Upper Canada, by any rule or rules to be by such Court made for that purpose in term time, to settle the forms of such Writs of Summons, Certiorari, Mundamics and execu- tion iis aforesaid, and to regulate the practice respecting the suing out service anil execution of such Writs, and the punishment of those guilty of contempt in disobeying the same, and also generally for the regula- ' lation of the practice as well at Chambers as in Banc, in hearine and determining the validity of such elections as aforesaid, and the allow- ance of costs thereupon, and also from time to time by any new rule or rules to be mu.ue as aforesaid, to rescind, alter or amend such rule or rules or make others in lieu thereof, in like manner as they are now by Law empowered to do for the regulation of the practice of the Court in matters within its ordinary jurisdiction. CLIV. And be it enacted. That if the person whose duty it shall be, according to the provisions of this Act, or by virtue of any appointment made under it, to hold any election under the authority of the same, • shall be absent at the time appointed for any such election, or if there shall be no such person, or such person be dead, it shall be lawful for the persons then and there asse moled and entitled to vote at such elec- tion, to appoint from amongst themselves a Returning Officer, who shall forthwith proceed to hold such election in lieu of such other liist mentioned person : Provided always, nevertheless, that the appointment of such substituted Returning Officer shall not bo made until at lea.^t one hour after the hour appointed by lawful authority for commsncing the proceedings at such election. CLV. And be it enacted, That it shall be lawful and competent to and for any resident of any Township, Village, Town, City or County in Upper Canada aforesaid, in which any By-laws shall be passed, or • . any other person having an interest in the provisions of such By-law, to apply by himself, or by his Attorney, for a certified copy of such By- law, and the Township, Town, Village, County or City Clerk shall, upon such .ipplication and upon payment to him of his fee therefor, within a reasonable time, furnish a copy of such By-law certified under his Hand and the Seal of the Municipal Corporation of which he is the Oflicer, and the Court of Queen's Bench for Upper Canada may be moved, upon production of such copy, and upon affidavit that the same is the copy received from such Township, Town, Village, County or City Clerk, to quash such By-law; and if it shall appear to the said Court, that such By-law is in the whole or in part illegal, it shall and may bo lawful wpon proof of service of a rule upon the Corporation, to show cause, within not loss than eight days after such service, why such By-iaw shoultl not be quashed in the whole or in part, to ordor such iiy-law to be quashod in tho whole or in part : and if it shall appi3ar to the said Court that such By-law is legal, in the whole or in the part complained of, lo award costs in favour of the Corporation, or otherwise against such Corporation ; and that no action shall be sustained lor or by reason ot any thing authorized to be done under any such By- inary judgment, so 36 examinable by irpose made within such preliminary [ either as Voter or lereupon reversed, out costs to be paid rt upon such appli- •urt the Law of the be lawful for Her anada, by any rule term time, to settle ndamus and execu- 3ting the suing oui nent of those guilty illy for the regula- nc, in hearing and aid, and the allow- by any new rule or iraend such rule or as they are now by tice of the Court in se duty it shall be, of any appointment ority of the same, • election, or if there shall be lawful foi I vote at such elec- ning Officer, who of such other iirst lat the appointment made until at least ly for commsncing and competent to , City or County in 1 be passed, or i . of such By-law, to copy of such By- City Clerk shall, f his fee therefor, law certified under of which he is the Br Canada may be lavil that the same V^illage, County or ppoar to the said llega), it shall and tho Corporation, to such service, wiiy in part, to order irt: and if it shall in the whole or in the Corporation, ot shall be sustained nder any such By- a i MISCELLANEOUS PIIOVISIONS. Jaw, unless such By-law or the part thereof under which the same shall J be done, shall be quashed in manner aforesaid ono calendar month pre- I riously to the bringing such action ; and if such Corporation, or any N person sued for acting under such By-law, shall cause amends to be ^ tendered to the Plaintiff or his Attorney, and upon such tender being pleailed, no more than the amends tendered shall be recovered, it shall and may be lawful for the said Court to award no costs in favour of the Plaintiff, and to award costs in favour of the Defendant, and to adjudge that the same shall be deducted out of the amount of the verdict. CLVI. And be it enacted. That all the By-laws of the different Muni- cipal Corporations in Upper Canada remaining unrepealed at the time this Act is appointed to come into force shall continue in force until amended, altered or repealed by some By-law or By-laws to be passed for that purpose by the Municipal Corporation by this Act substituted for such former Municipal Corporation ; Provided always nevertheless, that the provision contained in the next preceding section of this Act, for tryinw the validity of By-laws to be passed by the Municipal Cor- porations erected under this Act, shall extend and apply to all such By- laws of such former Corporations, and shall and may do certified by the proper Officer of the Corporation erected under this Act, as if they had Deen By-laws passed under the authority of the same ; Provided always nevertheless, that nothing herein contained shall extend or be construed to extend to confirm or render valid any By-law which would not have been valid had this Act not been passed. CLVIL And be it enacted. That each and every Returning Officer ■who shall hold^any election under this Act, shall, during such election, Act as a Conservator of the Peace for the County in which such election jfihall be holden, and he or any Justice of the Peace for such County, or lor the Town or City in which such election shall be hoUlen, shall and may arrest or cause to be arrested, and may try summarily, imprison or bind over to keep the peace or for trial, or cause to be summarily punished by fine or imprisonment, or both, any riotous or disorderly person or persons who shall assault, beat, molest or threaten any voter or elector doming to or going from such election ; and when thereunto required, all Constables and other persons present at such election, are enjoined to be *s sting such Returning Officer and such Justice or Justices of the Pe. '6, on pain of being hold guilty of a misdemeanor ; and such Return- ing Officer or such Justice or Justices shall and may, when he or Ithey consider it necessary, appoint and swear in any number of ^^Bpecial Constables to assist in preserving the peace and order at such Jelection. . CLVIII. And be it enacted, That any person liable to serve the office ■of Constable, and so required to be sworn in as Special Constable by any such Returing Officer, shall, if he shall refuse to be sworn in as iuch.be liable to a penalty of five pounds currency, to be recovered to Ills own use in any Court of competent jurisdiction, by him who will sue 'for the same. ^ CLIX. And be it enacted, That each election to beheld under this Act shall comrfience at the hour of eleven of the clock in the forenoon of the day for which such election is appointed, and may be hohl until the hour of four of the clock in the afternoon of the same day, and may then bo adjourned until ton of the clock in the forenoon of tlu; next day and continue until four of the clock in the aftornoon of such second day* unless the Returning Officer shall see that all tho electors intending to vote have had a fair opportunity of being polled, and one full hour at one lime shall have elapsed^ and no qualified elector shall, during such time, feive or tender his vote, free access being allowed to electors for such 47 •lone under By- InvvH. Amends may be tendered. Savins of prpdpnt Hy laws of exint- iiiK <'<)r|ioration« iiiiiil ropcalcd Proviso : nrxt preceding section to ap|ily to ilieni. TroviBO. Kelurnlng Olticcru to net ns Conservators of the Peace dur- ing elections. Constables, Stc-, to aHHiht if required. Penally against persons refusing to nerve as Spe- cial Consiablei. Hours of holding elections. Adjuurnuicnts, If no elector oilers to vole in ono hour. 48 MUNICIPAL CORPOBA'flONS. Returning Offi- cer 10 keep Poll Book, nnd in what tbrtn. He Khali declare the Candidates elected. And shall have a cneting vote in case of ties. Proviso : he sliall not other- wise vote. Returning Offi- cer to return Poll Book to Town Clerk, Sec, after election. If the person elected refuses to ttike oliice, a Warrant shall issue for a new election. * Proviso: the Cor- poration may im- mediately pro- ceed to business. Vacancies in Municipal Cor- porntions how to be filled. Proviso nc to terms of office. As to notice of special elections. purpose, in which case he may close the election at four o'clock of the lirst (Jay, or at any time before that hour on the second day. CLX. And be it enacted, That the Returning Officer at each of the said elections at which a poll shall be called for, shall keep a poll book, in which he, or his sworn Poll Clerk shall enter in separate columns the names of each of the persons proposed and seconded as candidates by any elentors present at such election ; and opposite to such columns, he shall write the names of the several electors offering to vote at such election, and in the respective columns in which are entered the name of the candidate voted for by each voter, he shall set the number one, and at the close of the poll such Returning Officer shall add up the num- ber of voters for each candidate sat dewn in their respective columns, and he shall declare which of the said candidates have the highest num- ber of vote., beginning with the one having the greatest number, and so on until the whole numberofcanr. ^ates to be elected at such election, having a greater number of vote.' in lavor of each respectively than the remaining candidates shall appear, and he shall publicly declare the requisite number of candidates duly elected ; and if any two or more candidates shall appear t^ have an equal number of votes, by reason of which equal number the election appears undecided, the Returning Officer, whether otherwise qualified or not, shall gi- ; a vote for one or mere of the candidates having equal numbers, so as to decide the elec- tion ; Provi'^ed always, that no Returning Officer under this Act shall vote at any election which it shall be his duty to hold, except in the case of euch equality of votes as aforesaid. CT,XI. And be it enacted. That after the '-lose of any such election, the Returning Officer shall return the pollbook to the Township^ Village, Town or City Clerk of the Township, Village, Town or City m which the election has been holden, with an affidavit or affirmation thereto annexed, that such poll book contains a faithful and true statement of the poll, and with a certificate that certain persons, naming them, have been duly elected. CLXII. And be it enacted, That in case any of the persons so declared to be elected, shall neglect or refuse to accept office, or to be sworn or affirmed into office, within the time in whicn the oath or affirmation of office is required to be taken as hereinbefore provided, then the Head of such Municipal Corporation for the preceding year shall forthwith by Warrant under his hand and seal, directed to the Returning Officer, require him to hold a new election to supply the place of such person, which such Returning Officer shall aecordinglv do within at least eight days after the receipt of such Warrant, and the person who shall be elected upon such Warrant shall be entitled and bound to be sworn or affirmed as Councillor, in the place of the person refusing office, or neglecting or refusing to be sworn or affirmed as aforesaid : Provided always nevertheless, that the necessity for such second election shall not prevent or interfere with the immediate organization of the Municipal Corporation for the year, or their proceeding to business as if such seat were not vacant. CLXIII. And be it enacted. That all vacancies which may occur in any of suck Municipal Corporations, by death or otherwise, shall be filled by an election to be held under a Warrant directed to the Returning Officer under the hand and seal of the Head of such Municipal Corpor- ation : Provided always, that the person so appointed shall hold his seat in such Corporation by virtue of such appointment for the residue of the term for which his immediate predecessor was elected, and no longer. CLXIV. And be it enacted, That all such Special Elections as aro prov'ded for by the two next preceding sections of this Act, shall be who. MISCELLANEOUS PROVISIONS. (Ui- o'clock of the day. ir at each of the keep a poll book, arate columns the as candidates by such columns, he ' to vote at such (ntered the name the number one, 11 add up the num- ipective columns, 3 the highest num- test number, and -d at such election, aectivbly than the |^ blicly declare the any two or more rotes, by reason of 3d, the Returning ; a vote for one or o decide the elec- der this Act shall , except in the case any such election, Townshipj Village, ' or City m which [affirmation thereto il true statement of laraing them, have persons so declared or to be sworn or th or affirmation of .1, then the Head of shall forthwith by Returning Officer, ;e of such person, ithin at least eight •son who shall be md to be sworn or refusing office, or bresaid : Provided ,d election shall not of the Municipal [eES as if such seat lich may occur in (rise, shall be filled to the Returning [Municipal Corpor- I shall hold his seat Ir the residue of the Id, and no longer. II Elections as aro [this Act, shall be held upon at least four days' public notice to the Electors under the hand of the Returning Officer, ancl posted in at least four of the most public places in the Township, Village or Ward for which it is to be held. CLXV. And be it enacted. That if in any year there shall be no velection held in any Township, Villa.^e, Town or Ward, on the appointed day, or if a raquisile number of candidates shall not have been elected, or if there shall not be in the poll book the names of a sufficient number of candidates ' j supply any deficiency arising from refusal of office, or neglect or refusal to bo sworn in, then, and in every such cjise, it shall and may be lawful for the members of the Municipal Corporation in which such default of members shall occur, or if none be elected, then, for the members of such Municipal Corporation for the next preceding year, or the majority of them respectively, and they are hereby reciui red to supply the deficiency by appointing the whole number of Aldermen anu Councillors, when the whole number shall be deficient, from amongst the qualified freeholders and ' "useholders of the Township, Village, Town or City, or by appointing such a number of qualified freeholders and householders of such Township, Village, Town or City as will com- plete the full number of Aldermen and Councillors for the same, and the person so appointed shall be bound to accept office, and to be sworn in, under the same penalty as if elected CLXV I. And be it enacted. That if there shall be any vacancy or vacancies in the offices of Warden, Mayor or Townresve, by reason of the death or removal of residence of any such officer, the respective Municipal Corporations in which such vacancy shall occur, shall and may respectively choose, from amongst their own number, a qualified person to be a Warden, Mayor, or Townreeve, as often as the case may occur. • CLXVII. Anil be it enacted. That the Municipal Corporation in office •on the day of general annual municipal elections, including all Coun- 'cillors so appointed to make inp deficiencies, shall hold office until their ; successors shall be elected or appointed and sworn into office, and the ' new Municipal Corporation shall be completed. CLXVIII. And be it enacted, That at any session or meeting of any Municipal Corporation under this Act, :> majority of the whole number ,,of those who shall by law form such Corporation, shall be a quorum 'for the dispatch of business ; and if the person who ought to preside at 'any such meeting shall be absent, it shall and may be lawful for those present to appoint from amongst themselves a Chairman to preside at guch meeting, and the Chairman so appointed shall have the same ffunctions and authority in presiding at such meeting as the person who, |if present, would preside at such meeting ; and all votes, resolutions and fproceedings of such meetings shall be carried by the majority of votes *of the persons composing such meeting, other than the person presiding, •who, in case of an equality of votys, shall have the casting vote. CLXIX. And he it enacted, That it shall bo the duty of each of such .Municipal Corporations to appoint a County, Citv, Town, Township or ^Village Clerk, as the respective cases may require, who shall hold office .during their pleasure, and who shall be paid h\ such salary as they shall appoint, to be taxeJ. and levied upon the whole rateable property in such County, City, Town, Township, or Village respectively, according to the assessment 'laws then in force in Upper I'^anada. CLXX. And be it enacted, That it shall be the general duty of such >Clerk to record in a book to be provided for that purpose, all the pro- atceedings of the Municipal Corporation of which he shall be Clerk, and "^o make regular entries of all resolutions and decisions, and to record Hhe vote of every person present entitled to vote on every question sub- rrovisioii incase or no election being held on an np|iointC(l day. Appointment of Aldermen and Counciltors. Vacancirg in of- fices of Warden, Mayor, &.C., lio>v to be filled up. Corporations ia in office to liold until tlieir huc- cessors arc L'lucl»:d and sworn in. A majority of the whole nuiulMT of ineinliers to form a quorum. Temporary Chairman in cer- tain caises. Majority. Casting vote. County Clerks, &c., to be appointed, to be paic* by balnry leviijd upon rateable propel ty Clerk to keep records of pro- ceedings of Cor- poration, ice. 60 MUNICIPAL COUPORATIONS. A Treasurer to be appointfd for each County. &c, and a Cliainher- laiii for each City. Their saKiry or per cemage to be levied on ratea- ble property. Security Duties of Trca ■urers and Cham* berlaius. Clerk*, &c.^ to hold Office until removed by Cor- poration. Books, &.C., of pret>ent District Treasurers to be deemed chattels belonging to the ditferent Munici- pal Corporations. P'- 'ehment of Oti.oers embezzl- ing or refusing to deliver the same, to the proper par- ties. mitted, if required by any member present, and to preserve and file all accounts acied upon by the body to which he is Clerk, and to keep the books, records and accounts of such body, which shall be open with- out fee or reward to the inspection of all persons, at all seasonable times and hours. CLXXI. And be it enacted, That it shall be the duty of the Munici- pal Corporations of the respective Counties, Towns, Townships and Villages to appoint a Treasurer, and of the Municipal Corporations of the respective Cities to appoint a Chamberlain of the same respectively, who shall hold office during their pleasure, and shall be paid by such salary or per centage as they shall appoint, (to be raised and levied rateably upon the whole rateable properly of such County, City, Town, Township or Village respectively, according to the assessment laws then in force in Upper Canada,) and who shall give such security for the faithful performance of the duties of his ofKce, and more especially !'or the due accounting for and paying over all moneys which shall come into his hands by virtue of his office, as the Municipal Corporation by which he was appointed shall direct. CLXXII. And be it enacted, Tliat it shall be the duty of each of such Treasurers and Chamberlains to receive and safely keep all moneys belonging to the County, City, Town, Township or Village for which he shall be appointed, and to pay out the same to such persons and in such manner as ne shall be directed to do by any lawful order of the Munici- pal Corporatio'- thereof, or by any law in force or to be in force in Upper Canada, and f trictly to conform to and obey any such law or any By-law lawfully made by any such Municipal Corporation, and faithfully to perform all such duties as may be assigned to him by any such law or By-law. CLXXIII. And be it enacted. That the Clerk, Treasurer and Cham- berlain 80 to be appointed by any Municipal Corporation as aforesaid, as well as all other officers to be appointed in like manner, and with regr rd to whose period of service no other provision is made by this Act or in any o^iier law or By-law, shall hold their offices until removed therefrom by tho Municipal Corporation for the time being, notwith- standing any chi^nge in the persons of whom such Municipal Corpora- tion shall be composed, occasioned by any new election or appoint- ment. CLXXIV. And be it enacted, That all the books of the present Dis- trict Treasurers, and all book3, papers, accounts or documents of what kind soever, which shall have been kept by or shall have come into the possession of any person or officer to be appointed or employed by any Municipal Corporation, by virtue of his office or employment, shall be deemed to be chattels belonging to such Municipal Corporation ; and all moneys or valuable securities which shall have been lawfully received or taken into his possession by virtue of his office or employment, shall be deemed tc be moneys or valuable securities belonging to such Muni- cipal Corporation ; and if any such officer or person shall at any time fraudulently embezzle any such ch.nttel, money or valuable security, (and any refusal or failure to pay over or deliver up any such chattel, money or valuable security to such Municipal Corporation, or to any officer or person by them authorised to demand the same, shall be hekl to be a fraudulent embezzlement thereof,) he may be indicted and pro- ceeded against, and being convicted thereof, shall be liable to be pun- ished in the same manner as any servant who having fraudulently embezzled any chattel, money or valuable security received or taken into his possession, by virtue of his employment, for and in the name and on the account of his master, may be indicted, proceeded against and prev( ratio] ties, convi suit CL create ship c shall 1 ration ties ui; virtue ment c matter ^ or to \v tinued manne con tint so that gations owing locality such C |ntende( oe veste be held, Porporal iporporat •hall b& •lecured iiilions, . gie samt ave bet this Act '- CLXX Municip the local Wpon the l^yment principal §een ent( §ound is fince dii •ther spe( Until the ( Act was J ^heiwise #ach year i^hich sh{ before the i[ CLXX^ Municipa Mpon the iPovvnshipi pear, to pa literest wl I By-iaw MISCELLANEOUS PROVISIONS. 61 irve and fi^e all md to keep the be open wiih- easonable limes r of the Munici- Towiiships and Corporations of merespeclively, be paid by such lised and levied niy, City, Town, assessment laws such security for [ more especially which shall come i^ il Corpoiation by ity of each of such keep all moneys Uage for which he ersons and in such derof the Munici- e in force in Upper law or any By-law , and faithfully to ^ ,y any such law or lasuier and Cham- ration as aforesaid, manner, an.l with 1 is made by this lices until lemoved le being, notwith- ^unicipal Corpora- ection or appomt- lof the present Dis- Hocuments of what [have come into the r employed by any pployment, shall be [orpovatioii ; and al \ lawfully received employment, shall luring to such Muni- T shall at any time valuable security, any such chattel, poration, or to any fame, shall be held i indicted and pro- oe liable to be pun- laving fraudulently t received or taken ir and in the name proceeded againsi and punished : Provided always, that nothing herein contained shall prevent, lessen or impeach any remedy which such Municipal Corpo- ration, or any other party may have against such offender or his sure- ties, or against any other party whomsoever; but nevertheless, the conviction of any such offender shall not be received in evidence in any suit or action at law or in equity against him. CLXXV. And be it enacted, That the Corporation created or to be created in and for any County or union of Counties, City, Town, Town- ship or Village, by this Act, or under any provision therein contained, shall be substituted for and shall be in the place and stead of the Corpo- ration theretofore existing in and for the same County or union of Coun- ties under the name of District, City, Town, Township, Village or place by virtue of any Act or law in force immediately before the commence- ment of this Act, and so that any suit, action, prosecution or other act, matter or thing, commenced or continued by such former Corporation, or to which it shall have been a party, shall not abate, but may be con- tinued and completed by, with or against such new Corporation, in like manner and as validly to all intents and purposes as it might have been continued or completed by, with or against such former Corporation, and 80 that all estates and property, real or personal, and all debts and obli- gations of any kind, theretofore vested in or belonging to or due, or owing to or contracted in favour of such former Corporation, or the locality over which its jurisdiction shall extend, whether in the name of 6ucb Corporation or locality, or in that of some Officer thereof, and Intended for the benefit of such Corporation or locality, shall thereafter ;l>e vested in and shall belong to and shall be due and owing to, and may be held, possessed and enjoyed, recovered and enforced by such new C^orporation, and all debts, liabilities and obligations of such former i^orporation, of what kind soever, or in v^hat manner soever secured, |hall become debts, liabilities and obligations of such new Corporation, fecured and payable in like manner, and upon the same terms and con- pitions, and to be recovered and enforced if not paid or performed, in the same manner as they would have been recovered from or might have been enforced against such former Corporation or oiherwise, as by this Act provided. :% CLXXVI. And be it enacted, That it shall be the duty of every such Municipal Corporation to take charge of any debt which may be due by me locality over which it has jurisdiction, and to direct the levy by tax upon the same, of such sum in each year as shall be necessary for the {.yrnent of the interest thereon, and as shall be suflicient to pay off the incipal, according to the contracts and obligations which shall have en entered into in that behalf: and where any sum of money in the *ound is by any Act of the Parliament of Upper Canada, or of inis Pro- vince directed to be levied for the payment of any such debt or for any •ther special purpose, it shall be the duty of such Municipal Corporation, nntil the debt shall be paid or the purpose fully served for which such :j|ct was passed, or until the service contemplated by such Act shall be Iptherwise provided for, or the Act repealed, to cause to be levied in j|ach year upon such locality, a sum at least equal to the highest sum gehich shall have been raised for the same purpose in any one year ^fore the passing of this Act. i- CLXXVII. And be it enacted. That it shall be the duty of such Municipal Corporations respectively, to cause to be assessed and levied Upon the whole rateable property in their Counties, Cities, Towns, Townships and Villages respectively, a sufficient sum of money in each ear, to pay all debts incurred or wh'.ch shall be incurred, with the iterest which shall fall due or become payable v;ithin the year ; and By-law hereafter to be passed for the creation of any such debt, or Proviso: other remedies not to be leviened. Corporntioiis created under this Act 10 be siibstiiuted for Corporniions theretofore exist- ing — nnd suits coinineiiced by former Corpora- tioMB may be continued by the new Corpora- tions, and vice versa. Corporations to take cliarge of debts due by localities unrier their jurisuic- tion.and provide for their pay- ment. What rates shall be levied for pay- ing such Debts, in certain cases. A sufficient sum to be levied by assessment for payment of all such debts, and interest. By-laws creating or authorizing 1.1' I ■M: 52 MUNICIPAL CORPOIlATIONfl. nny ilrlMiioliotir vniiit iinlro* «nf- floirnt jih)viBinM lie llirroiti iiiiiilo for li'vyintf inonrvi" till (he |>;iyiin'nl ol »iicl» iIpIh, within twenty years. Hue h Py-lftw not iriienlni»l(', Ac. Pnivino : lio'.v nnr lompoinry MirplimorKiioh «noiiry!< in:)y 1)0 invobtod. Ity-lawii for rais- i 1^ lon:i», &(•., »i>al' .101 lie rrploalrc) or nitcroit iimil tiK' lonnsand iiiicr- OBl tlioreoii ;ui' iXilly paid. I'uni»l»non( ^yf tXliorm rrtumn^ to exooiite siii-h Jc levied by rntc. foiling nogociiilion of tiny lonn, Nlmll bo valiil or pH'cmMujiI, lo Itiiid any mn'h Municipal ('t)rt>oifilion, nnloHS n spocial riilt! pei- ainnim ovtir and aluivt', and in addition to ail other \n\vn whatsoovin" nHhII bo Bottiod in snoh Uy-law, to bo loviinl iti oatdi ytMt for tlio paymont of tlio dtdit to bo created by the It)an lo bn ncti^ocialtnl, n intt'rcst thorct)!, williin twenty years Ironi tho passiny; ol such Hy-law, aitd ly the pioceods thereof to any other iinri>oso than tho payment and satialactien ol the .same ; Frovitletl alway.s, novcrtholoHP, that in tho ovon! of there beiny; any part of such special ralo on hand, ami wliich (niiinot be immediately applied towards the payment and Natisfactiot' of such debt bv rea.'-ouof no part thereof beini)- then payable, il ,«o, nff'li'dl nty,Ciiy,'l'ow", I ,tobt, with Ww i)i Ruoli Hy-lavv, 1 t'o«pouiii»ni, l<» iho ilobt m) to \w , «lif«idu\u';fd •, iK'v llio puyinont ami ., that ill tUoovoul ii„» which raiUKtt . ictiofufsiu'hdtjbl jt'thodutyois'uh [jtl to invest s'lch I, or iu such othor order in Council nds to arise or bo viiml 80 levied by ,y which it shall bo y such loan, or fov )i- any such loan or . Iiiish the amount lo onn or ibo iniGiest (nleernod, paid ami obeabsohitelyniill fany orthoOlHcnrs of such pretondcd cvocntion the said Im, satisfy and dis- ich Olhcor shall U. hunishod by fine oi whoso duty it shall v. the duty of every ,insl any Municipal [ority of this Act. if Sheritr to levy th'' it of I'vecution ami [h Municipal Corpo- lusincss or dvkrelh.ii: ement in writing oi It and costs required |e day of the servico )nveniently may be (8t thereon from thf such SherHr within je the duty of suck &ment rolls of sucli lerk of such Corpo- lanner as rates may oral Municipal puf- sufficient amount ir. rrcrrptu t'. Im liiKiira to i*iu (lio nound nc.roidin;r to such HRsesnmont rolIr« to ( ovei the amount so duo on such exeeulion, willi such lulditinii to the saine as in the jiid^irieiif of such Sheriir shall he midicioiit to oover iUc iiilercsl, Slirnll's lees, uiid CoIle(!tor'« per eentage to aecnie thereon to ihe time wlieii siicli rate nhall niobably be available for the satisfaction of the same : Aiidlliere- upoii, such Sherin shall, by a precept or precepts under hifl Hand and VnWccunn. Seal of Ollico, «lirecled to the difloroiit Coljeclors of siieh Miimeipal Corporation respectively, reciting such Writ of Execution, and that siieli Municipal Corporation had neglected to make provision areordin^ to Law for the satisfaction Iheioof, and eontuiniiig the roll el such rate ma Sehodulo to be annexed to such precept, command such ('olloelors respectively, lo levy and colleol such rate within their resnectivo jiiris- dietioiis, at"tlie lime and in the manner thai they are by Law required l(» levy and colled the annual rates for Iho geneial purposes of such „,„ ,r,.„„,,^, Municipal Corporation, and if at the lime for levying and collecting siieli „„ „„|,,,r ^„ru annual rates next after the receipt of any such precept, such Collectors i>ffc«|ii". AhalJ have a general rate roll delivered lo thern lor siieh year, it shall bn their duly to add acolumn|lliereto, headed : " Kveculion rate in A. B. vn. The 'I'owiiship," (or an Ihv cimc vwij br, addinfr a similni- coUimnfor each txc- cul'wn if more Oinn our,) nnd to insert tlieieiii the amount by sueh precept recpiired lo be levied upon each person respeetively according lo tlio re(juiremeiits of such pr(!eo])t, and lo levy aiul eolloct the amount of such Kxecutioii rale from such persons respectively, in the same manner as fliich general aniuud rale is by law directed lo be levied and collected by such Colleclors, and to return sucli precept with the arnounl so levied and collenled thereon, after dednding iiis per eentage tlifMi.lrom, to such Shorill' within the same time as such Collectors are or shall by law bo recjuired to make the returns of the general aniuiiil rate aforesaid lo Ihe Chamberlain or Treasurer of such Municipal (Corporation; Provided ' always neveilhelcss, firstly, that any surplus that shall remain in llie . hands of such Slierid'upou any such preceptor precepts, alter satisfy- ■ iug such Kxeculion, nnd all interest, costs and fees thereon, shall hy such Sheriff bo paid over to the Chamberlain or Treasurer of such Muni- cipal Corporation within ten days after the same shall be so received by him, and be applicable to the general purposes of such Municir)al Corporation as the surplus of any otner rate : And provided also, seoonclly, i that Ihe Clerk of such Municipal Corporation, and the several yVssessors ■; and Collectors of such Corporation, shall, for all purposes in any way i conneclcd with the carrying into efiect or permitting or assisting such ofVoJn from ; Sheritr to carry into efTect the provisions of this Act, with respect to tho whirh Writ . satisfaction of ■ ..y such execution, be taken and deemed to be Oflioers ["I", p,',r|!^BC9. I of the Court out of which such Writ of Execution issued, and as such shall bo amenable to such Court, and mny bo proceeded against by Attachment or otherwise to compel tho performance of the duties hereby imposed upon them as any other Officers of such Court may by law bo proceeded against for a similar purpose. CLXXX. And be il enacted. That every such Municipal Corpora- ,tccotiMof'rc- r,(,'|/t. I'rovino nn to fliir|ilii!i in Imrirlfi of Hhoriir /trier ontisfyiiij; rxerii- Provifio: ('Icrk nnd AfscsHors, ftr,,, of t'orjiorn- tion lo U- roimi- (Icrfil ;i» OfFirer* to ttif! (iovcrnor CJrrioral. Parliculnrs in 8uch nccoiint. 54 I'roviBion for Iho i)|)|K)iiitmi'iUorr CoinniU'ton to iiivi'NiiRntr lliinii- e\^\ {inair* of Municipal t'or- porntioiiH ii|>oii iluoc.-tusoHliuwii. rowpm of the CoiniiiHsioneri. Act »( Canndn V. c.:?8. ciied. Ah 10 ('xpciisrR of ('oiiiiniKsion. A a to ik'lits (hie liy Muni.'ipiil Cor(>.)r;iti()iis prior to list Jiinunry, l?JO : a lly-l;i\v may be p,1|ilil>il Wltll appiovnl of llie fJoM'riiijr ill Council, &c. MUNICIPAL CORPORATIONS. firsi (liiy of Deoombnr, tlio nmount of sncli orifjinnl loan rodoomorl and satisliod (Iming such year, Iho ainotint of interest, if any, iinpaicf on such t'ay, and tho balance still duo on tho principal of Hiich loan. CliXXXF. And bo it enacted, That upon tho petition of one third or upwards of tho members of any Municipal Corporation created or to be created under the authority of this Act, it shall and may be lawful for the (Jovornor of this Province ii sulboiont cause bo shewn, by order in Council, to issue one or more Commission or Commissions under tho Great Seal ul this Province directed to such person or persons as ho shall think fit, empowering them to enquire into tho financial and monetary nflaiis of sucli Municipal Corporation and all things connected tliero- wilh, and the person or persons so named in such Commission or Commis- sions, or as many of them as shall bethorebyempowered toact in the exe- cution thereof, shall have all such powers for tho conducting such intjuiry now by law vested in Commissioners oflnquiryapiviinled under the Aclol tho Parliament of this Province passed in tho ninth year of the reign ol ^ lb;r Majesty Queen Victoria, chapter thirty-eight, intituled, An Arf to rmpotrcr Commissioners for in nay bo lawful for own, by ordor in ssionn iindor tho lorHonsas ho shall ial and monetary connected ihero- isHionorCommis- 1 to act in the exo- ittingsuchinciuiry 3d under tho Aclol ?ar of the reijin of j|^ tiluled, An Act U) •ted with the piihlic executing every 1 by tho Inspector nly, shall beborno ! shall be so settled Commissioner or vided for and paid ( by them in their ■ the same within emanded by such n, at the olfice ot rporation, shall bo y other debt. t to any debt bond Town or Village to the first day of it shall and may jbstitutcd for such ouncil or Board of lointed for this Act iquidation of such Governor of this 13 Act by which U'bts due by such )ts or any of them, Corporation in rais- Ms, or in applying le according tollio thcless, first, thai to extend, to pre- such Corporation lentures to pass as me mode for their reof annually, and in the place ol ey fall due, when exchange till the pletely redeemed w ; And provided ixtend or be con- h Municipal Cor- MISCELLANEOUS PROVISIONS. poration of all such remedies as they now by Law posHesH for the recovery ofHiiclitleblHagainHt the District Municipal (.Council, City, 'I'own (»r Villago Council orHoaiilofi'(ilice, vvhicli they may l>o owed, all which rornodicd they shall continuo to liavo against the Municipal CoriMJiationssubslitiitecl for such Disli id Municipal Council, City, 'J own or Village Corjioralion. CLXXXIH. And be it enacted, That it shall not bo lawful for any of tho Municipal Corporatioiib to continuo or bo incorporated niRhsr tho authority of this Act to act as Hankers, or to issue any Bond, Hill, Note, Debenture or other undertaking, of what nature or kind soever, or in what form soever, in tho nature of a Bank Hill or Note, or for tho pay- ment of any money intended to form a uirculaling medium to supply tho place of specie, or otherwise pass as money; nor shall it be lawful for any of such Municipal Corporatioiis to make cr give any Bond, Bill, Debenture or other undertaking for the payment of any loan contracted by such Corporation, or of any debt due by such Corporation, or of any lart of such loan or debt, of a less amount than twenty-five pounds of awful money of Canada ; and if any such first mentioned Bond, Bill, Vote, or Debenture or other undertaking, shall be issued or put in circu- ation by any such Municipal Corporation or under its direction or authority, or under tho direction or authority of any of its officers or ser- vants, or of any other person or persons whomsoever, or if any such last mentioned Bond, Bill, Debenture or other undertaking, shall bo made or given by any such Municipal Corporation for tho payment of a less amount of money than twenty-five pounds as aforesaid, every such Bill, Bond, Note, Debenture or undertaking, shall be absolutely null and void to all intents and purposes whatsoever; Provided always nevertheless, that nothing in this section contained shall extend or bo construed to extend, to any Bond, Hill, Note, Debenture or other undertaking, to be issued under- the authority of any siich By-law as shall or may be passed with tho consent of tho (lovernor of this Province in Council, for nrovitl- ing for tho payment and satisfaclion of certain debts mentioned in the last preceding section of this Act. CLXXXiV. And be it enacted, That every person who shall issue or make, or assist in the issuing or making of any such Bonds, Bills, Notes, Debentures, or undertakings for the payment of money contrary to tho provisions of the next preceding section of this Act, and every person who shall knowingly utter or tender in payment or in exchange, any of such Bonds, Bills, Notes, Debentures or undert.akings for the payment of money, shall be guilty of a misdemeanor, as provided in and by the third section of the Act of the Parliament of the late Province of Upper Canada, passed in the seventh year of the reiirn of His late Majesty King William the Fourth, Chapter thirteen, and intituled, An Act to protect the public against injury jrom Private Banks. CLXXXV. And be it enacted, That all persons committing any ofTence against any By-law lawfully made by any Municipal Corpora- tion under the authority of this Act, and with regard to prosecutions for which no other provision is hereby made, may be prosecuted in a sum- mary way before any one or more Justices of the Peace, having juris- diction within the locality in which the offender shall be resident, or within that in which the ofTence was committed, and such Justice or Justices, or other authority, before whom any conviction for any such ofi'enco shall be had (and any such offender may be convicted on the oath or affirmation of any competent witness other than the prosecutor or informer) shall have full power and authority to award the penalty or the imprisonment, as the case may be, imposed by the By-law under which the conviction shall be had, with the costs of prosecution, against the offender, ^d to commit the offender to the common gaol if the offence be punishable by imprisonment, and to cause the penalty to be m Miinlripnt Tor- IKKiiti'iiiii not 10 firt AM llHiiltfrior 1o iRmii; llonilii, Ikr ., to |in*it ui money. Nor bIvj! any notwl, fk.r.., of n U'fn niiioijiit Uiaii Ppiifilly Tor fon- trnvcniiig (hi* ttcctlon. Provifioni to llondf), Slc, ivHiicd with n|i|irov(ilof ♦iovi-rnor in Council. Any iicmon or uttering Ilondt contrary to tliiii Act. to Ite guilty of iiiiHdenieanor. Act of U. (.'.7 VV. i. c. 13. I'unlBhmont of per«oii»o(lien(ling np:\\i)H Ity-lnwf), where no oiher provision ifi iiiaile, mill hew enlbrceJ. Penally how levied. 56 MUNICIPAL CORPORATIONS. How opplicd. Proviso : pro§e- ciition may lie brought in iiniiie or Cor|)oratiuii. Proviso as to MoniljcrM of the <'orporniioii liL'iiiK Jiisticca of the I'oacc. Officers, Ilc, of • /orporaiion, conipclcnt wit- iis.u's ntiil jurors, ill cnm's in wliicli the Corporation ■liall bu ii party. rorporations not to stop up origi- ral allowances for roads. Wlicn any other road is altered, tlic«itoof the old rond may he sold by Corporation to the party next whose land it runs, &,c. Proviso: who eliall have the first offer. As lo parlies having given land for roads without compen- sation. Roads not to exceed ninety, nor be less than forty feet in brcadtli. levied with costs, if not fortliwitli paid, by distress and sale of tlie ^oods and chattels of the offender, by Warrant under the hand and seal ot such Justices or one of them, or of the Chairman or Presiding Officer of the Court before whom such conviction was had; and one moiety of any such pecuniary penaUy shall go to the informer or prosecutor, and the other Moiety shall be paid to the Treasurer or Chamberlain of the Cor- poration against the By-law whereof the olfence shall have been com- mitted, and shall form part of the funds at the disposal of such Corpora- tion : Provided always, firstly, that any such prosecution may be brought in the name and on the behalf of such Corporation as aforesaid, and in that case the whole of such pecuniary penalty shall be paid to the Trea- surer or Chamberlain Of such Corporation, and form part of such funds as aforesaid : And provided also, secondly, that any member of the Municipal Corporation, under the By-law whereof any such prosecution as aforesaid shall be brought, being, ex officio or otherwise, a Justice of the Peace within such locality, may act as such with regard to such prose- cution. CLXXXVI. And bo it enacted, That as well with regard to any such prosecution as to any suit, action or proceeding to which any Cor- poration created or to be created by or under this Act shall be a party, no member, officer or servant of such Corporation shall be deemed an incompetent witness, nor shall his testimony be objected to on the ground of his being interested in the matter, as such member, officer or servant of such Corporation, nor shall he be liable to challenge en such ground as a juror, if he have no more direct interest in the issue of such suit or prosecution, or be not otherwise rendered incompetent ; any law, usage or custom to the contrary notwithstanding. CLXXXVII. And be it enacted, That it shall not be competent to the Municipality of any Township o; to the Municipal Council of any County, to pass any By-law for stopping up any original allowance for Roads in any Township or County, nor on the limits of any Village, Town or City therein. CLXXXVIII. And be it enacted. That on the alteration of any Road under the authority of this Act where the Road thus altered shall not have been an original allowance for Road, or where the same shall lie within any Incorporated Village, Town or City or the liberties thereof, the site of such old Road shall and may be sold and conveyed by the Municipal Corporation under whose autnority the alteration was made, to the party or parties next adjoining to whose land or lands the same shall have run, or in case of his, her or their refusal to become the pur- chaser or purchasers thereof at such price or prices respectively as such Municipal Corporation shall think reasonable, then, to any other person or persons whomsoever ; provided always, nevertheless, that it shall not be lawful for anv such Municipal Corporation to sell and convey any such old Road or any part thereof to any other than the person or per- sons first mentioned at any given price until such first mentioned per- son or persons shall have refused to become the purchaser or pur- chasers thereof at such price : And in case the person or persons now in possession of any Concession Road or Side Line may have laid out Streets in any Cit)', Town or Village without any compensation therefor, he shall be entitled to retain the land within such City, Town or Village originally set apart for such Concession Road or Side Line in lieu of the Street set apart by him in place of the said Concession Road or Side Line. CLXXXIX. And be it enacted, That no Road to be hereafter laid out, under the authority of this Act shall be more than ninety feet nor less than forty feet in width ; provided always, that nothin^in this section shall extend or be construed to extend to affect any Road now established J. Ill sale of llie ^ooils and and seal oi snch siding Officer of the [ one moioty of any prosecutor, and the nberlain of the Cor- all have been com- sal of such Corpora- it ion may be brought as aforesaid, ancT in be paid to the Trea- 1 part of such funds .ny member of the ,ny such prosecution jrwise, a Justice of regard to such prose- with regard to any g to which any Cor- bet shall be a party, shall be deemed an cted to on the ground er, officer or servant nge ©n such ground issue of such suit or jnt ; any law, usage ; be competent to the ipal Council of any iginal allowance for nits of any Village, teration of any Road us altered shall not e the same shall lie ihe liberties thereof, nd conveyed by the Iteration was made, or lands the same to become the pur- espectively as such to any other person ess, that it shall not sll and convey any the person or pev- irst mentioned per- e purchaser or pur- n or persons now in may have laid out Tipensation therefor, ty, Town or Village $ Line in lieu of the ssion Road or Side e hereafter laid out, ninety feet nor less hing»in this section oad now established MISCELLANEOUS PROVISIONS. 'Hinder the provisions of any Act heretofore in force in Upper Canada, nor vrhen any Road shall bo altered under the authority of this Act to prevent Buch altered Road from being laid out, of the same width as the old one. CXC. And bo it enacted, That all powers, duties or liabilities vested jn or belonging to the Magistrates in Quarter Sessions, with respect to nny particular Highway, Road or Bridge in Upper Canada at the time this Act shall come into force, shall from thenceforth become and be Vested in and belong to the Municipal Corporation of the County in which •uch Highway, Road or Bridge shall lie, or in case of such Highway. Road or Brii ge lying within two or mor3 Counties, shall be vested in ana l)elong to the Municipal Corporations of both such Counties, subject ilways to the provisions of this Act as to the mode and manner of exercising, performing and meeting such powers, duties and liabilities, »nd all rules and regulations made and directions given by «uch Muni- cipal Corpor.ition or Corporations in the premises shall have the like force and effect to all intents and purposes whatsoever, as those which Wch Magistrates had previously the povver of making or giving respect- ing the same, and neglect of or disobedience to any such rules, regula- tions or directions so to be made or given by such Municipal Corpora- tion OT Corporations, shall subject the defaulter or defaulters in the premises to the like penalties, forfeitures and other consequences both >ivil and criminal as such nej'lect of or disobedience to similar rules, sgulations or directions of sucn Magistrates would have subjected them ), previous to this Act coming into force. CXCI. And be it enacted. That it shall and may be lawful for any of le Municipal Corporations, created or to be created under the authority Fthis Act, to authoti/e by By-law any person or persons who may be rilling lo contrfict with them, for that purpose, to plank, gravel or lacadamize anyroad or to build any bridge, which, under the provisions If this Act, any such Municipal Corporation would themselves have a pgal right to plank, gravel, macadamize or build, and to grant to such _^eison or persons in consideration or part consideration of the execution of such work, the tolls to be levied on the same after it shall have been eompleted ; Provided always, firstly, that the rate of tolls to be taken Jipon such work, shall in all cases be fixed by By-law of such Municipal Corporation, and not be in the discretion of such person or persons so Contracting as aforesaid ; And provided also, secondly, that no such >ll3 shall be leviable until such Municipal Council shall by a subsequent Jy-law have declared that the work contracted for has been completed, ind that the tolls may be collected thereon accordingly ; And provided ^Iso, thirdly, that the grant of such tolls shall in no case be for a longer Jriod than teri years from the time of the passing of such last mentioned ly-law by which the levying of such tolls shall become lawful ; And [>rovided also, fourthly, that it shall be the dut^ -^^ such person or per- lons during the period that his or their right to levy lolls under such By-law shall continue, to keep and maintain such road or bridge in good •nd proper repair; And provided also, fifthly, that none of the powers fnd privileges conferred by an Act passed in this present Session of rarliament, intituled. An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canada, ihall extend to confer upon any Company formed or pretended to be formed under the authority of that Act, any power of interference with ♦ny authority conferred by any such By-law upon any person or persons V tinder the authority of this section. -i CXCII. And be it enacted. That it shall not be lawful for any of such [unicipal Corporations to make any By-law for the stopping up, altering, ridening or diverting any public highway, road, street or lane until they wall have caused at least one calendar month's notice to have been 57 Proviiio !\» to l<(j'iilri now ekt.'iljIiih'.Ml. Powt-rg, &c., of MngiHlratPH m Uuartvr Hetiniuns wiih rrgpi'ct to IliKfivvnyn. fcp.. vented ill Muni- cipal CorjKjra- tioni. An to rules and ro(;ulatioiiii tiiudc by tlictn. Corpornfion may nutliori'/e prr- KOnsto pinnk, &.(•., Road^i or build Hridfres within thrir jurisdiction. Proviso : Tolls to !.e fixed by Corporation. Provigo: tolls not leviable until the work is completed. Proviso : tolls not to be srantcd for more tlinn ten years. Proviso : perponj, receiviiiptoIlK, to keep roads, Sec, in repair. Proviso as to companies (brin- ed under the ficneral Act of this Session. Corporation not to stop up Roads, &.C., without one monUi's notice, &c. ' 68 MUNICIPAL CORPORATIONS. Proviso : Cor- porations not to interfere with Roads, &c., vested in Her Majesty or any public depart- ment. Poweri of Gov- ernor in Council as to such Roads. Corporations not to interfere with the alji^ninent, &.C., of Roads laid out by the Ordnance, &c., except by consent. Corporations not to run Roads thtonghOrd- . nance property or interfere with the defences of the Province, &c., except by consent. In cnso itelinll be liecpsBiiry for RoailH to pass over. Sec, pri- vate properly, nrbitrriiors to be fippointed. given by written or printed notices put up in the six most public places in the immediate neijjhbourhood of such highway, road, street or lane, nor until they shall have heard in person or by counsel or attorney, any person through whose land such highway, road, street or lane, or pro- posed highway, road, street or lane shall run, and who may claim to be so heard before them : Provided always, nevertheless, that nothing either in this section or in any other of the provisions of this Act shall extend or be construed to extend to give any power or authority whatsoever to any of the Municipal Corporations erected or to be erected under the authority of the same, to interfere in any way with any of the public roads or bridges in Upper Canada, which by Act of Parliament or other- wise, now are or hereafter may be vested in Her Majesty, or in any public department or board of Her Majesty's Provincial Government as a Provincial public work ; with respect to all and every which Provin- cial public works whether roads or bridges, all and singular the powers by tnis Act conferred upon or vested in such Municipal Corporations, with respect to other roads and bridges within the limits of their respec-' tive jurisdictions, shall be and the same are hereby vested in and shall and may from time to time and at all times hereafter be exercised by the Governor of this Province in Council with respect to such Provincial public roads and bridges and every of them, by such orders in Council as shall or may from lime to time be made for that purpose. CXCIII. And be it enacted, That nothing in this Act contained shall extend or be construed to extend to give any power or authority what- soever to any of the Municipal Corporations erected or to be erected under the authority of the same, to pass any By-law for the direction or alignment, stopping up or altering of any of the streets, lanes or thorough- fares which have been or hereafter shall or may be made or laid out by the Department of Her Majesty's Ordnance, or to the interfering in any manner with any bridges, wharves, docks, quays or other works con- structed by or under the direction of Her Majesty's Ordnance, or on the land held by Her Majesty and reserved for military purposes, until the consent in writing of the Head Quarter Board of Officers of Her Majesty's Ordnance acting in Canada, shall be first had and obtained authorizing such intended By-law to extend to Ordnance Property. CXCIV. And be it enacted, That nothing in this Act contained shall extender be construed to extend to give any power or authority what- soever to any of the Municipal Corporations erected or to be erected under the authority of the same, to pass any By-law to open any street, road or lane through any lands hekl by Her Majesty or on Her behalf in respect of the Ordnance, or to interfere with, prejudice or weaken the right of Her Majesty in respect of such Ordnance property, or to inter- fere with the integrity of the public defences as connected with such property, unless the consent of the Head Quarter Board of Officers of Her Majesty's Ordnance acting in Canada shall be first had and obtained, such consent and all other consents required by this Act in regard to Ordnance property to be given in writing under the hand.s of the Head Quarter Board of Officers of Her Majesty's Ordnance actin;; in Canada, and that they are such Head Quarter Board of Oflicers shall be certified under the hand of the Commander of the Forces in Canada for the time being, and every such consent and certificate shall be recited in such By-law. CXCV. And bo it enacted. That upon the passing of any By-law, by any Municipal Corporation erected or to be erected under the authorily of this Act for the puipnse of authorizing the opening any road, street or other public thoroughfare, or of changing, widening or diverting any road, street or public thoroughfare so as to causie the same or any part thereof to go through or be placed upon or injuriously to affect the land ^ or othei lawful an arbi Corport after su give no and ap] within three ai upon ar son or I person < award appoint neverth subject Upper ( 5 OSes w ifferen such su also, se< appoint ?Dr the 8J shall no irbitratc lot agre huch. cai *interest€ ingainst Ibeen pa: Ishall be ^made of jor use ot '^any sucl the wani miay be ;tri?I, anc fiuch ver »tifr in sui i^aid Plai ■^he Mun Hshall be action, a be taken if no sue land or r ? shall be tihe amou Isuch acti lor lawful *8uch acti ! CXCV '.Upon the J, the Jury .the Plain [than the [shall find tcosts of t 3. K most public places road, street or lane, isel or attorney, any treel or lane, or pro- i'ho may claim to be s, that nothing either lis Act shall extend lority whatsoever to 5 erected under the th any of the public Parliament or other- Majesty, or in any icial Government as very which Provin- singular the powers licipal Corporations, mits of their respec-* ' vested in and shal! ter be exercised by ct to such Provincial ch orders in Council purpose. Act contained shall 3r or authority what- ;ed or to be erected V for the direction or :3, lanes or thorough- made or laid out by le interfering in any or other works con- Ordnance, or on the purposes, until the ers of Her Majesty's jbtained authorizinc ty- Act contained shall r or authority what- ed or to be erected r to open any street, y or on Her behalf udice or weaken the iroperty, or to inter- oimected with such Board of Officers of be first had and ired by this Act in under the hands of ^'s Ordnance actinii aid of Officers shall 10 Forces in Canada certificate shall be r of any By-law, by under the aiithoiilv MISCELLANEOUS PROVISIONS. 69 ^or other real property of any person or persons, it shall and maybe I lawful for the person or persons who shall own such property to n an arbitrator, and give notice thereof in writing to the Clerk ame of such Corporation, and tlhe Head of the Corporation shall, within three days after such notice, name an arbitrator on behalf of such Corporation, and give notice thereof to the person or persons owning the said property and appointing such arbitrator as aforesaid, and the two aibitrators shall, within three days thereafter, appoint a third arbitrator, and the said three arbitrators, or the majority of them, shall have power to determine upon and award the amount of damages (if any) to be paid to such per- son or persins as aforesaid, and their award shall be binding on such person orpeisons, and on the said Corporation respectively, so as such award be made in writing within three calendar months after the appointment of the third arbitrator as aforesaid : Provided always nevertheless, firstly, that every such submission and award shall be subject to the jurisdiction of Her Majesty's Court of Queen's Bench for Upper Canada, in the same manner and to the same extent for all pur- 5 OSes whatsoever as if there had been a submission of the matters in ifFerence by bond between the parties containinjr an agreement that 'such submission should be made a rule of that Court : And provided also, secondly, that if the Head of such Corporation shall neglect to ^appoint an arbitrator for the Corporation within such time as aforesaid, *0T the said two first mentioned arbitrators shall be unable to agree, or ihall not agree upon and appoint a third as aforesaid, or the said three irbitrators, or the majority of them, shall be unable to agree, or shall lot agree upon an award within the time aforesaid, then and in every fsuch case, it shall and may be lawful for such person or persons, so interested as aforesaid, to institute a special action on the case at law Ingainst the Municipal Corporation by which such By-law shall have Ibeen passed, and such action shall be sustainable, whether any entry Ishall be made under such By-law or not, or whether any use shall be >made of such property under such By-law or not, and if no such entry $)0T use other than for the purposes of survey shall be proved at the trial of ♦any such action, then the Judge who shall try the same shall certify the want of such proof upon the record, and in such case it shall and imay be lawful for such Municipal Corporation, at any time after such •wial, and until four calendar months after the rendering judgment upon Isuch verdict, to repeal such By-law, and to tender and pay to the Plain- tiff in such action, or to the Plaintifif's Attorney, the taxed costs of the 4)Baid Plaintiff in such action, and from and after such tender or payment, |the Municipal Corporation against whom such action shall be brought Iflhall be discharged from the damages which shall be assessed in such faction, and the land or other real property which shall be proposed to ^be taken by any such first mentioned By-law, shall be and remain as |if no such By-law had been passed ; and no entry or other use of such *land or real property, for the purposes of such first mentioned By-law, *8hall be lawful after the assessment uf such damages by tho Jury, until ithe amount of the damages assessed, and the costs of the Plainiiffin Isuch action, shall have been levied by the Sheriff, or paid, or discharirod, lor lawfully tendered to the Plaintiff or tho Attorney for the Plaintiff in *BUch action. I CXCVI. And be it enacted^ that if a tender shall be pleaded, and if 'upon the trial of any such action it shall be proven to the satisfaction of , the Jury that a lawful tender shall have been made to the Plaintiff or to any road, street y^he Plaintiff's Attorney of a compensation or sum ecinal to or greater iiig iiig or diverting any e same or any part ly to affect the land Artiitrators to flx the compensa- tion if nny. Proviso: Awards subject to Co\in of Q. B. Proviso : in case of neglect of Heai) of Corpora- tion to appoint arhitrntor, &c., party interested may sue Cor- poration, Slc. Action sustain- able witliout proving entry. By-law may ttien 1)6 repealed, and costs tendered. No entry allowed until iln'iin^es and costs be paid. •^Ihan the amount of the damages fissessed by such jury, the sautjnry l-ehall find such tender by their verdict, and in case of such finding, the fcosts of the defendant in such action, incurred after such tender, shall If a lawful and sutlicletit tender he proven by (iefeiidntit, all costs Kubseqiient thereto to he li"rne by plain- till'. i 60 MUNICIPAL CORPORATIONS. Ill estimating (IninaKe^i juries to take into con- ■iderntion benefit to be derived by plnintiflT from widening of Road, &c. All By-laws to he auihenticated by seal of Cor- poration, signa- ture, &c. EITcct of certified copies. Bonds, &Cm how to be signed and scaled, &.c. Original By-laws 10 he l MISCELLANEOUS PROVISIONS. 61 ise shall receive no litrators as the jury, iuch submissions or :lvantage which the deningor diverting nd deduct the same e said benefit to be g such road, street, mages which shall jr real property, the nade and passed by this Act, shall be by the signature of ! meeting at which i» also by that of the ch By-law, written eal of the Corpora- nd by any member med authentic, and r equity in this Pro- seal or signatures, the same or any of ids, obligations and Corporation erected 1 if sealed with the such Corporation, 01 be passed in that alf of the Corpora- r certified copies o; 1 Corporation untie; proceedings of any Clerk, and shall be lion of the public ; thereof at tb ? ratt 1 lower rate as the proceedings of any no person shall be hen the public inte- or Town erected o; le or continue to u«t any County withir, wn shall be situate, City or Town shal uch annual sum c: in between them as iny of them, and ir, e as to the amoiin; 3d by the award o; minted as follows, such City or Town, y, and the third by if such two arbitra- leii days next after their own appointment, then by the Governor of this Province in Coun- 1 oil, and the amount so settled shall be deemed a debt due by the Muni- icipal Corporation of such City or Town to the Municipal Corporation of ^ such County, and its payment shall be provided for as is hereby directed i with respect to other debts of such Municipal Corporations in general, ! and in default thereof may be sued for and recovered as any such debts : Provided always, nevertheless, firstly, that in case either of such Cor- porations shall omit for one calendar month after they shall have been called upon for that purpose by the other of such Corporations, to appoint an arbitrator on their part as above provided, it shall and may be law- ■ful for the Governor in Council to appoint an arbitrator on the part and behalf of such Corporation so neglecting to appoint such arbitrator, who .shall in such case have all the same powers as if he had been appointed by such Coiporation : And provided also, secondly, that whenever, after the lapse of five years from the making any such award, it shall appear reasonable to the Governor in Council, upon the application of either of such Municipal Corporations, that the afliount of such compensation should be reconsidered, it shall and may be lawful for him, by an order in Council, to direct that the then existing arrangement respecting the same, whether it be by agreement of the parties or by award, shall cease after some time to be named in such order, after which the said Corpo- ; rations shall proceed as at first, for the settlement either by agreement lor arbitration, of the amount to be paid from the termination of such pre- rvious settlement: Provided also, thirdly, that every such submission and faward shall be subject to the jurisdiction of Her Majesty's Court of iQueen's Bench for Upper Canada, in like manner as if the same were fby bond, with an agreement therein that such submission might be finade a rule of that Court : And provided always, fourthly, that when- |ever at the time this Act shall come into force there shall be any sub- Isisting agreement or other settlement, whether by Act of Parliament or fctherwise, of the amount to be paid by any such City or Town for such f Court House, Gaol or House of Correction, or any of them, the same J shall be and continue in force as if it had been settled under the authority of this clause at the time that this Act shall have so come into force as aforesaid. CCI. And be it enacted. That the several Villages mentioned and ~ named in the Schedule to this Act annexed marked Ar shall respectively have such boundaries as shall or may be established and declared for ' .such Villages respectively, in and by any Proclamation or Proclama- 'tions, to be in that behalf issued under the Great Seal of this Province, ^'by order of the Governor thereof in Council, at any time on or before * the first day of October next, after the passing of this Act, and shall by ' such boundaries be Incorporated Villages under this Act, and the several ^ Towns mentioned and named in the Schedule to this Act annexed , marked B, shall respectively have the boundaries set forth in the said Schedule, and shall be Towns under the provisions of this Act, and the Wards of such Towns shall respectively have the names and bounda- ^ ries set forth in such Schedule in respect of such Towns ; and that the several Cities mentioned and named in the Schedule to this Act annexed ^ marked C, shall respectively have the boundaries both as respects such Citie.'* and the liberties thereof set forth in the said last mentioned Sche- dule, and shall be Cities under the provisions of this Act, and the several Wards of such Cities shall, with the liberties attached to each respec- tively, have the names and boundaries set forth in the said last men- tioned Schedule in respect of such Cities, and all and singular the names and boundaries of all such Villages, Towns and Cities and of the Wards of such Towns and Cities shall continue until the same shall be altered by competent authority in the manner in this Act .set forth and provided. • i| Proviso : Gover- nor to appoint arbitrators in de- fault of Corpora- tions. Proviso : after five years, Gover- nor may order a new ii''rceincnl. Awards subject to Court of a. U. Proviso: existing agreements to re- main in force as if settled under this Act. Villages, Towns, &c., in tliedilfer- eiii Schedules and the VVanls therein, to have the several boundaries there- in set forth. G2 MUNICIPAL CORPORATIONS, Recital. How til is Act Blinll n|)|ily to ccruin 'rowns in Schedule D. All the provi- sions of this Act may be extended by Proelainntiou to such Towns. As to Towns mentioned in first division of Schedule D. incorporated. Ptovlsion with respoct to the incorporation of towns nicnlioncd in second divi- sion of Schedule I), on certain conditions. Tetiiion. Proclamation. ecu. And whereas the places mentioned in the Schedule to this Act annexed marked D, and intituled, "Towns with Municipalities only or without any Municipal organization," from having been the places where the assizes have been usually held, or from being the seats of the local Courts, or from having been- named as Towns in Acts of Parlia- ment, or from other causes, are or are generally reputed to be Towns, and it is inexpedioiit to lieprive them of that distinction or to subject them to the move extensive organization in and by this Act provided for, either Towns or Villages in general until by the increase of their inhabi- tants they shall respectively become desirous of and entitled to such extended organization respectively as they would be under this Act, were they only Villages or Hamlets respectively : Be it therefore enacted, That the several Towns mentioned in the said Schedule, with such limits and boundaries as shall be established and declared for such Towns respectively, in and by any Proclamation or Proclamations to be in that behalf issued under the Great Seal of this Province by order of the Governor thereof in Countj^l at any time on or before the first day of - October next after the passing of this Act, shall be and continue to be Towns as heretofore, but neither the provisions of this Act applicable to Towns only, nor any Act, nor any of the provisions of any Act to be passed this Session, or at any time hereafter referring to Towns gene- rally, shall thereby extend or be construed to extend Lo any of such Towns; Provided alway.s, nevertheless, that it shall and may be lawful for the Governor of this Province in Council at any time by Proclama- tion under the Great Seal thereof, to extend the limits of any of the Towns mentioned in the said Schedule D, to divide such Town into Wards, and to extend to such Town all the provisions of this Act and of all other Acts applicable to Towns in general, whereupon the provisions of this Act and of all such other Acts shall extend to such Town as if siKih Town with its limits and divisions had been set forth in the Sche- dule to this Act annexed marked B. CCIII. And be it enacted, That the inhabitants of each of the Towns mentioned in the first division of the said Schedule marked D, shall be a Body Corporate apart from the Township or Townships in which si.ch Town shall be situate, and as such shall have perpetual succession and a Common Seal, with all such powers within the limits of such Town as are by this Act conferred upon the inhabitants of Incorporated Villa- ges, and the powers of the Corporation of such Town shall be exorcised by, through, and in the name of the Municipality of such Town, and all the provisions of this Act, and of all other Acts hereafter to be passed applical'le to Incorporated Villages, and the Municipalitie i thereof, shall apply to such Town and the Municipality thereof. CCIV. And be it enacted, That each of the Towns mentioned in the second divieion of the said Schedule marked D, shall be and continue a part of the Township or Townships within wh.ch the same shall ba respectively situate, and shall be and continue subject to the jurisdiction of the Municipality or Municipalities of such Township or Townships as if the same was an unincorporated Village or Hamlet, and that when by the census returns, it shall appear that any of such last mentioned Towns and any portion of a Township or Townships, which from the proximity of streets and buildings, may conveniently be attached to such Town, shall together contain one thousand inhabitants or upwards, it shall and may be lawful for any .mmberof the resident freeholders or householders of such Town, r>< 'jss than one hundred, to petition the Governor of this Province that the inhabitants of such Town may be incorporated, and upon such petition it shall be lawful for the Governor of the Province by an order in Council to issue a Proclamation under the Great Seal of the Province, setting forth the boundaries of such Town, and including within luch hour ihip or T( faid may irihabiian poiindarie e end o e incorp fituate, ai pality or ]\ Corponitio all such p( jferied upo of the Cor ihc name this Act a jporaied V to suirh T( tioned ^ave force ifter the ei 1, and n >aratory to MISCELLANEOUS PROVISIONS. thedule to this Act licipalities only or ; been the places iig the seats of the n Acts of Parlia- ited to be Towns, :!fion or to subject 3 Act provided for, se of their inhabi- 1 entitled to such )e uniler this Act, therefore enacted, ledule, with such declared for such roclamations to be evince by order uf ore the first day of ' md continue to be lis Act applicable s of any Act to be g to Towns gene- id io any of such nd may be lawful ime by Proclama- lits of any of the J such Town into of this Act and of pon the provisions I such Town as if forth in the Sche- jach of the Towns arked D, shall be ps in which st.ch lal succession and lits of such Town icorporated Villa- lall be exercised such Town, and after to be passed itie i thereof, shall mentioned in the je and continue a le same shall be to the jurisdiction ) or Townships as and that when by mentioned Towns om the proximity d to such Town, ards, it shall and rs or householders Governor of this ncorporated, and f the Province by Great Seal of the including within liiko I il'iTi. .'111(1 uliat iiH oll't'ct Html I he. juch boundaries any such portion or portions of the said adjacent Town- ship or Townships as from the proximiiy of streets or buildings as afore- said may conveniently be aitached to such Town as aforesaiil, and the Inhabitants of such Town as embraced within t»iich new and extended poundaribj*, shell, on from and after the firwt day ofJannnry next after u'hen m.ch Pro- { he end of three calendar muiilh.*, fiom the /cs^c of .-"Uch Proclamation, ri iin.-ni')!! sh.iii ►e incorporated apait fioin the Tov.n.'^hip or Townships in which it is situate, and shall no longer be subject to the juris.licii )n of the Munici- pality or Municipalities of such Township or To-vnships, and as such Corporation, siiall have perpetual .succes-sion and a Common Seal, with !\\l such powers within the limits of such Town as are by ihi.s Act con- erred upon the inhabitants of any Incorporated Villaue, ami the powers of ihe Corporation of such Town shall be exercised by, lhu)Ugh and in the name of the Municipality of such Town ; and all the provisions of this Act and of all other Acts hereafter to be passed applicable to Incor- jporaied Villages in general, and the Municipalities thereof, shall apply to such Town and the Municipality thereof as if the same were men- tioned ',n the Schedule to this Act annexed marked A. CCV. And be it enacted. That whenever by the* census returns it Ihall appear that any of the To- 's mentioned in the said Schedule ibarked D, which shall have been then already incorporated under the Irovisions of this Act as aforesaid, and any portions of the Township or Townships whirh, from the proximity of streets and buildings, may inveniently be attached to such Town, shall together contain five lousand inhabitants or upwards, it shall and may be lawful for the lunicipal Corporation of such Town to petition the Governor of this ^^rovince that the limits of the said Town may be extended, and that j|ie same may be divided into Wards, and upon such petition it shall be j^wful for the Governor of the Province, by an order in Council, to issue 4 Proclamation under the Great Seal of the Province, extending such limits and dividing such Town into Wards accordingly, and from and Jfter the first day of January next, after the end of three calendar months irom the teste of such Proclamation, all the provisions of this Act and of all other Acts hereafter to be passed applicable to Incorporated Towns in general or to the Town Councils thereof, shall apply to such Town and fbwn Council thereof, as if the same were mentioned in the Schedule I this Act annexed marked B. ^ CCVI. And be it enacted. That for and notwithstanding any thing in pis Act contained, the Municipal Corporation or other Municipal bodies •r authorities of the several Counties, Unions of Counties under the name tjlf Districts, Cities, Towns, Townships and Villages in Upper Canada, existing immediately previously to the first day of January, which will he in the year of our Lord one thousand eight hundred and fifty, and all And singular the members, officers, and servants of the same respec- tively, shall, upon and from the said first day of January, in the year ^foresaid, until the fourth Monday of the same month, continue to have fxercise and perform all and singular the Municipal and other powers, auctions and duties which immediately previous (o such first day of fanuary shall or may by law have been vested in them respectively, lo ,#11 intents and purposes, as if this Act had not been passed. CCVn. \nd be it enacted. That any Proclamation to be issued under the authorit) of this Act, for the incorporation of any Village, forereclirg %ny Village into a Town, or for erecting any Town into a City, shall Aave force and effect upon, from and after the first day of January next, "^fter the end of three calendar months from the teste of such Proclama- tion, and not before, except only as regards any thing to be done pre- Watory to the election to be helu in consequence of such Proclamation, Provision witli recDPci 10 llie (llvixioii into WunUorcf^rtnin 'J'ownB in Hclidl- ulf! U.on ccrtiiiii condiiioiiB. Petition. Proclainntion. f 'orportitions, &c., of Disiricie, &.C., existing ininicdiaicly pre- vious to Ist Jail- unry, tP5ll, to remain until '1th Monday of that month. Powers of Mein- l)nrB, &c,, to continue. Proclnmations incorporaliiig Villnges, &.C., wticn to take clTcct. MUNICIPAL CORPORATIONS. with regard to which such Proclamation shall have force and effect from the time of the teste thereof. Provisionaofthis Act as to proper- ty qiialitication when to take effect. Who may vote or be elected in the mean time. Tn incorjiorated Towns, ice. In unincorix)- rated Towns, &c. Proviso as to iilaces where a Registration of voters exists. Proviso as to firstcicctiouf. Acti, &c., incon- sistent with this Act, repealed. Interpretation of word " Gover- nor," &c. CCVIII. And be it enacted, That no provision in the foregoing enactments of this Act which requires that any person be possessed oi any property qualification, or be as'jessed for any particular amount in order to his having a rignt to- vote or to be elected at any election to be held under the authority of this Act, shall have any force or effect, unless or until some Act be passed by the Parliament of this Province in the present or some future session thereof to provide for the regulation of assessments, and the levying and collecting of local taxes in Upper Canada, and to repeal the general provisions of the Acts heretofore in force for that purpose, but all such persons as have heretofore had the right to vote or be elected at the annual elections of Parish and Town- ship Officers, for the several Townships in Upper Canada, shall have the right of voting and being elected for the Township and Village Councillors to be elected under this Act, and such persons as have^ heretofore had a right to vote or be elected at the Municipal Election; of any City, Town or Village heretofore incorporated, or having a Boani of Police established by law for the same, shall have the right of votin; and being elected for the City, Town or Village, Aldermen and Coun- cillors to be elected under this Act for such City, Town or Village respectively ; and the persons entitled to vote or be elected at the Municipal Elections of every Town and Village not incorporated as aforesaid before the passing of this Act, shall be the resident male m inhabitants, being either householders or freehold2rs of such Town oi Village of the age of twenty-one years or upwards, being subjects o; Her Majesty by biith or naturalization, and who shall have resided h such Town or Village for six calendar months next previous to the holding of the said election, and who shall have been rated on the Assessment Roll of the said Town or Village as householders or free- holders for the year previous to such election. Provided also, that where the system of the registration of votes exists at the passing of this Act ir. any City or Town, the same shall continue under the Act or Acts pro- viding such registration, until altered by any Act as aforesaid ; and provided also, that whether any such new Act for regulating assessment ir Upper Canada, shall or shall not be passed prior to this Act coming into force, the persons hereinbefore described as entitled to elect . ' ^e elected under this Act (until such new assessment law shall have passeii as aforesaid,) shall be those entitled to elect and be elected respectively at the first elections to be held under this Act. CCIX. And be it enacted, That all Acts and p?rts of Acts and pro- visions of law, either of the Parliament of this Province, or of the Par- liament of the late Province of Upper Canada, and all Acts, By-law., Rules and Regulations thereupon passed by any Township Meeting, District Council, Board of Police, Town or City Council in Upper Cannda, in force in Upper Canada immediately before the time when this Ac; shall come into force, in so far as the same may be inconsisent withoi contradictory to the provisions of this Act, or which make any provisions in any matter provided for by this Act, other than such as is hereby made in such matter, shall be and they are hereby repealed, and shall cease to be in force upon, from and after the day when this Act shall come into effect. CCX. And be it enacted, That the word " Governor" wherever ii occurs in this Act, shall be understood to mean and include the Governor, Lieutenant-Governor, or Person Administering the Government of this Province for the time being ; the words " Upper Canada," shall be understood to mean and include all that part of this Province which 'formerly c ing the sii stood to in us well as Junless it b |Bubject or and all oth constructio its true int t CCXI. «r repealec inent. 1. Chi 2. Gal 3. Osh 1. Bellevi rtie County •ty: Comment rst concess lay of Quin Ws six and Jong the sa jmber one the town "Quinte ; t ^beginning '«f the said 1 The said ' amson Wai bd to compi pt is to say ■ The said I fhioh lies tc ter Moira. [The said I iich lies n( brth side of , The said I which lies n( t'er, to the 1 And the sa Ihich lies oi LIMITS OF TOWNS. 65 je and effect from in the foregoing n be possessed ot ticular amount in ny election to be e or effect, unless 5 Province in the for the regulation al taxes in Upper ^cts heretofore in eretofore had the 'arish and Town- inada, shall have ship and Village persons as haves unicipal Election; or having a Board the right of voting ermen and Coun- Town or Village be elected at the ot incorporated aj :he resident male I of such Town oi being subjects o; 1 have resided it. st previous to the peen rated on the iseholders or free- ed also, that where ssing of this Act ic Act or Acts pro- as aforesaid ; anc ating assessments o this Act coming ed to elect . ' \ shall have passed ected respective!) s of Acts and pro- ice, or of the Pai- 11 Acts, By-law., )wnship Meeting, in Upper Can-ida, ne when this Ac, |nconsisent with oi .ke any provisiow as is hereby made 1, and shall coase .3 Act shall come tnor" wherever ii iude the Governor, lovernment of this lanada," shall be Province whick I formerly constituted the Province of Upper Canada ; and words import- Sing the singular number or the masculine gender only, shall be under- Pjod to include more than one person, mailer or thing of the same kind well as one person, matter or thing, and females as well as nriales, 'finless it be otherwise expressly provided, or there be something in the :^ubject or context repugnant to or inconsistent with such construction ; Wid all other words, terms or phrases shall receive such fair and liberal How thii Act Jjonstruction as shall be best adapted to carry out this Act according to *[y|J^*f <=°"" its true intent, meaning and spirit. I CCXI. And be it enacted, That this Act may be amended, altered Act^m^y be #r repealed by any Act to be passed in his present session of Parlia '""""" " |nent. amended &c., this Scfiion. in SCHEDULE A VILLAGES.* Villngei. 1. Chippewa, 2. Gait. 3. Oshawa. 4. Paris. 5. Richmond, (in the County of Carleton.) 6. Thorold. SCHEDULE B. Town*. Belleville. Liroitt. 1. Belleville. — To consist of all that part of this Province situate within ■fhe County of Hastings and lying within the following limits, that is to 1| Commencing at the limits between Lots numbers six and seven in the rst concession of the Township of Thurlow, at low water mark of the lay of Quinte ; thence, northerly along the side line between lots num- srs six and seven to the second concession road ; thence, westerly, long the said second concession line to the westerly boundary of lot imber one in the said first concession of Thurlow ; thence, southerly, the town line between Townships of Thurlow and Sidney to the Bay Quinte ; thence, easterly, along the shore of the said Bay to the place df beginning; together wiih the Harbor, Islands and Marshes in front 'ijf the said Town. The said Town to be divided into four Wards to be called respectively imson Ward, Ketcheson Ward, Baldwin Ward, and Coleman Ward, id to comprise the following portions of the said Town respectively, |at is to say : # The said Samson Ward to comprise all that part of the said Town pioh lies to the south-east of Bridge Street, on the north side of the rer Moira. .The said Ketcheson Ward to comprise all that part of the said Town Ketcheion Jhich lies north-west of bridge, and south-east of Pinnacle Street on the ^Vard. wrth side of the said river. ^; The said Baldwin Ward to comprise all that part of the said Town Daidwin Ward, Which lies north-west of Pinnacle Street, on the north side of the said jl|v(."r, to the limit of the said Town. And the said Coleman Ward to comprise all that part of the said Town coieiiian Ward |hich lies on the west side of the said river Moira. * For the Boundariei of iheie Villages, sc« pages 79 and CO. Ward four. Samson Ward. MUNICIPAL CORPORATIONS. Brantford. 2. Brantford. — To consist of all that part of this Province situaie within the county of Wentworth and lying within the following limits, that is to eay : Liraiu. Commencing on the north side of Colborne Street, in the eastern limit of the said town as originally laid out by the authority of the government of the late Province of Upper Canada; then, north, eighteen degrees thirty minutes east, seventy-nine chains forlv-five links, more or 'ess, to the north-east angle of the said town as laid out by the government as aforesaid : then, south, eighty-four degrees thirty minutes west, eighty- two chains twenty-eight links, more or less, to the north-west angle oi the said Town as laid out by the government as aforesaid, and to the eastern limit of a certain tract of twelve hundred acres of land originallj granted by the Crown to Abraham Kennedy Smith and Margaret Kerb} ; then, south, twenty-seven degrees thirty minutes west, eight chains, rrore or less, to the south-east angle of a parcel of land belonging t Vetfti- O'Banyon ; then, north, sixty-two degrees thirty minutes west,* ■'■'.a' chains, more or less, to the western limit of the said lands granteii* by liie Crown to the said Abraham Kennedy Smith and Margaret Kerby; then, I:- '.h, twenty-seven degrees thirty minutes west, one hundred anc eight cii^ns, more or less, along the western limit of the said lands it the Grand River; then, across the Grand River obliquely with th stream in an easterly direction, and passing south of the large Islanc about thirty chains, to the limit between the farm lands of Thomas Maii, and the north part of the Brant Farm, granted by the Crown to Williaii Johnson Kerr ; then, south, twenty-seven degrees twenty-five minute: west, forty-two chains, more or less, to the rear of the lots on the soutt side of Burford Street on the plank road ; then, south, sixty-eight degreeii * east thirty-nine chains, more or less, to the east side of the Mour. Pleasant road and south side of Walnut Street on the lands of Danie Mercer Gilkison ; then, north, forty-three degrees thirty minutes east thirty-six chains, more or less, along the south side of Walnut Stree to the Grand River ; then, easterly, along the south side of the Grant River, with the stream about thirty chains to opposite the moulh of tk Cove ; then, east, across the Grand River to the south side of the moulh of the said Cove ; then, north-easterly along the easterly side of the saic Cove about twenty chains to the southern limit of the lands of the Gram River Navigation Company ; then, easterly, along the south boundar; of the said Grand River Navigation Company's Lands, about fifty-fin chains, to the western limit of the Mohawk Parsonage Glebe ; ther north, five degrees thirty minutes west, forty-five chains, more or le& ,;| to the place of beginning. v ' Wards, five. The said Town to be divided into five Wards to be called respectively, King's Ward, Queens's Ward, Brant Ward, East Ward and Norii Ward — and to comprise the following portions of the said Tow; respectively, that is to say : Klng'i Ward. The said King's Ward to comprise all that part of the said Town whicJ lies between Cedar Street and King Street, and north of the Caria! together with all that part of tho said Town lying south of the Grand River Queen's Ward. The said Queen's Ward to comprise all that part of the said Tow: which lies north of the Canal, and between King Street and Marine! Street to their intersection with West Street. Brant Wajd. The said Brant Ward to compr:.";a all that part of the said Town whici lies north of the Grand River,, and south of the Canal as far eastward a: Alfred Street, and north of the Canal, and between Market and AlfreJ Streets. East Ward. The said East ward to comprise all that part of the said Town whici lies east of Alfred Street. And th which lit the Rivei j tion with ^ 3. Broi j within th( I is to say : Compri I front halv( gand of the iof TownsI gTownship tRiver St. River, and Jots withir including i house isnc or by any ( The said lively, Eas following p f The said the fron kJeven, and lumber tw Extending t lint Lawn id of the Jentioned 1 Ige, and ii The said 88 to the w And the s; fhich lies e 4. Bytovm le County < say: Commenc: ivides Lots Irectline, ac liny-nine a St concessi •n, and in c irty-nine to (utherly end Itawa in the the river R |e place of I The said T ely East V\ jllowing port Lower Byte fiterly from imes of Easi LIMITS OF TOWNS. 67 ice situaie within ig limits, that is . I the eastern limit )f the government eighteen degrees ks, more or 'ess, he government as iites west, eighty- jrth-west angle oi resaid, and to the 1 of land originallj . Margaret Kerby ; est, eight chains, land belonging t irty minutes west,| said lands granlei' d Margaret Kerby; it, one hundred and f the said lands it obliquely with the )f the large Islanc Is of Thomas Man Crown 10 Williait wenty-five minute le lots on the souil sixty-eight degreeijf side of the Mour/ the lands of Dame hirty minutes east le of Walnut Stree . side of the Graiii ;e the mouth of tk „ side of the mouth erly sideofthe saic ! lands of the Granc ;he south boundai; jds, about fifty-fivi jnage Glebe ; ther, hains, more or lesi , called respectively )t Ward and Norii [f the said Tow: Le said Town whic^ Jtorlh of the Caua! 1 of the Grand Hivei Jrt of the said Tow: I Street and MaAc. lie said Town whic' as far eastward as [Market and AlfreJ said Town whicl And the said North Ward to comprise all that pari of the said Town North ,vvard. which lies north of the Grand River (including the two large Islands in the River,) and west of Cedar Street, and V\ est Street from its intersec- tion with Cedar Street. 3. BrockvUle. — To consist of all that part of this Province situate BRocKvitLi.. within the County of Leeds, and lying within the following limits, that is to say : Comprising that part of the Township of Elizabethtown known as the Limitg. i front halves of Township lots numbers ten, eleven, twelve and thirteen, and of the West half of Township lot number nine, and of the east half I of Township lot number fourteen in the first concession of the said ITownship, extending the same respectively to the water's edge of the IRiver St. Lawrence, together with such parts of the water of the said iRiver, and of the land under the said water as lies in front of the said llots within three hundred yards of the said water's edge, and also including the small Island m front of the said Town on which a block louse is now built, and all Public Roads and Highways running through )r by any of the said half lots within the exterior limits thereof. The said Town to be divided into three Wards to be ;ali t respec- Wards, three, lively, East Ward, West Ward and Centre Ward, and to cc orise the [bllowing portions of the said Town respectively, that i to scy : The said Centre Ward to comprise all that part of the said Town known i^cntrc Wani . the front half of the west half of the said Tdwnsh'T lot number kleven, and of the front half of the east half of the saiu Township lot lumber twelve, in the first concession of Elizal thtown aforesaid, [xtending the same respectively to the water's edg of the said River imt Lawrence, together with such parts of the water of the said River id of the land under the said water as lies in front of the said last lentioned half lots and within three hundred yards of the said water's Ige, and including the said small Island. The said West Ward to comprise all that part of the said Town which BS to the west of the said Centre Ward. And the said East Ward to comprise all that part of the said Town fhich lies east of the said Centre Ward. 4. Bylovm.. — To consist of all that part of this Province situate within Bytown. ^e County of Charieton, and lying within the following limits, that is say : Commencing at the waters of the River Rideau on the line which jvides Lots E and F in concessions D and C,and thence in a continuous Irect line, across lot number forty, to the side-line dividing lots numbers |irty-nine and forty ; thence, following the said line northerly in the Bt concession, to the line dividing concession A and the first conces- )n, and in concession A embracing the whole of the broken lot number irly-nine to the river Ottawa, including all the islands down to the |utherly end of the chain bridge ; thence, following the waters of the |tawa in the centre of the channel to the western branch of the waters the river Rideau ; thence, against the stream up the river Rideau to West Ward. East Ward. Linilta. |e place of beginning [The said Town to be divided into three Wards to be called respec- Wards, three, rely East Ward, Cehtre Ward and West Ward, and to comprise the lllowing portions of the said Town respectively, that is to say : [Lower Bytown shall comprise that portion of the said Town which lies Lower Bytowu. )fiterly from the Rideau Canal, and shall constitute two Wards by the jimes of East Ward and Centre Ward. Centre Ward. Weit Ward. Upper Bytown. CoDOURfl. Limits. 68 MUNICIPAL CORPORATIONS. Ea»tWard. The said East Ward to comprise all that portion of the said Lower Town which lies east of the centre of Dalhousie Street, so far as the said street \a now opened, and thence in a direct line produced from the cen- tre of the said street until it intersects the limits of the Town on the south. The said Centre Ward to comprise all that portion of the said Lower Town not included in the East Ward. The said West Ward shall comprise all that portion of the said Town which lies westerly from the Rideau Canal, and which shall constitute Upper Bytown. 5. Cobourg. — To consist of all that part of this Province situate within the County of Northumberland, and lying within the following limits, that is to say : Commencing on the Lake Shore, at the south-east angle of lot number . fourteen, in concession B ; thence, north, sixteen degrees west, to the |[ centre of the first concession ; thence, south, seventy-four degrees west, to the centre of lot number twenty-one, in the said concession ; thence, south, sixteen degrees east, to the Lake shore ; thence, along the water'j edge, to the place of beginning. Wards, three. fhe said Town to be divided into three Wards, to be called respec- tively. South Ward, East Ward and West Ward. South Word. The said South Ward to comprise all that portion of the said Town which lies south of King street. Kast Ward. The said East Ward to comprise all that portion of the said Town ■which lies east of the centre of the street between lots numbers sixteenf and seventeen and north of King street ; and West Ward. The said West Ward to comprise all that portion of the said Town which lies west of the centre of tne street between lots numbers sixteen and seventeen, and north of King Street. Cornwall. 6. ComwoU. — To consist of all that part of this Province situate within the County of Stormont, and lying within the following limits, that is to say: Limits. Comprised within the limits or boundaries heretofore reserved ana set apart by Government as a Town plot, together with the parcel oi tract of ungranted land in front thereof, and the harbour. i Wards, three. The said Town to be divided into three Wards, to be called respec- tively East Ward, West Ward, and Centre Ward, and to comprise the following portions of the said Town respectively, that is to say : East Ward. The said East Ward to comprise all that part of the said Town whict lies between Amelia Street and the Eastern limits of the said Town^ West Ward. The said West Ward to comprise all that part of the said Town whicli lies between Augustus Street and the Western boundary of the saic Town ; and Cenue Ward. '^^6 said Centre Ward to comprise all that remaining part of the saiii Town which lies between Amelia Street and Augustus Street, and noi included in either of the before mentioned Wards. DuNDAs. '''• Dundas — To consist of all that part of this Province situate wiihi; the County of Halton, and lying within the following limits that is t( say : Uiniu. Commencing on the division line between the property of Georp Rolph, Esquire, and the property of the late Harker Lyons, on the Yori J road ; thence, following the said road, westerly, to the road leaJln^ vff the mountain to John Keagy's, the younger ; thence, in a straight linei nionum( The sai commenc by Orlanc southern I totheeasti along the ted (Coote Main Stre till it inter place of b The sai< commend by Orlanr Street, wei Street is i until it inl( the wester between W erly, to the The saic commencii ham Road to a stone mill; then the distanc along the ced on a 11 f the said Lower i ngle of lot numbei grees west, to be called respec- i of the said Town t LIMITS OF TOWNS. 69 by compass to a monument within a few feel of the site of tho old oat- meal mill; thence across the creek or stream to a stone monument placed at the distance of five hundred feet from the west bank thereof; thence, following the said creek or stream at a distance throughout of five hundred feet from the west and south bank thereof, to where a stone monument is placed south of Mr. E\vart*s milldam ; thence, running in a straight line to a stone monument placed on the boundary line between the property owned by John 0. Hatt, Esquire, and the estate of the late Manuel Overfield ; thence, to a stone monument placed on the boundary line between the property owned bv Thomas Hatt and the said John 0. Hatt ; thence, along the said boundary line to a stone monument placed in South Street ; thence, following South Street till it intersects East Street ; thence, deticending the hill in a northerly direction till it inter- sects the Governor's road ; thence, following the said road, easterly, to a stone monument placed in a line at right angles with the place of beginning ; thence, along the said line te the place of beginning. The said Town to be divided into four Wards, to be called, respec- vvarii four, tively. Mountain Ward, Canal Ward, Foundry Ward, and Valley Ward, and to comprise the following portions of the said Town respectively, that is to say : The said Mountain Ward to comprise all that part of the said Town Mountain w«r(i. commencing on the Sydenham road at the northern boundary of the said Town ; thence, running along the said Sydenham road until it intersects King Street ; thence, along the said King Street in an easterly direction until it intersects Main Street ; thence, along the said Main Street until it intersects Baldwin or Flamboro' Street ; thence, along the same to the Basin of the Desjardins Canal ; thence, along the said canal until the eastern boundary or limit of the said Town is intersected ; thence, fol- lowing the said eastern boundary to the northern boundary line of the said Town ; thence, following the same to the place of beginning. The said Canal Ward to comprise all that part of the said Town, CanaiWani. commencing on King Street at a post planted between the lands owned by Orlando Morley and John Vvalker; thence, running south to the southern boundary of the said Town ; thence, along the said boundary to the eastern boundary until the Desjardins Canal is mtersected ; thence, along the said Canal in a westerly direction until East Street is intersec- ted (Coote's Paradise) ; thence, along Baldwin or Flamboro' Street to Main Street ; thence, along the said Main Street in a northerly direction till it intersects place of beginning. The said Foundry Ward to comprise all that part of the said Town, Foundry Ward, commencing on King Street at a post planted between the lands owned by Orlando Morley and John Walker; thence, along the said King Street, west, until it intersects Peel Street ; thence, south, until Jarnes Street is intersected ; thence, westerly, along the said James Street until it intersects the western boundary of the said town ; thence, along the western and southern boundary of the said Town until the boundary between Wanls Numbers Two and Three is intersected ; thence, north- erly, to the place of beginning; and The said Valley Ward to comprise all that part of the said Town, Vniicy Waiti. commencing at the northern boundary of the said Town on the Syden- ham Bead ; thence, following the north-western limits of the said town to a stone monument within a few feet of the site of the old oatmeal mill ; thence, across the stream or creek to a stone monument placed at the distance of five hundred feet from the west bank thereof ; thence, along the western boundary of the said town to a stone monument pla- ced on a line at right angles with James Street ; thenoe, along James King Street ; thence, along the said King Street to the m 70 MUNICIPAL CORPORATIONS. OoDCRiru. J: CITIES AND LIBERTIES. 77 land above The said Frontenac Ward to comprise all that part of ihe said City Fronun.ien's'-d. which lies northward of the last mentioiieJ linp, rnun.ng 'hrouph the centre of Montreal Street 3iid the Moiitieal lload to the City limitv and northward and eastward ufa linj extending from Montreal vStreet (where it intersects Princes? Street) through the centre of Princess Street, to the limits of the said City. The said Rideau Ward to comprise all that part of the said lot number Rideau Wara twenty-four, lying on the north side of the continuation of Arthur Street, through the sa-d lot in a direct line to the Concession Rnad between the first and second concessions of the said Township of Kingston. And the said Victoria Ward to comprise all that part of the said lot victoria Ward, number twenty-four lying on the south side of the said continuation of Arthur Street aforesaid. And so much of the Liberties of the said City as are adjacent to the respective Wards, shall be attached to the same respectively, and the limits between the respective portions of the said liberties hereby attached to the different Wards of the said City, be ascertained by the extension of the boundary lines between the said Wards respectively, and through the said Liberties. 3. Toronto.— The City and Liberties thereof to consist of all that part Toronto. of the Province situate in the County of York, and lying between the following limits, that is to say: Commencing at the distance of one chain, on a course, south, sixteen Limita. degrees east from the south-westerly corner of lot number two, in the first concession, from the Bay in the Township of York, in the County of York : thence, southerly, in the direction of the side line between lots numbers two and three, in that concession, to the distance of five hun- dred feet from the point at which the said line intersects the margin of the water on the shore of Lake Ontario ; thence, westerly, through the waters of Lake Ontario, following the direction of the curvatures of the shore, and keeping always at the distance of five hundred feet from the margin of the water till the point is attained, which is five hundred feet from the norlh-westermost point oi the Island or Peninsula, forming the harbour; thence, across the Bay or harbour of York, to a point where a lihe, drawn southerly from the north-easterly corner ofPark lot number twenty-nine, in the said Township of York, in the direction of the east- erly boundary line of the said Park lot, intersects the margin of the water on the shore of Lake Ontario ; thence, northerly, in the direction of the said line so drawn from the said corner of the said Park lot through the said corner, to the point at which the said line so drawn t' ough the said corner intersects the northerly boundary line of the allowance for Road between the Park lots and the second concession from the Bay in the said Township of York ; thence, easterly, along the said northerly bound - ary line of the said allowance for Road, to the easterly shore or water's edge of- the River Don ; thence, southerly, along the water's edge, on the eastern side of the said River, to the point where the said water's edge intersects the southerly boundary line of the allowance for Road, in front of th3 said first cotice.'^sion ; thence, easterly, along the southerly boundary line of the allowivnco for Road, in front of the said first con- cession, to the place of beginning — The said City to consist of all that part of the tract of land above des- cribed lying wilh'm the following limits, that is to say : Commencing at the distance of one chain, on acoursr north, seventy- four degrees east, from the south-east angle of Park lot number three, in the said Township of York ; thence, south, sixteen degrees eart,npon a continuation of the allowance for Road between Park lots numbers two and three to the water's edge of the Bay in front of the said City ; MUNICIPAL CORPORATIONS. Toronto. LimitB. Wards, sli. St. Jamet' VVnrd. 8t. Dsvid'i Ward. St. Lawrence VVdrd. Bt. George'b Ward. tit. Andrew's Ward. St. Patrick's Ward. Liberties. thence, westerly, along the water's edge of the said Bay to the point at which the wesuiiy limit of the allowance for Road between Park lots numbers eighteen and nineteen, in the said Township of York, being produced southerly, intersects the said water's edge ; thence, northerly, in the direction of the said westerly limit of the said allowance for Road to the distance of four hundred yards north of the northerly boundary line of Queen Street ; ihence, easterly, parallel to Queen Street to the easterly boundary line of the allowance for Road between Park lots numbers two and three ; Ihence, south, sixteen decrees east, along the easterly boundary line of the said allowance for Roadf, four hundred yards more or less, to the place of beginning. And the remainder of the said tract, to constitute the Liberties of the said City. The said City to be divided into si.K Wards to be called respectively, the Wards of St. James, St. David, St. Lawrence, St. George, St. And- rew and St. Patrick, and to comprise the following portions of the said City respectively, that is to say : The said Ward of St. James to comprise all that part of the said City, lying between the northerly boundary line of King Street east, the westerly boundary line of Yonge Street, the easterly boundary line of Nelson Street, and the northerly boundaiy line of Queen Street east. The said Ward of St. David to comprise ail that part of the said City lying to the eastward of the westerly boundary line of Nelson Street, and to the north of the northerly boundary line of King Street east. Ttie said Ward of St. Lawrence to comprise all that part of the said City lying to the southward of the nor\herly boundary line of King Street east, and to the eastward of the westerly boundary line of Yonge Street. The said Ward of St. George to comprise all that part of the said City lying to the southward of the northerly boundary line of King Street, and to the westward of the westerly boundary line of Yonge Street. The said Ward of St. Andrei to comprise all that pan of the said City lying between the northerly boundary line of Kins Street east, and the northerly boundary line of Queen Street east, antl west of the westerly boundary line of Yonge Street. And the said Waid of St. Patrick to comprise all that part of the said City lying to the noith of the northerly boundary line of Queen Street west, [»nd west of the westerly boundary line of Yonge Street. And so much of the Liberties of the said City as lies to the southward a.id eastward of Lhe St. Lawrence Ward, shall be and is hereby attached to the St. Lawrence Ward; so much thereof as lies to the northward and < astward of the St. David's Ward, shall be and is hereby attached to the said St. David's Ward ; so much thereof as lies to the northward ot the said St. James's Ward, shall be and is hereby attached to this said St. Jnvnes's Ward ; so much thereof as lies to the southward and west- waitl of the St. George's V/ard, shall be and is hereby attached to the tigiJ St. ' ieorge's Ward ; so much thereof as lies to tlie westward of the St. Ardn >v'3 Ward, shall be and is hereby attached to the said St. AnH. vv"> Ward ; and so much thereof as lies to the northward and west- wrvii of till- St. Patrick's Ward, shall be and is hereby attached to the said St. Patrick's Ward ; the limits between the respective portions of the said Libeiiies hereby attached to the diflerent VVards of the said City 'eing ascertained by the extension of the boundary lines between the said Wards respectively, through the said Liberties, except the y)oundary line between the ponions hereby attached to the St. Lawrence Ward, and that hereby attached to the St. David's Ward, which shall consist of the northerly boundary line of King Street east to the River Doi!. .'^i [ESTA 1st. G County limits, th seven, in fries, in allowanc thence, road lead side-line thence, a between Turnpike parallel concessic numbers the twelf allowanc and betw sion, cros concessio concessio the centre place of b 2nd the East within th' limits or b first conce second cor together \\ tioned and 3rd. Pa tofore situ County of limits, thi the southe south-easti the Towns portion of in front of eastward c also the nc lots numb( Kiver, in t of Wentw [The Pr to the fore}. 4th. Rk the Count} ing limits, Acre Park Commissit twenty-tw third and i County of VILLAGE BOUNDARIES. the point at sn Park lota fork, being (. northerly, ce for Road y boundary treet to the 1 Park lots :, along the idred yards : of the said 5spectively, ;e, St. And- of the said le said City, it east, the iary line of eet east. le said City Ison Street, et east. of the said King Street ms:e Street. le said City Street, and et. said City and the \e westerly of the said aeen Street southward )y attached northward attached northward to tha said and west- led to the /^ard of the 18 said St. and wertt- led to the ortions of the said s between xcept the Lawrence liich shall the River f [established BV proclamation, dated 4th SEPTEMBER, 1849.J 1st. Gait. — Toconsist of all that part of this Province situate within the Galt. County of Waterloo, in Upper Canada, and lying within the following limits, that is to say, " Commencing on the western limit of lot number seven, in the centre of the tenth concession of the Township of Dum- fries, in the said County of Waterloo ; thence, on the said limit, to the allowance for highway between the tenth and eleventh concessions ; thence, along the said allowance, to its junction with the macadamized road leading from Gait to Dundub ; thence, on the same course as the side-lines of the concession to the Dundas and Waterloo Turnpike; thence, along the said Turnpike, crossing the allowance for highway between the eleventh and twelfth concessions, to the junction of the said Turnpike with the common road leading from Gait to Preston ; thence, parallel to the alloviance for highway between the eleventh and twelfth concessions crossing the Grand River, to the side-line between lots numbers eleven and twelve in the eleventh concession produced into the twelfth concession ; thence, along the said side-line crossing the allowance for highway between the eleventh and twelfth concessions, and between lots numbers eleven and twelve in the eleventh conces- sion, crossing the allowance for highway between the tenth and eleventh concessions, and between lots numbers eleven and twelve in the tenth concession, to the centre of the said tenth concession ; thence, through the centre of the said tenth concession, crossing the Grand River, to the place of beginning." 2nd. Oshawa. — To consist of all that part of this Province situate within Oshawi. the East Riding of the County of York, in Upper Canada, and lying within the following limits, that is to say : "Comprised within the limits or boundaries of lots numbers nine, ten, eleven and twelve, in the first concession ; and lots numbers nine, ten, eleven and twelve, in the second concession of the Township of Whitby, in the said East Riding, together with the allowance for road between the said four first men- tioned and the said tour last mentioned lots." 3rd. Paris. — To consist of all that part of this Province here- Pakis. tofore situate partly in the County of Waterloo and partly in the County of Wentworth, in Upper Canada, and lying within the following limits, that is to say: "Comprised within the limits or boundaries of tiie southerly halves of lots numbers twenty-nine and thirty, and the south-easterly quarter of lot number thirty-one, in the first concession of the Township of Dumfries, in the County of Waterloo ; and all that portion of the Gore of Dumfries, in the said County, lying immediately in front of the above mentioned parts of lots, and extending ten chains eastward of the same, including Dundas Street, in front of the said Gore ; also the northerly thioe fourths of lot number twelve, and all that part of lots numbers thirteen and fourteen, on the westerly side of the Grand Piver, in the first concession of the Township of Brantford, ii. the County of Wentworth." [T^c Proclamation declares the whole of the Village of Paris, according to the foregoing limits, to be annexed to the County of Wentworth.'] 4th. Richmond. — To consist of all that part of this Province situate in the County of Carleton, in Upper Canada, and lying within the follow- ing limits, that is to say : " Comprised within the Village Lots and Ten Acre Park Lots, adjoining the Village, as laid down in the Office of the Commissioner of Crown Lands, and which is composed of lots numbers twenty-two, twenty-three, twenty-four and twenty-fiva, in the second, third and fourth concessions of the Township of Goulburn, in the said County of Carleton, and all allowances for road between such lots." ., J .. 4 Richmond, 80 DIVISION OF COUNTIES. Village boun- daricH. Thorolb. [kstahushkd by proclamation, datki) 29th septemrrr, IS-IO.] 5th. Chippewa. — To consist of all that part of this Province situate within the County nf VVollan " following limits, that is t 3llan(l, in Upper Canada, and 1^'ing within tho o pay : " Counnoncing at tho Niagara River, in the Township of Stamford, at a point in a direct easterly line with the stake and riilered rail-fence, imme, and for the future dissolutions of such Unions, as the increase of wealth and population may require. [30lh May, 1849.] Prearabic. "Y17"HEREAS by reason of the subdivision of Districts in that part of T ? this Province called Upper Canada, the boundaries thereof have, in many cases, become identical with the boundaries of Counties, and there being no longer any sufficient reason for continuing such territorial division in that part of the Province, it is expedient to abolish the same and, following in this particular the Mother Country, to retain only the name of County as a territorial division for judicial as well as all other puiposes, providing at the same time for temporary Unions of Counties for judicial and other purposes, and the future dissolution of such Unions as the increase of wealth and population may from time to time require: Be it therefore enacted by the Queen's Most Excellent Majesty, by and 'P V. And to this Act purposes, t of Repress tration of 1 larly set fo Counties o: for all such and Institu which by ; future Sess in commor united as Y VI. And Counties s property of same mav a, 1849.] nee situnto within tho la River, in le with tho )al C'hiirch; I the Town- i the River l; tho llivor ihip of VVil- reek Road, ins ; thence ver, always r Woihma ; y the River ince situate ; within tho niship Line lot number iueenston lo e said road srsects Pine Line at the sncession to Mile Street, Mile Street .ms ; thence antham and ining." lES, 1^0 Districttf ial and other le increase of y, 1849.] [that part of jreof have, uities, and ih territorial the same, in only the IS all other )f Counties ich Unions le require: bty, by and DISTRICTS ABOLISHED. UNIONS OF COUNTIES. with tlie advice and coiiaoiit of the f^ogislativo Council and of tho Legis- jiiiivc AsHtMubly of tho J'rovinco of Canada, constituted and assornbled l)y virtue of and under tho authority of an Act passed in tho Parliament of tho United Kingdom of Great Hritain and Ireland, and intituled, An Act lore-unite the Provinces of Upper and Lower- Canaday and for tlie (iovernmcnt of Canada, and it is hereby enacted by the authority of tho same. That this- Act snail come into and bo in operation upon, from and after the first day of January, in tho year of our Lord, one thousand -- -'' liundred and fifty. 81 eight (.'nminrnccment of Ihl8 Acl. Dintricli nboliiihrd. Dislrtct Court*, tcr.., to lipf.ome (-'ouiity (Joiirtfl, Ac. Iviwi applicahlo to HiRtricts to npply to Coun- tieii. Courts of Afiize, tea., to beheld in and forCouiitiea. I. AROLITION OF DISTRICT DIVISIONS. If. And bo it enacted. That the division of that part of this Province called Upper Caiiada,'iuto Districts for judicial and other purposes, shall be and the same is hereby abolished. III. And be it enacted. That tho Courts, Court Houses and (iaols, heretofore called District Courts, Comt Houses and Caols, shall from henceforth bo called County Courts, Court Houses and Caols, and tho District Grammar Schools, County Grammar Schools, and all and sin- oular the Otfices and Oflicers now appertaining to the said Districts shall henceforth belong and appertain to the said Counties respectively, and whenever the said Offices or Officers have the title or denomination of Offices or Oificers, of or for the District, they shall henceforth have the title or denomination of Offices or Officers of or for the County ; and all laws at present in force, or during the present Session of Parliament made or to be made applicable to the said division of territory by the name of Districts, or the Courts, Offices or other Institutions thereof, shall be applied to and have the same operation and eflTecl upon the said Counties and their respective Courts, Offices and other Institutions, as Counties. IV. And be it enacted, That the Courts of Assize and Nisi Prius, and Oyer and Terminer, Gaol Delivery, Sessions of the Peace and District Courts, shall be held iu and for the said Counties, as such Courts are now held for the diflferent districts in Upper-Canada, and that the name County shall be used in designating such Courts, and also in all legal proceedings where the name District i? now, or by any Act passed or to be passed during the present Session of Parliament, shall be used. II. UNIONS OF COUNTIES FOR JUDICIAL AND OTHER PURPOSES. V. And be it enacted. That the Counties mentioned in the Schedule to this Act annexed, marked A, shall, for all judicial and municipal purposes, and for all other purposes whatsoever, except for the purpose of Representation in the Provincial Parliament, and that of the Regis- tration of Titles, be formed into Unions as in the said Schedule particu- larly set forth, and each of such Unions under the name of the United Counties of and (naming them) shall for all such purposes (except as before excepted) have aH Courts, Offices and Institutions established by law and now pertaining to Districts, or which by any Act passed or to be passed during the present or any future Session of Parliament, shall or may be established for Counties in common between them, so long as such Counties shall remain so united as herein provided. VI. And be it enacted. That the County property of all such United a* to property of Counties shall, so long as such Counties remain united, be the common '"'"^ Couruie*. property of such United Counties, in whichever of such Counties the same mav be situated. Certain Countieti tot)e united for purposes otiier than Representa- tion and Regi«- Irntion of Title«, to have Court*, &c., in common. 82 DIVISION OF COUNTIES. Mode of describ- ing nny United County in laying a Venue. I>!»W8 rclntive to nistricts to apply to Unions of Counties. Which shnll be calleii the Senior Couniy. Town reeves of a Junior County may lie made the Provisional Council of the County, provided certain condi- tions l)e complied with. Proviso: Petition must be adoptec4 by two thirds of the Townrceves after being adopted at two yearly meetings. Of whom the Provisional Council shall consist. Provisional Council may VII. And be it enacteJ, That in laying the Venue in any judicial proceeding in which the same may be necessary in any County which may be so unitetl to any other County, or Counties as hereinbefore pro- vided, the same shall bo laid in such County by name describing it, as one of the United Counties of and (riaming them), and for the trial of any issue, or for the assessment of damages, in ihe course of any such judicial pioceeding, whensuch issue shall be tried or such damages assessed by Jury,the Jury shall be sum- moned from the body of the United Counties, as if the same were one County. VIII. And be it enacted, That during the continuance of any such Unions of Counties, all Laws now existing and applicable to Districts, and all Lav. s hereafter to be made, whether during the present or any future Sessiop. of Parliament, and applicable to Counties generally in relation to any matter whatsoever, except only Representation in the Provincial Parliament, and Registration of Titles, shall, to all intents and purposes whatsoever, apply to every such Union of Counties, as if such Union formed but one County. III. DISSOLUTION OF UNIONS OF COUNTIES. IX. And be it enacted, That in all the Unions of Counties provided for by the fifth Section of this Act, the County within the limits of which the Court House ami Gaol, heretofore the District Court House and Gaol shall be situated, shall be deemed the Senior County of such Union, and the other County or Counties, the Junior County or Counties thereof. X. And be it enacted, That so soon as by the census taken according to any Act of Parliament now in force, or hereafter to be in force, for taking a census of the inhabitants of tnis Province, or of that part of it called Upper-Canada, it shall appear that any Junior County of any such Union oi' '^'ounties, as is provided for by the .'♦aid fifth Section of this Act, contains d population of not less than fifteen thousand souls, it shall and may be lav^ful for the Governor of this Province, by an Order in Council upon the Petition of two-thirds or more of the Town reeves for the time being of sucb Junior County, if he shall deem the circumstances of such Junior County such as to call for a separate establishment of Courts, and other County Institutions, to issue a Proclamation under the Great Seal of this Province setting forth the same, naming a place within such Junior County for a County Town, and erecting the Townreeves for such Junior County, 'then elected or thereafter to be elected for the same, into a Provisional Municipal Council for such Junior County, and declar- ing such Municipal Council a Provisional Municipal Council, under the authority of this Act, until the dissolution of such Union of Counties as provided for by this Act : Provided always, nevertheless, firstly, that no such petition shall be presented or acted upon, unless adopted and signed by such two-thirds, in the month of February after their election or appointment, nor until a resolution declaratory of the expediency of presenting such petition shall have been adopted by a majority of such Townreeves for the time being, present at two several meetings to be called for that purpose, by a majority of such Townreeves for the time being, the one to be held some time in the month of February, in the year next but one preceding that in which such pethion shall have been so adopted and signed, and the other in the month of February in the year next preceding such last mentioned year: Provided also, secondly, that every such Provisional Municipal Council shall, from time to time, and at all times during its continuance as such, consist of the Townreeve? for the several Townships, Villages and Towns in such Junior County. XI. And be it enacted, That every Provisional Municipal Council erected by Proclamation as aforesaid, shall have all the powers in, over, ny judicial jnty which ibefore pro- ribing it, as lessment of nsuch issue all be sum- 3 were one if any such to Districts, isent or any renerally in ilion ill the D all intents jnties, as if ES. ies provided lits of which se and Gaol b Union, and 3 thereof. 3n according in force, for lat part of it r of any such of this Act, it shall and r in Council for the time nces of such f Courts, and e Great Seal within such ves for such )r the same, and declar- il, under the Counties as rstly, that no idopted and eir election [pediency of riiy of such itings to be for the time ary, in the 1 have been luary in the 10, secondly, lime to time, Pownreeve? [r County, jpal Council lers in, over, DISSOLUTION OF UNIONS. and with respect to such Junior County as are now by Law vested, or a» hereafter may by Law be vested in the different Municipal Councils in Upper-Canada, so far as the same shall or maybe requisite, for the pur- chase or procuring of the necessary properly on which to erect a Court House and Gaol, — for the erection of such Court House and Gaol, — and for raising, levying and collecting the necessary moneys to defray the expenses of the same, and for rermjuerating the Provisional Officers employed or to be employed in or about the same : Provided always, that nothing herein contained shall extend or be construed to extend in any way to interfere with the powers of the Mimicipal Council of such Union, but all moneys to be raised by such Provisional Municipal Council as aforesaid, shall be independent of, and in addition to, any moneys that may be directed to be raised by the Municipal Council of such Union, under the powers in them rested or to be vested by Law. XII. And be it enacted, That every such Provisional Municipal Council shall have power in their discretion to appoint a Provisional Warden, a Provisional Treasurer, and such other Provisional Officers for such County as they may deem necessary for the purchase or procuring of such property, — the erection of such Court House and Gaol — the safe keeping of such moneys, — and the protection and preservation of such property when thus acquired ; which Provisional Warden, Treasurer and other Provisional Officers shall hold their offices during the pleas- ure of such Provisional Municipal Council. XHI. And be it enacted. That every such Provisional Municipal Council shall be a Body Corporate by the name of the Provisional Muni- cipal Council of the County of (naming it,) and as such, shall have all Corporate powers necessary for the purpose of carrying into effect the object of their erection into such Provisional Municipal Council as herein provided, and none other. XIV, And be it enacted. That all moneys directed to be assessed, levied and collected upon such Junior County by any By-law of such Provisional Municipal Council, shall be assessed, levied and collected by the same persons and in the same manner as the moneys directed to be assessed, levied and collected by the Municipal Council of the Union to which such County shall belong, and shall be paid over by the Col- lector thereof to the Provisional Treasurer of such Junior County in the like manner as other moneys are payable over to the Treasurer of such Unions Provided always, firstly, that every Collector of such moneys shall be entitled to deduct and apply to his own use, for the trouble and responsibility of such collection, a sura equal to two and a half per cen- tum upon the moneys paid over by him to such Provisional Treasurer as aforesaid, and no more : Provided also, secondly, that the moneys so collected shall in law and equity be deemed and taken to be moneys collected for such Union, so far as to charge every such Collector with the same, and to render him and his sureties responsible to such Union for such moneys : And provided also, thirdly, that all such moneys recovered or received by any such Union from any such Collector or his sureties, shall, after deducting the expenses of collection, be accounted for to such Junior County, and paid over to the Provisional or other Treasurer thereof, so soon as the same shall be received. XV. And be it enacted, That so soon as any such Provisional Muni- cipal Council for any such Junior County as aforesaid, shall have pur- chased or procured the necessary property, at the County Town of such County, and erected thereon suitable buildings for the purposes of a Court House and Gaol, adapted to the wants of such County, and in con- formity with any statutory, or other rules or regulations in force respect- ing such buildings generally in Upper-Canada, it shall and may be 83 purchase propcr- ty for (Joiirt lloiiM's mill (inolH, mill mine inotiey lor that purpose. Proviso as to powcri of thf! i'ouncil of tlic Union. ProvjHional OtfiCfTs iii;iy lie appointed for Riicli purpose. Provi ITnioii or Kent, Kfars and Lanibton. Proviao n« to crrtain pro- viaiona of 10 and II Vict, c. ». Recital. On what appli- cation tite Onion between Lamb- ton and (he other Countiea may be disiiolved. Proviao. applicable (osuch Union to all intenin and piirponoii ai if the same had buen inaurted in the said Inst mentioned Act of Pnrliament and ih« Schtidulen thoroto annextul, under the name of the United Counties of Ksnex. Kent and Lambton an aforesaid, instead of under that of the Uniletl Counties of Kssex and Kent. II. And be it unacted, That as well for the purposes of this Act ami the said other Acts of Parliament hereinbefore mentioned and referred to, as for all other purposes whatsoever, so much of the said Towiiiihip of Dawn as lies to the south of the south main branch of the Hiver Sydenham, sometimes known as Bear Creek, shall be detached from the said Township of Dawn, and by and under the name of the (ioroof Camden, be attached to and henceforth form a part of the said Township of Cumden ; thai so much of the said Township of Sombra as lies to the south of the said south main branch of the said river shall be detached from the said Township of Sombra, and by and under the name uf the I North Gore of Chatham be attached to and henceforth form a part of the ' said Township of Chatham ; and that so much of the said Township of | Zone as lies to the north of the northerly side line of lots numoen fifteen in the several concessions of the said Township of Zone, shall be detached from the said Township, and shall henceforth form a new | Township by and under the name of the Township of Euphemia. III. And be it enacted, That all the provisions of the thirty-third and I thirty-fourth sections of the said last mentioned Act, making certain provisions with respect to the United Counties of Lincoln, Haldimanii and Welland, shall extend and apply to the said United Counties oil E^ex. Kent and Lambton, and every of them, as if thev and each oij them had been mentioned in such sections and the said Schedules tothei said Act annexed, respectively ; and all the provisions in the said last! mentioned Act of Parliament jproviding for a Union of the said Counliol of Kent and Lambton, apart from and irrespective of their Union \ui\ Essex, shall be and the same are hereby repealed : Provided alwayJ nevertheless, that all such provisions as by the Act of the Parliamenil of this Province, passed in the Session held in the tenth and eleventlil years of Her Majesty's Reign, intituled, An Act to divide the Weiltnl District of the Province qf Canada^ and for other purposes therein mtn-l tionedf were conferred upon the Township Councillors of the differeni| Townships of the then County of Kent, shall be possessed by and vested! in the Provisional Municipal Council of the said County of Kentu] described in this Act ; and such Provisional Municipal Council shall be| charged with the said Countyc Tts separation froa [all be such asii| 3sent Session^ sre enacted, pvincebyanOrde the Townreew ton under the \d always, never roviso to the Word Town- rpsvet Interpre- ted. 1 1 Prnvlio Rg 10 R«!gliiiry odlrea III CUM! of (tliao- lutJonorL/iiloiii. ProvUo. (Jommeneement ofttili Act. Act may be ■meiideo. «' Preamble. HURON, PERTH AND BRUCE. . Jt C T 12 VIC, C J P. 9' Ln Act to divide tlie District of Huron, in the Province of Canada^ and for other purposes therein mentioned. [30th May, 1849.J "HEREAS from the great extent of the District of Huron as at present constituted, and the consequent distance of some parts of klfrom the District Town, the inhabitants of those parts sufTer great Inconvenience ; And whereas also, from the vastly increasing popula- tion and agricultural advancement thereof, it is e.xpedient that the said jistrict should be divided, and certain portions of^the same should be tetoffand erected into new and separate Counties, to remain united to Jhal of Huron until they shall be disunited under the provisions of the ■Act passed in the present Session, and intituled. An Ad for abolishing }h Territorial Division of Upper Canada into Districts, and for promdirtg County Sub«titu- for Temporary Unions of Counties for Judicial and other purposes, and for sesti^ri^(c°78)''* it future dissolutions of swh Unions rts the increase of wealth and popula- ciied. tion may require : Be it therefore enacted by the Queen's Most Excel- lent Majesty, by and with the advice and consent of the Legislative fcouncil and of the Legislative Assembly of the Province of Canaunty of Bruce : and the County of Perth nhall include and consist of the Townships of Blanoliard, Hibbcrt, Ful- larton, Lof^an, Downie, (including the Gore of Downio,) Ellioe, Easl- hope North, Easthope South, (including the Town of Stratford,) Eima and Wallace, in the now County of .luron, and Mornington in the now County of Waterloo; the Countyof Bruce shall include aiKl consist of the Townships of Huron, Kinloss, Culross, Carriole, Kincardine, Greenock, Brant, Bruce, Saugeen, Elderslie and Arran ; and the County of Huron shall include and consist of all the remainder of the now Countyof Huron (including the Town of Godericb^ but the said three Counties of Huron, Perth and Bruce shall remain united and form a Union of Coun- ties for all the purposes of the Act last aforesaid, until such Union be dissolved in the manner provided in the said Act. II. And be it enacted, That all that Peninsular Tract of Land lying to the northward of tho Townships of Derby, Arran and Saugeen, and between Lake Huron and the Georgian Bay, and known as the Indian Reserve, together with every Island in Lake Huron or the Georgian Bay, any portion of which lie within ten miles of the shore of tho said Penin- sular Tract of Land, (unless such Island shall lie further south than the northern boundary line of the said Townships of Derby, Arran and Sau- geen,) shall be annexed to and form part of the County of Waterloo: and that every such Island in Lake Huron as shall lie further south than the t»aid boun^htry line, shall form part of such of the said Counties of | Huron or Bruce respectively as such Island shall lie most adjacent to. III. And whereas the population of the said County of Perth exceds twelve thousand, and frem its geographical position it is expedient that provision be made for its separation from the said Union without waiting till its population shall be such as is required by the tenth section of the said Act recited in the Preamble to this Act: Be it therefore enacted, I That the said County of Perth shall, for all the purposes of the Act last aforesaid, be considered and dealt with as if a Proclamation had issned under the tenth section of the said Act^ naming the Town of Stratford as the County Town thereof, and erecting the Townreeves of the saidi County then elected or thereafter to be elected for the same, into i Provisional Municipal Council for the said County^ and declaring such Municipal Council a Provisional Municipal Council for the same under! the said Act, until the dissolution of the Union of the said County Avilhl the Counties of Huron and Bruce ; and the said Townreeves shalil accordingly be a Provisional Municipal Council for the said County ofl Perth, and shall have and exercise all the powers by the said Act ve8teii| in any such Provisional Municipal Council. IV. And be it enacted, That when the Union of the said County Perth and the Counties of Huron and Bruce shall be dissolved in thel manner provided by the Act aforesaid, a Registrar shall be appointedl for the said County of Perth, and a Registry Office for the Registration oil Deeds shall be kept in and for the same at the County Town thereof, ill the same manner and under the same provisions as in other Counties Id} Upper Canada^ V. And be it enacted, That this Act shall have force and effect upooj from and after the first day of January, in the year of Our Lord, onej thousand eight hundred and f^'y, and not before. JOINT STOCK COMPANIES, row. ROADS, BRIDGES. WHARVES, &c. J C T 12 VIC, CAP. 84. Ai\ Act to authorize the formation q/* Joint Stock Companies for the construction of Roads and other Works in Upper Canada, [30th May, 1849.] WHEREAS it is expedient to encourage the construction of sawed, hewed or si>lit Flank, Macadamized or Gravelled Roads, and also Bridges, Piers, Wharves, slides and Dams connected therewith, in Upper Canada, by Comiwinies who may bo disposed to subscribe the necessary capital for the completion thereof; And whereas the delay and expense mcident lo obtairimg a special Act of IncorporatiAjfrom the Legislature for each separate Compariy,operate as a great discouragement to persons desirous of embarking capital for the formation of such Com- panies : Be it therefore enacted by the Queen's Most Excellent Majesty, oy and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assem- bled by virtue of and under the authority of an Act passed in the Parlia- ment of the United Kingdom of Great Britain and Ireland, intituled. An Act to re-unite the Provinces of Upper and Lower Canada, and for the govern' ment of Canada, and it is hereby enacted by the authority of the same. That any number of person snot less than five, respectively, may in Upper Canada, in their discretion form themselves into a Company or Companies under the provisions of this Act, for the purpose of constructing in and along any public Road or Highway, allowance for Road or otherwise, any Road or Roads of the kind mentioned in the Preamble to this Act, not less than two miles in length, and also any Bridge or Bridges, Pier or Piers, Wharf or Wharves, Slide or Slides, and Dam or Dams connected therewith in Upper Canada : Provided always, that no such Company shall construct any such road or other such works aforesaid, through, over, along or upon any private property or property of the Crown, without having first obtained the permission of the owner or owners, occupier or occupiers thereof, or of the Crown, so to do, except as hereinafter provided ; nor shall any such road be made of a higher grade than one foot elevation to twenty feet along the road, without the sanction of the Chief Engineer superintending Public Works in the neighbourhood thereof; And provided also, that no such Company shall be formed under the provisions of this Act to construct any line of road for which a Charter shall have heretofore been granted, provided such Chartered Company shall have its stock subscribed and be m a course of completing the work for which such Charter shall have been granted, within one year from the passing of this Act, nor shall any private property be taken for any other such work as aforesaid without the consent of the owner, if such owner shall himself commence such work within one year and shall complete the same within two years from the time he fihall be notified that a Company has been formed for constructing the same, nor shall any property of the Crown be so taken without the approval of the Governor in Council ; And provided also, that no such road shall be constructed or pass within the limits of any City or the liberties thereof, or within the limits of any Incorporated Town or Village, except by special permission under a By-law of such City, Pri.'Jimhlo. Coin|>nni(*a may be formcilfor tlie coiiHiructioii of Plank nnd other Roads, Bridges. HI idea and other work!. Proviso ni to Ulting pro|icrty. • Grade of Road. 1 4 ProviBO na lo Linea for which other Companica have been char- tered. Proviso as to Towns, *.c. 96 JOINT STOCK COMPANIES. Proviso as to lirirlKCs on any Koad. Any Twelve Freeholders may oppose the con- struction tec. of any Road. ProTtso as to old Roads ceasing to be required. Municipal Council may hear and decide upon such oppo- sition. Companies to become incorpo* rated on certain conditicns. Six per cent of capital to be paid up* Their Cor- porate powers. Common Seal. Holding; lands, tic. Town or Village, to be passed for that purpose ; Provided also, ihat all bridges in the line of road between the termini of any such road, sha'l be deemed part of such road to all intents and purposes whatever, unless specially excepted in the Instrument of Association of such Company. II. Provided always, and be it enacted. That, if twelve freoholdera resident within half a mile of any line of road proposed to be made, planked, gravelled or macadamized by any Company to be formed under the provisions of this Act, shall give notice in writing to the President, Chairman or other presiding Officer of any Company, or meeting convened to form any such Company, that they intend to oppose the formation or improvement of any such projected line of road, no further action shall be had towards the prosecution of such work until after the then next sitting of the Municipal Council having jurisdiction throughout the line of such intended road, provided such notice shall have Deen given before any such work shall have been commenced ; Provided always, that when any new road shall have been or be opened, or the line of any old road changed, it shall be lawful for the Munici- pality having such jurisdictiim as aforesaid to pass a By-law directing and permitting the old road or part of a road to be closed up, and embraced within the ehclosure of the person or persons from whom ground shall have been taken to form such new road, provided it shall not exclude any person residing on or near the old road from a convenient acoess to the new road. Iir. And be it enacted. That if the Municipal Council of such locality as nforesaid shall, upon such opposition made, pass any By-law pro- hibiting, varying or altering any such intended line of road, such By-law shall have the same force and effect, and be as binding, effectual and obligatory upon all persons whomsoever and upon any sHch Com- pany as if the provisions thereof had been inserted in the body of this Act. IV. And be it enacted, That when any number of persons, not less than five, shall have subscribed a sufficient quantity of stock to amount to a sum adequate in their judgment to tho construction of any such road or other work, and shall have executed an Instrument according to the form in the Schedule to this Act contained, and shall have paid to the Tressurer of such intended Company six per cent, upon the capital stock intended by such Company to be laised for the con- struction of the road or other work contemplated by such Company to be formed as aforesaid, and shall have registered such Instrument, together with a receipt from the Treasurer of such Company for such first Instalment of six per cent, as aforesaid, with the Register of any County through or along the boundary of which such road shall be intended to pass, or where such other work shall be situate, such Com- pany shall thenceforth become and be a Chartered and Incorporated Company, bv such name as shall be designated in the Instrument so to be registerecl as aforesaid, and by such name they and their successors shall and may have perpetual succession, and shall be capable both at law and in equity of suing and being sued, ot impleading and being impleaded, answering and being answered unto, defending and being defended in all Courts of Law and Equity and places whatsoever, in all manner of actions, suits, complaints, matters and ca^ises whatsoever; and they and their successors may have a Common Seal, and the same may make, alter and change at their will and pleasure, and that they and their successors by their corporate name shall be capable of pur- chasing, taking, having, holding and conveying, selling and departing with, any lauds, tenements and hereditaments whatsoever which may be or have been thought to be useful and necessary for the purposes of Buch Corporation. ... ROADS^ BRIDGES, WHARVES. also, Ihat all sh road, sha'l les whatever, ation of such ro freeholders id to be made, to be formed writing to the Company, or ntend to oppose ie of road, no ich work antil ing jurisdiction •h notice shall 1 commenced; in or be opened, or the Munici- y-law directing closed up, and )n8 from whom •ovided it shall 3m a convenient of such locality ay By-law pro- e of road, such linding, effect aal any snch Corn- body of this Act. jrsons, not less stock to amount on of any such (cnt according to ,11 have paid to Icent. upon the id for the con- such Company ich Instrument, jmpany for such [Register of any road shall be ate, such Com- ind Incorporated nstrument so to their successors capable both al .ding and being iding and being latsoever, in all les whatsoever; , and the same [e, and that they bapable of pur- [g and departing ver which may he purposes of Poweri of Company to explore the country and to take lands and niateriala. V. And be it enacted, That any such Company, or any other Com- pany heretofore chartered by Act of the Legislature for a like purpose, shall have full power and authority to explore the croand or the country lying between the termini of any road, or supposed to be adapted for the site of any other such work as aforesaid intended to be constructed by any such Company, and to designate and establish, take, appropriate, have and hold to and for the use < lem and their successors, the requi- site lands upon the line and with! . ihe limits of any such road or for any such other work as aforesaid, according to the provisions hereinafter contained for acquiring the same ; and to dig, take and carry away stone, gravel, sand, earth and other like materials from any adjoining or neighbouring lands, and also to cut, make and keep in repair upon such adjoining or neighbouring lands, such ditches, drains and water-courses as may be necessary for effectually draining and carrying off the water from any such road or other work ; and whenever any such road passes through or by any wood or standing timber, to cut down the trees and under-wood for one hundred feet on each side of the said road, making compensation therefor as hereinafter provided; and for the purpose aforesaid, the said Company and their agents, sei vants and workmen are hereby authorized and empowered to enter into and upon the lands and grounds of any person or persons, body or bodies corporate or politic. VI. And be it enacted. That the affairs, stock property and concerns of every such Company which shall or may be formed under the pro- visions of this Act, shall, for the first year, be managed and conducted by five Directors to be named in the said Instrument so to be registered as aforesaid, and thereafter to be annually elected by the Stockholders according to the provisions of any B)r-law which the first named Direc- tors or their successors shall from time to time pass for that purpose ; and that upon every such election of Directors, each Stockholder shall be entitled to one vote for every share he may hold or be possessed of in the said Company j and any majority of such Directors shall be a quorum for the transaction of business. VII. And be it enacted. That if at any time after the formation of any such Company in manner aforesaid, the Directors shall be of opinion that the original capital subscribed will not be sufficient to complete the work contemplated by such Company to be executed, it shall and may be lawful for the said Directors, under a Resolution to be passed by them for that purpose, either to borrow upon the security of the said Company, by bond, or mortgage of the road and tolls to be collected thereon, a sufficient surn of money to complete the same, or to authorize the subscription upon the said original Instrument so to oe registered as aforesaid, of such number of additional shares as shall be named in the said Resolution, a copy whereof under the hand of the President and seal of the Company, shall, by the said Register, be annexed to the said original Instrument, upon the same being delivered to him by the said President, at the office of the said Register, who shall thereupon permit such additional subscriptions upon a receipt from the Treasurer of six per cent upon the amount of such subscriptions respectively. VIII. And be it enacted. That each share in every such Company shall be five pounds, and shall be regarded as personal property, and shall be transferable upon the books of such Company, in such manner as shall be provided by any By-law to be made by the Directors in that behalf. IX. And be it enacted. That any such Company so to be incorporated companiei may as aforesaid, may, in any Court having jurisdiction in matters of simple ■uefor amount contract to the amount demanded, sue for, recover and receive of or of "•'• unpaid, from any Stockholder in such Company, the amount of any call or calls ■,'i Drainage. Cutting. Entering upon lands. AfTairs of Com- panies to be managed by five Directors. How ap|)0inted. Votes of Shareholders. Quorum. Directors may authorize an increase in the number of shares when uecestary or may borrow money on mortgage. Shares to be of £i each, and how transfer- able. 98 Notice. Arbitrator! to bo appointcti in cniie ofowiipra of property throii8>i whirh the rond luny pKRI, Itc, <)i*- 4if{reoiiiK Willi the Company. MoJe orcom- piitintt dnnia- gOB, &.C. Tender or payiuent. ProviiO : if the party ohall nc- Ijlect to name an arbitrator, or the arl)iirator8 can- not agree on a third. Award may be made by any two. Proviso as to gardeuS) yards, Stc. Mow Arbitrators shall be appoint- ed when the owners of the lands are absent, or unable to sell, or the lands are luorlgagedi Itc. JOINT STOCK COMPANIES, of stock Awhioh sucli Stockholder may neglect to pay, after public notice thereof in any newspaper nublished in the Di:}triot where the Directors shall usually meet for conuuctins the business of such Company, or if there be no newspaper published in such District, then in some adjoin- in}T District. X. And be it enacted, That if the owner or owners, occupier or occu- piers of any land, over, or throi>gh, or upon which any such Company as aforesaid may be ilesirous of constructing any such road or other work, or from which materials are to be taken, or upon which any power given by this Act to the Company is intended to be exercised, shall U[)on demand made by the Directors of any such Company, neglect or refuse to agree upon the price or amount of damages to be paiil for, or for passing through or over such land, and appropriating the same to and for the uses of any such Company, or for the exercise of any such power as aforesaid^ it shall and may be lawful for the said Companv to name one Arbitrator, and for the owner or occupier of such land so required, or with reganl to which such power is intended to be exercised as aforesaid, to name another Arbitrator, and for the said two Arbitrators to name a third, to arbitrate upon, adjudge and determine the amount which the said Company shall pay before taking possession of such land, or exercising each power as aforesaid ; and upon such sum being ascertained, due attention being had by the Arbitrators in ascer- taining the same, to the benefits to accrue to the party requiring com. Eensation, by the construction of the said road or other work, it shall be iwful for the said Company to tender such sum to the said party claiming compensation, who shall thereupon execute a conveyance to the said Company, or such other document as may be requisite, and the said Company shall, after such tender, whether such conveyance or document be executed or not, be fully authorized to enter upon and take possession of such land to and for the uses of the said Company, and to hold the same, or to exercise such power as aforesaid, in such and the like manner as if such conveyance thereof or other document had been executed as aforesaid : Provided always, tltat if any such owner or occupier shall neglect to name an Arbitrator for the space of twenty days after having been notified so to do by the Company, or if the said two Arbitrators do not agree upon such third Arbitrator, within twenty days after the appointment of tiie second Arbitrator, then upon the application of the said Company or of the other parly, the Judge of the District Couit holden within the Di.strict, shall nominate one oT the Councillors of one of the Townships next adjacent to that in or along which the land shall be situate, which it is proposed to take, or with regard to which such power is intended to be exercised as aforesaid, to De either the second ar the third Arbitrator, in lieu of the one so to be appointed and named, but not appointed or agreed upon by the party or by the two first named Arbitrators as aforesaid, and any award made by a majority of the said Arbitrators shall be as binding as if the three Arbitrators had concurred in and made the same ; Provided, that no read or other such work as aforesaid shall be made through or upon any pleasure ground, garden, yard or orchard, or materials taken therefrom, nor shall any timber be taken from any enclosed lands, without the consent of the owner. XI. And be it enacted, That whenever any lands or grounds required by any such Company, for the purposes of any road or other such work, or with regard to which any such power is to be exercised as aforesaid, are held or owned by any person or persons, bodies politic, corporate or collegiate, whose residence may not be within this Province, or unknown to the said Company, or where the titles to any cuch lands or grounds ' .ay be in dispute, or where such lands may be mortgaged, or ROADS, BRIDGES, WHARVES. when the owner or owners of such lands or grounds are unable to treat with the said Company for the sale thereof, or the exorcise of any such power as aforesaid by the Company, or to appoint Arbitrators as afore« (•aid, it shall and may be lawful for the saiu Company to nominate one indiiferent person, and for the Judge of the District Court for the Dis- trict in which the lauds are situate, on the application of the said Company, to nominate and appoint one other inaiiferent person, who, togetncr with ono other person to be chosen by the persons so named, before proceeding to business, or, in the event of thuir disagreeing as to the choice of sucTi other person, to be appointed by any such Judge as aforesaid, before the others proceed to business, shall be Arbitrators to award, determine, adjudge and order the respective sums of money which the said Company shall pay to the respective parties entitled to receive the same, for the said lands or grounds, or damages as afore- said, and the decision of the majority of such Arbitrators snail be bind- ing ; which said amount so awarded the said Company shall pay or cause to be paid to the several parties entitled to the same when demanded ; and also that a record of such award or arbitration shall be made up and signed by the said Arbitrators, or a majority of them, spe- cifying she amount awarded and the costs of such aroiirution which may be settled by the said Arbitrators, or a majority of them, which record shall be deposited in the Registry Office of the County in or along which such lands or grounds are situate ; and that the expenses of any Arbitration under this Act, shall be paid by tlie said Company, and by them deducted from the amount of such award, on payment thereof to the parties entitled to receive the same, if the Company shall before the appointment of their Arbitrator, have tendered an equal or greater sum tnan that awarded by the Arbitrators, and otherwise by the opposite party, and the Arbitrators shall specify in their award by which of the parties the said costs are to be paid : And provided also, that all lands or grounds which shall hereafter be taken by any such Company for the purposes of any road or other such work, and which shall have been purchased and paid for by any such Company in the manner hereinbefore provided, shall become and thenceforward shall continue to be the property of such Company free from all mortgages, incum- brances and other charges. XII. And be it enacted, Tlxat if any such road shall pass through any tract of land or property belonging to or in possession of any tribe of Indians in this Province, or if any property belonging to them be taken or any act occasioning damage to their properties or their possessions shall be done under the authority of this Act, compensation shall be made to them therefor, in the same manner as is provided with respect to the property, possession or rights of other individuals ; and that whenever it shall be necessary that Arbitrators be chosen by the parties for settling the amount of such compensation, the Chief Officer of the Indian Department, within this Province, is hereby authorized and required to name an Arbitrator on behalf of the said Indians, and the amount which shall be awarded in any case shall be paid where the said lands belong to any tribe or body of Indians, to the said Chief Officer, for the use of such tribe or body. XIII. And be it enacted, that the Arbitrators so appointed shall fix a convenient day for hearing the respective parties, and shall give eight days' notice at least of the day and place, and having heard tne parties or otherwise examined into the merits of the matters so brought oefore them, the said Arbitrators, or a majority of them, shall make their award or arbitrament thereupon in writing, which award or arbitrament shall be final as to the amount so in dispute as aforesaid. 99 Amount of award to be paid forthwith. Award tolMi regittcred. Dy whom th« coaia aball be paid. « 1 i ;■ li 1 i .....' * t Proviao : Lands taken to 1)6 freeof incum- brancea. Caie of landa belonging to Indiana pro- vided for. Meelinga and proceedlnga of the arbiUBtota. 100 JOINT STOCK COMPANIES, Election of Presi- dent and ap- lioiniment or Officers. Tolls, liow to be fixed paid and levied. Proviso : when lolls may be tHken. Rule of tolls limited on Roads. Directors to re- |X)rt annually to the Municipality the amount re- ceived and ex- tended, 4cc. Companv to keep regular books open to persons apiKtinied by Municipality, tec. XIV. And be it enacted, That it shall be lawful for the Directors of any such Company to elect one of their number to be the President, and to nominate and appoint such and so many officers and servants as they shall deem necessary for performing the duties required of them by the . said Company, and in their discretion to take security from them or any of them for the due performance of his or their duty, and that he or they shall duly account for all moneys coming into his or their hands to the use of any such Company. XV. And be it enacted, That it shall and may be lawful for the President and Directors of any such Company from time to time to fix, regulate and receive the tolls and charges to be received from all per- sons passing and re-passing with horses, carts, carriages, and other vehicles and for cattle driven upon, over and along any road or from all persons, passing over any bridge with or without any such car- riages or animals as aforesaid, or using any work constructed made and used by such Company under and by virtue of the provisions of this Act : Provided always, that so soon as two or more miles of any such road shall have been completed tolls may be taken therefor, but on no other work shall tolls be taken until the same shall be completed. XVI. And be it enacted. That the amount of tolls hereby authorized to be levied at any gate by any such Company, to be formed and incor- porated under the provisions of this Act, upon any road constructed by such Company, shall not for each time of passing, whether loaded or otherwise, excet \ an aggregate sum calculated at the rate of one penny half-penny per mile, from the gate required to be passed to the last §ate m the direction whence any person may have come, for any vehicle rawn by two horses or other cattle ; and for any vehicle drawn by more than two cattle, one half-penny per mile for every additional one ; for every vehicle drawn by one horse, one penny per mile ; for every score of sheep or swine and for every score of neat cattle, one half-penny per mile 5 for every horse and rider or every led horse, one half-penny per mile. XVII. And be it enacted, That it shall be the duty of the Directors of every Company incorporated under this Act, to report annually, at some time during the month of January in each year, lo the Municipa- lity having jurisdiction within th? locality through or along the boundary of which such road shall pass, or wherein such other work may be con- structed, under the oath of the Treasurer of such Company, the cost of their work, the amount of all money expended, the ainount of their capital stock, and how much paid in; the whole amount of tolls ex- pended on such work ; the amount received during the year for tolls, and from all other sources, stating each separately ; the amount of divi- dends paid, and the amount expended for repairs, and the amount of debts due by such Company, ppecifying the object for which such debts respectively, were incurred ; and every such Company, shall keep regular books of account, in which shall be entered a correct statement of the assets, receipts and disbursements of such Company, which shall be at all times open to the inspection and examination of any person or Eersons, who may for that purpose be appointed by the Municipality, aving jurisdiction as aforesaid ; and every such Inspector shall have the right of taking copies or extracts from the same, and of requiring and receiving from the keeper or keepers of such books, and also from the President and each of tne Directors of such Company, and all the other officers and servants thereof, all such information as to such books and the aflfairs of snch Company generally^ as such Inspector or Inspectors may deem necessary for the full and satisfactory investigation I *.o and report upon the state of the affiurs of such Company, m as to enable Hrectors of sident, and nta as they lem by the [n them or i that he or ;ir hands to vful for the time to fix, om all per- , and other I or from all such car- id made and lions of this af any such jr, but on no ipleted. y authorized id and incor- nstructed by er loaded or of one penny I to the last r any vehicle •awn by more nal one; for »r every score If-penny per f-penny per the Directors annually, at e Municipa- .he boundary may be con- the cost of junt of their of tolls ex- ear for tolls, lount of divi- amount of such debts I, shall keep X statement which shall |ny person or municipality, shall have jf requiring kd also from [and all the such books br Inspectors Ion 1 *o and U to enable ROADS^ BRIDGES, WHARVES. such Inspector or Inspectors to ascertain whether the tolls levied upon such work are greater than this Act allows to be levied as aforesaid. XVIII. And be it enacted, That it shall and may be lawful for the Directors of any such Company to call in and demand from the Stock- holders of the said Company, respectively, all such sum or sums of money by them subscribed, at such times and in such payments or instalments as the said Directors shall deem proper, under the penalty of forfeiting the shares of stock subscribed for and allprevious payments made thereon, if payment shall not be made by the Stockholders within ninety davs after a personal demand, or after notice requiring such pay* ment shall have been published for six successive weeks in the news- paper or one of the newspapers nearest the place where the Directors of the said Company shall usually meet for conduoting the business of the said Company. XIX. And be it enacted. That every such road or other such work as aforesaid) and all the materials which shall from time to time, be cot or provided for constructing, building, maintaining or repairing toe same, and all toll-houses, gates and other buildings constructed or acquired by and at the expense of any such Company acting under the ptovisions of this Act, and used for their benefit and convenience, shall oe vested in such Company and their successors. XX. And be it enacted, That every such Company shall have full power and authority to erect such number of toll-gates or side-bars in, along or across the said roadd, and upon or at any work constructed under this Act, respectively, and fix such tolls, not exceeding the rate afore- said, to be collected at each gate or bar, as they may deem &{ and expedient (which tolls may be altered from time to time as circum- stances may require,) and to erect and maintain such toll-houses, toll* gales and other Duildings and erections which may seem necessary and convenient for the due management of the business of every such Company respectively ; Provided always, that no toll shall be exacted for merely crossing any road. XXI. And be it enacted, That every such C(Hnpany so to be incorpo- rated as aforesaid, shall be bound and is hereby required to complete each and every road not more than five miles in length, and any other work undertaken by them, and for the complelion whereof they shall have become incorporated as aforesaid, withm two years from the day of their becoming incorporated under this Act, in default whereof they shall forfeit all the corpiorate and other powers and authority whieh they shall in the mean time have acquired, and all their corporate powers shall thenceforth cease and determine, unless further time be granted by a By-law of the Municipality having jurisdiction as aforesaid! XXII. And be it enacted, That if any person or persons shall in any way injure, cut, break down or destroy any part ot anj^such road, bridge or other such work as aforesaid, or any toll-gate or toll-house, building or other erection in, upon or near any such road or work, and belonging to or used for the convenience of any such Company under the provi- sions of this Act, every such person so offending, and being lawfully convicted thereof, shall be deemed guilty of a misdemeanor, and shall be punished by fine and imprisonment ; and if any person or persons shall remove any earth, stone, plank, timber or other materials used ox intended to be used in or upon the said road, for the construction, raain-> tenance or repair thereof, or shall drive any loaded wheel carriage of other loaded vehicle upon that part of any of the roads constructed under the authority of this Act, or by any Incorporated Company under the authority of any other Act of the Legislature of this Province, between the stones, plank or hard road and the ditch, further than may b»necei» 101 Director! may call ill 8URI* ■ubvcribed under penalty or for- feiture of tliaret ■ubicrit>ed for. Rondi, worki and iiiaterinii vested in Coin- panici, and tbeir ■ucccMOta. 1 4 ' • 1 t « 1 I'oll-gatei may be execjisd. rroviiK). Roadi, fcc, to be completed by Cum panleii with in Q certain time after becoming incorporated. Penalty for default. Penalty on per- lonH injuring roada, or other workfof any Company 102 JOINT STOCK COMPANIES, Penalty on per- ■ont injuring roads, Ac. How enforced. Offender io pny all dninaees as well as the penalty. Fine to be pay- able either in money or labor. Fr.iea, how levied. Imprisonment for want of di stress. Penalty on persons turning out of road to evade toll. sary in passing any other vehicle or in turning off or upon such road, or ^hall cause any injury or damage to be done to the posts, rails or fences, or shall haul or draw, or cause to be hauled or drawn upoi. any part of the roads constructed as aforesaid, any timber, stona, or other thing which shall be carried principally or in part upon wheeled carriages or sleighs, so as to drag or trail upon such road to the prejudice theieor or if any person shall leave any wagon^ cart, or other carriage whatever, upon such road without some proper person in the sole custody or care thereof, longer than may be necessary to load or unload the same, except in case of accident, and in cases of accident for any longer time than may be necessary to remove the same, or shall lay any timber, stones, rubbish or other thing whatever upon such road, to the p> ejudice, interruption and danger of any person travelling thereon, or if any per- son shall, after having blocked or stopped any cart, wagon, or othot carriage in going up a hill or rising ground, cause or sutfer to lie and remain on such road, r.ny stone or other thing with which such cart or carriage shall have been blocked or stopped, or if any person shall pull down, damage, injure or destroy any lamp or lamp posts put up, erected or placed in or near the side of such road or toll-houses, erected thereon, or shall wilfully extinguish the light of anv such lamp, or if any person shall wilfully pull down, break, injuie or damage any table of tolls, put up or fixed at any toll-gate or bar on any part of such road, or shall wil- frlly or designedly deface or obliterate any of the letters, figures or marks thereon, or on any finger post, or a.iy mile post or stone ; or if any persons shall throw any eaith, rubbish or other matter or thing into any drain, ditch, culvert or other water-course made for draining any such road, or if any person shall without permission, carry away any stones, gravel, sand or other materials, dirt or soil from any part of any such road, or dig any holes or ditches ci the allowance for the same, or shall forcibly pass or attempt to pass by force any of the toll-gates set up by any such Company, or to use the work constructed by the Com- pany without having first paid the toll fixed by the Directors of such Company to be received at any such gate, such person shall, upon con- viction tnereof in a summary way before any Justice of the Peace in or near the place where the injury shall have been done, be sentenced to pay all damages sustained by such Company, to be ascertained by the said Justice upon the hearing of the said complaint, and also to pay a fine of not more than fifty shillings nor less than Ave shillings ; such damages and fine to be paid within a time to be limited by the faid Justice, and in default thereof the same shall be levied as next herjin- after is provided. XXIII. And be it enacted, That the fines and forfeitures authorized to be summarily imposed by this Act shall and may be levied and collected by distress and sale of the offender's goods and chattels, under the authority of any Warrant or Warrants of Distress for that purpose to be issued by the Justice before whom the conviction shall have been had ; and in case there shall be no goods or chattels to satisfy such Warrant or Warrants, such offender or offenders shall and may be committed to the Common Gaol of the District for any period not exceeding one month. XXIV. And be it enacted. That if any person or persons shall, after proceeding on any such road with any wagon, carriage or other vehicle, or animal liable to pay toll, turn out of the said road into any other road, and shall enter the said road beyond any of the said gate or gates with- out paying toll, whereby such payment shall be evaded, such person or ftersons shall for every such ofjfence forfeit and pay the sum of ten shil- ings, which said sum shall be expended on the said road or towards il ROADS, BRIDGES, WHARVES. the (iischarge of any debts due bv the Company; and any one Justice ofthe Peace for the District in which such part of iheHaid road is situate, shall, on conviction of such offender, fine such offender in the said penalty, and shall cause the same to be levied as aforesaid. XXV. And be it c.iacted, That if any person or per^^ons occupying or poRsessing any enclosed lands near any toll-house or toll-gates, which shall be erected in pursuance of this Act, shall knowingly permit or suffer any person or persons to pass through such lands, or through any gate, passage or way theison, with any carriage, horse, nnare, gelding or other animal liable to the payment of toll, whereby such payment shall be avoided, every person or persons so offending, and also the person riding or driving tne animal or animals or carriage whereon such payment is avoided, being thereof convicted, before any one Justice as aforesaid, shall for every such offence, severally incur a penalty not exceeding twenty shillings, which shall be laid out in improving such road. XXVI. And be it enacted, That it shall be lawful for any Municipal Body Corporate, having jurisdiction within the locality through or along the bounaary of which any such road shall pass, or in which any such work as aforesaid is to be constructed, to subscribe for, acquire, accept and hold, and to depart with and transfer Stock in any Company to be formed under the authority of this Act, or by any Company heretofore chartered by Act of the Legislature for a like purpose, and from time to time to direct the Mayor, Warden or other Chief Officer thereof, on behalf of such Municipality, to subscribe for such Stock in the name of such Municipality, and to act for and on behalf of such Municipality in all matters relative to such Stock and the exercise of the rights of such Municipality as a Stockholder, and the Mayor, Warden or other Chief OfRcer shall, whether otherwise qualified or not, be deemed a Stock- holder in the Company, and may vote and act as such, subject always to such rules and orders in relation to his authority as shall be made in that behalf by such Municipality by their By-laws or otherwise, but acting according to his discretion in cases not provided for by such Municipality ; and it shall be lawful for such Municipality to pay for, or to pay all instalments upon the Stock they shall subscribe for and acquire, out of any moneys belonging to such Municipality and not spe- cially appropriated to any other purpose, and to apply the moneys arising from the dividends or profits on the said Stock or from the sale thereof, to any purpose to which unappropriated moneys belonging to such Municipality may lawfully be applied. XXVII. And be it enacted, That it shall also be lawful for the Muni- cipality of any locality through or along the boundary of which any such road shall pass, or within which any such work as aforesaid shall be constructed, to loan money to the Company authorized to make such road or construct such work, or to any Company heretofore chartered by Act of the Legislature for a like purpose, and out of any moneys belong- ing to the Municipality and not appropriated to any other purpose, and to effect such loan upon such terms and conuitions as may be agreed upon between such Company and the Municipality making such loan, and to recover the money so loaned, and to appropriate the money so recovered to *he purposes, of such Municipality. XXVIII. And be it enacted, That after twenty-one years from the time of completing any such road or other work as aforesaid, it shall and may be lawful for any Municipal authority representing the inter- ests of the locality through or alone the boundary of^which any such road shall pass, or in which the work shall be situate, to purchase the stock of such Company at the current value thereof at the time of purchase, 103 IIow enforccil. Pennlty on pcri'^y, be allowtid to fall into decay and get out of repair, such Company may bo indicted at any Court of General Sessions of tho Peace itwiictment for or other Court of Superior Jurisdiction within or along the boundary of default. any District whero such road, bridge or work shall be so out of repair as aforesaid, and upon being convicted, the Court before whom such prose- cution shall be had, shall direct such Company to make the necetisary repairs, for the waat whereof such prosecution shall have been com- menced, within such time as to such Court shall seem reasonable, and (hat in aefault thereof, such Company shall be declared to be dissolved, Disaoiution for and such road, bridgeor work shall thenceforth be vested in Her Majesty, **'''""" '"'^pair Her Heirs and Successors, to and for the use of the public, in like manner as any public and cp imon highway or public work, and shall thenceforth be subject to all the iaws affecting public highways and public works, and the powers of such Corporation shall thenceforth vest m the Municipality having jurisdiction as aforesaid, which shall there- upon lake on itself t^e order and management of the said road as the said Company had tht retofore done. XXXVI. And be it enacted. That notwithstanding the privileges that Reaervation or may be conferred by this Act, the Legislature may at any time hereafter ^^ \l^^Lt^i^^ in their discretion make such additions to this Act, or such alterations of amend or alter any of its provisions as they may think proper, for affording just protec- »•>'• Act. tion to the public or to any person or persons, body corporate or politic, in respect to their estate, property or right or interest therein, or any advantage, privilege or convenience connected therewith, or in respect to any way or right of way, public or private, that may be affected by any of the powers, given to aoy such Corporation. — r i ■K' ' 1 ' s > . -t • 1 1 » ■ i i • •' *- t 1 t > < I 1 SCHEDULE Schedule. Be It remembered, that on thia day ia the year of Our Lord, one ,V^e, the , in the ■^4 of thousand eight hundred and undersigned Stockholders, met at County of . , m the Province of Canada, and resolved to form ourselves into a Company, to be called (Jiei"^ insert the Corporate name intended to be taken by the Company,) according to the provisions of a certain Act of the Parliament of this Province, intituled, An, Act Sfc, (insert the title of this Act,) for the purpose of constructing a Plank Road {or Macadam- ized or Gravelled Koad or both, ds the case may be,) from (the com- nencement of the intenied Road) to (the termination thereof,) or a Bridge, Slide, Wharf, Pier or other such work as aforesaid, describing the nature, extent and sittiation thereof) and we do hereby declare that the Capital Slock of the said Company shall be pounds, to be divided into shares, at the price or sum of five pounds each : and we, the undersigned Stockholders, do hereby agree to take and accept the number of shares set by us opposite to our respective signa- tures, and we do hereby agree to pay the calls thereon, according to the provisions of the said in paft recited Act, and of the Rules, Regulations, IOC MUNICIPAL ACTS REPEALED. Resolutions and By-laws uf the said Cooipany, to be made or passed in that behalf; and we do hereby nominate Qhe names to be here inserted) to be the first Directors of the said Company. NAME. No. or SHARES. AMOUNT. •• the day c be done with and and the fi and partt far as the provision! the Incor] in Upper- II. An( of any for several D therein, oi force: Be same, sha MUNICIPAL ACTS, &c., REPEALED. rreamble. Ttie Acts and parts of Acts mentioned in the Schedule repeal- -cd with Acts continuing them or continued by tliem. Proviso : Acts not to be revived or repealed, &c., by tlie passing of this Act, by im- plication. Proviso as to proceedings rela- tive to offences and other matters occurring before this Act shall be In force, under the Acts re- pealed. An Act to repeal the Ads in force m Upper- Canada^ relative to the Estab- lishment of Local and Municipal AuthoritieSf and other matters of a like nature. [30th May, 1849.] WHEREAS it is expedir nt to repeal the several Acts in force in Upper-Canada, relati; £ to the Incorporation of the Inhabitants of the several Districts of that j irt of this Province, and of certain other localities therein, the Electio.i and duties of Township Officers, and other matters of a like nature, to the end that better provision may be made for such purposes : Be it therefore enacted, &c.. That the several Acts of the Parliament of the late Province of Upper-Canada, and those of the Parliament of this Province set forth in the Schedule to this Act annexed marked A, and containing a description of the Acts and parts of Acts repealed by this Act, so far as the same shall be in force at the commencement of this Act, and all Acts continuing or making perma- nent any of the said Acts, or continued or made permanent by any of them, shall be, and the same are hereby repealed : Provided always, nevertheless. Firstly : That no Act or part of an Act repealed by any of the Acts hereby repealed, shall be revived by the passing of this Act, and no Act, or part of an Act, perpetuated or continued by any of the Act hereby repealed, (except such as are herein expressly repealed), shall be repealed by the passing of this Act; And provided always, Secondly : That notwithstanding the repeal of the Acts and parts of Acts hereby repealed, all acts which might have been done, and all proceedings which might have been taken or prosecuted relating to any offences or neglects which may have been committed, or to any matters which shall have happened, or to any moneys which shall have become due; or to any fines or penalties which shall have been incurred before IV. And h and effect up( our Lord, one V. And be repealed hy s tr passed in icre inserlcd) )UNT. 5ALED. }e to the Estab- pr matters of a May, 1849.] Erception. Recital All Acts nnd parts or Acts re- lating toccrinin lubjects — except those saveit in Schedule fi- re pealed. Furtlier eiccp- tion. Recital. MUNICIPAL ACTS REPEALED. 107 the day on which this Act shall come into operationi shall and may still be done or prosecuted, and the offences and omissions may b& dealt with and punished, and the moneys may be recovered and dealt with, and the fines and penalties may be imposed and applied as if the Acts, and parts of Acts, hereby repealed, continued in force, except only so far as the new Municipal Corporations to be created by and under the provisions of the Act of the present Session of Parliament to provide for the Incorporation of Townships, Counties, Villages, Towns and Cities in Upper-Canada, shall or may be substituted for the old ones. II. And in order that no doubt shall remain whether any or what part of any former Acts relating to the Incorporation of the Inhabitants ol the several Districts of that part of this Province, and of the other localities therein, or the Election and duties of Township OfRcers, continue in force : Be it enacted, That all Acts and parts of Acts relating to the same, shall be, and the same are hereby repealed, so far as such Acts or parts of Acts shall be in force at the commencement of this Act, save and exceptsuch Acts or parts of Acts as are mentioned in the Schedule to this Act annexed, marlcedB, and save and except all other Acts made expressly for other purposes, although they incidentally touch on mat- ters relating to such subjects, or although the provisions thereof are to be carried into effect by Officers elected or appointed under such Acts or parts of Acts, nevertheless, such matters and provisions last mentioned, 80 far as they are repugnant to, or inconsistent with the Act or Acts relating to such matters in force at the time, shall be, in all respects, controlled by such last mentioned Act or Acts, unless the contrary shall have been expressed in such last mentioned Act or Acts. III. And whereas certain Acts mentioned and set forth in the Schedules hereto annexed, to be hereby repealed either in the whole or in part, contain certain special provisions respecting assessments upon property in the Cities, Towns and Villages to which they respectively refer; and whereas such Acts or parts of Acts are not in the said Schedules excepted out of the repeal hereby intended under the expec- tation that a general Act will be passed during the present Session of Parliament for establishing a more just general system of assessment in Upper-Canada than that now in force therein, and it is therefore expe- dient to provide that in case such Act should not be so passed, the said provisions shall remain in force : Be it therefore enacted, That until such Act for a more just general system of assessment in Upper-Canada shall be passed, or other Legislative provision be made in that behalf, so much of the several Acts mentioned in the Schedules to this Act annexed as established provide for, or regulate the assessment or mode of assessment, or the property to be assessed in any of such Cities or the liberties thereof, or in any of such Towns or Villages, or any matter relating to the same, shall continue in force as if such Acts or parts of Acts had in the said Schedules been specially excepted from repeal ; and all such Acts and parts of Acts shall extend and apply to every such City and the liberties thereof, and to ever jr such Town and Village ' respectively, according to ^eextended or altt'dd limits thereof as estab- lished by an Act of the present Session of Farliament, intituled, An Act to provide by one general Law for the erection of Municipal Corporaiions, and the establishment of ngtdalions of Police in and for the several Coun- ties, Cities, Totons, Toxvnships and VUlages in Upper- Canada. IV. And be it enacted, That this Act shall commence and have force commencement and eflfect upon, from and after the first day of January, in the year of of this Act. our Lord, one thousand eight hundred and fifty, and not before. V. And be it enacted, That this Act may be amended, altered, or ^mended^tLc repealed by any Act to be passed in this present Session of Parliament, uiii ScHion. " .•I • • I ^1 Provisions rela- tive to assess- racnta saved. SCHEDULES TO WHfCH THIS ACT REFERS. NO, SCHEDULE A, Containing a description of the Acts and parts of Acts Repealed by this Act. FIRST DIVISION. Acts of the Parliament of the late Province of Upper- Canada. DATS AND lUBJECT or ACT. 37 Geo. 3, Cap. 10, Ferriei. S 13 Geo. 3. Cap. 10, Cattle running at large. 43 Geo. 3. Cap. 11, Aaaeaament for Member! Indemnity. An Act for the regulation of Ferriei. SO Geo. 3, Cap. 1, Ilighwayi. 30 Geo. 3, Cap. 13, Haldiraand Town Meeting:!. 52 Geo. 3. Cap. 10, H:gbwayi. 54 Geo. 3, Cap. 15, Yoric Market. 10 11 I'i 97 Geo. 3. Cap. 3, York, Amheratburgh and Sandwich. 51 Geo. 3, Cap. 4, Niagara Market. S9 G. 3, Sea. 3, Cap. 5, Niagara. 59 G. 3, Sea. 2. Cap. 11, Niagara Market. 2 G. 4, Sea. 2, Cap. 11, Cattle running at large. An Act to extend theprovliioniof an Aetpaaaed in the thirty-faurth year of His Majeoty'a Beign, intituled, " An Act to restrain (he cutioni ofper- initiin)} Horned Cattle, Horses, Sheep and Swine to run at large." An Act the more conveniently to collect thw com- The whole, pensation to the Members of the House of Aasem Dly for their attendance in their duty la Parliament and to retwal part of an Act passedMn the Parlia- ment of ihis Province, in the thirty-third year of His Majesty's Beign, intituled, "An Act to authorize and direct the laying and collecting of Asaensments and Rates within this Province, and to provide for the payment of wages to the Houte of Assembly." An Act to provide for the laying out, amending and keeping in repair, the Public Highways and Roads in this Province, and to repeal the Laws now in force for that puipose. An Act to authorize the Inhabitants of the County of Haldiniand, to bold annual meetings for the pur pose of electing Town and Parish Officers. .1 Act to amend an Act passed In the fiftieth year of His Majesty's Reign, intituled, "An Act to provide for laying out, amending and keeping in repair the Public Highways and Roads in this Province, and to repeal the Laws now in force for that purpose." An Act to empower the Commissioners of the Peace for the Home District, in their Court of General Quarter Sessions assembled, to establish and regulate a Market in and for the Town of Yoilc, in the said District. An Act to establish a Police in the Towns of York, Sandwich and Amheratburgh. So much as vests any powers in the MagistrtMa la Quanst Sesaions. The whole. Sections one to eleven, inclu- sive, and Sections thirteen to thirty four, inclusive. The whole. An Act to esUblish a Market in the Town of Nia- gara, in the Niagara District. The whole. An Act for establishing a Police in the Town of Niagara, in the District of Niagara, and for jother purposes therein mentioned. The whole. An Act to amend and repeal part of an Act passed in the llfty-seventh year of His Majesty's Reigti, intituled, " An Act to establish a Market in the Town of Niagara, in the Niagara DisUict.'* The whole An Act (o repeal in part a certain part of an Act passed in the forty-third year of His late Majesty's Reign, intituled, "An Acttoeztend the provision! of an Act passed in the thirty-fourth year of His Majesty's Reign, intituled, ' An Act to restrain the custom of permitting Horned Cattle, Horses, Sheep and Swine, to run at large,'" andfiirtber to enable the Magistrates in their rcspectiveDistricts in this Province, In General Quarter Sessions assembled, to make such rules and regulations as may restrain Swine, running at large in the respective Towns in this Province, where a Polieo ii or may hereafter be eiubliabed by Law. The whole. The whole. The whole. The whole MUNICIPAL ACTS REPEALED. 109 Act. »r KiriAL. ■U »ny power* to eleven, inclu- ectioni thirteen to , inclusive. W). 13 14 IS IS 17 18 19 20 31 23 31 3S 36 27 2S 29 30 DATB AND IVaJBCT or ACT. TITLE 3 0. 4, Sea. 3, Cap. 13, Police Moneye. 9 0.4. See. 4, Cap. 15, Perth Market. G. 4, Sea. 1, Cap. 34, Niagara Police, 4te. B Geo. 4. Cap. 14. Street Survcyora. 1 William 4. Cap. 3, Amheralhurih Wharfage Fcea. 3 William 4. Cap. 17, Brockville. 3 Wininm 4, Cap. 16, Hamillou . 3 William 4, Cap. 40, Brockville Market. 4 William 4. Cap. 12, Line Fence*, &c. 4 William 4, Cap. 33, Toronto. An Act requiring the publication of the expenditure of money* ratted under any low, eaiabliihlng a Police In any Town or Towna in tbia Province. An Act to eatabliili a Market in the Town orPerth, in the Cuuniy of Carlvion. An Act to continue and amend an Act paaaed in the (iny-ninth year of Hia late Majesty'a Reign, Intit- uled, "An Act for eatabliahlng alVolicc in thr Town of Niagara, in '.lie Diatrlct of Niagara, and for other purpoaes therein mentioned." An Act to amend the Lawa now in force for the appointment of Street Surveyora, ao far as reiatea to the leveral Town* in this Province other than thoae in which the General Quarter Seaalona of the Peace are by law holden. An Act to eaUblish & Market and to eatabllah Wharfarge Fee* in the Town of Amheratburgb, In the Weatcrn District. An Act to establiah a Police in the Town of Brock- ville, in the Diatrictof Jobnatown. An Act to deflne the limitsofthc Town of Hamilton. in the Diatrictof Gore, and to eatablisb a Police and Public Market therein. An Act toeaublish a Market in the Town of Brock- ville. An Act to regulate Line Fencea and Water Couraes, and to repeal ao much of an Act paaaed in the thirty-third year of the Reign of Hia late Majeaty King George the Third, intituled, '*An Act to provide for the nomination and appointment of Pariah andTown Ofiicera within thia Province,' ' aa reiatea to the Office of Fence Viewer*, being discharged by Overaeera of Highways andRoada. An Act to extend the limits ofthe Town of York, to erect the aald Town into a City, and to incorpor ate it under the name ofthe City of Toronto. BITINT OP BirBAL. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. \\\ The First Section.* Sections one to ninety-five. in< elusive, and alao the whole of Section ninety-aiz, except the proviao. 4 William 4, Cap. S4, Belleville. 4 William 4, Cap. S5, Cornwall. 4 William 4, Cap. 26, Port Hope. 4 William 4, Cap. 37, Prescott. 3 'Villiam 4, Cap. 6, Assessment fbr Mem- bers' Indemnity. 6 William 4, Cap. 1, Assessment Mem- bers' Indemnity. 6 William 4, Cap. 13, Brockville Market. 6 William 4, Cap. 14, Belleville. An Act to establish a Board of Police in the Town offielleville. The whole. An Act toesUhlish a Police in the Town of Corn- wall, in the Eastern District. The whole. An Act to define the limita ofthe Town of Port Hope, and to eatablish a Police therein. The whole. An Act to incorporate the Village of Prescott, and to establtsb an Elective Police therein. The whole. An Act to provide for the payment of wages to the Members ofthe Houw of Assembly who repre- sent the difi^rent Towns in this Province. . The whole. An Act to provide for the payment of wages to Members representing Cities and Incorporated Towns within the Province. The whole. An Act to establish a Market in the West Ward of the Town of Brockville. The whole. An Act to repeal an Act passed in the fourth vearof His present Majesty's Reign, intituled, " An Act to establish a Board of Police in the Town of Belleville," and to make fUrlherprovjBions for the establishment of a Police in said Town. The whole. '^1 * Error.— Tbt Act 4, Wm. 4, Cap. H, R-pealed by 8 Vig Cap. 80, Sec. 10. 110 MUNICIPAL ACTS REPEALED. HO' 31 S2 33 34 .35 38 37 38 39 40 41 42 43 44 DATE AND SUBJECT or ACT. TITLE 7 William 4. Cap. 24, An Act to authorize the erection, and provide for House of Industry. the maintenance of Houses of Industry in the several DisuicU of this Province. 7 William 4, Cap. 39, Torouto. 7 William 4, Cap. 41, Toronto Markets. 7 William 4, Cap. 42, Cobourg. 7 William 4, Cap. 44, Picton. I Vict. Cap. 17, Assessment, Mem- bers' Indemnity. I Vict. Cap. 21, Township Officers. 1 Vict. Cap. 27, Kingston. 2 Vict. Cap. 36, Kingston. 2 Vict. Cap. 37, Kingston. 2 Vict. Cap. 45, Hamilton Market. 2 Vict. Cap. 46, Niagara Market. 3 Vict. Cap. 31, London. 3 Vict. Cap. 47, Toronto. EXTENT or KBPBAL. An Act to alter and amend an Act passed in the fourth year of His Majesty's Hcign, intituled, " An Act to extend the limits of the Town of York, to erectihe said Town into a City, and to incorporate iPiinder the name of the City of Toronto.'' An Act to establish two additional Markets in the City of Toronto. An Act to establish a Police in the Town of Cobourg, and to define the limits of the said Town. An Act to incorporate the Villages of Hnllowell and Picton, by the name of the Town of Picton, and establish a Police therein. An Act to alter the mode of payment of wages to Members of the House of Assembly. An Act to alter and amend sundry Acts regulating the appointment and duties of Township Officers. An Act to incorporate the Town of Kingston, under the name of the "The Mayor and Common Council of the Town of Kingston." .\n Act to render valid the Inte Elections for Alder- men and Councilmen for the Town of Kingston. An Act to amend in Act passed in the first year of Her Majesty's Reign, intituled, " An Art to in- corporate the Town of Kingston, under (he name of the Mayor and Common Council of the Town of Kingston." An Act to establish a Second Market in the Town of Hamilton, to enable the Corporation of the said Town to effect a loan, and for otiier purposes therein mentioned. An Act to authorize the Trustees of the Market Re serve in thu Town of Niagara, to raise a sum of money for certain purposes therein mentioned. An Act to define the limits of the Town of London, in the District of London, and to establish a Board of Police therein. An Act to continue an Act passed in the seventh year of the Reign of His late Majesty, King Wil- liam the Fourth, intituled, *' An Act to alter and amend an Act passed in the fourth year of His Majesty's Reign, intituled, ' An Act to extend the linilis of (he Town of York, to erect the said town into a City, and to incorporate it under the name of the Chty of 7Won(«.' >' So much of the first Section ai vests any powers granted thereby in the Grand Juriei or the Magistrates in Quarter Sessions, or limiu the expen- diture, and the whole of tbe second Section. The whole. Tbe whole. Tbe whole. The whole. The whole. Sections one to thirty-one, in- clusive, and thirty-six to fifty-one, inclusive. The whole. Sections two, three and four. Tbe whole. The whole. Tbe whole, except so much of the second Section as reservei any privileges or advantages to certain Lessees and Ten- ants or tlieir Assigns. Tbe whole. The first Section. SECOND DIVISION. Acts of the Parliament of the Province of Canada. NO. 49 DATE AND SUBJECT or ACT. 4 & 5 Vict. Cap. Municipalities. 10, TITLE An .\ct to provide for the better internal Govern- ment of that part of this Province which formerly constituted the Province of Upper-Canada, by tlie QstablishtncDt of Local or Municipal Author- itici Uicreln. EXTENT or BEPEAL. The whole. '11 MUNICIPAL ACTS REPEALED. Ill DATE AND SUBJECT or ACT. TITLE. EXTENT OP REPEAL. D, three and four. except 80 much of Section as reservei |e«^8 or advantage! Lessees and Ten- !ir Assigoi. 46 llT or HBPEAL. 47 48 3 Vict. Cap. 7, County and Town- ship Divisions. 3 Vict. Cap. 20, Fences and Water Courses. 3 Vict. Cap. 61, Kingston. ■1 An Act for better defining the llmitsof tlie Counties The whole, except Sectionsone and Districts in Upper-Canada, for e.ecting rer-i two, five, seven, eiffht, nine, tain new Townships, for detaching Townships ' " from some Counties and attaching them (o others,' and for other purposes relative to the division of: Upper-Canada into Townships, Counties and Districts. ten, eleven, thirteen and fif- teen, together with the Sche- dules A and B. An Act to repeal «n Act therein mentioned, and to So much of the first Section as provide for the reeulntion of Line Fences and, vests the appointment of 49 3 Vict. Cap. 62, Niagara. 3 Vict. Cap. 63, St. Catherines. 50 51 S2 53 54 55 56 57 58 59 60 61 63 64 63 9 Vict. Cap. 40, Municipal Couneils. 9 Vict. Cap. 46, County and Disuict Divisions. 9 Vict. Cap. 51, Niagara and Uueen- ston. 9 Vict. Cap. 70, Toronto. 9 Vict. Cap. 71, Cobourg. 9 Vict. Cap. 72, Cornwall. 9 Vict. Cap. 73, Hamilton. 9 Vict. Cap. 75, Kingston. 10 tc 11 Vict. Cap. 30, Western District Di- vision. 10 tc 11 Vict. Cap. 41, Lock-up Houses. 10 & 11 Vict. Cap. 43, Towns and Villages. to & 11 Vict. Cap. 43, Bytown. Water Courses in Upper Canada. An Act to repeal a certain provision of the Act in- corporating the Town of Kingston, and to provide for the Assessment and collection of the District Taxes in the said Town, by an Assessor and Col- lector to be ap|X)inted by the District Council. An Act to incorporate the Town of Niagara, and to establish a Police therein. Ifhe whole. An Actio Incorporate the Town of Saint Catherines fije whole. An Act to amend the Laws relative to District Councils in Upper Canada. jThe whole. An Act to amend the Act for defining the limits of Counties and Districts in Upper Canada. Ttie whole. Fence-Viewers in the Inhabi- tant Freeholders and House- holders at their annual meet- ings. The whole. 10 & 11 Vict. Cap. 45, Dundas. 10 & 11 Vict. Cap. 40, Kingston. An Act to alter the mode of Assessment in the Towns of Niagara and t^ueenston. An Act to amend the Act of Incorporation of the City of Toronto. An Act to alter and amend the Act of Incorporation of the Town of Cobourg. An Act to amend the Act of Incorporation of the Town of Cornwall, and to establish a Town Council therein, in lieu of a Board of Police. An Act to alter and amend the Act incorporating the Town of Hamilton, and to erect the same iuto a City. An Act to incorporate the Town of Kingston ai a City. An Act to divide the Western District of the Pro vince of Canada, and for other purposes therein mentioned. An Act to establish Lock-up Houses in the unincor- porated Towns and Villages of Canada West An Act to confer limited Corporate Powers on the Towns and Villagea of Canada West, not speci- ally incorporated. An Act to define the limits of the Town of Bytown to establish a Town Council therein, and for other purposes. An Act to incorporate tbt Town of Dundas. An Act to amend the tenth Section of the Act to incorporate the Town of Kingston as a City. 10 & 1 Vict. Cap. 47, An Act to provide for an Assessment of real and Prcscott. iiersonal property in the Town of Prescott. accord- ing to the annual value on rental thereof, and for other purposes. The whole. The whole. The whole. The whoie. The whole. The whole. Sections one and two. Section* five to nine, inclusive, and Sections thirteen to twenty- one, inclusive. Sections one, two and four.* The whole. The whole. The whole. The whole. The whole. *No mention of See. 3 here, nor in the Saving Schedule, vidt page 113. Bee. 3 ia therefore in force. 112 MUNICIPAL ACTS SAVED. NO. M DATB AND nUBJBCT or ACT. 10 k. U Vtct. Cnp. 49, London. fl7 10 A II Vict. Cap. 49, Drantford. 6e 11 Virt. Cap. 12, DundnB. T I T I. K . An Act to repeal the Act of Incorporation of the Town of liondon, and to estnt)liRh a Town Coun- cil therein, in lieu ofn Hoard of Police, and for other purposes therein mentioned. An Act to incorporate the Town of Drantford. An Act to amend the Act to incorporate the Town of DiinddK. The whole. KXTBNT or RBPKAL. The whole. The whole. SCHEDULE B, Cofitaining a description of the Acts and parts of Acts saved from the operation of this Act. FIRST DI VI SIGN, Acts of the Parliament of the late Province of Upper Canada. NO. DATR ANU RUBJRCT or ACT. 37 iico. 3, Cap. 10, Ferries. 50 Geo. 3, CnP Highway!. i, TITLE. An Act for the regulation of Ferries. 4 William 4, Cap. I'i, Line Fences, tec. An Act to provide for the laying out, amendinf^ and I keeping in repair the public lligliways and Roads I in this Province, and to repeal tha Laws now in I force for that purpose. An Act to regulate Line Fences and Water Courses, and to repeal so much of an Act |)a88ed in the the tlilrty-ihird year of the reign of H is late Majes- ty King George the Third, intituled, " An Act to provide for the nomination and appointment of Parish and Town Ottkers within this province," as relates to the office of Fence-Viewers In-ing discharged by Overseers of High ways and Roads. 4 William 4, Cap. 93, An Act to extend the limits of the Town of York, to Toronto. erect the said Town into a City, and to incorpo- rate it under the name of the Cttf of Toronto. An Act to authorize the erection, and provide for the maintenance of Houses of Industry in tlie sev- eral Districts of this Province. 7 William 4, Cap. 24, Houses of Industry I Vicl. Cap. 21, Township Officers. i Vict. Cap. 36, Kingston. i Vict. Cap. 40, Niagara Market. J Vicl. Cap. Toronto. 47, An Act to alter and amend Sundry Acts regulating the ap|K)intment and duties of Township Officers. An Act to render valid the late elections for Alder- men and Councilmen for the Town of Kingston. An Act to authorize the Trustees of the Market Re- serve in the Town of Niagara to raise a sum of money for certain purposes therein mentioned. An Act to continue an Act passed in the scventli year of the reign ofllis late Majesty King William the Fsurth, Tntltulttd, "An Act to alter and amend an Act passed in the fourth year of His Majesty's Reign, intituled, ' An Act to extend the limits of the Town of York, to erect the said Town into a City, nud to incorporate it under the name of the dilv of Toronto.' " KXTBMT or SAVING. Ho much as relates to (he dutiei of persons attending or hav- ing charge of Ferries, tlie penalties to l)e incurred by ttiem, and the infliction and recovery tliereof. Sections twelve and thirty-five. The second and all the siibsp- quent Hections of the Act.* The proviso to the ninety-sixth section, and the whole of ilie ninety-seventh section. So much of the first Section an relates > .-> the powers and du- ties of Ai.-<|)ectors, and alao Sections \hree, four, Ave and six. Sections thirt'-two, thirty, three, thirty-four and thirty- five. Section one. So much of the second Section as reserves any privileges or advantageti to certain Les- sees and TenantJ, or their assigns. Section second. • F.rror.' The Act I, Wni. 4, Cap. 12, rcjienled by 8 Vic, Cap. 20, Sec. 19. NO. 10 11 IS 13 DATB 8 Vict. « PiviSK 8 Vict. « Line F 10 & m Wester 10 & in Lock-u W (By the Munic any power eonttnued i Ferries, tli yide as to Fen within this jesty, by an and Assemt bled by virt liament of t Act passed i Act for mak vince of Qui the Governn same, That lawful for If Districts of t and they are mai(e and or part of them lowed at sue same, or hav such rates at Ferries shall cattlkni'arria reejulations, every such FERRIEd. lU r RIPCAL. m of this Act. or BAVINO. jlntei to the dutiei illPiidinRor liav- of Ferrlci, the ) 1)6 incurred liy [he infliction ati CAP. 1. An Act to provide for the laying out, amending and keeping in repair, the Public Highways and Roads in this Province, and to repeal the Laws now in force for that purvose. [Passed 12th March, 1810.] (Repealed, excepting th« two following Sections.) XII. And be it further enacted by the authority aforesaid, That all allowances fm roads made '^y the Kins's Surveyors in any Town, Township or place already laid out, or which shall be made in any Town, Township or place within this Province ; and also all roads laid out by virtue of any Act of the Parliament of this Province, or any roads whereon the public money hath been expended for opening said roads throughout this Province, or whereon the Statute Labour hath been usually performed, or any roads passing through the Indian Lands, shall be deemed common and public highways, unless any such roads have been already altered according to laxy, or until such road or roads shall be altered according to the provisions of this Act. XXXV. And be it further enacted by the authority aforesaid, That when any highway or road shall be altered, amended or laid out, under the provisions of this Act, that the soil and freehold of such highway or road, shall be thereby vested in His Majesty, His Heirs and Successors. HOUSES OF INDUSTRY. UPrER CANADA ACT, 7 WM. IV., CAP. 24. An Act to authorise the erection, and provide for the maintenance ofHouset qf Industry in the several Districts of this Province, [Passed 4th March, 1837.] [3o much of the first teeilon as vests any powers granted thereby in the Grand Juries, or the Mnaistratcs in Quarter Sessions, or limits the expenditure, and the whole of the second spclion arc repealed.— TWe Municipal (Corporations Act, 12 Vic, Cap. 81, Sec. ■11. tixlhly ; and also same act. Sec. VXI^firttly.] WHEREAS it is expedient and necessary to provide a I[j^?e of Industry in the several Districts of this Province, and to provide employment for the indigent and idle : Be it therefore enacted, &c., That >#■ *^' HOUSES OF INDUSTRY. the Court of General Quarter Sessions of the Peace, to be holden in each District, after the presentment of three successi\e Grand Juries recom- mending the same, it shall be the duly of the Justices of the said Dis- trict to procure plans and estimates for the erection of suitable buildings for the reception and employment of the poor and indigent, and of the idle and dissolute, and to procure or purchase a suitable site whereon to erect the same, and to contract for the erection thereof : Provided, the expense thereof shall not exceed the sum of one thousand pounds ; and also to appoint five Inspectors, who shall have the inspection and j»overnment of the said House, with full power to appoint a Master, Mistress, and such needful assistance for the immediate care and over- sight of the persons receired into or employed in that House ; which Inspectors, once every month, and at such other times as occasion may require, shall meet for the purpose of determining the best method of discharging the duties of their ofRce, and at such meetings shall hare full pcrwer to make such needful orders and regulations for the govern- ment of the said House, and to alter the same from time to time as they may think expedient, and all such by-laws for the ordering and regula- ting the said House, and the affairs thereof, as may be necessary, the same not being repugnant to the laws of the land. II. iRepealed.] III. And be it further enacted by the authority aforesaid, That any two of His Majesty's Justices of the Peace^ or of the Inspectors appointed, as aforesaid, are hereby authorised, empowered and directed, to commit to such House, by writing under their hands and seals, to be employed and governed according to the rules, regulations and orders, of said House, any person or persons residing in the District that are by this Act declared liable to be sent thither. IV. And be it farther enacted by the authority aforesaid, That the per- son who shall be liable to be sent into, employed and governed, in the said House, to be erected in pursuance of this Act, are all poor and indigent persons, who ?.re incapable of supporting themselves ; all persons able of body to work and without any means of maintaining themselves, who refuse or neglect so to do ; all persons living a lewd, dissolute, vagrant life, or exercising no ordinary calling, or lawful business sufficient to gain or procure an honest living ; all such as spend their time and pro- perty in public houses, to the neglect of their lawful calling. V. And be it further enacted by the authority aforesaid. That all Inspectors appointed in pursuance of this Act, shall keep an account of the charges of erecting, keeping, upholding and mamtaining such House, together with an account of all materials found and furnished, together with the names of the persons received into such House, as well as of those discharged therefrom, and also of the earnings ; one copy of which shall be presented to the Justices of the Peace of each District once in every year, or oftener when required by such Justices in General Quarter Sessions assembled, and one copy to each Branch of the Legislature. VI. And be it further enacted by the authority aforesaid. That all and every person committed to such House, if fit and able, shall be kept diligently employed in labour during his or her continuance there ; and in case the person so committed or continued shall be idle, and not per- form such reasonable task or labour as shall be assigned, or shall be stubborn, disobedient or disorderly, he, she or they, shall be punished according to the rules and regulations made or to be made for ruling, governing and punishing, persons there committed. 115 Aficr the pre- senttiient of three successive Orand Juries, Justices in Quarter Sessions to procure plans, purchase site, .nnd erect a House of In- dustry ; Not to cost more than one thou- sand pounds. Justices of the Peace may co" mit persons tn the House of Industry. Who may be sent into Houses of Industry. Inspectors to keep accounts. Pcr«onssciit to House of Indus- try ID he diligent- ly employed in labour. Pound keepers to provide ihein- Relvea wiiti en- closures, and to iinp»ui)it nil ani- mals unlawfully runniM Ix* unitorstoMd whorrver ilie iinincuI'Vork orciirR in any Act or I'nrliaiucnt, ilccd, Slc. Governor mny chanRe the name of finy place hrr<>to,-^-\.-\,*\. ■».'V>^-v-v -^^ v^^ ■v.•^.'^.■^ W-X'N.-v^'N'^.'v-'s.-v.'^ -^'>^ VPPER CANADA ACT, 3 VIC. CAP. '7. Executive Coun- cillors to have Jurisdiction as Justices of (he Pe.)ce in the City of Toronto. An Act to continue an Act passed in the seventh year of the reign of His late Majesty King William the Fourth, intituled, " An Act to alter and amend an Act passed in the fourth year of His Majesty^s reign, intittjdcd, * An Act to extend the Limits of the Town of York, to erect the said Town into a City, and to Incorporate it under the name of the City of Toronto.' " [Passed 10th February, 1840.] tL Repealed.] U. And be it further enacted by the authority aforesaid, That Her Majesty's Executive Councillors in and for this Province, being Justices of the Peace in and for the Home District, shall and may exercise juris- diction over offences committed within the said City of Toronto as such Justices, any thing in the said Act, intituled, " An Act to extend the limits of the Town of York, to erect the said Town into a City, and to incorporate it under the name of the City of Toronto,^' to the contrary thereof notwithstanding. [Sec 7, \Vi.i. 4, Cap, 39 ; 4, Will. 4, Cap. 23.] An Act to A NIAGARA MARKET. UPPER CANADA ACT, 2 VIC, CAP. 46, An Act to authorise the Trustees of the Market Reserve in the Town of Niagara, to raise a sum of money for certain purposes therein mentioned. [rn«Bod 11th May, 1839.] IBcpi-nleil, with the rxcpption of lo much of thi* uprorul ■ection n* rcicrvcs any |>rivllcgcs or advantage! to certain Leiaecs and Ti'iianta, or their AsHigni.] IF. And be it further enacted fey the authority aforesaid, That it shall Market rcucrva- and may be lawful for the said Robert Dickson, John Claus, and Lewis iJ.o^tgn^'Mi'lo Clement, and their successors in office of the trust, and they are hereby wrurctheinoiii;y authorised and empowered to mortgage or place in security the said lots {h","]^';'* ""*"' number sixty-five and sixty-sijc, to any person willing to lend the said sum of fifteen hundred pounds, on sucn terms as rnay be mutually agreed upon, for the purpose of securing the re-payment thereof with interest, snch interest not to exceed six per centum per annum ; saving and excepting nevertheless, to sM and every lessee, tenant, or their assignees, now entitled to the occupation or interest of or in any lot heretofore leased, all those privileges and advantages vested in them, or which they or their assignees may be entitled to under and by virtue of any original lease heretofore at any time granted. MILITIA COMMUTATION MONEY. ACT i ^ 5 VIC, CAP. 2. w An Act to Amend the Militia Laws of that part of this Province formerly constituting the Province of Upper Canada, [Passed 17th August, 1841.] [Revived by 13 Vic. Cap. 88.] HEREAS great inconvenience has been experienced in collecting fines from Aliens ; And whereas apprehension exists among a numerous and deserving class of Her Majesty's Subjects in this Province, having certain conscientious scruples, that they are subject to excessive fines : Be it therefore enacted, &c.. That the fifty second and fifty third sections of the Act of the Legislature of the late Province of Upper Canada, passed in the second year of Her Majesty's Reign, chapter nine, and intituled An Act torepetd, alter and am£nd the Militia Laws of this Province, be and the same are hereby repealed. IL And be it enacted, that the persons called Quakers, Mennonists, or Tunkers, shall not be compelled to serve in the Militia within that por- tion of this Province, which formerly constituted the Province of Upper Canada ; but every person who shall profess to be one of the people called Quakers, Mennonists, or Tunkers, and shall if required produce a certificate thereof, signed by the Clerk, Pastor, Minister or Elder of the Meeting or Society to which he shall belong, shall be excused and Preamble, The sand and . 53rd sectiona of the Provincial Act of Upper Canada, 2d Vic, c.U, repealed. Quaker8,Menon- nists and Tunk- ers not to be liable to serve in the Militi.i in that part of the Province for- merly called Upper Canada, 120 MILITIA COMMUTATION. Diit 8uch persona ■hall p.iy a ccr- tnlii niiniial liiiin of money in lieu urHO Bcrving. The sum to be •o paiii. AnatBiOra lo filter the mbmicb of nil such p»>r- HOns on the Aa- Kei8tnent rolli), and ihcsuni en(*h pergon is lialilu to pay. Collection of ■uch luina. Application of Nuch suina. Piity ofPftth Masters apply- ing such sums ; And in account- ing for ihc same. I'ennliy on Path Masters tieglcct- ini; to to ac- count. Prosecution |)ending apainst Quakers, Meno- nints, or Tunk- ors, for pennhiea imposed by the Act first cited, to be discoiitiitued. cxemptod from serving in the said Militia, in the said portion of this Province : Provided neverlheleas, that every such person^ from the age of sixteen to sixty, so claiming to be excused or exempted, shall on or before the first day of February, in each and every year after the pass- ing of this Act, give in his name and place of residence to the Assessor or Assessors of the Town, Township or Place where he shall reside, and shall pay in each and every year in time of peace, the sum often shil- lings, and in time of victual invasion or insurrection, or when any of the Militia of the District in which such person shall reside shall be called out on actual service, the sum of five pounds ; which commutation money shall be in lieu and discharge of such Militia service, and shall be applied as hereinafter provided. III. And be it enacted, that it shall be the duty of the Assessor or Assessors in each Township within the said portion of this Province, and they are hereby required to annex a column to each and every Assessment roll of each and every Town, Township or Place in his or their respective District, and therein to insert the names of every such Quaker, Mennonist or Tunker, and also affix the sum of money so to be paid opposite thereunto, which sums of money it shall be the duty of each and every Collector in each and every Town, Township or Place within this Province, to collect, in the same manner as he is authorized by Law to collect any ordinary Assessment ; and such Collector shall pay the same into the hands of the Town Clerk, to be expended within the Township where the same shall have been levied, in aid of any road tax or Assessment raised or levied therein. And the Assessor or Assessors shall transmit a list of the names of all such Quakers, Menon- nists or Tunkers by him or them inserted in the Assessment roll, to the Colonel of Militia foi the division in wtiich such persons shall respec- tively reside, within thirty days after such Assessment Roll shall have been completed. IV. And be it enacted, that it shall be lawful to and for the said Town Clerk of such Town, Township or Place, and he is hereby required to pay out the said monies from time to time, ♦/ the order of the Road or Path Master of the division wherein such fine shall have been levied, and to he expended on the public Roads, Highways and Bridges within such division. V. And be it enacted, that it shall be the duty of the Path Masters in every Township or Place, and they are hereby required to apply such sum or sums of money from time to time, to the improvement of the Highways, Roads and Bridges, wilhin such Township or Place; after the manner and form, and upon such place or places, as they shall be according to law directed, and to render an account thereof upon oath or affirmation, as the case may be, to the Clerk of such Town, Township or Place, whose duty it shall be to report the same to the Magistrates in General Quarter Sessions assembled ; and if any such Path Master, or Town Clerk, shall fail to render such account, or to pay over and distri- bute such monies as may come into his hands as aforesaid, he shall for such default be subject to a penalty of ten pounds currency, to be recovered with costs by summary process before any one or more Justi- ces of the peace, for the division or district in which such Town, Town- ship or Place may lie. • • . VI. And be it enacted, that all proceedings in any suit, action or prosecution, which before the passing of this Act, may, under the pro- visions of the Provincial Act herein first above cited, have been com- menced against any such Quaker, iVennonist or Tunker, as aforesaid, for the recovery of any penally imposed by the said Actj shall cease and be discontinued from and after the passing of this Act. LINE FENCES AND WATER COURSES. ACT 8 VlC.y CAP. 20. An Act to repeal an Act therein mentioned, and to provide for the regrdation of Line Fences and Water Courses in Upper Canada. [Passed 17th March, 1845.] [So much of the first section repealed aa vests the apiioiiuniont of Fence Viewers in the inhabitant freeholders nnd householders, nt (heir nniiuni meetings. — Fid* Municipal Corporations Act, 13 Vic, Cap. 81, Kec. 31,>/(A/y.] WHEREAS it is expedient to repeal the Act hereinafter mentioned, and to make better provision for the regulation of Line Fences and Water Courses in Upper Canada: Be it therefore enacted, &c., That it ghall and may be lawful for the inhabitant freeholders and householders of each and every Township in that partof this Province formerly Upper Canada, at their annual Township Meeting for the election of Township Officers, to choose from among the inhabitants of the said Township, in the same manner as by law other Township Officers are chosen, not less than three nor more than twelve fit and proper persons to serve the office of Fence Viewers, who shall perform the duties hereinafter pre- scribed to Fence Viewers, which Fence Viewers are hereby declared to be Township Offi'iers within the meaning of the Act of Upper Canada passed in the first ysar of H«r Majesty's Reign, and intituled. An Act to dter and amend sundry Acts regvialing the appointment and duties of Township Officers, and shall accordingly make the like declaration, and shall be liable to all the penalties by the said Act imposed for neglect or refusal to perform their duties, and shall be bound by all the provisions thereof applicable to Township Officers generally. II, And be it enacted. That each of the parties occupying adjoining tracts of land, shall keep up, make and repair, a fair and just proportion of the Division or Line Fence between their several tiacts of land, which Line Fence shall be made on the line dividing such tracts of land, and equally on either side thereof: and that where there shall be a dispute between the parties as to the commencement or extent of the part of the said Division or Line Fence which either party may claim or refuse to make or repair, it shall and may be lawful for either party to submit the same to the determination and award of three Fence Viewers, which Fence Viewers are hereby authorized and required, upon being duly notified by either party in such case, to attend at the time and place slated in such notice, and after being satisfied that the other party or parties in the case have been duly notified to appear at the same lime and place, to proceed to examine the premises ; and such Fence Viewers or any two of them shall determine any and every dispute in the matter aforesaid between the said parties : And the award and determination of such Fence Viewers or any two of them on the matters aforesaid, shall be binding on the parties as far as concerns the making or repairing of such Division or Line Fence, and from thenceforth the occupier or occupiers of the said tracts or parcels of land shall respectively make and repair and keep in repair that part of such Division or Line Fence which shall have been assigned in such award or determination to the occupier or occupiers of such tract or parcel of lanc^, which determina- tion and award shall be made in writing and signed by such Fence Viewers or a majority of them and filed with the Town Clerk, and a copy of the same if so required given to each of the said parties : Pro- vided always, that when by reason of any material change of circum- stances in respect to the i:nproTementand occupation of adjacent lots or Preamble. Fence Viewers 10 be chosen at Township Meci- irigs, nnd to be 'I'owiiMhip 0(fl- cets wldiin the incaiiing of 1 Vict. cap. 4. Fence Viewers shall l.nve (low- cr, on the appli- cation of parties being tieit'h- bourg, to assign to each the share of the Line Fence hp is bound to keep ur i Award how to be made and enforced. Proviso, in cer- tain cases', a new award may b« obtained. 122 LINE FENCES AND WATER COURSES. If either party refuiie to innke hJH Hhiirc of a Line Fence, the other parly may inal which to the ich is improved ands adjoining irson or persons )r the same as rly for at least Fence running ill be made in and in case in the share to lay be had, as 3€s in this Act I or occupied by ipon or divided itself is not a e same may be 1 ; and if in the or creekj is not to fence at the jron which side ether partly on just, and reduce ther cases ; and or maintain the to the Fence may be done cases, and the charges, and to lening of Wafer at in all cases pen a Ditch ot r from swamps le the owners or or improve the n a just and fair le several inter- cases where a , or extent thai may be referred as is heretofore I relative to Line or Division Fences ; and it shall be the duty of such Fence Viewers to whom such matters shall be referred, to divide or apportion such Ditch or Water Course among the several parties, in such way as in the opinion of such Fence Viewers shall be a just and equitable proportion having due regard to the interest eacli of the parties shall have in the opening of such Ditch or Water Course ; and the Fence Viewers at the same time decide what length of time shall be allowed to each of the said parties to open his share of such Ditch or Water Course; and the determination or award of such Fence ViewPi • shall be made in the same manner, and have the same effect in regard 10 Ditches or Water Courses as is provided by this Act in regard to Division or Line Fences. XIII. And be it enacted, That when it shall appear to such Fence Viewers that the ow ;er or occupier of any tract or parcel of land is not sufficiently interested in the opening of such Ditch or Water Course to make him a party, and at the .«ame time that it is necessary that such Ditch should be continued across his land by the other party or parties at his or their own expense, they may award the same in manner and form aforesaid ; and upon such award, such party or parties may lawfully open such Ditcher Water Course across such land as aforesaid at his or their own expense, without being deemed to have committed a trespass by so doing. XIV. And be it enacted, That if any party 'shall neglect or refuse upon demand made in writing as aforesaid, to open or make and keep open his share or proportion alktted or awarded to him by such Fence Viewers as aforesaid, within the time allowed by such Fence Viewers, either of the other parties may, after first completing his own share or pro- porlion allotted to him in manner aforesaid, open the share or proportion allotted to such party neglecting or refusing to open the same, and such party so opening such other party's share shall be entitled to recover not more than the sum of two shillings per rod from the party so neglecting or refusing to open* his share or proportion, in the same manner as is in this Act provided relative to Line and Division Fences. XV. And be it enacted, That any party who may be in possession of any part of an allowance for road laid out as such in the rear of his lot, in the original survey of any Township in Upper Canada, the same being enclosed by a lawful Fence, and which road, fiom particular circum- rmces, may not be travelled or required to be used by the public for llie time being, by reason of any other road or roads, buing used in lieu thereof, or because the same has not been open for public travel, shall be deemed and taken to be legally possessed of that part of such road as against any other private party : Provided always, that in any such case the said possession shall cease and determine, upon an order from any two Justices of the Peace for the District in which "uch allowance for road may be sitnnte, being made and directed to the proper Township Officer requiring him to open the same. XVI. And be it enacted, That the following fees, and no more, shall be received by the different parties acting uiuler the provisions of this Act, that is to say : To the Justice of the Peace : For Summons to Fence Viewers, one shilling and three pence. For Subpu3na, which may contain three names, one shilling and three pence. For transmitting copy of Fence Viewers' determination to Division Court and to Township Clerk, one shilling and three pence. Provision as to a Water Course crossing ihe land ofia party not otherwise interested. Provision in case any party shall refuse to make his share of a Water Course. A party may take lawt'iil poa- sessioii ot° the allowance for road ill rear of his lot, in cer- tain cases and on certain con- ditions. Proviso. Fees for servicci under this Act. . I-! ■t 126 IJNE FENCES AND WATER COURSES. Feci nctunlly paid to be in- cluded in the execution. Jr.terpreUition clause. ActofU. C. 4 Willinm IV. c. 13, repealed. Proviso. To the Fence llcwers : Five shillings per clay each ; if less than half a day employed, two shillings and si.v pence. To the Bailiff or Constable employed: For serving Summons or Subpccna, one shilling. Mileage — per mile, four pence. To Witnesses — per day each, two shillings and six pence. XVII. And be it enacted, That the fees hereinbefore allowed shall be included in the execution to be issued by the Clerk of the Division Court as aforesaid, upon the party in whose favour the determination of the Fence Viewers shall be made, making an affidavit that the same have been duly paid and disbursed to the said parties respectively, (and which affidavit the said Clerk is hereby empowered to administer), and when recovered shall be paid over by the said Clerk to the said party entitled to recover the same. XVIII. And be it enacted, That the words "Upper Canada" wherever they occur in this Act shall mean all that part of this Province which formerly constituted the Province of Upper Canada ; that the word ** party" in this Act shall include any person or persons, body or bodies politic or corporate ; and that all words imporiing the singular number or the masculine gender only, shall include several persons, matters or things of the same kind as well as one person, matter or thing, and females as well as males, unless there be something in the subject or context inconsistent with such interpretation. XIX. And be it enacted, That the Act of the Legislature of Upper Canada, passed in the fourth year of the Reign of His late Majesty King William the Fourth,* and intituled, An Act to regulate Line Ftnces and Water Covrses, and to repeal so much cf an Act passed in the thirty-third year of His late Majesty King George the Third, intituledf " An Act to provide for the nominationandappointment of Parish andToum Officers wilhin this Province," as relates to the office of Fence Viewers being discharged by Overseers of Highways and Roads, shall be and the said Act is hereby repealed upon, from and after the first day of April next: Pro- vided always, that the repeal of the said Act shall not be construed to revive any Act or part of an Act thereby repealed. Local or Mu Districts in be lawful fo By-Laws fo time at whic and for imp owners to k( thereon, and ihe owner, i vided alway owners of D( any one yeai theless, that to any incorp that every F; farm use, wii TAX ON DOGS. Prcnmblc. 4 nnJ 5 Vict, rnp. 10. ACT 8 VIC, CAP. 57. An Act to empower the District Councils of Municipal Districts, and Boards of Police of Incorporated Towns in Upper Canada, to impose a Tax on Dogs, within their respective Districts and Towns. [Passed 29(h March, 1845.] WHEREAS it is expedient to empower the District Councils and Boards of Police in Upper Canada to impose a Tax on Dogs, and to make By-laws respecting the keeping of Dogs, and for preventing their running at large : Be it therefore enacted, &c., That in addition to the purposes for which, by the thirty-ninth section of the Act passed in the fourth and fifth years of Her Majesty's Reign, and intituled, An Ad to provide for the better internal government of that part of this Province which formerly constituted the Province of Upper Canada, by the establishment of VI. And be be deemed an» which a Tax i any Township or lodging houi or lodging hou such Dog, and mitfed by such si'ipj shall b< ownership, anc attended or foil all the purpose such owner for committed by VII. And be amended, by ai touring the pres TAX ON DOGS. 127 Drstrict Councils ill U.C. empow- ered lomnlte By- laws reHpectini; dogs runnini; at large,— to lax the owners, Ice. Local or Municipal authorities therein, the District Councils of the several Districts in Upper Canada are etnpoweretl to make By-Laws, it shall be lawful for each of the said District Councils, respectively, to make By-Laws for the followinnr purpose, that is to say, — For regulating the time at which Dogs shall rre permitted to run at large within the District, and for imposing a Tax upon the owners of Dogs, and for obliging the owners to keep collars on their Dogs, with the name of such owner thereon, and for the destruction of Dogs not claimed by any person as the owner, and running at large contrary to any suoa By-Laws : Pro- vided always, that no Tax to be imposed by any District Council on the owners of Dogs shall, in any case, exceed the sum of five shillings in any one year, for each Dog over six months old : Provided also, never- theless, that such By-Laws shall not extend or be construed to extend to any incorporated City or own in Upper Canada: And provided also, Exceptions, that every Farmer in any District shall be entitled to keep one Dog for farm use, without paying any Tax for such Dog under this Act. IL And be it enacted, That except so far as it is otherwise provided by this Act, such By-Laws shall be in all respects subject to the provi- sions of the Act first above cited, with regard to the By-Laws which any District Council is thereby empowered to make. IIL And be it enacted, That the monies coming into the hands of any District Treasurer, and arising from any Tax or penalty imposed by any such By-Law as aforesaid, shall form part of the District Funds, and shall be subject to the same provisions as any other monies forming part of the said funds. IV. And be it enacted. That it shall and maybe lawful for any Board of Police within any Town by law entitled to the same, to make such By-Laws, Ordinances and Regulations, for the like purposes, within the said Towns, as they shall see fit : Provided always, that it shall not be lawful for any such District Council or Board of Police to order the destruction of a;iyDogs running at large within the limits of the said Town, unless a Proclamation, signed by the Warden and Chairman of such District Council, or by tne President of such Board of Police, shall have been published at least two days before such order. V. And be it enacted. That all sum or sums of money levied within any such incorporated Town, under the provisions of this Act, shall be applied for the general purposes of the said Town, in such manner as shall be directed, from time to time, by the Board of Police within the same. VL And be it enacted, That for all the purposes of this Act, it shall whutsimii be be deemed and held sufficient proof of the ownership in any Dog upon deemed proof of which a Tax may be levied, if the said Dog is known to the Assessor of °^J|^"'"P° * any Township or Incorporated Town aforesaid, to frequent any dwellinc or lodging house as a home, and the owner or occupier of such dwelling or lodging house shall be held liable for the payment of the Tax on any such Dog, and in any action or suit for alleged injury or damage com- mitted by such Dog, the return of the Assessor designating such owner- ship, shall be deemed and heM to be prima facie evidence of such ownership, and further, that any person being generally or frequently attended or followed by any Dog, shall be deemed and considered, for all the purposes of this Act, as prima facie owner thereof, and liable as such owner for the payment of such Tax, or for all injuries or damages committed by such Dog. VIL And be it enacted, That this Act may be repealed, altered or amended, by any Act of the Parliament of this Province to be passed (luring the present Session. Such By-laws subject t) provl- sionH of 4 & 5 Vict. cap. 10. Monies accruing therefrom to be- come District funds. Boards of Polico may mako ordi- nances for like purposes ; and destroy dogs after Proclaiua- tion. Monies levied In towns under tliis Act to be applied to gene- ral purposes of town. Act inny be altered. ALLOWANCES FOR ROADS. ACT 9 VIC, CAP. 8. Preamble. .No Government allowance for roads to be opened unless by an order or the District Cuuncil. Proviso. An Act to prevent the opening of Government Allowances for Roads without an order from the District Council of the District in which the said Allowances are situate. [Passed 18lh May, 1846.] WHEREAS in consequence of roads established by Law, parallel or near to Government allowances for roads and in lieu thereof, the said allowances for roads have for years remained closed and in the possession of private persons; And whereas great inconveniences may arise in consequence of the said allowances being thrown open without due notice thereof being given : Be it therefore enacted, &c. That from and after the passing of this Act no allowance for road shall be opened unless an Order ordering the same to be opened shall be first made by the District Council of the District in which the allowance is situated : Provided always, that no such Order shall be made unless a notice in writing that an application for that purpose will be made shall have been given to the party in possession of such allowance for road, at least eight days previous to the meeting of the District Council at which such application is intended to be made. WESTERN DISTRICT ACT 10 & 11 VIC, CAP. 39. The District Councillors lor the said County of Kent to pro- cure plans for a Court tiouse and Gaol. Where the said (juoI and Court House Hlmli be erected. An Act to divide the Western District of the Province of Canada, and for other purposes therein mentioned. [Passed 9th July, 1847.] [Repealed with the exception of the following Sections.] III. And be it enacted. That the District Councillors for the Town- ships in the said County of Kent, shall and they are hereby authorized, at a Public meeting to be by them holden for that purpose, at some con- venient place, within the said Town of Chatham, so soon after the passing of this Act as may be convenient, (a notice sign jd by a majority of the said Councillors calling such meeting and fixing upon the time ajid place thereof having been served at least ten days before that fixed Tor the meeting, on each of the Councillors entitled to attend the same,) to procure by such means as to the said Councillors, or the major part of them present at such meeting, or at any adjourned meeting of the said Councillors, shall seem fitting and proper, plans and elevations of a Gaol and Court House, to bo laid before tnem for the purpose of there- after selecting and determining upon one by the Councillors then and there assembled as aforesaid. IV. Provided always, arid be it enacted, That such Gaol and Court House for the said District of Kent shall be erected on the ground reserved as a site for a Gaol and Court House in the said Town of | Chatham, which ground and the said Court House and Gaol shall be from atid after the Proclamation aforesaid, vested in the District Council of the said District of Kent, until Mfhich time the «ame ehall be ADS. S for Roads i in which the ^ay, 1846.1 Law, parallel n lieu thereof, sed and in the eniences may open without LC. That from voad shall be shall be first 3 allowance is made unless a be made shall 'ance for road, rict Council at CT LOCK-UP HOUSES. and are hereby vested in the Building Committee hereinafter men- tioned. X. And be it enacted, That it shall and may be lawful for the Coun- cillors for the Townships in the said County of Kent, so assembled as aforesaid, and they are hereby empowered by an order of such meeting, to authorize and direct the Treasurer so to be appointed as aforesaid, to raise by loan, from such person or persons, bodies corporate or politic, as rnay be willing to lend the same on the credit of the rates and assess- ments to be raised, levied and collected in the said intended District, a sum not exceeding three thousand pounds, to be applied in defraying the expense of building the said Court House and Gaol. XI. Provided always, and be it enacted, That the money so borrowed under the authority of this Act shall not be at a higher rate of interest than six per centum per annum ; and the Treasurer for the said intended District for the time being, shall annually, until the loan so raised, with the interest accruing thereon, shall be paid and discharged> apply towards the payment of the same a sum not less than one hundred pounds, together with the lawful interest upon the whole sum which may from time to time remain due, from and out of the "rates and assessments so coming into his hands, for the use of the said intended District. XI [. And be it enacted, That no Treasurer hereafter to be appointed, either by the said meeting, or by the Councillors of the said intended District, shall be entitled or authorized to receive any poundage or per centage upon any sum or sums of money which shall or may be loaned under the authority of this Act, or which may come into his hands, or for paying out any sum or sums of money, in discharging and liquidating such loan with the interest thereon as aforesaid. 129 The said Coun- cillors may authorize a loan to be raised by the Treasurer of the Ui.'lUing Committee. Amount to be borrowed. No more than legnl interest to be paid. Interest and capital how to be paid. No Treasurer to receive any per centage on monies coming into his hands under this Act. 19. '^mada^ and for LOCK-UPHOUSES. July, 1847.1 t»d for the Town- eby authorized, 3, at some con- soon after the 3d by a majority upon the time )efore that fixed to attend the ors, or the maior d meeting of tne nd elevations of jurpose of there- illors then and Gaol and Court on the ground I said Town of \ Gaol shall be in the District leaamo shall be ACT 10 Sf 11 VIC, CAP. 41. An Act to establish Lock-up- Houses in the unincorporated Toions and Villages of Canada West. [28ih July, 1847.] [Repealed, except the following Clauses.*] III. And be it enacted, That it shall be lawful for each such Dis- trict Council to establish a Lock-up-House in any such Town or Village containing- not less than one hundred adult inhabitants, and not being distant less than ten miles from the District Town : And that the said Lock-up-Houses shall be severally placed in the charge and keeping of a Constable, to be specially appointed for that purpose by the Magis- trates of the District in which such Town or Village may be situatetl, at any General Quarter Sessions of the Peace for the said District ; and such Constable shall be resident in such Town or Villaga and be one of the Constables of the Township in which such Town or Village may be situated, and the said Justices in Quarter Sessions may allow such salary or fees as they may think proper to such Constable. * Section 3 is not mentioned in the repealing Schedule of the Act 12 Vic, Cap. 80 ; nor is it mentioned in the saving Schedule. We take It, therefore, that the clause is nill in force. District Councils to establish Lock-up Honsea and the Magis- trates in Q. 8. to appoint Keep- ers and fix their fees or salaries. 130 Justices of the Peace residiiie in or near the Town or Villngc, may commit |)er8on8 charged with certain, crimes to tlic Loc''.-up House. * Sie. Expense of con- veying prisoiiers to Lock- up Houses hew defrayed. Addingtonv Carleton. Dundai. Durham. Enex. COUNTY DIVISIONS ACT, U. C. V. And be it enacted, That it shall be lawful for any Justice of the Peace, residing at or near any Town or Village whereaLock-up-Hoiise may have been established, or nearer to the same ihan to the D-strict Town, to authorize by wrhten order to* confinement or detention thereia of any person or persons who may be charged on oath with having com- mitted any criminal offence, and whom it may be lawful and necessary to detain until such person may be examined and fully committed for trial to the Common Jail, or dismissed as the case may be, so as such confinement or detention shall not exceed the period of two days : And also, all persons found in the streets or high ays in a state of intoxica- tion, and all persons who may have been convicted of unlawfully dese- crating the Sabbath, and generally all persons convicted, on view of such Justice of the Peace, or on the oath of one or more credible witnesses, of any offence cognizable by the law of that part of this Province, formerly Upper Canada, so as such detention or confinement in any of the last mentioned cases shall not exceed the period of twenty-four hours: And Jo authorize the detention therein of any person committed to the Com- mon Jail, until such person can be conveyed to such Jail. VI. And be it enacted. That the expense of conveying any prisoner to, and detaining and keeping him or her in any such Lock-up-Honse, shall be defrayed in the same manner as the expense of conveying such prisoner to and keep' g him or her in the Common Jail at the District would by law be. COUNTY DIVISIONS ACT,U.O. 8 VIC, CAP. 7. An Act for better defining the limits of the Counties and Districts tn Upper Canada, for erecting certain new Townships, for detaching Townships jrom some Counties and attaching them to othets, and for ether purposes I'etative to the division of Upper Canada into Township*, Counties and Districts. [It is unnecessary to publish here, the whole of the unrepealed parts of thin Act, but the following Schedule, will be useful for reference in connection with the Acts 12 Vic, caps. 'iS, 79, and 06, on pages 80 to 04, inclusive, of this Manual.] [Passed 10th February, 1845.] SCHEDULE B. C0UNTIB5 AND RIDINGS. Addington, — (Which for the purpose of representation in the Legislative Assembly shall be united as it now is with the County of Lennox,) shall include and consist of ihe Townships of Amherst Island,Camden, Erneslown, Kaladar, Sheffield and Anglesea. Carleton, — Which shall include and consist of the Townships of Fitzroy, Goulbourn, that part of North Gower on the north side of the Rideau Biver, Gloucester, Huntley, March, Marlborough, Nepean, Osgoode and Torbolton, and, except for the purposes of reprf sentation in the Legislative Assembly, the Town of Bytown. [See 9 Vic. Cap. 46.] Dundas, — Which shall include and consist of the Townships of Mountain, Malilda, Winchester, and Williamsburgh. Durham, — Which shall include and consist of the Townships of Clarke, Cavan, Cartwright, Darlington, Hope and Manvers. Essex, — Which shall include and consist of the Townships of Anderdon, Colchester, GosAeld, Maidstone, Mersea, Maiden, Rochester, and Sandwich. Frotitenai Barrie, Cl< Olden, Os( Palmerston, representati( Glengan t burgh, Kenj the said Tov Grenville, Eiiwardsbur lying on the form part of Haldimani borough, Cai sentation in i Townships o Hallon, — ) Esquesing, £ Trafalgar, an Assembly, thi ibe Legjslatii Hastings,— Grimsihorpe, Sydney, Tud< Huron, — W Biddulph, Bl East hope, Fi McGillivray, A'enf,— Whi Brook, Camd( Howard, Har Sombra, East Lanark, — ( Assembly, sha include and < Dalhousie, Da Jlamsay, Nort Leeds, — Wh Burgess, Nortt down, Leeds, ' in the Legislat Lennox, — ( V Assembly, be and consist of burgh addition, Lincoln, — W Clinton, Gains the purposes IViagara. Wetland,— \ Crowland, Hu ioughby. Middlesex, — Aldborough, I Lobo, London, Yarmouth, and Assembly,) the Norfolk,— \^ ville, Houghton and Long Point «pt that of re tions of titles,) Northumberla Alnwick, Cratr «nd Seymour. COUNTIES AND RIDINGS. Frontenac, — Which shall include and consist of the Townships of Bedford, Barrie, Clarendon, Hinchinbrooke, Kingston, Kennebec, Loughborough, Olden, Oso, Portland, Pittsburgh, which shall include Howe Island, Palmerston, Storrington, and Wolle Island, and, except for the purposes of representation in the Legislative Assembly, the Town of Kingston. Glengar'ty, — Which shall include and consist of ihe Townships of Charlntten- biirgh, Kenyon, Lochiel, and Lancaster, and the Indian Keservation adjoining ihe said Townships of Charlottenbui^h and Kenyon. GrenvilUf — Which shall include and consist of the Townships of Augusta, Edwardsburgh, South Gower, Oxford, Wolford, and that part of North Gower lying on the south side of the River Rideau, which shall be attached to and form part of the Township of South Gower. [See 9 Vic, Cap. 46.] Haldimand, — Which shall for all purposes include the Townships of Can- borough, Cayuga, Dunn, Moulton, Sherbrooke, — and for the purposes of repre- sentation in the Legislative Assennbly and of registration of titles only, the Townships of Seneca, Oneida, Rainhann and Walpoie. Hallon, — Which shall include and consist of the Townships of Beverly, Esquesing, East Flamborough, West Fiannborough, Nassagaweya, Nelson, and Trafalgar, and for all purposes except that of representation in the Legislative Assennbly, the Township of Dumfries, and for the purpose of representation in the Legislative Assembly only, the Township of Erin. Hastings, — Which shall include and consist of the Townships of Elzevir, Grimsihorpe, Hungerlord, Huntingdon, Lake, Marmora, Madoc, Rawdon, Sydney, Tudor, Thurlow, and Tyendinaga. Huron, — Which shall include and consist of the Townships of Ashiield, Biddulph, Blanchard, Colborne, Downie, Ellice, South Easihope, North Easthope, Fullerton, Goderich, Hibbert, Hay, Hullett, Logan, McKillop, McGillivray, Stephen, Stanley, Tuckersmith, Usborne, and Wawanosh. Kent, — Which shall include and consist of the Townships of Bosanquet, Brook, Camden, Chatham, Dawn, East Dover, West Dover, Enniskillen, Howard, Harwich, Moore, Orford, Plympton, Raleigh, Romney, Sarnia, Sombra, East Tilbury, West filbury, Warwick, and Zone. Laniivk, — (Which for the purpose of representation in the Legislative Assembly, shall be united, as it now is, with the County of Renfrew,) shall include and consist of the Townships of Bathurst, Beckwith, Drummond, Dalhousie, Darling, North Elmsley, North Burgess, Levant, Lanark, Montague, Ramsay, North Sherbrooke, South Sherbrooke. Leeds, — Which shall include and consist of the Townships of Bastard, Burgess, North Crosby, South Crosby, Elmsley, Elizabethtown, Kitley, Lans- down, Leeds, Yonge, and Escott, and except for the purposes of representation in the Legislative Assembly, the Town of Brockville. Lennox, — (Which shall for the purpose of representation in the Legislative Assembly, be united, as it now is, to the County of Addington,) shall include and consist of the Townships of Adolphustown, Fredericsburgh, Frederics- burgh additional and Richmond. Lincoln, — Which shall include and consist of the Townships of Caistor, Clinton, Gainsborough, Grantham, Grimsby, Louth, Niagara, and (except for the purposes of representation in the Legislative Assembly) the Town oi Niagara. Wdlund, — Which shall include and consist of the Townships of Bertie, Crowland, Humberstone, Pelham, Stamford, Thorold, Wainfleet, and Wil- loughby. Middlesex,'— "Which ihall include and consist of t'^e Townships of Adelaide, Aldborough, Bayhanr, Carradoc, Delaware, Dorchester, Dunwich, Ekfrid, Lobo, London, Metcalfe, Mosa, Malahide, Soulhwold, Westminster, Williams, Yarmouth, and (excepi for thepurroses of representatalion in the Legislative Assembly,) the Town of Luuuon. Norfolk, — Whichshall for all purposes include the Townships of Cbarlotfe- viile, Houghton, Middleton, Townsend, Woodhouse, Windham, Walsingham, and Long Point, and Ryerson's Island in Lake Erie ; (and for all purposes ex- cept that of representation in the Legislative Assembly, and thai of registra- tions of titles,) the Townships of Rainham and Walpole. Northumberland,— Which shall include and consist of the Townships of Alnwick, Cramahe, Hamilton, Haldimand, South Monaghan, Murray, Percy, and Seymour. 131 Frontenac. Glengarry. Grenvillc. Haldimand. Halton. Hastings. Huron. Kent. Lanark. Leeds. Lennox. Lincoln. Welland. Middlesex. Norfolk. Northuml)er)and. •J 132 COUNTIES AND RIDINGS. Oxford. Peterborough. TrcBCOtt. Prince Edward. Kenfrew. RuBscII. Simcoe. Stormont. Waterloo. Wentworth. York. North Riding. South Riding. East Riding. West Riding. Oxford, — Which shall include and consist of the Townships of Blandford Blenheim, Buil'ord, Dereham, Nissouri, North Oxiord, East Oxford, West Oxfoid, Oakland, Norwich, East Zorra, and West Zorra. Peterborough, — Which shall include and consist of the Townships of Aspho- del, Beloiont, Burleigh, Bexley, Dummer, Douro, Ennismore, Emily, Eldon Fenelon, Harvey, Methuen, Mariposa, O'onabee, Ops, Smith, Somerville, Verulam, and North JVlonaghan. Prescoll, — Which shall include and consist of the Townships of Alfred, Caledonia, East Hawkesbuty, West Hawkesbury, Longueil, and Planlagenet. Prince Edward, — Which shall include and consist of the Townships of Alhol, Ameliasburgh, Hillier, Hallowell, Marysburgh, and Sophiasburgh. Renfrew, — (Which shall, for the purpose of representation in the Legislative Assembly, be united as it now is with the County of Zajiar/c,) shall include and consist of the Townships of Admaston, Blithefield, Bagot, Bromley, Horton, MacNab, Pakenham, Pembroke, Ross, Stafford, and Westmeath. Russell, — Which shall include and consist of the Townships of Clarence, Cumbeiland, Cambridge, and Russell. Simcoe, — Which shall include and consist of the Townships of Adjala, Arteme- sia, Collingwood, Essa, Flos, West Gwillimbury, Innisfil, Medonte, Matche- dash, Mulmur, Mono, Notawasaga, Ospry, Oro, North Oriliia, South Orillia, Saint Vincent, Sunnidale, Tay, Tecumseth, Tosorontio, Tiny, Uphrasia, and Vespra. Stormont. — Which shall include and consist of the Townships of Cornwall, Finch, Osnabruck, Roxborough, an«l (except for the purpose of representation in the Lpgislative Assembly,) the Town of Cornwall. Waterloo, — Which shall include and consist of the Townships of Arthur, Amaranth, Bentinck, Derby, Eramosa, Egremont, Guelph, Glenelg, Garrafraxa, Holland, Luther, Mornir.gton, Minto, Maryborough, Melanclhon, Normanby, Nichol, Peel, Proton, Puslinch, Sydenham, Sullivan, Waterloo, Wilmot, Wool- wich, and Wellesley, and, for the purpose of representation in the Legislative Assembly only, the Township of Dumfries, and for all purposes except that of representation in the Legislative Assembly, the«Town5hip of Erin. Wentworth, — Which shall for all purposes include the Townships of Aticas- ter, Brantford, Binbrooke, Barton, Glandford, Onondaga, Saltfleet, and Tus- carora, and (for all purposes except that of representation in the Legislative Assembly, and that of Registration of Titles,) the Townships of Seneca and Oneida, and (except for the purpose of representation in the Legislative Assem- bly) the Town of Hamilton. York, — W^hich shall be divided, as it now is, into four Ridings, each returning one Member to the Legislative Assembly, that is to say : The North Riding, — Which shall include and consist of the Townships of Brock, North Gwillimbury, East Gwillimbury, Georgina, Mara, Reach, Rama, Scott, Thora, Uxbridge, and Whitchurch. The South Riding, — Which shall include and consist of the Townships of Etobicoke, King, Vaughan, and York, and for the purposes of Registration of Titles only, the City of Toronto. The East Riding, — Which shall include and consist of the Townships of Markham, Pickering, Scarborough, and Whitby. The West Riding, — Which shall include and consist of the Townships of Albion, Caledon, Chinguacousy, Toronto Gore, and Toronto. TORONTO: aCOBIE AND BALFOUR, PRlMTBRSi AUKLAIOC BDILDIMUS, KINO 8TRE£T. )f Blandford. )xford, West ps of Aspho- mily, Eldoii, , Somerville, ps of Alfred, Plantagenei. hipsof Alhol, I. le Legislative ill include and mley, Horton, Ih. of Clarence, djala, Arteme- onte, Matche- South Orillia, Uphrasia, and )S of Cornwall, represenlaliou lips of Arthur, ilg, Garrafraxa, on, Normanby, Wilmot, Wool- the Legislative except that of Irin. lips of Ancas- fleet, and Tus- 16 Legislative of Seneca and islative Assem- , each returning Townships of , Reach, Rama, Townships of Registration of Townships of Townships of SUPPLEMENT TO THE MUNICIPAL MANUAL. bTRE£T< CORPORATIONS AMENDMENT ACT. ACT 13 ^ 14 VIC, CAP. 6 4. .hi Act for correcting certain errors and omissions in the Ad of the ParKa- ment of this Province^ passed in the loit Session thereof, intituled, " An Act to provide, by one general law, for the erection of Municipal Corporations and the establishment of Regulations of Police in and for the several Counties, Cities, Toums, Townships and ViUages in Upper Canada,^'' for amending certain of the provisions of the said Act, and making some further provisions for the better accomplishment of the object thereof. . [10th August, 1850.] Vin-HEREAS in the engrossment of the Act passed in the last Session MM of Parliannent, chaptered eighty- one, and intituled, An Act to Preamble. provide, by one general law, for the erection of Municipal Corporations and la vict. c. ei. the establishmerU of Regulations of Police, in and for the several Counties, Cities, Towns, Toionships and Villages in Upper Canada, some errora were accitlenlally committed, and amongst them, one of the Schedules in the said Act referred to, and intended to have been annexed to the same, was wljoUy omitted : And whereas there are also some inaccuracies, as well in the body of the said Act as in the Schedules thereunto annexed ; And whereas it is expedient as well to correct the said errors and inaccuracies as to amend the said Act in some of the provisions thereof, and to make some further provisions for the better accomplishment of the object thereof : Be it therefore enacted by the Queen's Most Excel- lent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain aod Ireland, and intituled, An Act to re-unite the Provinces of Upper and Loioer Canada, and for the Government of Canada, and it is hereby tc"f',"t^,[^o'lJ;,i enacted by the authority of the sannie, That the several words, phrases in Schedui* a. and sentences in the first column of the Schedule to this Act annexed, "'Jj!,\B"^h<,,*iJ',„ naiked A, numbered from one to thirty-gix inclusive, and set forth at tbe Mti°A«r' '" ■ ! 134 CORPORATIONS AMENDMENT ACT. llo«-tlicaii(i Act >!i;j!I hrrcalicr be -OiinirufH. Proviso ; ns to lliinis alrc.idy UOIH'. Jength ill the second column of the said Schedule, as such sBVcra) words, phrases and sentences are contained in those several parts of the several and respective Sections, sub-sections and provisoes of the said Act particularly referred to in the third column of the said Schedule, oppo- site to each of such words, phrases and sentences respectively, shall be, atid the .same as so contained in such sections, sub-sections and pro- visoes, are hereby repealed ; and the several and rt-spective woid.x, phrases and sentences set forth in the fourth column of the said Sche- dule, opposite to each of such first mentioned words, phrases and sen- tences respectively, shall be, and the same are hereby substituted for such first mentioned words, phrases an I sentences, each for each res- pectively ; and henceforth, the said substituted words, phrases and sen- tences, instead of those for which they are so substituted as aforesaid respectively, shall be, and shall be deemed and taken to have been the words, phrases and sentences used in the several and respective sections, sub-sections and provisoes of the said Act in the third column of the said Schedule mentioned, opposite to each of such woids, phrases and sentences respectively, and, in the parts of such sections, sub-section? and provisoes therein particularly mentioned ; and the said Act, and all other Acts referring to the same, shall be construed as if such substi- tuted words, phrases and sentences had been there useil in such respec- tive sections, sub-sections and provisoes respectively, and in the part? thereof respectively in the said third column of the said Schedule men- tioned as aforesaid, at the time of the passing of the said Act, any thing therein contained to the contrary notwithstanding: Provided always, nevertheless, that nothing in this Section contained, shall render void or otherwise affect in any way, any thing heretofore done ander the authority of the yaid Act, but the same, unless it shall have been made the subject of proceedings at Law actually instituted before the passini: of this Act, shall be, and the. same is hereby ratified and confirmed! any thing herein contained to the contrary notwithstanding. _ II. And be it enacted. That so much of the Schedule to the said Act t!. ropcaiet nnii annexed, marked li, as extends to the end of the divisions of the Town I'u^.ltXIi.""" of Belleville into Wards, and also those parts of the said Schedule which apply to the Towns of Cobourg, Picton, Port Hope, Prescott and Saint Catherines respectively, their respective boundaries and divisions shall be, and the same are hereby respectively repealed, — and that the Sche- dule to this Act annexed, marked " Schedule B," shall be substitued for the said first mentioned part of the said Schedule B, to the Oiaid Ad annexed, — that the Schedule to this Act atmexed, marked " 5 Cobourp,'" shall be substituted for the said secondly above mentioned part of the Schetiule B, to the said Act annexed, — that the Schedule to this Art armexed, marked *' 12 Pictnn," shall be substituted for the said thirdly mentioned part of the said Schedule B, to the said Act annexed, — lliat the Schedule to this Act annexed, marked " 13 Port Hope," shall be substituted for the said fourthly mentioned part of the said Schedule B,to the said Act annexed, — that the Schedule to this Act annexed, marked ''14 Prescott," shall be substituted for the same fifthly above mentioned part of the said Schedule B, to the said Act annexed, — and that the Schedule to this Act annexed, marked " 15 Saint Catherines," shall be substi- tuted for the said sixthly above mentioned part of the said Schedule B, 10 the said Act annexed, and each of such substituted parts respectively shall from henceforth be deemed and taken to form, and to have formed, ihal part of the said Schedule for which it is so hereby respectively #iubsi it uted as aforesaid ; any thing in the said Act, or the Schedules thereof, to the contrary notwithstanding: Provided always neverthelew, 'firstly: That nothing in this Section contained shall render void or iolhcrwi«eaffi;ct in any way any thing heretofoie done under the authority Parts of.Srlicdule M to- I'rorieO tlntiuii aire -1(1^ of the daid A of proceed in and still per hereby ratifi trary notwiti [<)lections {w Fresoott anc ceedings ha the legality specially rat ni. And marked Sche and to have 1 therein refen ihe year one had or taken Towns menti: into effect, vvi zation of a ^ present year, corresponding with the view ries, and of ca by the electioi oommenceme] ind as if the s been passed d IV. And be ernor of this P so to do, at an) a Proclamatiof tlirecting the i year, in and fo said Schedule raation, as in h orestablishin Officer, and be held for the for imposing ai peses for the y( purposes neces cise the severa said Act ; and servants, shall privileges, and nad been duly e Annual Munici )'ear. V. And whe legality of the I VI lie, By town a ^'ounty of Carlt enacted, That f »n the authority Municipal Elec Elections, or in 'e<=p«>ctively hel such several ,1 parts of ilio 9 of the said iedule,oppo- ely, shall be, ans and pro- ctive words, e said Sche- ases and seti- ubstituled for for each res- ases and sen- i as aforesaid ,iave been the dive seciions, iolumn of the , phrases ami , sub-Rectinn« id Act, and all f such ?ubsii- n such respec- il in the pari* schedule men- Act, any thing ivided always, ,11 render void one under the ve been made ore the passiiiL' nd confirmed i to the said Act ns of the Town ichedule whicii 5C0tt and Saint divisions shall that the Sche- be substitueii to the r«aid Act " 5 Cobourp,'' ed part of the ule to this Ad he said thirdly annexed,— that ope," shall be Schedule B,t(i ed, marked "14 _ mentioned pan lat the Schedule mil be substi- aid Schedule B, uts respective ly to have formed. jy respectively the Schedules ys neverthelew, render void or or the authority I'roviso : rpriaif' Muiili'lpnl I'Icc tiOIIS CUMlillllf'l. Tin' omitted Hclieiliile I). «ii|'- |ilie>l. Certain proot'ici- ingswhicli iiiiijiii linve baeu liuil in 18451, but for till' oiiiiijsioii of tlitr Sctiediile 1), iii:i>' be had it) l"'.'iO CORPORATIONS AMENDMENT ACT, l.'^S of the daid Act, but the same, unless it shall have been made the subject of proceedings at Law, actually instituted before the passing of this Act and still pending before the proper tribunal, shall be and the same is hereby ratified and confirmed-; anything herein contained to the con- trary notwithstanding ; and provided also, secondly, that the Municipal Klections for the said Towns of Belleville, Cobourg, Piclon, Port Hope, Frescott and Saint Catherines, held in January last, and all olher pro- ceedings had thereon^ so far as the same shall be dependent upon the legality of such elections, shall be and the same are hereby specially ratified Aiiil confirmed as aforesaid. HI. And bo it enacted, That the Schedule to this Act annexed, marked Scheflule D, shall from henceforth be deemed and taken to be, and to have been annexed to the said recited Act, as the Schedule D, therein referred to ; and that all such proceedings as, at any time during the year one thousand eight hundred and forty-nine, mignt have been had or taken for fixing or establishing the boundaries of any of the Towns mentioned in the said Schedule D, or for carrying the said Act into effect, vvhh respect to any such Town, by the election and organi- zation of a Municipality for the same at the commencement of the present year, shall and may be had and taken at any lime during the corresponding periods of the year one thousand eight hundred and fifty, with the view and for the purpose of fixing or establishing such bounda- ries, and of carrying the said Act into effect with respect to such Town, by the election and organization of a Municipality for the same at the oommencement of the year one thousand eight hundred and fifty-one, ind as if the said Act, with the said Schedule D annexed thereto, hatl been passed during the present Session of Parliament. IV. And be it enacted, That it shall and may be lawful for the Gov- (■overnor n ernor of this Province, for the time being, if he shall deem it expedient """ "" ' "'"' so to do, at any time previous to the First day of December next, to issue a Proclamation under the Great Seal of the Province, authorizing and \liiecting the immediate organization of a Municipality for the present year, in and for any of the Towns mentioned in the first Division of the said Schedule D^ and to make such provisions in and by such Procla- mation, as in his discretion may appear necessary or expedient, for fixing f'ereby for ••( r or establishing the boundaries of such Towns, for appointing a Returning '*"" '""'i"^'''- Orticer, and for holding and regulating the first Municipal Election to be held for the same,— for the appointment of Municipal Officers, and for imposing and levying the necessary assessments for Municipal pur- poses for the year one thousand eight hundred and fifty, and for all other purposes necessary or expedient for enabling such Municipality to exer- cise the several powers and privileges conferred upon such bodies by the said Act; and the said Municipality, so .irganized, their officers and servants, shall to all intents and purposes ;, have the like powers and privileges, and be subject to the like duties and obligations as if they had been duly elected at the period fixed by the said Act for the general Annual Municipal Elections throughout Upper Canada for the present year. V. And whereas it is expedient to remove certain doubts as to the legality of the Municipal Election held in and for the Towns of Belle- ville, Bytown and Peterborough, and the Village of Richmond, in the County of Carleton, for the present Municipal year : Be it therefore enacted, That for and notwithstar:ding any defect of substance or form in the authority of the persons who acted as Returning Officers at such Municipal Elections respectively, or in the notice given for holding such Elections, or in the time when, or the place where, such Elections were rect>ve]y held, the said Municipal Elections and all proceedings had iiiiiUL' a iiroclaiii- atioii lor authijr i^oini; tlie iiniiiedi' ate orLMiii/aiioii of a Miiiiici|itilit> ill any town in lt)e first divisjc.ii of ticlicchilc 1». and may pro\ idi- Doubts ns U elTtiotiH M HcUcville, B>- tov^'ti, RichitHjriJ and PeR'rliorgiigu removed. I , f'OV.W M to ) t*iidii)|} proceed- Ami BM to pro- ))Oi'iy qualitlca- tioii of council- li)rn, SlC; elected 1 ! January, IBS'). I'vov.;t0 Ob to pending proceed- 1 ••?. 13S CORPORATIONS AMENDMENT ACT. thereon, ithall be and the same are hereby ratified and confimied, any- thing in the said Act to the contrary notwithstanding ; and thai for and notwithstanding any such defect of substance or form in the persons who appointed the limes and places of meeting of the Town Councillors returned at such Elections ior the purpose of organizing the Com- mon Councils of such Towns respectively, or in the notice given for holding such meetings, or in the time when or the place where the same were held for that purpose, the organization of such Common Councils and all proceedings had thereon, shall be, and the same are hereby ratified and confirmed, any thing in the said Act to the contrary not- withstandinff : Provided always nevertheless, that nothing in this Section contained shall render valiil or otherwise affect any such proceeding which shall have been made the subject of proceedings at law actually instituted before the passing of this Act, and still pending before the proper tribunal ; any thing herein contained to the contrary notwith- standing. VI. And be enacted, That for and notwithstanding any want of qualification in respect of property in any person elected a Councillor of any Township, Village or Town, or an Alderman or Councillor ol any City, at the Annual Municipal Elections for the different Town- ships, Villages, Towns and Cities, held in January last, the election of every such Councillor and Alderman, if in other respects sufficient, shall be and the same is hereby ratified and confirmed: Provided always neverthelosa, that nothing in this Section contained shall render valid or otherwise affect the claim of any such person whose election shall have been made the subject of proceedings at law, actually insti- tuted before the passing of this Act, and still pending before the proper tribunal ; any thing herein contained to the contrary notwithstanding. O'l-uiir power*. VII. And be it enacted. That the powers and duties, by the thirtieth iiii(i'"i2 v/cl^c! and thirty-first Sections of the Act passed in the last Session of Parlia- .ri. transferred to ment, chaptered thirty-five, and intituled, An Act to repeal certain Ads "owiiBlf/p muni- therein mentioned, and to make better provision respecting the admission of cipai:iie8. Land Surveyors and the Survey of Lands in this Province, conferred and imposed upon the Municipal Councils of the different Counties (therein called Districts) in Upper Canada, and on the Treasurers and other officers thereof, shall be and the same are hereby transferred to and imposed upon the different Township Municipalhies in Upper Canada, and upon their Treasurers and Officers respectively, to be exercised and performed by such Township Municipalities, their Treasurers and other Officers in the like cases and in the like manner as is therein pro- vided with respect to such corresponding Municipal Councils, their Treasurers and other Officers ; and no such powers or duties shall hence- forth belong to, or be required of, the Municipal Councils of the different Counties or Unions of Counties in Upper Canada, their Treasurers or other Officers, or any of them. VIII. And whereas by the third Section of the said first-mentioned Act, provision was made for the Union of Townships having less than one hundred resident freeholders and householders on the Collector's Roll, to any adjacent Township having thai number of such freeholders and householders, but not for the Union of several Townships having each less than the prescribed number of such freeholders and house- holders, but which, if formed into a Union, would together have more than such prescribed number ; And whereas in the newly settled parts of the country, the want of such a provision has been found to occasion great inconvenience : Be it therefore enacted. That it shall and may be lawful for the Municipal Council of any County or Union of Counties in Upper Canada, at any time before the thirty-first day of December, in Ro. !iM Nflw proviiioil «• to tinlOlt: lowiikbip). of the year o Bv-Iaw to b of Townshi third sectiuf to form sucli Unions of Cc dation of the firstly, that i ing such Un within the Counties of g the Townshi have had not Collector's R lively madu thirdly, that the Tcyvnshi every such B Ceuncil, theri wise) accord i on such Coiie on such Rolls IX. And be any Proclama authority of tli village, harn!« Villajje info i ?hall hereaftei Village or Tc for ihe same, to be part of i declareil to be Commons Hou other purposes entitled to be t or members of boundaries in .< ofRepresentali of such or any which any. Pro the authority oi my Town into shall hereafter ties thereof, wi such City and t shall have beet the said Legis lion in such Lej of the County o formed, and shs said, in the rela shall be situate, the said first m« X. And be it pal Councils of Canada, to est Village, or Poli Council, and to Hrmed, any that for and the per6on» I Councillor:) g the Com- ce given for ere the same ion Councils I are hereby contrary not- II this Section ti proceeding law actually ng before ihe rary notwith- any want of I Councillor of Councillor of fferent Town- he election of ;ct3 sutHcient, ned : Provided ed shall render vhose election , actually insii- ifore the proper vithstanding. by the thirtieth ision of Paflia- eal certain Ads he admission of conferred and )unties (therein irers and other sferred to and Jpper Canada, exercised and reasurers and . is therein pro- Councils, their ies shall hence- of the different Treasurers or first-mentioned aving less than . I he Collector's inch freeholders wnships having ^ers and houae- Ither have more irly settled parts [)und to occasion jiall and may be In of Counties m If December, in CORPORATIONS AMENDMENT ACT. 137 the year of our Lord one thousand eight hundred and fifty, by a By-law to be passed for that purpose, to dissolve all or any of the Unions of Townships formed or to be formed under the authority of the said third section of the said Act, and if they shall deem it expedient so to do to form such other Unions of the Townships within such Counties or Unions of Counties, as they may think most convenient for the accomo- dation of the people of such Townships: Provided always nevertheless, firstly, that it shall be lawful for any such Municipal Council, in form- ing such Unions, to attach together any two or more Townships lying within the same County, but not when they shall be within different Counties of such Unions of Counties: And provided also, secondly, that the Townships to be thus formed into any such Union shall together have had not less than one huiulred freeholders and householders on the Collector's Rolls for the last year that the snrne shall have been respec- tively madu up prior to the passing of such By-law : Provided also, ivoviso. thirdly, that every such By-law shall designate the order of seniority of the Tcu^'nships foiming every such Union of Townships, which shall in every such By-law be arranged (unless in the opinion of such Municipal Cauncil, there may appear some special reason to arrange them other- wise) according to the relative nunriber of freeholders and householders on such Coiiector's Rolls respectively, those having the greater number Proviso. Proviso. oil such Rolls being placed senior to those having the less. IX. And be it enacted, That upon, from and alter the day on which any Proclamation already issued, or to be hereafter issued, under the authority of the said lirst ment' oiied Act or of this Act, for erecting any village, hamlet or place into im incorporated Village, or any incorporated Village info a Town, shall have come into force and taken efl'ect, or shall hereafter come into force or take effect, every such incorporated Village or Town, with the boundaries in such Proclamation prescribed for the same, shall be and be held to have been, and shall continue to be part of the County to which it shall by such Proclamation be declared to belong, as well for the purpose of representation in the Commons House of Legislative Assembly of this Province, as for all other purposes whatever, except only when any such Town shall be entitled to be represented in such Legislative Assembly by a member or members of its own, in every which last case, such Town, with the boundaries in such Proclamation prescribed for it, shall, for the purpo.se of Representation in such Legislative Assembly, cease to be or form part of such or any other County ; and that upon, from and after the day on which any. Proclamation already issued or to be hereafter issued, under the authority of the said first-mentioned Act or of this Act, for erecting any Town into a City, shall have come into force and taken effect, or shall hereafter come into force and lake effect, such City and the liber- ties thereof, with the boundaries in such Proclamation prescribed for such City and the liberties thereof, shall, (if such City, when a Town, shall have been entitled to be represented by a member or members in the said Legislative Assembly,) for all the purposes of Representa- tion in such Legislative Assembly, altogether cease to be or form a part of the County or Counties out of the territory of which it shall have been formed, and shall be, and be deemed to have been, from the time afore- said, in the relative position to the County on the borders whereof it shall be situate, provided and prescribed by the eighty-fifth Section of the said first mentioned Act, and the other provisions thereof. X. And be it enacted. That it shall be lawful for any of the Munici- pal Councils of the several Counties and Unions of Counties in Upper Canada, to establish a Lock-up-House in any Town, Incorporated Village, or Police Village, within the Jurisdiction of euch Municipal I Council, and to establish and provide for such salary or fees to be paid In '.vti.1t CiM'ti nil. I lor wfi.'i; p.i^ poses towiiH aiul citi'.H Hhnll not form part oi' tin- coimtii's in which lliey iif. Incorpor.itel v i- l.Tges ;ila;iyH lo be p.'irt oC '.tif county. l.oel%-up-lio;isu9 may becsiablisli- ed by county council*, subject to certain provi- iiioni, and ; 'i cer- tain ptaceH. 138 CORPORATIONS AMENDMENT ACT. ouu- I'liA'iiionnl U)Uliicj|JUl ' i-ils i]i;iy liurrow iuiiiir\ . niid con- ir;icl licht.-. for •t'riiiiii |iur|iose8. to the Constable to be placeil in charge of every such Lock-up-House, as they may deem just and reasonable, and Vo direct the payment ot such salary out of the fund.'^ of such County or Union of Counties ; and that every such Lock-up-House shall be placed in the charge and keeping of a Constable to be specially appointed for that purpose by the Magistrates of such County or Union of Counties, at any General Quarter Sessions of the Peace for the same ; and such Constable shall be resident in such 'lown or Village, and be one of the Constables of such T'^vn or of the Township in which such Vjllage may be situate: [•rovi-.e, Providert always nevertheless, firstly, That nothing herein contained shall affect any Lock-'^p-Houses established under the Laws heretofore in force respecting the same, but every such Lock-up-House shall be and continue a Lock-up-House within the meaning of this section although not in any such Town or Incorporated or Police Village a,^ I'rovino aforesaid : And provided also, secondly, That parties summarily con- victed before Magistrates under the provisions of the Act of the Parlia- ment of th3 late Province of Upper Canada, passed in the fourth year of the Reign of His late Majesty King William the Fourth, chaptered four, ri.'fd intituled. An Ad to provide for the summary punishincnt ofpettij \ w i.c.i. tresp!.('. .■iii'H ili^.-olmion "111111011 ; oiriccrs "iMlllllllCll iiiiul ack-up-House. le payment ot Counties ; and le charge and purpose by the : any General nonstable shall 3 Constables of nay be situate : 3 re in contained ^aws heretofore House shall be of this section )lice Village a? ummarily con- t of the Parlia- the fourth year urth, chaptered lishncnt ofpettij the committing Lock-ui'>-House ;tion took place, such County or ipal Councils in had at all times like power and sums of money I the erecting ot rks within their urring any debt •d in Municipal subject ahvay.*, jr provisions for Councils, within le recovery ami such Municipal "or that purpose. le day on which r Canada, there- the Townreeves Union who shall of such Union, id livst mentioned r the Municipal ouncil and theii 3r be substituted ty, which shall aiden and other Council shall be of such Junior lessors under the such I'rovisiona. until amended, or By-laws to be of such Junior I ce had the sain'; CORPORATIONS AMENDMENT ACT. XIH. And be it enacted, That every Municipal Corporation so sub- stituted for the Provisional Municipal Corporation of any County in Upper Canada, shall become charged with and liable to all debts, liabilities and obligations of such Provisional Municipal Corporation legally contracted or incurred as aforesaid, as if such debts, liabilities and obligations had been contracted by such Municipal Corporation themselves; and all actions at law and suits in Equity, wherein such Provisional Municipal Corporation shall have been a party, and pending at the lime of the dissolution of such Provisional Municipal Corporation, shall be continued by or against such substituted Municipal Corporation in their Corporate Name as if such Municipal Corporation h;ul been the party thereto originally. XIV And be it enacted, That no By-law passed or to be passed by any Provisional Municipal Council, in accordance with the recjnirements of the one hundred and seventy-seventh Section of the said first men- tioned Act, for imposing a special rate to be levied in each year, for the payment of any debt created by loan or otherwise, shall be repealed by ihe Municipal Council, which shall thereafter be substituted for such Provisional Municipal Council until the debt so created and the interest lliereon shall be fully paid and discharged : Provided always neverthe- less, that no such By-law as aforesaid, whether passed by any Munici- pal Council, or by any Provisional Municipal Council, shall be hekl to he repealed by the Act passed in the present Session of the Provincial Parliament, and intituled, An Art to repeal the Acts and provisions of Law relative to Assessments and matters connected thcrcioiih in Upper Canada, but notwithstanding any thing in the said last mentioned Act contained, every such By-law shall remain in force until the debt to which it relates, and the interest thereon, shall be fully paid and dis- charged. XV. And be it enacted. That in case of there being an equality of votes in ihe Municipal C'orporatiuu of any Township or Village, on the Election of Townreeve for such Township or Village, or in the Municipal Cor- poration of any Town or City, on the I'^lec'ion of Mayor for such Town or City, the Meml>er 6f such Municipal Corporation who, according to the Collector's liull or Rolls of such Township, Village, Town or ('ity, tor the year ne.vt precetling that for which such election shall bo hold, ^hall be assessed for the highest amount, shall have a second or casting vote on such election. XVI. And be it enacted, That in every Proclamation erecting the Townreeves and Deputy Townreeves of any Junior County into a Provisional Municipal Council for such Junior County, a time atui phue may be appointed for holding- the first Meeting of such Piovisional -Vlunicipal Council, and some one of such Townreeves or DepiUy Town- reeves appointed to preside at such Meeting, and in case any such Pioclamation siiall not coiHain any such appointment of time or place or of a person to preside at such first Meetiuir, and in all cases of the erection of such Provisional Municipal Council by Act of Parliament, such time and place and such presiding Ofiicer as aforesiiid shall and may be appointed by the High Sheriflof the United Coutities, of which such Junior County shall be one, by a wairaiU nntler his hand and seal directed to such Townreeves and Deputy Townreeves by their name oi office, and published in the Official Gazette of tliis Province : Provided always nevertheless, Firstly, that such presiding Ofiicer shall preside in «uch Provisional Municipal Council only until a Provisional Warden «liallbe elected by such Provisional Municipal Council : And provided also, Secondly, That in all cases of an equal division of votes on any 'jueirtion pending in any such Provisional Muni*jipal Council, the Pro- 139 And 10 l.c linblf' for debcs^, &.c. ,^l Ccrtrijn |jy-Ia\\! tioi 10 lie ft'i'tal- I'roviso ;is lo t'lleot ol' ;istcss- iiifiit r('|it';jliii^ Act of tllis Ffj:- sioii. 0■^^■c of o^u;ilii> (if voU's lir M;iy(ir, *cc viilf'l lur. |iro- 'J'lTiic ;iii I pl;,f<' 01' /irsi iiKt'iUi}; of iiruviMoiml iiiiiiiici|i;.l cciiii- cil 10 1 1; ;i|i|oii,l- ('(I I'y prorl:iiii.i- liijii. How, ift.'ic l'.,M. ('. lie (Tirtcd 1) Ari 01 r;uli;i- I'roviko. Proviso. 140 CORPORATIONS AMENDMENT ACT. Provliioni of sect. 306 of amended Act continued until 31it Dec. ,1851. visional Warden of such County, or the Presiding Officer of such Pro- visional Municipal Council for the time being, shall have a second or casting vote on such question. XVII. And be it enacted. That the provisions contained in the two hundred and eighth Section of the first mentioned Act, as amended by this Act, shall be and continue in force till the 31st day of December, in the year of our Lord one thousand eight hundred and fifty one, and the persons therein described as entitled to Elect and be Elected under the same shall be those entitled to Elect and be Elected respectively at all the Municipal Elections to be held under the said Act previous to that day. SCHEDULE A. Referred to in the First Section of this Act. WoRj.s.PnRASFs & Sentences NO. or 12 Vic, Cai'. gl, repealkd I Bv THIS Act. sections, Sub -Sections and Provisos, of I'i Vic, Cap. 81, and the parts thereof, respec- tively, in which the repealed wordv, phrases and Henienccs are con tained. 1 j To divide such Townships Section 8. — lleiween ;ancw, into several Wards, as the words, " for that piir- aforcsnid. !pose," and the words. |"re-arraiiging the same," 'i I Fifty. 'i \ For the year following. Section 16. — Between ilie words, " within it," and ttie word, '"resident," Section 16. — Between the v. ords, "Township shall " and the words, " Tlie inriking up," ' Three Assrssora for the| Section 23. — Between I ^owll^.llip, and one Collecior|tho wor'd "appoint"niul i'or the !>:in)C. ithe words, '• and that the jsaid Assessors," 3 1 Permission to proceed. WoRPs, Phrases and Sentences substituted FOR THOSE BV THIS AcT REPEALED. Section 31. — Suh-Sec- tion 17 between the words '' Road or Bridge Com panics," and the words j" with any Roads or Bridiies within the Juris- diction " 1 ' Section 31. -Sub-Sec- tion 29, between the words "reasonable pun- islii.ient," and the words, " not exceeding," Tlie Municipal Council for. Section 33.— After the To divide such Townships into several Wnnlt, or wliere the same shall have been previously go ren '" And the Towi " I Townreeve, I I , f IJ Townreeve. i 13 For any sucli ' )f such Pio- ! a second or d in the two amended by December, in one, and the led under the ctively at all evious to that CES SUBSTITUTED RKl'EALED. I to several \Vnr(l^, licc'ii previously so District or ("oum* luiiicipnlity of tin. ; (^iiiiie anew imo ii;;in" or ng. nnd CoUcctors for ti.ny be permitted ur |) by (lie Laws lor 1(1 the levying anl Irposes, in lorcc In inde in nccoritana' isseil in the present |led, "An Act lo Stocit Coinpaiiics, 111(1 other worics i" irocecd. I Lock-up House in Ithin lheTo\vii»lii|' of Correction for I County : Provided |mt no" Townrecve in such Municipal . witli ilie Clerk of irtiflcnte under ihc . of the Townfhip. Ishall be entitled w V hit baving tee» SCHEDULE A. 141 K. |\Voiin.«, PIIR48E8 tc Sentences or I'i Vir., Cap. 81 , repealed BY THIS Act. Sections, Sub- Sections, and Provisos, of 1'^ Vic, Cap. 91, and the partu thereof, resiiec lively, in which the re|)eiilcd words, ph rases nnd senteIlcc^^ are con- tained. WuRns, Phrases and Skutkkct.s substituted roR TirosE by nils Act UKruxLtD. or tlio Inspectors of thc| Section 41. — Pub-Pec- County House of Industry, .Tnd, lion 6, after the words, of (•■ucli and ho many other <• for the appointment," Oflicers as iinv be necessary for carrying into effect any of ilie provisions of this Act, or of niiy otluT Act of the Ijef,'islature lOftliis Province, or of the late jProvince of Uppijr (.'nnada, the jertctioii orinnintenanceorsucli iHouses of Industry, or of any 'Uy-law or By-laws of the Mu- Inicipal Council of such County, respecting the same. I Licenses to proceed. And the 'J'ownrceve. duly elected, and taken ilic Oath of Uualificaiion and Office as such 'I'owtireeve ; And provided also, secondly, That no Deputy 'J'ownreeve shrill he en- titled to take liii, .scat in .such Municipal Council until he shall have filed a similar certificate with the Clerk of such Municipal ('ouncil, and also a copy of the Collectoris' Roll or Rolls for such Town- ship, Village, or Town, for the previous year, verified by the atridavit or affirniation of the < 'cl- lector, appeiulfil to or eiiilor&cd upon such copy, and sworn or atllrriKMl biiore sonic Justice «{ the Peace for the County, to tlic eflVct that the same :is a true copy of such Uoll or Rolls, and that it con- jtains the nriincs of nil the frccliuldcrs niid house- jholdera in such Tuwnsliii), Village or Town as •they appear upon such Roll vr Rolls. i iiiider the (J'or[iorate Seal of such County Coiiucil. 'one or more County Knuirieers, one or more In- jspectors of the CiMiiiiy lluuse of Iiidusiry, one or inore Dversctrs of lliuhwavh, Road Surveyors. ati'I such ;itid so many other (^dicers as may be iieces- Isary for carry in u into (fleet any of the provisions iuf this Act, or of any oilier .'\ci of the Legislature lofthis Province, or of the late I'roviiice cf L'pper i(^uiaila, or of any liy-law or l!y-laws of the .Mu- nicipal Council of" isiicti County, and in like inan- luer to displace all or any of them, and appoint lothers in their room, and to adil to ur diniiiiisli tht- number of iliein, or any orilioiii, a^ often as the said Corporation shall see fit. Section 41. — Sub-?cc-'to which opposition has liecii made in accordance tiiin IH, between the with the pnivislons of the .\r[ passed in the present words, " Road or Bridge i^ession of Parliaiiient, mtitiili'd, ''An. Act to au- Conipanies."' and tlie thori/.eihe lormaiion of Joiui tiiock Companies for words, '• with any lloails the constriietioii of lioads and other \Vorks in or llridges within the Upper Canada,'" perniis.-ion to proceed, jurisdiction," I Section .')!'. — Betweenj ,^nd llie Townreeve aiui IV'puty Townreeve, the words, "as the Mii- where from the number of Irccholders and hou^e- iiicipality of any To«ii-, holders on the Collectors' Roll, such Village .Mu- sliip shall have in respeci'iiicipality shall be entitled to elect such Deputy 11 1 Townreeve. U Townreeve. 13 i For any such Town. of such 'I'ownship, and Townreeve. the words, "of every such Villaue," Section 50. — llctweeii the words, " nsthe," and the words, " or o'lier Olliccrs," Section ."lO. — Hetw('eii| the words, ''and th(',"i nnd the words, "of each ''\ Townreeve, Deputy Townreeve. Townreeve and Deputy Townreeve. Section 7.5.— .\fter iliel For any such Town : Provided always, never- words, " Justices of theihclcss, that no such Mpimintiiient shall be held to *' Peace," ;litnit, deicrmine or otherwise interfere with the ijurisdiction, powe's, duties or liabilities of the 'Justices of the I'eacc for the County within which isiich Town shall be situate in respectol such Town, or ill, over, or with respect to oflbnces coiiiinittt'd Within tlie same. To be taken by the owners or> Serilon 81. — •Suh-Sec-iand to compel In n summary manner the prompt drivers thereof. Ilimi 4, between ilie wordp pnyineni of the lawful fare or hire to the owiur or "pay or hire" and the drivej^of^uch_Ilor8e», Cab, Hackney (!oach, Oiimi- wor(l8, " and for prevent- ■ iiig." bus. Carts and other Carriages by (he panics hirini; or using the same. 142 CORPORATIONS AMENDMENT ACT. jVVl)RI>-i. I'llRASKS Sc Skntenceh >'o. i)K li Vic, Cai'. sI, rkpealbd uv iiiin Act. Scciioiis, Siih -Sectionf and Provisos, of I'i' Vic, Cap. HI, and llie parts thereol, respec- tively, III wliicli the repeided wo^dc,phra8e^ and sentences are con- tained. WoRiia, Phrases and Skntknces substiti-tfu FOR TiiosK UY 1IIIS Act rbpkalkd. 15 ' One Alderman. Section &3. — IJetween the wordu "of such Waid,'' and the words, '' and two Councillors." 10 : From the time of the erection Se Mon 87 iof any Town into a City. the vcrd. "that," and !lie words, "any and every ( CoaiinissionofthePeace," Two .Alaerinen. HetwecM ihc Aldermen of each City which sliall he or rcniaii! incorfioratei is such under the authority of ilih Act, shall 'ij .'irtue of their respective otlices ln' Justices of liiL Peace in and for such City and tln' Lilierties thereDf, and that from the time of the erection of any Town into a City. I I5y tlic Corporation of sucli Section R>^.— After the iCity. jwords, "who shall ! I appointed annually," hy the Corporation of such City, who in.iy li IJy-law, if they shall deem it expedient so to do. provide that the oflice.s of High Unilitf and Chief Constable may be united in and "Id by the same person. OiTicer and Police Mnaistrnte, Section 03. — Between Office and Police Alacistrate as provided with !iw provided Willi respect 10 iii-ihe woids, "besides a respect to iiicorpoiated 'I'owns as aforesaid, aai i.rorporaicd Town;ia>;ifipri.said, (lolice," and the vvordsJwhich Police Magistrate shall have the like duiii', 1.1! ( which sh.ill hiivc the liky " Magi-traies for iiicor- and powers in all respects in such City aiiil ilic •iImii!;s aini povv:.T8 i!i ail re- poraied Towns " '■' ■■•" <■ — :^ i — ; „..:.i„^ ...:.i ispecirt ill such City and the jlilierties thereof as is liereiii| • provided with respect to thoi .Police Ollicers. 13 ' The City Courts and. Section 95. — between the words, " at any other Ithan," and the words, ■" the Courts of Assize : Nisi Prius," •JO, yiiall be vested in, and be- Section 117.— After the 'long to such Police Magistrate, words, "by the Muiiici- palCorporations thereof," , Sliall have full power and' Section IIS.— Hctweeii iiuiliority, upon coin|ilaiiit made the words, "under the ,10 them, or any one of tlieni " aiillioriiy of this Act," iiipoii oath, of any riotous or nnd ilio words, " and dii- jdi.sorderly conduct, in 'he house riiiit the poriod of such jof any Inn or Tavern Keeper, suspension." in any such Town or City, to' lenqiiire siimiiiarily into the |inatierof such complaint, and ifor the .Mnyor or Police .Magis- itrate of such 'I'own or (Uiy to Hummoii such Inn or T.ivern il'' 'epcr to appear, to tinswer isucli eoinplaiiit, and thereupon, lit slmll be lawful for the Mayor, ■)r Police Mauistr.ite, with aiiyl two AlderiiK'ii or.lustires of the; Peace, to investignte the same,: Tiid to dismiss the same with' ■OMts, to be paid by the roiii- plainant, or to convict the saidj Inn or Tavern Keeper, of liav-! i:g a riotous and disorderly! house, and lo abr.igate the li-| ""onse or to suspend the benefit of the same, for any period not exceeiling sixty days. | ....J ... .... ..,.,,..,v-v u»w.. «...j in liberties thereof as is herein provided with resin'ci to the Police. !» Of the said Office.- iiie Uod. So help Section 127.— .Mkr the words, "or other undue execution," 'J'lie City Courts or on trials at the Dar of eitlur of Her Majesty's Superior Courts of Common Law ;it Toronto, or at shall bo vested in and belong to such Police IMj- gistrate,aiid whenever there shall be no Police Mn gistrate for any such Town or t'iiy, such power uiuler such 15y-iaws as aforesaid, shall be vcsieil in and belong to the Mayor of such T^wii or City. and the Townrffeve of any Township or Vilhpe incorporated or to be incorporated under the saint. with any two .lustices of the Peace for the Couiiij or thiioii ofCounties within which such Townslnii or Village shall be situate, shall have full power and authority upon complaint made to them or any one of them, upon oath of any riotous or disordt'tly conduct in any Inn, Tavern, Ale or Ueer llou^t, situate within such Town or Ciiy or the Liberties thereof, or within su^li Township or Village res- lieclively, to empiire summarily into the matter of such coinplnint, and for such Mayor, Police M.t gistrate or 'J'ownreeve lo summon the keeper oi such Inn, Tavern, Ale or Beer House, to appear to answer such complaint, and thereiipwn it shall :• lawful for such INIayor or Police Magistrate wiili any two of such .Miltiinen or Justices of the Pence, or for such 'I'ownreeve wivli any two of such Juf- ticesof the Peace, to investigate the same, and to dismiss the same with costs to be paid by the com- plainant, or to convict the said keeper of such Inn, Tavern, Ale or lleer House of having a riotous or disorderly house, and to abrogate the license for Keepimr the same, or to suspend the benefit of tl"' ■laiiie for any period not exceeding sixty days, wiili or without costi, as in their discretion may sceiii just. of the said office. So help nie God ;" and in defniill thereof shall forfeit the sum of 'J'en Pounds to the use of Her MnjeBiy, Her Heirs nml Successorii. logeilier with such costs of prOi^ecuiion as shall U' adjudged by the Court. SCHEDULE A. Ud ;ks suBrriTrTFi) IKl'KAl.KD. is)iall lie or rciiinii; e auilioriiy of tli^ spective otlices ho such Ciiy and iW m the time of ilie ;:iiy, who in:iy ty >xpeilieiii so 10 du, li HnilitI" and Chief 1 'Id by the saiiw as provided will, s as aforesaid, aivi have tiie like dutio? such City anil ilii> ovided with resinci at tiic I5ar of eitli' rtB of CoMiinon I.:r to such Police Ma- all he no I'oliccM.v ("ity, sucli power (I, Fhall be vesieil in h 'l\wn or City. Dwnship or Vilhiic ted under the s;uiie, eace for the Couiiii licli such Towii!'lii|i ill have full power nade to them or niiy riotous or disordt'riy Vie or Heer Uoui't, 'iiy or the liiberiies -hip or Villajie res- V into the mailer of 'Mayor, Police M.v unou (he keeper oi lIouFe, to oppear to hereupun it shall '•" Ice Majiistraie wiHi usticcBofthe Pcaci', y two of such Ju>- ,e the same, and w he paid by the coni- keeper oi" such In". liaviniJ! a riotous or itjate the license for I the lieneHt of lin- ns sixty days, wiili iscretion may sceiii led i" and in defaidi ■ Ten Pound* to the Ira nud SuccessorK, ^ecuiion as etiall 1* WoRns, PiiiiASEs & Skntknck" so. or 12 Vic, Cai-, 81, repka'.ed- BY Tni.s Act. Sections, Sub • Sectlonsi j and Provisos, of Vi\ Vic, Cap. 81, and thej parts thereof, respec- (ively, in which ihej repealed words, phrases! and sentences are coii-i tained. i •Vonns, PiiR tSK.s and Sfntfncks sunsnii ctkb KOR tho.se by this Att rkpkai.ed. Instances of any Relator hav-< Section 140.— After the ing an interest as a candidate words, "that at the," at orroter in any election to belthecoinniytuceinentof the held under the autnority of thisj section. .-Vet, a writ of hiiititnons in the' nature of a guu wcfranto, shall lie to try the 'nlidiiy of such election, which writ shall issue out of Her Majesty's Court of Queen's Bench for Upper Ca- nada, upon an order of that Court in term time, or upon the liat of a judge thereof in vaca- tion, upon such Relator shew- ing upon aindaviito such Court or Judjie, reasonable grounds fjr supposing that such election was not conducted according to law, or that the party elected or returned thereat was not duly or legally elected or re- turned, and upon such Relator entering into a recognizance before the said Court or any Judge thereof, or before any Commissioner, for taking bail in such Court, himself in the sum of fifty pounds, and two sureties to he allowed as suf- ficient upon affidavit, by such Court or Judge, in the sums of twenty-live pounds each, con- ditioned to prosecute with effect llie writ to be issued upon such order o: Hat, and to pay to the party against whom the same shall be brought, his executors or administrators, all such cnsis as shall he adjudged to such party against him the said Re- lator, thereupon such writ shall be issued accordingly -. and the said writ shall be returnable upon the eighth day after that on which it shall be served on such party by the delivery of a copy thereof to him personally or in the manner hereinafter provided for, before some one of the Judges of the said Court iat Chambers, wiiich Judge shall have power, upon proof by affidavit of such pcrsoiinl or other service, and he is hereby required to proceed in a sura- inary manner upon staiemenli .ind answer, and without formal; and pleadings, to hear and deter-' mine Ihe validity of such elec- tion, and to award costs againstl the Relator or JJefendant upon, .luch writ, as he shall deem juit.; instance of any Relator having an interest as a itiiunicipal voter in or for any Township or Village . or in or for any ward of any Township. Town or ICity, for which any election shall be held under jibe authority of this Act, or having such interest a* a candidate at such election, a writ of summons in the naf.'re of a quo warranto shall lie to try the validity of such election, and also where it shall be alleged by such Relator that himirelf or some other person was duly elected and ought to have been returned at such election, then to try as well the validity of the election complained against a* the validity of the alleged election of such Relator or other person, both which objects shall be em- braced in the same writ, which writ shall issu«c out of either of Her Majesty's Superior Courts of t'ommon Law aiToronio, upon an order of sucli Court in Term lijiie or upon the fiat o*" a Judge thereof in Vacation, upon such Relator shewing upon affidavit to suci; Court or Judge, reasonable grounds for supposing that such eleciion was not conducted according lo ia-.v, or ihat the party elected or returned ihoreat. was not duly or lcg;illy 'elected or returned, and upon such Relator entering jinio a recognizance before the said Court or any iJndge thereof, or before any t'oinmissioner for ■taking bail in such Court, himself in the sum of Ififiy pounds, nnd two sureties to be allowed as sufficient, upon affidavit, by sueh Court or Judge, in the sumoftvventv-five pounds each, conditioned ;io (irosecute with c'.lcct the writ to be issued upon 'such order or fia!, or to pay to the party asainsi whom Ihe same shall be brought his Kxecutors or .Vdministrntors, all such costs as shall be adjudged to such party, against him the said Relator, there- upon such Writ shall lie issued accordingly, and the said writ shall be returnable upon Ihe eighth (lay (as on Friday where service sliaU have been made on the Thursday of the preceding week) after that on which it shall be served on such party by the delivery of a copy thereof to him personally or in the manner hereinafter proviiled for, before some one of the Judges of either of the said Courts, at Chambers, which Judges slial! ha'.e power— upon proof by affidavit of such persona! or other service— and he is hereby required lo proceed in a summary manner upon statement and answer, and without formal pleadings, lo hear and deter- mine the validity of the election complained against, and where the sufficiency or letraliiy of such other election shall have been so alle^'ed as aforesaid then the validity of such last nienlioiied election, ami in case of such first iiieiitioned elec- tion being .idjudgcd invalid, ''iid such last iiieii- tioned election being adjudged valiil,then by a writ adapted to that purpose, to cause the pe.-sjn re turned upon such invalid electi'Ti to 1 e remove^ , an. 1 the pi'r.on lawfully elected and who ought lo 'lave been returned, to be adniiiKMl in \\\^ place, and in case of neither of such alleged elections being adjudged valid, ihen by a like writ, to cause the 'lerson returi.ed ii|>on such invalid election to be removed, and a new election to be held to sup- ply the vacancy thus created, in all which case? it shall anil may be lawfiii for such Judge, if the facts in evidence before him render it profier so lo do, to make the Returning Officer at such election a party to such proceedings by a writ of summons to be served upon him for that pur|xife in the s.*>iiie manner ns the writ of summons hereinlK'fore men- Honed. And it shall and mav be lawful for such Judge, and he it hereby required in disi>0Bing of ,;1 r 144 CORPORATIONS AMENDMENT ACT. NO Words, I'lrRASKs & Sentences OF 12 Vic, Cap. el, REPEALED BY THIS Act. Sections, Bub - Section* nnd Pfovisos, of 12 Vic, Cap. 81, and tl'e pans tliercof, respec- tively, in which the repealed words, phrases and sentences arc con tained. VVoKUs, Phrasks ANn Sentences substititteb POR those by this Act iikpealed. every such case, to award costs for or against By deatli c M All such di iisigneil to h SCHEDULE A. 145 SCEfl 8UB8T1TUTEC ; llKrKALBO. :a for or againsi ilie uch writ or for or wlien he shall beio nga as aforesaid, na : Provided nlways, ilections of Mayors, )epuiy Townreeves Liiin the meaning of ilso, secondly, Tliai ection against any ually to all or any ny such Municipal y be lawful for the of summons againct ; of tlie elections of iiuicipal Corporation it for the removal of have been illegally uhnission of those so ly elected, shall be i (/'ounty or Union of which the locality in Corporation shall be •ho for the purpose of under the auihorily powers and authoruy ipiil Corporations for i are occasioned by hirdly, That nil such isliall be applied for jelt'Ction complained th after the person hall have accepted And provided also, awarded against any writ of summons in all be brought, who aving been served osipnid, throuph the of Judaes Cham- a disclaimer of the effect following, that h .rit of summons, ir has been served for right to the office of he case may be) for he County of hereby disclaim the fence of any right I it sh-\Il have been uch Court or Judge, consenting party to candidate for such such costs shall be or Judge. That it shall be the oned person to deli- mer to the Clerk of seat in which shall ,th communicate the 8 of such Municipal HO, Sixthly. That in fill for the Judge be- lons is returnable to Kjrtuniiy for the said any person entitled Corporation, to inter- tlon and return, in ening parly shall t« B any other party to r WORDa, PilRAtEl Ic SENTENCE!! io.j or 1*2 Vic, Cap. 81, repealed BY THii Act. Sections, Sub -Sections and Provisos, of \'i Vic, Cap. bl, and the parti thereof, rcspec tively. In which the re pealed words, phrase* and fcntenccs are con- tained. Words', PiiRasfs am) Se.ite.'.(,'es si'bstitctkd rOK 1H0SK BY Tllia Act RkPKALKIJ' *1 I Her Majesty's said Court of I Section l.W.— Hetween The Judges of ller Majesty's two Sup>?rioi Courts jQiieen's Ucncli for Upper Ca-jthe words, '' it shall nnd'of Common Law at 'loroiiio, or ihc majotity of iiiarta, by any rule or riik-g to be niny be lawful for." and|tliem, by any rule or rules to be by them I'sr that 'hy such Court made for ihnt'the words, "and to regu-jpurpose made froni lime to time In Term lime, ut* :|iiir|)0se, in Term time, to set' 'tie the forms of such writs of Iduinmoiii', Certiorari Manda- miMand Execution as aforesaid. jj j Of the Court in matters with- in its ordinary jurisdiction. •J6 i And the Court of Queen's Bench for Upper Canadn. J7 I Of such ^Iiinicipal Corpora- 'tion, for tlit preceding yeor > Ry death or otherwise. 1 ; Of the head of such Munici \[t*\ Corporation. late*' joccasion may rctiuire, to seiile the lurms of alt such Writs, whether of Summons, Certiurari, IjMaiidamus, Kxccuiion, or of or for whatever other kind of purpose, as albresakl, Section l.VJ.— After the Of the Courts in matter* within their ordinary words, '' for the rcgula-'jurisdiciion. tion of the practice." j Section I.W.— Retween And either of Her Majesty's Superior Courts of the words, "of which heiCommon Law at Toronto, is the Olticer," and the', words, " may be moved." Section 10-i.— lletween Of such Municipal Cor()oration for the preceding the words, " then the|year, or in caseof his iilibcnce or the vacancy of [Head," and tlic words, 'such oflice, then the Clerk of such Municipal Cor- '*Khall forthwith, by war-iporation ; iind In CMsuof tie like vacancy of sncfi rant," jlast nuMiioned office, nnyoiieof the niemberii cf such Municipal Corporation fur the preceding year. Section 163.— Retweenl By death, a judicial decision against the legality the words, "in any of'of any election, or otherwijie however, such Municipal (^'orpo-l rations." and the words, shall be filleil." | I Section 103.— Between' Of the head of cuch Municip;il f'orporntion, f,r the words, "under the in cace of lii.- absenceor tlic vaciiic) of such urt'xi'. iiaiid and seal," and the then under tbe h.'ind and ^e.■l words, "provided al-|Municipal Corporation - 30' t^o appointed, shall hold hih ieat in such Corporation, by 'Virtue of such appointment. 31 1 OfCandidntes, shall not have jbeen elected, or if there shall mot be iu the poll book, the inanics of a sutficient number of icandidates to supply niiy defi ''lency arising from refusal of lutTice, or neglect or refusal to lie sworn in, then. }} I All such duties as may be jiisigiied to him by any such ;fjaw Of By-Law. ways. Section 103.— Between the words, " that the per- fOn," and the words," for the residue" Section 163.— Between the words, " a retjuislte number," and the words, and iu every such case," of ilie Clerk of Mich ,..^.,.... ,.„ -.. , and in case of the like vacancy of sucii last mentioned office, then under the hand and se:il of ntiy ouu of ilic Members of such Mutiicipnl Corporation. So elected shall hold his tieat in such Corporation by virtue of such election. Of candidates shall not have been elected, then. Sectioti 17'2.— After thel All such duties as may be assigned to him ly words, "faithfully to i>er-|any such Law or By-Law: Provided always, ne- form" Iverihelefs, Firstly, That it hliiill moreover be tlif duty of every Township, Vill.i^'e .■uid Town Trea- surer, to receive from tlie Collecior or Collectors of such Township, Vilbige or Town, all inoneji collected by such I'olleciur or Coloctors for or ou accoutit of the County Kates, nnd to pay the same over to the County 'i'rensuror wiiliin such time as may be prescribed by any liy-Law of the Munici- pal Council of such County to be pa!Dl'ice Villagei and in oili" cases upon the petition of lifieeii of the inhabiui,: Uou.-eholders of such Village or Hamlet, accom- pjiiiied by a certilicate from the Register of me County within which such Township shall lii', that a plan of such Village or Hamlet had heea luly deposited in his ofiice according to the tlicn existing re(|uirenieiiiR of the Reuisiry l>aws u force in Upper Canada in that behalf, hy any By- law to be passed by such Munici|ialiiy for that pui- pose, to stop up, sell and convey or otherwise desJ with any original allowance for Road that may In within the 'limits of such Village or.Hatnlet, aa itie same shall be laid down on such plan, in the mm manner a» the Municipality of any Incorpotaieil Village is empowered to stop up, sell, convey, of otherwise deal with any such original allowance foi road within the limits of such Incorporated Villan, but subject always nevertheless, to all and singuiii the directions, limitations and restrictions, aud other the p^ovi^ions in the one hundred and eight.'- eighth section of this Act, contained respcciinf the same : Provided also, Secondly) Tlmta Villap or Hamlet situate partly within one Township ami partly within another, whtthef such Towiisl shall he within the same or diilerent Comiim shall be a Village or Hamlet wiibin the meanirt of this section, and Uiat in every such case >h( Municipality of each of such Townships sliail have the [towers hereby conferred as far as rtt (lects any original allowance for Road, lying wiim* that part of such Village or Hamlet, which a» cording to such plan so deposited in the Kegifi'! Uince or Registry (Jllices of such County orCouti ties shall be situate within the respective limits o such Townships. 31 For ihe st SCHEDULE B» 147 ^^,^1^^ mces St BHTITDTgD T REPEALED. hip, Village or To\w jvideil iil*o, 'l"hir(ll>, |), ViUagu or Town Jilt ill lii« books wit!' Iinll give receipts fur 1 Oh nccoimt of tin- lie 'rreasuri'r of sikIs 1 moneys as lie Bliali if such County Rates; , 'I'hat iioihiug herein / exonerate any sucli ' limit tiis liability to ich County for any ol' r they Bliall choose tu [1 of ngainet the Cor- c or Town (as the case iiereol ; And proviilei; luniv Rates so rer eive.; Treasurer, the Towi,- surer shall he cmiiliil own use a per cciitafe upon all such ("oumy over as aforesaid, aiil Ly Village or To\vn,oi (lers thereof: i'rovulcl iilv, That It shall am! ic'ipaliiy of any Tortii- ice Village or liny oil.et ] sting of not less than ' anilmiT within an «tM | re. I acresi shall le fiw- Trusioes of such Vil- ,e VillagCi and in oili" | ifieen of the inhabiu'.i ige or Hamlet, acconi- oiii the Register of me li Township shall lit. or ilnnilet had htea according to the tlicr, the Beuisiry Laws ai hat behalf, hy any By iinicipaliiy for that pur onvey or otherwise deal! ;e for Road that inaylnl illage or.Hnmlet, as the I such plan, in the saiwl ,.ty of any Incorporaieill nop up. sell. convey.MJ ch original allowanccwj ich Incorporated Villaei.! less, to all andsingulail « and restrictioin, anil oneluiudred and eightil It. contained respetunfl Secondly, That a Villapl ithin one Township aikl hither such TownsHitl or dlilerent Coiinii«.| let wiihin ihc iiieamml in every such ca«e '.iKl iiuch Townships slij conferred as far as rcff ce for Rond, lying wii'i . or Hamlet, which aH leposiied in the HegiU'J of sui'h County or t-oua* the rcipcctive limine ». 31 35 3« WoRMj PlIRABES &. SeNTR.VCCS OP 12 VIC, Cap. hi, RKf KiLfen BY Tnia Act. For the stopping up, altering Secliony, ^ub • Sections and I'rovikois oi li Vic, Cap. PI, and the part* thereof, resjicc- tively, in which the repealed word*, phrases and sentences are con- tained. VVottDS, rilRA.^ES AND SKNTCNrCN Sl-UtTltl'TKO VdR THOSE DV THIS AcT RKI'KAI.KU. Section 19'2.— Between for the opening, stopping up, altering, the words, " to make any By-law," nnd tlie words, "wideningor diverting." or to he cleciet elections to be the Actor Acts providing such held undet this Act." registration, until altered hy any Act as aforesaid ;. nod proviiled| also, that whether any such new| Act for regulating assessmetilKj in Upper Canada, shall or sli.ill nut be passed, prior to this Actj coining into force, the personsi hereinbefore described, as en- titled to elect and he elected under this Act, (until such newi Assessment l.:iw shall have| passed as aforesaid.) stiall be! thcie entitled to elect and be elected respectively. Provided always, neverthelesc, Firstly, That the value of the property by tlie provisions of this Sec- tion, required as the qualification of a 'I'owiiship C'ouncillor, shall be one hundred, instead of tJtrec 'hundred pounds, as heretofore required for District ('ouncillors ; and provided also, rjecoiidly. That In the case of all Township ('oiiiicillors. it shall I ■ «iitliclent qualification, If in lieu of sucli one Ir. • dred pounds of real property, they slitill Lc seized or possessed of real and personal property, which shall, together, amount to two hundred pounds ; {and provided alvo, Thirdly, That in the case of all jsiich Towns and Villr.^es as are laeily above inen- 'tioneiKeVery iicrson to he elected a Councillor for '.iiiy such 'iV)wn or Village, sh.nll be seized and possesifeil to his own use in fee, cf lands ana tenc- iiients wiihin the County or 1,'iijoii of Counties in which suth 'i'own or Villace shall be siiiiaie, or jwithin some one or other of the Counties or Unions of Counties, next adjoining such first nieniioned t'ounty or Union of Counties, of the real value of one liundreil pounds currency, over and above all charj^es and incumbrances due and payable upon or out of the same : and provided also. Fourthly, That U\ the Cities and 'i'owns in which, at the passi'ig of this Act, a proviiiion exists for the re- gistering of votes, the same shall continue and l>e in force until repealed, altered or amended by .i By-law of the Corporation of such City or Town ; Provided also, Fifthly, That whether any such new Act for regulating Assessments in Upptr (^nnada, shall or shall not be passed prior to this Act coming into force, the iieriions hereinbefore in this section described ns entitled to elect and t« elected under this Act, until such new Asseseineni Law shall have lieen passed as aforesaid, shall l.c those entitled to elect and be elected respectively > And provideil also. Sixthly, th.nl any Town, the .\.'t of incorporation of which had been disallowed or had expired before the first of .laiiuary. in the |vi'!irof our Lord one thnilsaiid eiL'ht hundred and jfif.v. sh.ill tw taken and held to be an incorixjratcil Town within this section. SCHEDULE B. TOWNS. l.—BetlevUlc, Toconsist of all ihat part of this Province situa»e within the County of Hastings, and lying within the following limits, t^at is to say : Commencing at the limits between Lots numbers six and sever, in ilie first concession of ihe Township of Thurlow, at low water mark of Schedule B. 148 CORPORATIONS AMENDMENT ACT. Pched. l; 0. the Bay of Quinte ; thence, northerly, along the side line between lots numbers six and seven, to the second concession road ; thence, westerly alopir ihe said second concession line to the westerly boundaiy of Lot nurrjerorio in the (irst concession of Thurlow; thence, southerly, on the town line beween the Townships of Thurlow and Sidney, to the Bay of (x^iiiiite ; thence, easterly, alon;^ tho shore of the said Bay to the place of bci^itiiiiuir ; tojreiher with the harbour, islands and marshes in front of the said Town. The said Town to be divided into four Wards, to be called respec- tively, " Sampson Ward," <* Ketcheson Ward," •' Baldwin Ward," and '* Culemau Ward," and to comprise the following portions of the said Town respectively, that is to say: The said " Sampson Ward " to comprise all that pait of the said Town vvhich lies to the south of Bridge-street, to the limits between Lots numbers six and seven in the first Concession of the said Town- ship of Thurlow, on the east side of the River Moira. The said '* Ketcheson Ward " to comprise all that part of the said Town which lies north of Bridge-street and west of Pinnacle-street, on the east side of the said River Moira. The said " Baldwin Ward " to comprise all that part of the said Town which lies north of Bridge-street and on the east side of Pinnacle-street, to the said River Moira, and thence, along the said River, to the limits of the said Town. And the said " Coleman Ward " to'comprise all that part of the said Town which liee on the west side of the said River Moira. SCHEDULES Substituted for parts of Schedule B of Twelfth Victoria, Chap. Eightij-onc. 5. — Cohourgy To consist of all that partof tliis Province situate within the County of Northumberland, and lying within the following limits, that is to say : Commencing on the shore of Lake Ontario, at the south-east angle of Lot number fourteen in concession B, in the Township of Hamilton; thence, north, sixteen degrees west, to the centre of Ine first concession of the said township ; thence, south, seventy-four degrees west, to the centre of Lot number twei.ty-one in the said first concession ; thence, south, sixteen degrees east, to the distance of half a mile from the point at which the said line intersects the margin uf the water on the shore of the said Lake ; thence, westerly, through the waters of the said Lake, following the direction of the curvatures, and keeping always at the distance of half a mile from the margin of the water, to a point where a line drawn southerly from the south-east angle of the said Lot number, fourteen in concession B, meets the said last mentioned line ; thence, northerly, in the direction of the said line so drawn from the said con- cession of the eaid last mentioned Lot, to the place of beginning. The said Town to be divided into three'iWards, to be called respec- tively, " South Ward," " East Ward;" and « West Ward." The " South Ward " to comprife all that portion of the said Town which lies south of King street. The said " East Ward " to comprise all that portion of the said Town which lieei east of the centre of the street between lots numbers sixteen ao^ seventeen, and north of King street; and between lots nee, westerly, jndaiy of Lot floulherly, on ey,to the Bay y to the place rshes in front salletl respec- klwin Ward," poitions of the it of the said limits between le said Town- art of the said lacle-street, on f the said Town Pinnacle-street, er, to the limits part of the said hap. Eight])-om. e situate within oUovving limits, ith-east angle of p of Hamilton; first concession ees west, to the ession ; thence, le from the point on the shore of the said Lake, always at the a point where a ,aid Lot ntimber, 3d line ; thence, n the said, con- jginning. called re&pec- ird." the said Town J)f the said Town Inumbers sixteen SCHEDULE B. The '* West Wanl " to comprise all that portion of the said Town •.vhich lies west of the centre of the street between Lots numbers sixteen and seventeen and north of King street. 12. — Pidon, To consist of all that part of this Province situate within ihe County of Prince Edward, and lying within the following limits, that is to say : Commencing on the south side line of lot letter A, at a distance of fifty chains from the front of the lot; thence, across the said lot, and across lot number one, north sixty-four degrees forty-five minutes east, to a post planted on the limit between lots numbers one and two in the tirst Concession, north of tlie Carrying-Place ; thence, at a right angle across lots numbers two, three and four in the said Concession; thence, along the north-east side of Lot number four, to the Bay ; thence, directly across the Bay to the line between lots numbers seventeen and eighteen in the first concession east of the Carrying-Place ; thence, rJong the water's ednsl.i : thk'uce, north, twenty -four def>rees west, to the rear ot the iirsl Conces- sion of the said Township ; thence, south-westerly, along- the Concession lifie to the limit belvcen the east anil west half of Lot nnmber live, in the first Concession of Angiista aforesaid : thence, south, twenly-four degrees, east, to the Kiver Saint Lawrence ; thence, north-easterly, along ihe water's eiigo, to the sonth-eastern angle of the said Township, to the place of begitming, and shall take in so much of tlie waters of the River Saint Lawrence and the land nnder the wharves and bniklinnj I'uilt in such waters as lie within three hnnilred yanls in every (iirectiun of the {n\Var(l8 respectively, I Town which he said Town eet, conlinut'd e lioad lo the the said Town IHjt, colli illUPj Shore Koaii, to rovince situiite ullowinj; liiints, lip of Auiiusta; le iJi'r'il (.'oiices- ; the Concession inimijer hve, in nth, twenly-four north-easterly, said Township, he waters of ihe -; and bnildiiiL'3 every directiun I of Prescotl. wards, in the jeen's highway et called Centre ne of the said iforesaid Street Ward, and to comprise the following portions of the said Town respec- tively, that is to Bay : The said Saint Thomas Ward to comprise all that part of the said Town which lies within the following limits : Commencing at the south-westerly angle of the said Town ; thence, north, until it intersects the allowance for road between the sixth and shall be furnished, verified and procured by the like persons and within the like times as is hereinbefore provided with respect to Towns; and the Common Council of each such City shall be formed of such Akler- men and Councillors in the same manner as the Town Council of any such Town sha'' i^ave in and with regard to the same, and all the rules, regulations, provisions and enactments containetl in this Act, as applied to Incorporated Towns, by way of reference to those provideil for Incor- porated Villages or otherwise, shi. II apply to each of the said Cities: Provided always, firstly, that the Mayor of every such City shall be electetl from among the Aldermen thereof; and provided always, secondly, that no person shall be tiualilied to be electetl an Alderman lo; any such Wartl who shall not at the lime of the Election be seized, to his own use, of Real Estate helil by him in fee simple, or in freehold, within the City for which he is elected or the liberties thereof, of the assessed value of live hnntlred pouiuls,or unless he shall be a'lVnant from year to year, m for .\ term of years, of Heal Property within such City or the liberties thereof, at a krna fiilv rental of sixty pounds per annum nr upwards, or shall bo in the receipt of sixty pounds or upwards, of yearly rent or profit accruing from or out of Real Properly within such City o; the liberties thereof; and provided always, thirdly, that no person shall CLAUSES OF lii VIC. CAP. SI, AS AMENDED. 155 oils nccesaary iwer. of every such y of any Town- s williiii and in ship shall havL' Deputy Town- jhoidcrs on the intilled to elect e other OlFicer«i thin and in res- other Ollicors ueh Township, 1 such Villages )unly in which Act contained :his Province tn Justices of the lieless, thai no )therwif"j inter- ihe Justices 01 ill be situate in nctj committed T the owners ol tusses, Carts and establishing the iner the prompt • of such Horses, [csby the parties ai»e-d rivers and easing pass- chicle. ^ard within the lie resident frue- ] and two Coun- JoUector's Roll> rsons and within to Towns; and I of such Alder- Council of any mil all the rules. ^ Act, as applied ivided for Incor- he said Cities: I City sluill be ovided always, an Alderman fo; )n be seized, to , or in freehold, thereof, of the )e a Tenant from lin such Cityot s per annum or wards, of yearly in such City or , no person shall bequalilieil to be elected a Councillor for any sucii Ward, who shall not, al the time of his Kleelion, be in like manner sei/eil to his own use of like JJeal Kstale, to the value of three hundred pounds, or unless he shall be a Teuuul from year to year or for a term of yx'ars, of lieal l'roi)eity within such City or the liberties tliereof, at a }iuHa fide rental of thirty pounds per annum or upwartis, or shall be in the receipt of thirty pounds 01 upwards of yearly rent or profit accruing from or out of l{eal Property within such City or the liberties thereof; and provided always, fourthly and lastly, that the Aldermen and Councillors aforesaid, shall be chosen by the male iiiliabil;uits being either freeholders or housfjholders who shall be entered on such Roll and who shall continue to reside within such Ward at the time of the Election, and who shall appear upon tlie said Roll to hav(! been assessed either as Proprietors or Tenants for a house or for land, or for both, to the value of fifty pounds, and by none other. iSec. LXXXVII. And be it enacted, That [the Aldermen of each City which shall be or remain incorporated as such under the authority of this Act, shall by virtui; of their respective ofilces be Justices of tlio Peace in and ibr such City and the liberties thereof, and that from the time of the erection of any Tcnvn into a City,] any and every Commis- sion of the J'eace, that may have been issued for sucli Town shall cease and determine. SjlC. L'XXXVlll. And be it enacted, That there shall bo in and for each of the Cities which sliall be or remain incorporated as such under the authority of this Act, besides a Chief Constable, as provided with respect to incorpo-ated Towns as aforesaid, one High Haililf, who shall be.appoinied annually [by the Corporation of such City, who may by By-law, if they shall ileem it expedient so to do, provide that the ollices of High IJailiir and Chief Constable may be united in and held by th« same person.] Sec. XCHf. And be it enacted, That besides a Police [Ofilce and Police Magistrate as provided with respect to incorporated Towns as aforesaid, and which Police Magistrate shall have the like duties and powers in all respects in such City and the liberties thereof as is herein provided with respect to the Police] and Magistrates for incoiporated Towns as aforesaid, there shall moreover l)s a Court of Record in (Mich of the Cities, which shall be or remain incorporatcul as such umhsr the audiority of this Act, which Court shall be calhid the Recorder's Coint of such City, and wherein the Recorder for the time being shall preside, assisted by one or more of the Aldermen of such City, or in the absence of such. Kecorder from sickness or other causes, or when there shall ha no Recorder, the Mayor or one of the Aldermen of such City, tobeelecteil by the Aldermen from among themselves, shall preside ; and that such Court shall in all cases possess the like powers and have the like juris- diction as to crimes, oilences and misdemeanors committed in such City and the liberties thereof as the Courts of (Quarter Sessions of the Pe;ice now have or hereafter may have by Law in U[)per Canada, aslocrimes, olfences and misdemeanors committed within their local juri'^diclion, as well as in all those matters of civil coniiern not beloniring to the ordinary jurisdiction of a Court of Justice, as have been or may hereafter be by Law vested in such Courts of (juartor Sessions of the Peace. Sec. XCV. And be enacted, That the inhabitants of every such City erected or to be erecteil under the authority of this Act, and of the liber- ties thereof, at all times after the passing of this Act, or after the Ihst day of January next after the end of the three calendar months fiom the te*le of the Proclamation erecting sucft City, as the case may be, shall be exempt from serving on Juries at any other than [the City Courts or I'roviso : (jiirilifi (•atioii of Conn cillors, Uiiriliiication of (•Icriom. ''otiiiniKsions or Uic I'fiice to i-'.Miic on erection of a City. I'liii'f roiistahli- Miwl IliL'li llailitl to l)(! il|l|l()lllt('ll. A Kcconlcr's 'Vjiirt to hiM't'lati- lislicd for each Ciiv. Who Slirill pt(..- t sworn or afiirn afiirmation of o then the Head , or in case of hi- of such Munici last mentioned poration for the hand and seal, new election to 0/licer shall ace of such Warrant rant shall bo em the place of the sworn or allirini! necessity for sue immediate orgn their procfodini Sec. CLXril' in any of such I\ against the legal by an election to Officer under the poration, or in under the hand CLAUSES OF 12 VIC, CAP. 81, AS AMENDED. 159 members of wt'ul for the ;h members ; h Municipal noval of the elLunod, and (locteil, shall es within the pal Corpora- Dse of causin;: hall have all lipal Corpor- ; death ; And nons shall be id against, or 3stioned, shall 1 also, fourthly, isl whom any all be brought, ith such writ. I the Clerk of ir of the otftce alure of a quo my right to the r the Township (or as the case ! all defence of e been proved son had been a lidate for such ,6 discretion of \ of every sucl' claimer to the hall be contest- ler members of , That in any ^om such writ oppnnunity for as a Municipal aid election am! U be liable and liy be lawful to: ]ommoa Law a; be by them for IS occasion may \x of Summons, ^r other kind or •cting the suing hment of those [ene rally for the lane, in hearins; Iresaid, and the lime by any new 'or amend such iner as they are] rartiesi interested may rciiuire ot 'I'own-C'k'rks. &c., copies of l!y-f .aws. on payini? a reasnn- aLJe fee therefor. may lie moved U' quash any lly- law. Proceedings tiiereoii. Provision as \u actions for lhins!8 (lone iindtr 15v-law9, Amends may be tendered. now by Law empowered to do for the regulation of the practice [of the Courts in matters within their ordinary jurisdiction.] Skc. CLV. And be it enacted. That it shall be lawful and competent to and for any resilient of any Township, Village, Town, City or County in Upper Canatia aforesaid, in which any By-laws shall be passed, or for any other pei.son having an interest in the provision.'^ of such Hy-law, to apply by himself, or by his Attorney, for a certified copy of such By- law, and the Township, Town, Village, County or City Clerk shall, upon such application and upon payment to him of his fee therefor, within a reasonable time, furnish a copy of such By-law certified under his Hand and the Seal of the Municipal Corporation of which he is the Officer, [and either of Her Majesty's Superior Courts of Common Law at superior roun^ Toronto] m.'ty be moved, upon production of such copy, and upon afildavit that the same is the copy received from such Township, Town, Village, County or City Clerk, to quash such By-law ; and if it shall appear to the said Court, that such By-law is in the whole or in part illegal, it shall and may be lawful upon proof of service of a rule upon the Corporation, to shew cause, within not less than eight days after such service, why such By-law should not be quashed in the whole or in part, to order Buch By-Law to be ([uashed in the whole or in part : and if it shall appear to the said Court that such By-law is legal, in the whole or in the part complained of, to award costs in favour of the Corporation, or otherwise against such Corporation ; and that no action shall be sustained for or by reason of anything authorized to be done under any such By- law, unless such By-law or the pan thereof under which the same shall be done, shall be quashed in manner aforesaid one calendar month pre- viously to the bringing such action ; and if such Corporation, or any person sued for actinir under such By-law, shall cause amends to be tendered to the Plaintiff or his Attorney, and upon such tender being pleaded, no more than the amends tendered shall be recovered, it shall and may be lawful for the said Court to award no costs in favour of the Plaintiff, and to award costs in favour of the Defendant, and to adjudge that the same shall be deducted out of the amount of the verdict. Sec. CLXIL And be it enacted. That in case any of the persons so aeclared to be elected, shall neglect or refuse to accept office, or to be sworn or afiirraed into office, within the time in which the oath or aflirmation of olfice is required to be taken, as hereinbefore provided, then tlie Head [of such Municipal Corporation for the preceding year, or in case of his absence or the vacancy of such office, then the Clerk of such Municipal Corporation ; and in case of the like vacancy of such la5t mentioned office, any one of the members of such Municipal Cor- poration for the ])receding year] shall forthwith by Warrant under his hand and seal, directed to the. Returning Oificer, require him to hold a new election to supply the place of such person, which such Returning Officer shall accordingly do within at least eight days after tlie receipt of such Warrant, and the person who shall be elected upon such War- rant shall be entitled and bound to be sworn or atlirmedas Councillor, in the place of the ])erson refusing olfice, or neglecting or refusinn- to lie sworn or alfirmed as aforesaid : Provided always nevertheless, that the necessity for such second election shall not preventer interfere with the immediate organization of the Municipal Corporation for the year, or their proceeding to Imsiness as if such seat were not vacant. Sec CIAlll. And be it enacted, That all vacancies which may occur in any of such Municipal Corporations [by death, a judicial decision against the legality of any election, or otherwise however,] shall be filled by an election to be held under a Warrant directed to the Returning Officer under the hand and seal [of the head of such Municipal Cor- poration, or in case of his absence or the vacancy of such office, then under the hand and seal of the Clerk of such Municipal Corporation j If the person elected refuses to tali! ting the whole number of Aldermen and Councillors, when thd V. ; \u ber shall be deficient, from amongst the qualified freeholders auL eorj^e the Third, force relative to ce, and further to s and other rate- the said Parlia- tuled, An Act to ng out, amending this Province — jnd SeHsion held ,h, and intituled, c fftij-ninth year veal part of and keeping in lepair also to amend an )i, inlitul'd, ' An a repair the Puli- the Laws now in iinentj passed in peal part of and }fs Reign, intitu- ketping in repair ) 7 ■^ttfUtiL lit I t/^wt' eped the Laws ASSESSMENT ACTS REPEALED. now in fori I' for that ptirpnsCf and also to repeal part of and amend the provisions of an Act piissrd in the ftftij-ninth ipar of His late Mnpstifs litii^n, intitiiUd, ' An Act to rtfHal part if and iim>nd the Laws now in lorn: for lnjiing out, amending atid keeping in repair the Public Highways tind Roads in f/iw Prorince,^ — and the Act of the said Parliament, passed in llie sixth year of the liei^jn last afcresaiil, and intituled. An Act to iimcwl and make permanent a certain Act of the ParUamtnt of this Pro- vince, passed in the liftij-ninth year of the Reign of His late Majesty King (lijorge the Third, tntitnlrd^ * An Act to repeal the several Laws nov) in farce relative to levying and collecting rales and Pouiuls jier annum shall be asses.sed for a less .«iim a- the amoiiuL of his nelt taxahle iier. t^tMiernlly, aiul tioi on atiy kind in [iiirticLilar. In what place- real property uliall beassegDot. and againit whom. A^ to )ultn owtmr: ur a<:4U« paiitti. Remedy ofoccu* pHiii paying iaxe>i. 108 ASSESSMENT ACT. unless there be a special agreement between the occupant and the owner to the contrary. What shall be VIII. And be it enacted, That unoccupied lands not known to be deeint-d lands of owned by any party resident or having a legal domicile in the Town-- non-.j»i ems. ship, Village, Town or City where the same are situate, or belonging to any party whose residence or domicile, upon diligent enquiry by any Assessor of such Township, Village, Town or City, shall not be found therein, shall be denominated "Lands of non-residents," and shall be assessed as hereinafter provided. Where personal IX. And be it enacted. That every party shall be assessed in the rf operty ahaii be Township, Village or Ward where he actually resides when the assess- aisesiii' J ami • i i^ 1 1 i i i • i • n agaiiiat whom. wient Js made, lor all ta.\al:)le personal property situate therem owned by him, including all taxable personal property in his possession or under his sole coiitroul aa trustee, guardian, executor or administrator ; and in no case shall property so held be assessed against any other parly, and if it be owned or pcssessed by or under the controul of more than one party, each shall be assessed for his share, or if they hold in a represeiitatire character, then each shall be assessed for an equal poi- tion. Tnxahie year to ^- ^^'^ ^'^ ^^ enacted, That all taxes -which have been or which shall: corre^iwii.i with be levied or assesed in Upper Canada during the present year, shall be tiie natural year. j^g]j ^pj t^ijefj to be the taxes for the year endins; the thirty-first day of December, one thousand eight hundred and iifty ; and thereafter the taxes levied or assessed for any year, shall in ajl cases be considered and taken to have been imposed for the '.hen current year, commencing, •with the first day of January, and ending with the thirty-lirst day of December, jnless othervvise expressly provided for by the enactment or by-law uti'.'er which the same is imposed or aufhorJiAed or directed to be levied. XI. And be it enacted, That the sums which shall be required by law. bv any by-law of any Township or County, for any lawful purpoi ,. shall and may be taxed, rated and raised upon estimate of the amount required for any such lawful purpose for each year in which such tax is to be levied ; but in Cities and incorporated 'J'owns or Villages, the ta.tie8 shall be imposed by by-laws declaring the yearly rate in the pound to be levied on the yearly value of all taxable property, and the yearly value of taxable personal property shall be held to be six per cent, on the assessed actual value thereof. As to nny surplus XII. And be it enacted, Tliat whenever thr; atnount of taxes which iimo!mraiaedfor '''^^^'^ ^ assessed in any Township or County, incor]iorated Village,. any purpose. Town or City, for any pnirpose, shall exceed the charges for such pur- jwse, the overplus shall remain at the credit of suidi Township or County, Village, Town or City, and shall go to tho reduction of tlie tax for the same purpose for the succeeding year, or if such purpose .shall liave been accomplished then to the reduction of such other tux as the Munici]Tnlity, or Council of such Township or County, Village, Town or City shall think fit to direct ; and if the {tmount of taxes whicli .sliall be .so assessed for any purpose, shall be less than the ehaiges for such purpose, such deficiency shall go in increase of tho tax for such pur- inciticiorincor- pose in the Succeeding year j but in Cities and iticorporaleil Towns or corporaied towns Villages, the' amount asstjsseil and levied shall form part of the general Taxes in lown- s.iips ami coun- ties to Ije by estimate. In other places by yearly rate in the pound. or villages. Whit shall be deemed ilie year- ly value of lands, 4c. Exception. funds at the Ji.sp)*al t>f the Corporation, unless otherwise specially appropriated. XIII. Aiid be i'J enatieil, That the yearly value afofe.«aid of real pro- perty in Citie* or iworpwated Towns or Villages, shall he the real rack" rent or ful) yearly v»lue thereof, to be a.scertained by the asses.sors in the manner heittitkafter provi.ied, for each »ep«rate tenement ; »)xepi against eac lant and llio nown to be the Town-- beloiii^ing to ]uiry by any lol be found and shall be ssed in the 1 the assess- aieiu owned )ossession or Iministrator ; st any other roLil of more ley hold in a Lu equal poi- • which shall car, shall be y-first day of lereaflcT the 3 considered [commencing', -lirst day of enactment or r diiected to ed by law. ful purpoi ,. the amount 1 such tax is ^^illages, the rate in the rty, and the be six per taxes which ed Villai^e,. r such piir- ownship or u of the tax urpose ^hall r tax as the a^e, Town which shall les for such )r such pur- 1 Towns or the general specially of real pro- le real rack" iisspssors in ent \ except ASSESSMENT ACT. that if more than one-fourth of an acre of land be attached to any house or building forming a separate tenement, the overplns shall be held to be vacant ground, the full actual value whereof shall be estimated by the assessors, and the yearly interest on such value at six per cent., per annum, shall be deemed its yearly value. XIV. And be it enacted, That for and notwithstanding any thing in the Act last above cited, or in any Act or Law to the coutrary, the num- ber of assessors or collectors to be appointed in and for any City, Town, Village or Township, shall be one or more, in the discretion of the Municipality or Council thereof; and such Municipality or Council •nay in their discretion appoint the same assessor or collector to act in and for any number of wards or for the whole of any City or Town. XV. And be it enacted. That the Municipal Council of any Town- ship, City, Town or Village, may, if they deem it expedient, divide the same into convenient assessment districts, and may assign the assess- ment district or tlistricts within which each assessor shall act, and may prescribe such regulations for governing the assessors in the perform- ance of their duties as shall not he inconsistent with this Act, or with any law in force in Upper Canada. XVI. And be it enacted. That between the First day of February and the First day of April, in each year, the assessor or assessors for each Township., Village or Ward, shall proceed to ascertain by diligent enquiry, the names of all the taxable inhabitants and parties in their respective Townships, Villages and Wards, and also all the taxable property within the same, and its extent, amount and value. XVII. And be it enacted, That the assessor or assessors for each Township, Village and Ward, shall prepare an Assessment Roll, in which shall bo set down in separate columns, and according to the best infor- mation in their power, the names of all taxable parties in the Township, Vilhige or Ward, with the extent or amount of property assessable against each, and containing the particulars mentioned in the Schedule B, for each of the items whereof the Assessment Roll shall contain a separate column. XVIIT. And be it enacted. That it shall bo the duty of each party assessable in any Township, Villa^-e or Ward, if required by the assessor or by one of the assessors, if there be more than one, to deliver to such assessor a stati-ment in writiuLT signed by such party (or his Agent, if such party beal)st.Mit) and containing ail the particulars respecting the property or income assessable aufainst such parly which are required in the Assessment Roll ; and such staten. ent shall he declared to by such party or his Aijent before the assessor; or, if there be more than one assessor, before any one of them, in the following form : " t, A. H., do solemnly declare that the foregoin*; statement contains "a full and true account of all tnxahle property and iiirnme assessable " against me {or against C. D.,) in the Township, (Village o?- Ward of " ) and that the amount or values {or yearly values) therein "assigned to the same, are the full and true amount and value {or yearly " value) thereof, to the best of my knowledge and belief; {and if I he " dfclaration he made hij an Ai;ent, add : and that I have the means of "knowing and do know the extent ami value of the property assessable " against the said ") : And any wilfully false statement in any such declaration, shall be a misdemeanour punishable as perjury; and if any such assessable patty shall fail to debver such statement and declaration to the Assessor or one of the Assessors when thereunto reriuired. such person shall thereby forfeit to the Municipal Corporation of tho Village, Town, City or Town- 169 Number of .i«b- etisorH or collet- toiB how fixed. Locality may li; (livi((e(l into aci- essinpnt Dis- tricts, &c. When the assei- 90t» shall make out their rolls, Form ot' asgesi- iiient rolls, anil th"ir contents. Stntctnotit to l^i; fiiniisluvl to as- si'ssurs hy parties unsessal'le. F;ilie FtatrmtMU to liu I'liiiislinljlf as perjury. I. 170 ■lOVlEO. As to persons as- sessed in a rei)re- seiitative cliar- inler. How lands of neii-rewidents sliall be entered 111 the rolls. Assessed vnliic Id lie till' Cull v;;|i|e. 'I'liv instrai! of ■laiiite lalwiir in i*itil'S,'llid tO'V.i-l, ASSESSMENT ACT. 3'xip, the sum of Five Pounds currency, to be recu\ -"xeO. 38 a de A dtie to ;,uch Mimicipal Ccrporatioa in anyway in v hich dtbh f]ve to it can be recovered : Provided that no such statement sha'' biici vKp Assessor or Assessors further than they shall from tLtir person.ii kriwledge, believe the same to be correct, nor shall it excuse them from making due inquiry whereby to ascertain whether it is or is not correct. XIX. And be it enacted, That when a person shall be assessed as Trustee, Guardian, Executor or Administrator, he shall be a.sses'^ed as such with the addition to his name of his representative character, and such assessment shall be carried out in a separate line from his indi- vidual assessment, and he shall be assessed for the value oi the real estate held by him, whether in his individual name or in conjunction with others in such representative character, at the full value thereof, and for the taxable personal property held by him in suc^h character, at the full value thereof, or for the proper proportion thereof, if others, resident within the same Municipality, be joined with him in such repre- sentative character. XX. And be it enacted. That the lands of non-residents shall be desig- nated in the same Assessment Roll, but in a part separate from the other assessments, lieaded " Non-residents' Land Assessments," and in the manner following, that is to say : If the land to be assessed be a tract not known to be snb-divided into lots, it shall be designated by its boundaries or other 'iilrliigible des- cription: If it be a tract which is known to be sub-divided int(> lots, or be part of a tract known to be so sub-divided, the Assessors shall proceed as follows : They shall desijjnate the whole tract in the manner above prescribed with regard to undivided tracts : If they can obtain correct information of the snb-div'sions, they shall put down in their assessment rolls, and in a first colunis;, ail the unoccu- pied lots owned by non-residents, by their numbers and names alone and without the names of t' • fawners, beginning at the lowest number and proceeiliii;i- in numeri .1 or.ler to the highest : in a second column, and opposite to the nurabet "T ,,ich lot, they shall set down the quantity of lantl therein liable to taxation ; in a thirtl column and opposite to the ([uanlity, they shall set down the value of such quantity, ami if such ([uantily be a full lot, it shall be sniiiciently desin^natod as such by its name or number as aforesaid, but if it bo part of a lot, the part shall bo designated by boundaries, or in some other way by which it may be known. XXI. And be it enacted. That all real and personal property liable to taxation shall be estimated by the Assessors at its full value, (ur full yearly value, as the case mn.y be) as they would appraise the sfime in payment of a just debt due from a solvent debtor. XXII. And be it enacted. That every male inhabitant of any City, incorporated Town or Village, of the age of twenty-one or upwards, ami not over sixty, not otherwise assessed, and not now exetn|)ted by law from performing statute labour, shall instead of such labour be taxed ten shilliui?'^^ yearly, to be levied and collected in the same manner as oher loLtal taxes, to the use of the corporation oi the place ; and the Assessors shall return on their Rolls a list of the persons liable under this se'^tinn, and shall give them like notice with other ])artii's assessed ; !'nd the Clerk of the Corporation shall enter their names and the sum for which they are taxable, on the Collection Rolls, and the Collectors shall collect and pay over the same in like manner as o*her taxes: And mat every m and not othe oa the lioadj upon the ass party be ass( At not moi At more tl [0 three day; At more t and Fifty Pn At more tii Hundred Poi At more th Pounds, to si At more ih Pounds, to se At more th; Pounds, to ei At more th 'ounds, to ni At more th; "ounds, to tei At more th; 'ounds, to tw And for ev( Pounds, to on 'hall luive dir alien of such :othe said ta.\ '0 be paid i Municipality law to oppiali increase the ii the assess me Provided, sec Mi J sum of t(_" fess, shall be ■'hinicipal Coi mit the olleiK Mceeding si.v xxrri. Aa, !ie\t preccdin; Himmutod for iay's labour, f 'lit' said rate, ; ■ osncclively, , XXIV. Auc Assessment U( Municipality i ,XXV. An. ilicr the cotuj ;"id resident 'rownsliip, a n Pt'ityaiul of th i'een assesed 1 XXVr. And tlii'ir Rolis, th.. a de jt (Ice ve to U can ihe Assessor kr;>wled;Te, rom making ect. assessed as asses'^ed an laracter, and 3ni bis indi- 3 oi the real 1 conjunction aliie thereof, character, at of, if others, .n such repre- hallbedesig- from the other " and in the b-divided into c!Ji£?ible des- ots, or be part .11 proceed as )ve prescribed ins, tliey shall 1 the unoccu- luimos alone iwest number coiid column, n the quantity pposite to the y, and if such sucli by its the part shall ich it may be lerty liable to line, (or full the same in of any City, mnvards, ami liplod by law loiir be taxed IK! manner as ai't) ; and the hable under I ic.-i assessed ; . and the sum tlie Collectors ;r taxes: And i ASSESSMENT ACT. 171 Staff !(; i.ibour 'i ;iwnsliip!^. i .irtiea not as- sessoil . I'anies assessed. mat every male inhabitant of any Township botwcrr '^vj a^es afoiusaid and not otherwise assessed, shaii be Ii;ib'e lo two days of Ptatute laboiu- oa the Roads and Highw.. .s in such Township ; and every party assessed upon the assessment Koii of any Town-sliip shall, if tlu! property of sucii party be assessed — At not more than Fifty Pounds, be liable to two days of labour ; At more than Fifty Pounds, but not more than One Hundred Pounds, !0 three days labour ; At more than One Hundred Pounds, but not more than One Hundred and Fifty Pounds, to four days labour; At more than One Hundred and Fifty Pounds, but not more than Two Hundred Pounds, to five days labour ; At more than Two Hundred Pounds, but not more than Three Hundred Pounds, to six days labour ; At more than Three Hundred Pounds, but not more than Four Hundred Pounds, to seven days labour ; At more than Four Hundred Pounds, but not more than Five Hundred Pounds, to eight days labour ; At more than Five Hundred Pounds, but not more than Six Hundred Pounds, to nine days labour; At more than Six Hundred Pounds, but not more than Eight Hundred Pounds, to ten days labour ; At more than Eight Hundred Pounds, but not more than One Thousand Pounds, to twelve days labour; And for every Two Hundred Pounds above the sum of One Thousand coinniutntio'; Pounds, to one days labour, unless the Municipality of such Townshii) ■iiall hav^e directed by Hy-law that a sum of money be paid in conimu- :ation of such labour, in which case all the provisions of this section, as !') the said tax of ten shillings, shall apply to the commutation money :« be paid under such By-law : Proviiled always, llnstly, that tiie .Uunicipality of any City, Town, Village or Township, may, by Py- law to opprato generally and rateably, :''duco, and at their discretion increase the number of days labour to which any such paity rated on the assessment Roll, or olherwi.se, shall be liable under this Act : Provided, secondly, that in case no distress, sullicient to satisfy the ■^aiu sum often shillings and the expense of issuing any warrant of dis- '"•ess, shall be found, it .shall and may be lawful for the head of any such Municipal Corporations before whom complaint shall be made, to com- mit the oflender to the Common (iaol uf the County for any time not e.vceeding six days, unless such sum and costs shall be soou' paid. XXin. And be it enacted. That the statute lai)our mentioned in the next preceding section shall, as against non-residents, be and is hereby commntod for the sum of two shilliricrs ami six pence ciu'iency for each 'ay'.s labour, and the sum to wlii /li such statute labour .shall amoinit -it iiie said rate, shall he added to the taxes payable by such niiii-re^itlcnts lespc.'ctively, and collected as other taxes under this Act. XXIV. And be it enacted, That the A.sses.sors shall complete their Assessment Polls on or before suci day in every year as the Council or Municipality of the City, Town, Village or 1'ownship shall appoint. XXV. AnA be it enacciHl, T!:at tlu; Assess(H's shall also iinin."iliriloly after the completion of their Roll, leave for every jiarty mimed thereon and resident or domiciled within the City, 'I'own or X'iilnLie or Township, a notice of the actual or yearly value at which his IkwI pro- perty and of the sum at which his taxable personal property shall havo iieen assesed by them. XXVI. And bo it enacted. That immediately after the completion of their Rolls, the A.«sessor, or if there bo more than one, the As.st'ssors, oi- I'rovJM.) : sintiiic l.iiioiir iiiMV liC re- duced liy l.y-l:i^v I'lOViso : 'i i!i-!rc--s C- t'oiiiid. .\s to sln;iii(.' h- liuiir pi riunn.'ililc 1)V iiuii-re^idciii.-i. 'I'iiiio !'or coiri- plctiii!; .■isi<('s>- iiieiit r 'lis. .Vol ice 1 ) r-.rii"' a»scf.> (k'l'iiimg theriiM'lvcs ny- (i'^ii'ved. iiiiil court lor trying it appointed. HvidcMcc 1 1', -my p;irty lins lew. lJi)!l liiKillv rcr ti:ii.'d to 111-' bill J- 111,'- ProviU.'} : a.-" to ASSESSMENT ACT. a majority of them, shall sign the Assessment Roll, first attaching thereto a certificate signed by them, in the following form : ** I do (or we do severally) certify, thai I (or we) have set down in "the above Assessment Roll, all the real property liable to taxation *' situate in the Township, Village or Ward of " (as the case may he) and the true actual (or yearly) value thereof in ** each case, according to the best of my (or our) information ;ind "judgmenl: and also that the said Assessment Roll contains a true " statement of the aggregate amount of the taxable personal property of *•' every party named in the said Roll ; and that 1 (or we) have esti- *' mated the same according to the best of my (or our) information and "belief." XXVII. And be it enacted, That the Roll thus certified shall, on or before such day as the Council of the City, Town, Village or Township shall appoint, be delivered by the assessor or assessors to the Clerk of the Township, (Village, Town or City as the case vmij be,) who shall lay the Roll before the Court of Revision hereinafter mentioned. XXVIII. And bo it enacted, That in case any party shall deem himself (jvercharged by ihe assessor or assessors in his or their Roll, he or his Agent may, within six days after the notice aforesaid shall have been left for him as aforesaid, or if he be a non-resident, then within six (lays after the Roll shall havt^ been returned to the Clerk, notify thu' Clerk of the City, Town, Village or Township, in writinir, of such overcharge, and the complaint shall be tried by a Court of five Mem- bers of the Cily, Town, Village or Township Municipality or Council, to be appointed by such Municipality or Council, and at such time as tlie saitl Court shall appoint, reasonable notice of such time being givnii to the complainaiU and j the assessor or assessors who made the lioll ; and the Court after hearing the complainant and the assessor or assessors and any witness adducetl ]iy either of them, upon oath, o: wiihout lieaiing either of them who shall fail to appear, shall iinally delermine the matter and affirm or amend the Roll accordingly ; and any three or more Members of the Court shall be a qiiorinn, and any ir:!iority of a quorum may decide all ([uestions before the Court; and if aiiv two Members of the Municipality or Council (whether Members ot" tile said Comi nr not) shall think that any party has been assessed too low, the Cl'.Mk sliall, on their retpiest in writing, give reasonable notice to such parly andio the assessor or assessors, of the time when the matter will be tried liy the said Court, or if such party be a non-resident, shall insert such notice in some newspaper published in the City, Town, ^'illa20 or Township, or if there be none, then in one published at Uie nearest place in ihe County, giving in such notice either the nancj ')i I'le parly or a geneial description of the property if tlie name be nut on tin; Roll, and inserting any number of such ininies or ileseriptions in tiic.-iame advertisenieni ; and the matter shall be decided in the same JViunucr as complaints by a party assessed; and the Roll as Iinally jias^eil by ihe said Court and certilied by the Clerk as so passed, shall be valid imd sliaU bind all parties concerned, notwithstanding any defect ■ r onor cuinniitted in or with reganl to such Roll : Provideil always that reasonable notice under this section, shall be nndorsto(,Hl to mean a notice in writing from the Clerk of the Coiporation, to lie left at the resilience ol the parly to whom it is addressed, if known and within the limils of ihe Municipality ; or if nol so resident, then with any grown person on tlu; premises assessed, or where any of the personal property assessetl shall be, or addressed to such j)arty through the Post Othce, .■^nch notice being so stjrved, or posted, at least three days before tlu time when the matter i-^ to be tried by the said Court. XXIX. power to assessed, 1 more thai assessmen poverty sh of any gro Court, sha the sum hi taxes due seem mee them in tli such By-la Village or to repeal o be the dut each year Town or been so dir purposes ; Clerk of e with after transmit, n or yearly v ;ind of tiio lively, as such Roll Municipal XXXII. Ihe City, 'i the Towns! case may assessed.— —and Ihe as the valu revision true valuat lots, part-h revision or amount for dent is elia Municipal first attaching m: \'e set down in ible to taxation, ^alue thereof in nformation d to mean ;i be left at the n and within the witli any grown personal property iho Post Olhce, days befoiu th( ASSESSMENT ACT. XXIX. And be it enacted, That the said Court shall also ha%'e power to receive and decide upon any petition from any party assessed, for any tenement which snail have remained vacant during more than three calendar months, in the year for which the assessment was made, or from any party who from sickness or extreme poverty shall declare himself unable to pay his taxes, or who by reason of any gross and manifest error in the Roll as finally passcul by the Court, shall have been overcharged more than twenty-five per cent, on the sum he ought to have been charged, and to remit or rpiluce the taxes due by any such party, or to reject such petition, as to them shall seem meet and right, unless some By-law shall be in force to govern them in this behalf, in which case they shall decide in accordance with such By-law : and the Council or Municipality of any City, Town, Village or Township, is hereby empowered to make such By-laws and to repeal or amend the same from time to time. XXX. And be it enacted, That the said Court shall have full powerto meet and adjonrn from time to time at pleasure, and the Court or any Member tliL-ieof may administer an oath to any party or witness, or may issue summons to any witness ro attend such Court ; and if any witness so summoned shall fail to attend, (being tendered compensation for his time at the rale of Two Shillings and Six Pence a day), ho shall incur a penalty of Five Pounds, to be recovered with costs by and to the use of the Corporation of the City, Town, Village or Township, in any way in which penalties incurred underany By-law thereof may be recovered ; and the Clerk of the Corporation shall be the Clerk of the said Court. XXXt. And be it enacted, That in every case in which any sum is to be levied for County purposes, the Municipal Council of the County shall by l^y-law direct what portion of such sum shall be levied in each Township or incorporated Town or Village in such County ; and it shall be the duty of the County Clerk belbre the First day of Aultusi in each year to certify to the Clerk of each Township, or incniporated Town or Village in his County, the total amount which shall have been so directed to be levied therein in the then current year tor County 173 Court mny make reductions in ecr- inin cai>C8 of hardsiiip. C'ertnin powers vested in ilie Court. purpose.' and for the gUKlaiice of such Municipal Council, the III taxes tor county purposep, the sum p;iy.'ilile liy each township &c.. to he C.xeil by Uy-law. (,^onnty Council to h.Tve copies of nssessiiient rolls for their uuid- uuce. i'roviso. Clerk of each incorporated Town, Village or Township shall forth- with after the linal revision of the Assessment Rolls for the >ame transmit to the Comity Clerk a statement of the aggregate value or yearly value, (as the case may be) of all the taxable real properly, and of the amouul of all taxable personal piopertyoii suchfiolls respec- tively, as linally revised and passetl ; but the failure to tiansniit any such Roll shall not allect the validity of any By-law of such County Municipal C'ouneil. XXXII. And 1)0 it enacted. That it shall be the duty of the Clerk of cier)tion in proportion to the amount due on them respectively; red to him within fourteenth day of year astheMuni- iall be the duty of Treasurer of the d to pay over the meiitidned in the jctor sliall Dot be iiship. Village or the' City Charn- t of all the taxe? tlie Collector f*hiill m wliy he con Id s " non-residenl" ipoii making oath lenlioned in such font enquirybeen n the possession of ivhereon he could thereof, and the Treasurer orCily uch taxes remain aty of the proper )\h by him to the t'liship, Village, or 3Ct copy of each idenls ; and such ;)ok to be kept by poll ^Lich land". f the Collector'? iter in the said uch lands by the siluate, and he appear to have if the said County ds in each Town- hall rennain due (uishini^ in sepa- respei'tively, the nr Townsliip, Vil- of such County e receipt of such the Post to the itively, on which illinp; upon such ways, that in any shall not be able id list is, or where Chamberlain to nee, a list of such d calling on the ation against the hem respectively; ASSESSMENT ACT. wd such GXponses shall be levied on such lands With the taxes due on iiunti, and with the same advantage of privileged lien. XLVI. And be it enacted, That the Treasurers of the several Coun- I lies in Upper Canada, shall on or before thtJ first day of January, one iMU.«and eiglit liumlred and fitty-one, make out and submit to the I Municipal Council of ihe Couniy, a true list of the lands in their Coun- i;b5 respectively, or in any Cities or the liberties thereof, lying within I !iie limits or on the borilers of such Couniy on which anytaves shall lien remain unpaid, slalin;,' tlie number of acres in each lot or part-lot, lescribing llie same as hereinbefore prescribeil with reyard to such \ui*, the number of years for which it is in arrears for taxes, and the Umount of ta\es due on rtach lot (ir part-lot respectively, both for taxes iiargeable under tiie W'iKl Jjand Assessment Law, and fur assessments I ijfffuliy imposed under 13y-hiws of the Municipal Councils, together wiih the names of the owners respectively, as lar as such Treasurers Ixay be enabled to ascertain the same ; and the said arrears shall be ceititieil to the Cleik of the proper locality by the County Clerkj and >h;i!l be added to the Assessment Koll for the year one thousand eight iiindrsd and lifty-one, and collected in like raanner, and the proper pio- Iportions of the moneys so collected shall be accounted forandpaiii over ,11 the Treasuieis of the several Municipalities for the purposes for hhich they were originally iinpuseil. XLVII. And be it enacted, That in all cases where any Township or iLwHships, or any part or parts thereof, shall have been detached from Iwy District or County for the formation of any new District or Couniy, hncc the pnj*sinir of the Wild Land Assessment Law, the Treasurers of leacli of such Districts or Counties respectively, shall, on or before the psi (lay of January, one tliousand eight hundred and fifty-one, meet lii/j'ether at some convenient place to be agreed upon between them, and liTiake up H correct list of the arrears of taxes due on the lands in such iTownships or pans of Townships respectively, up to the periods aC hhich such lands became pa(ts of the said nevr Districts or Countiesy lanJ it shall be the duty of the Clerk of the County in which the, Town- lihip then actually lies, to inchule the amount of snch arrears of taxea- las aforesaid due in the Township in his list of arrears of *axe3 due on jiJch lands, respectively, for the year one thousand eight hundred and 1%-one ; and it shall be the duty of the Treasurer of the County to- [pay over to the Treasurer of the County from which (or from the Dis- l."ict subsequently forming it) such Townships or parts of Townships "•ere respectively detached, that portion of the said arrears accrued ifhile the Township was part of such District or County, which is by law applicable for County purposes, reserving for the use of his own "unty that portion only of such arrears which is applicable for the im- ji'ovement of the Roads and Bridges in the said Town-ships respectively j psaid payments to be made as aforesaid, on or iel'ore the first day of [anuary, one thousand eight hundred and fifty-t'R-o. XLVIII. And be it enacted, That the County Treasurer or City Cham- «r]ain shall, within thirty days after the Collector has made his return, [sue a warrant under his hand and seal, directed to the Sherif!" of the' unty or High Bailifl of the City, comma>nd'iing him to levy on the W lands of non-residents for the amount of the taxes then reraainins" Me thereon, with his costs. IXLIX. And be it enacted. That the Sheriff or High Bailiff to' whom- h \Tarrar7t is directed, shall, within the then current year, cause Vh'e \m lo be executed, giving at least three months notice, and shall maite [turn thereof to the Connty Treasurer or City Chamberlain issuing t'be pe, aud Bhall pay to him the mowey levied )bn viPtvie thereof ; and tihe 17Z Duty ^f ire.n- MiiriT3-of eouii- iif'n Hmoliiii.liioi; wliicli tiixe." re- iiiain< due on Iki iaiiuary, 1331. Arn\ of ihi; coun- iy el»irli lo hb .•Killed to nssesB- meiit roll^. As to tinvnsiliiiir' or imris of lowii- J*ii|is wtilclilmv^ lieeii (letnclied Iroririlisiricts or coinitiei wiitiiua certain liiue. VVnrrant for levying laies on non-resideiils' Iniido if not patJ. Piiiy of sheritT, &c.. to whom tho- warrant j« ad- dresM-'d. . I A^ ^> IMAGE EVALUATION TEST TARGET (MT-3) r ^ .^/ K 1.0 I.I 11.25 HO ^^" ll^li |J2 1^ ■ «0 [U "* "■■ u 1 2.0 m 'Am - 6" Hiotographic Sciences Corpordtion 33 WIST MAIN STREIT WnSTIR.N.Y. MSM (71«) 172-4303 ^ Vt \\ V 4s o^ t «- 178 Advertisement of tiiiM- and place of s.ilc. Further notice tiiercof. Coiiicnta of notices. Snie If no |)erson coincN forward to pay tliu taxes. t'eriificnle to lie (Ziven by slieritt, &.r., to pur- chnticr. Holders of certi- ficat'iB to pay taxes, saving tlicir recourse Proviso : in case of iH'Blcct to pay such taxek. ASSESSMENT ACT. Sheriff shall have for executing and returning such warrant, Five Shillings for the sale of each separate lot or parcel of land, and may deduct and retain for himself three per cent, on the amount levied by hint, and the remainder whereof shall be paid over to the Treasurer or Chamberlain. L. And be it enacted, That the said Sheriff or High Bailiff shall give notice of the time and place of sale of any real estate so taken for taxes, by ail advert isemeiil thereof, inserted once in each month during four sucessive months, in some newspaper of the County or City where the real estate lies, if there be any such newspaper, and if not, then in a newspaper printed in any adjacent County, the last publication of wliich advertisement shall be at. least one week prior to the time of sale. LI. And be it enacted. That the said Sheriff or High Bailiff shall also post a notice similar to the advertisement required by the precelry and certificate thereof, be entitled to Three Shillings and Six Pence, and no more. LVIII. And be it enacted, That the purchaser of any land sold for taxes under this Act shall, on receipt of the SherifPs or High Bailiff's certificate of sale, become the owner thereof, so far as to have all the necessary rights of action and powers for pi"otecting the same from spoliation or waste until the expiration of the term during which the land may be redeemed ; he shall not knowingly permit any person to cut Timber growing upon the land, or otherwise injure the land, nor shall he do so himself, but may use the same without deteriorating its value; Provided always, that from and after tender of the full amount of redemption money required by this Act, the said purchaser shall cease to have any further right in or to the land in question. LIX. And be it enacted, That it shall bo the duty of the County Treasurer, on tlie receipt of the taxes on the lands of non-residents, to pay over, as soon as reasonably may be, to the Treasurer of the proper Township, Town or Village Municipality, the amount of such taxes belonging to them respectively. LX. And be it enacted, That every Township, Village, Town or County 'J're>»siiier or City Chamberlain, and every Collector, before entering upon the duties of his office, shall enter into a bonil with two or more suthcieiit sureties, in such sum as the Municipal Council of the County, or the Townshif) or Village Municipality, or the Town or City Council, shall reipiire by any By-law to be passed in that behalf, »nd in the manner required by such By-law, and in conformity to all the provisions thereof; and such sureties .shall be to the satisfaction of .luch Municipal Corporations respectively, and such bond shall be to the Term allowed lor redei'ininit »iicl> laiKia, aiihMicnt of .'i«!««or making tiniiiliilpiit ui> cHiaiiuieni. Primajarit evi- lit'iice ol' fraudu- lent intention. Mo or to both, in the discretioa of the Court whose duty it shall be to pass the sentence of the law on such offender; and proof to th«- satisfaction of the Jury, that any real property was assessed by such' Assessoi- at an actual or yearly value greater or less than its true actual or yearly value by thirty per centum thereof, shall be prima facie evidence that such assessment was fraudulent and unjust, and the Assessor convicted of having made any fraudulent and unjust aasessment. faw it, the cause of r Collector, acting sessmetit or collec- ,n by this Act, he ion thereof, before able to SI line not il tbe line shall be Connty or City for h, in the discretion ence of the law 0:1 Iiiry, that any real al or yearly value due by thirty per ach assessment was )f havinj? made any ;',ed to the greatest by this section. shall refnse or Dei?" n Treasnrer or City rriilly authorized to ^luly to account for City Chamberlain, rayments oujjht to d seal, directed to ch City, command- .d nnaccouuted for, is of such Collector, .n Treasurer or City Bspectively, ami to thereof, which war- iately deliver to the le case may reiiuire.j >r\\ Bailiff, to whom cause the same to Treasurer or City e() by viitne thereof theColleotorwouM wHigh Bailifr»h»ll| which he shall b* 1 under this Act by ame, or shall m»lw njakA any retir- or shall make an insufRcient return, it shall and may be lawful for the Treasurer or Chamberlain, to make applicution in a summary manner upon affidavit of the facts, to cither of the Superior Courts of Common Law Jurisdiction in Upper Canada, in term time, or to any Judge of either of the said Courts in vacation, for a rule or summons calling upon such Sheriff or High Bailiff to answer the matter of such affidavit, which naid rule or summons shall be returnable at such time as the Court or Judge shall direct ; and upon the return of such rule or summons, it shall and may be lawful for the Court or Judge to proceed in a summary manner, upon atiidavit and without formal pleadings, to hear and deter- mine the matters of such application ; and if the Court or Judge shall be of opinion that the SherilT or Hish Bailiff has refused or neglected to iery such money, or to pay over the same, or has made a false return or neglected or refused to make any return, or has made an insufficient reiurn, it shall and may be lawful for the Court or Judge, and the Court or Judge is hereby required to ortler the proper officer of such Court, to isfue a Writ of /ten Facias adapted to the case, directed to a Coroner of the eaid County, in case the said application be made by the County Treasurer, or to the Coroner of the County in which the said City is situate, in case the application has been made by any City Chamberlain, which said Writ shall direct the said Coroner to levy of the goods and chattels of the said Sheriff or High Bailiff, such sum as such Sheriff or High Bailiff may have been ordered to levy by the Warrant of the said County Treasurer or City Chamberlain, together with the costs of such application and of execution ; and such Writ shall bear date on the day of issuing the same, whether in term or in vacation, and shall be return- able forthwith, and the Coroner executing any such Writ shall be enti- tled to the same fees, and no more, as upon a Writ grounded upon a judgment of the Court. LXVr. And be it enacted, That if any Sheriff or Hi^h Bailiff shall wilfully omit to perform any duty required of him by this Act, and no other penalty be hereby imposed for such omission, he shall be liable to a penalty of fifty pounds, to be recovered from him in any Court of competent jurisdiction at the suit of the County Treasurer or Chamber- lain of the City ; and the said penalty^ as well as any penalties re- covered under the preceding sections, shall be paid to the Treasurer or Chamberlain for the uses ofthe County or City respectively. LXVII. And be it enacted, That this Act shall apply solely to that part of the Province called Upper Canada; that the Interpretation Act clause shall apply to this Act ; that the words " Wild Land Assessment Law,'* shall be understood as meaning any and every Act of the Legislature of Upper Canada, under which taxes were, immediately before the coming into force of this Act, imposed on Wild Lands in Upper Canada; that the word "Connty" shall be held to include Unions of Counties while such Unions shall continue; and that the word "Ward" shall not be held to extend to or apply to any rural Watd in any Township. LXVIIL And be it enacted. That this Act shall eommenceand have force and effect upon, from and after the first day of January, one thou- sand eight hundred and fifty-one, and not before. SCHEDULE A. PBKIONAL PROPERTY LIADLE TO TAXATION UNDER THE rORCOOING ACT. All Horses of three years old, and upwards. All Neat Cattle of three years old, and upwards. Pleasure Cairiages of all descriptions, and also all Carriages kept for hire. Tke average Stock of Goods 00 baml, of 9reTj Merchant, Trader or N Penalty on ■herifT or high bailiff for neglect of duty InterprelatiOD I I Commencement of Act. • , tj^ 182 ASSESSMENT ACT. Dealer, Manufacturer, Tradesman or Mechanic ; such average stocl '.o be considered to be the mean between the highest and ttie lowest amount of goods on hand at any time during the year. The amount of all Stock or Shares in Steamers, Schooners, or other water craft employed in the conveyance of freight or passengers, aud owned within tne Municipality. SCHEDULE B. Column 1. — Name of Taxable Party, 2. — Number of Concession, Street, Square or other designation of the local division in which the real property lies. 3.— Number of the Lot, House, &c., in such division. 4. — Number of Acres, Superficial Feet, or other measure, showing the extent of the property. 5.—- Value (or yearly value) of each separate lot or parcel of real property. 6. — Total value (or total yearly value) of all the real property of such party. 7. — Number of Horses, three years old, or upwards. 8. — Value of the same. 9. — Number of Neat Cattle, three years old, or upwards. 10.— Value of the same. 11. — Number of Pleasure Carriages of all descriptions, or of Carriages kept for hire. 12. — Value of the same. 13. — Value of the average Stock of Merchants, Traders, Dealers, Manufacturers, Tradesmen or Mechanics. 14.'— Value of Stock or Shares in Steamers, Schooners, and other water craft, employed for the conveyance of freight or passengers. 15.— Amount of taxable income. 16. — Total value of taxable personal property. 17 — Total yearly value of the same. NoTi:. — The yearly value of the real property will be set down in Cities, and incorporated Towns and Villages, and the actual value in other places ; in which, also, the column No. 16 may be omitted. In columns 2 and 3, any other description by which the property can be ascertained, may be set down if the Concession, Street, Square, or number be unknown. (( « « tt {( u « ^.^ PUBLIC BUILDINGS, U. C. ACT 13 fy 14 VIC, CAP. 68. 18.1 An Act to provide Funds for defraying the co$t of the erection of the Lunatic Asylum and other Public Buildings in Upper Canada. [Passed 10th August, 1850.] WHEREAS it is expedient to make better provision for paying off PreamUe. the principal and interest of the Debentures issued for the pur- pose of raising funds for defraying the expense of erecting the Lunatic Asylum in Upper Canada, under the provisions of the Act hereinafter mentioned^ and for raising a fund for defraying the cost of erecting other pubhc buildings in that portion of this Province of general impor- tanc<9 to the inhabitants thereof : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council ana of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lovjer Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same. That so much of the Act of the Parliament of Upper Canada, passed in the second year of Her Majesty's Reign, and intituled. An Act to authorize the erection of an Asylum tciihin this Province, for the reception of Insane and Lunatic Per- xmSf as authorizes the imposing of an assessment of one-eighth of a penny in the pound for the purposes of the said Act, shall be and is hereby repealed ; as arc also all rates and assessments made under the authority of the ?aid Act : except in so far as regards any arrears of tuch rates and assessments remaining due and unpaid when the said repeal shall take effect. IL And be it enacted, That instead of the rate mentioned in the said Act, there shall be and there is hereby imposed upon all .axable pro- perty, real or personal, in Upper Canada, a yearly rate or tax of^ six pence in the hundred pounds (and so in proportion on any less sum) on the assessed actual value of such property, or of one penny in the pound on the assessed yearly value thereof, according as the same is assessed by its actual or yearly value, and such rate or tax shall be entered upon the Collector's Rolls, in a separate column, by the Clerk or Officer making out the same, and shall be received, collected and levied by the same Ofhcers, at the same times and in the same manner as other local taxes, rates or assessments on the same property ; and all moneys arising ;herefrom and received by any Collector shall be paid over by him to the County Treasurer or City Chamberlain, at the same times and und^r the same provisions, and with the same remedy in case of non-payment as other moneys payable to him by such Collector, and all such moneys received by any Treasurer or Chamberlain, shall by him be paid over (retaining nve per cent., of which one half shall be allowed by him to the Collectors respectively, on sums collected by them) to the Receiver General of the Province, for the purposes of this Act, at such times and in such manner as the Governor shall from time to time direct and require ; and such moneys shall, in *he hands of such Treasurer or Chamberlain, be held to be moneys received by him for Rale impoTCi Act of U. C. 2 Vice. K, repealed. Eiception. A new rate Itnpoeed. J by " I How to lie (ol- lecied, paid orrr, ttc. Per cenu(e allowed. To he deemed moneya of the crown. 184 ARREARS OF TA^.ij.S, <» • To what purpo •ua micli rale shall be applied Intereat on d(.'l»cnfurcii. Sinking fuad. Wlieii the forc- gofnc provision* BhjII lake clTcct. Approinialion out of nioncvH ariaing under 3 Vice. 11. .ri duties due to Her Majesty, and such Treasurer or Chamberlain shall, in default of paying over the same be liable accordingly. III. And be it enacted^ That the sums paid over to the Receiver Gen- eral undei' the next preceding section of this Act shall be applied— First— To the payment of the interest on all Debentures i8.<>iie(l on account of the said Lunatic Asylum and now outstanding, nii.l al^o of the interest on any Debentures which may be issued under the authority of Parliament for the pur|X)se of raising money to cumpleie the said Asylum, or to defray the expense of procuring a site for or of erectin<' any other Public Building i i Upper Canada, for any Institution of gen- eral importance to the inuabitants of that portion of the Province. Secwvily — To the formation of a Sinking Fund of -not less than one thousand five hundred (Munds per annum, towards paying off the prin- cipal of such Debentures as aforesaid. OOicr purpoBci. 77^tVd/y— Towards the support of the said Lunatic Asylum and of any other such Institution as aforesaid, in such manner as shall be directed by Parliament. IV. And be it enacted, That the foregoinp; provisions of this Act shall have force and effect upon, from and after the first day of January, one thousand eight hundred and fifty-one, and not before. V. And be it enacted, That out of any moneys arising from any rate or asse^jsment imposed under the Act first above cited, there may be paid and applied such sums as may be required to defray the expenses of the said Lunatic Asylum for the present year one thousand eight hun- dred and fifty^ in addition to the Parliamentary grant for that purpose. ARREARS OF TAXES. ACT\3 if U VIC, CAT. 69. An Act to enable Collectors of Local Taxes in Upper Canada, for the several years hettoetn one thowand eight hundred and thirty-six and one thous- and eight hundred and forty-nine, (both inclusivCf) to recover Taxet aocrued in sVfCh years respectively, and remaining due. [Passed 10th August, 1850.] rr^aoiMc. TTTHEREAS there are considerable amounts of Local Taxes, Kates T V and Assessments accrued in Upper Canada, between the years one thousand eight hundred and thirty-six and one thousand eight hun- dred and forty-nine, both inclusive, still remaining due and unpaid; And whereas difficulties have arisen and doubts exist as to whether the several Collectors appointed for such years respectively, can now legally enforce payment of such arrears, and it is but fair and just that the parties a.<«8essed and in arrear should be required to pay the Taxes due by them : Be it therefore declared and enacted by the Queen's Must Excellent Majesty, by and with the advice and consent of the Legisla- tive Council and of the Legislative Assembly of the Province of Canada, constituted and asasembled by virtue of and under the authority of an Act passed in the Parliament the United Kingclom of Great Britain and Ireland, and intituled, An Act to re-unite the Frovinces of Upper ani I/noer Canada, and for the Government of Canada, and it is hereby enacted for any < year in be such due for, any Coll ing and ; Taxes, I thousand and forty unpaid. IL An any such Collector and four without f inthe sui Judge of and distr County C themselvj oath, and receive, ii sion in th( party sue! allow the i heretofore suing, or f in arrear, i of the ca intended I claimed decide ac( or usage t( III. Pro aforesaid, the Treasu first deduc thereof, sh provided b to account appointed. An Act to WHER shops, and '''ines and TAVERN LICENCES. 185 nberlain shall, in le Receiver Gen- be applied — nlures iscned on uiing, ati.l also of ndertho authority 3umpleie the said for or of erecting nstitution of gen- ie Province. -not less than one ying oflf the prin- Lsylum and of any iiall be directed by IS of this Act shall y of January, one sing from any rate ted, there may be efray the expenses lonsand eight hun- for that purpose. KES. Col lof tort IB office may collect arrenri of roriiifr ycnri. inada, for the several y-six and one Ihous- I to recover Taxti h August, 1850.] jocal Taxes, Ralea between the years housand eight hun- due and unpaid ; st as to whether the ly, can now legally and just that the jay the Taxes due the Queen's Most sent of the Legisla- 'rovince of Canada, er the authority of )m of Great Britain winces of Upper and and It is hereby Notice to the party irt defauK, and muUe of pro- ceeding for enfor- cing payment, enacted by the authority of the same, That it shall and may be lawful for any Collector or Collectors in office during the present or any future year m the Town, Township or place in antl for which he or they may be such CoMector or Collectors respectively, to demand, collect, levy, iiue for, recover and receive, in the same way and by such means as any Collector o; Collectors may then lawfully use for oollectinp, levy- ing and recovering Local Taxes in Upper Canada, all such arrears of Taxes, Rates and Assessments as became due b<^tween the years one thousand eight hundred and thirty-six and one thousand eight hundreeatcd on the patitingof Uiii Act , And ihc re- inaiihlcr on the fim March, 1851. ProviM. TAVERN LICENSES. such houses or places in the said Municipalities respectively, and of prescribing the conditions on which Licenses to keep tne same shall be obtained and held, and the duty which shall be paid thereon over and above that imposeu on persons keeping such houses and retailing Wines and Spii^ituous Liquors therein, by the Act of the Parliament of Great Britain, passed in the fourteenth year of the Reign of King George the Third, and intituled, An Act to establish a Fund towards further defraying the charges of the Administration of Justice and the support of the Civd Government within the Province of Quebec in North America : fie it there- fore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Lbf^islalire Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upver and Lower Canada^ and for the Govern- ment of CanadOf and it is hereoy enacted by the authority of the same, That so much of the Act of the Parliament of Upper Canada, passed in the fifty-ninth year of the Reign of King George the Third, and intituled, An Act to alter the laws now in force for granting Licenses to Inn-Keepers, and to give to the Justices of the Peace, in General Quarter Sessions assem- bled for their respective District Sj authority to regulate the duties hereafter to be paid on such Licences,— or of the Act of the said Parliament passed in the sixth year of the Reign of his late Majesty King William the Fourth, and intituled, An Act to repeal end amend certain parts of an Act passed in the thirty-sixth year of the reign of King George the TTiird, intituled, * An Act to amend an Act for regulating the manner of licensing Public Houses and for the more easy convicting of persons selling spirituous liquors without a lacemse^ (mi for other purposes therein mentioned, — or of the Act of the said Parliament passed in the third year of Her Majestv's Reign, and intituled, An Act for further regulating the manner of granting Licenses to Iim-KeeperSf and to the Keepers of Ale and Beer Houses vnthin this Province, — or of the Act passed in the year last aforesaid, and intituled, An Act to continue and make perpetual, parts of an Act passed in the fifty-ninth year of the Reign of His late Mcijesty King George the Tliirdf intitukd, * An Act to alter the Laws now in force for granting Licenses to Inn-Keepers, and to give to the Justices of the Peace in General Quarter Sessions assembled for their respective Districts, authority to regulate the duties hereafter to be paid on such Licenses, and for other purposes therein mentioned, — or of a ly other Act or Law in force in tipper Canada, as vests in any Justices of the Peace the power of granting ceitificates entitling the parties to whom they are granted to obtain Licenses to keep Inns or Houses of Public Entertainment, or of making rules and regulations for the conduct of such Inn-Keepers, or of repealing such rules and regulations, or of fixing the duty or sum which any person is required to pay for such License or before he can obtain the same, or of repealing or altering any duty or sum so fixed, or as may be inconsistent with any provision of this Act which is to be acted upon before the first day of March next, shall be and is hereby repealed from and after the passing of this Act ; and the remaning provisions of the said Acts, and the rules and regulations iz^ide undei them„ and the duties or &ums required to be paid under them for such Licenses as aforesaid, shall remain in force (in so far only as they may not be inconsistent with any provisions of this Act to be acted upon before the said day) until the said first day of March next, upon, from and after which day they shall be repealed, ext^ept the seventh and eighth sections of the Provincial Act thirdly above cited, which shall remain in force: Provided always, that all Acts and parts of Acts repealed by the said Acts or any of them shall remain repealed, and that all penalties incurred before the said day for any contravention of any of the SI they wei II. Pr said Act repeal o brandy a Canada I entertain any pern Steam boi bution of IIL A public er this Act, license fc such pert expiratioi the last d any licer same sha him for si to be grat granted. IV. An incorporal the Comn and autho —For lim such To\ spirituous the last di (or for pn their resp which sn: license, tl constantly observing shall pay aforesaid inns and contraven* may lawf similar pi "ir the re or other rr always, tl: persuil ke spirituous for such which pej witness ot amount in Y. And the severs Upper Ca Township tors of i|< Township INSPECTORS. 187 next, upon, from of the said Acts, may be sued for and recovered under the same as if they were not so repealed. II. Provided always, and be it enacted, That neither the repeal of the said Acts nor any thing in this Act contained, shall be construed to repeal or affect any duty or sum payable on licenses to vend wine, brandy and spirituous liquors by retail, to be granted or issued in Upper Canada to shopkeepers or others not keeping Inns or places of public entertainment, or any provision for preventing the vending or imposing any penalty for the vending of the same by such persons, or m any Steamboat or Vessel, without a license, or for the recovery and distri- bution of any such penalty. III. And be it enacted, That a license to keep an Inn or house of public entertainment, may be issued at any time after the passing of this Act, and without any certificate, to any person then holding a license for a like purpose, which license to be so issued shall authorize such person to keep such Inn or House at the same place, from the expiration of the period to which such former license extended, until the last day of February next (inclusive) but not afterwards; and for any license to be issued under this section, the person receiving the same shall pay a sum bearing the same proportion to the sum paid by him for such former license, as the time for which such new license is to be granted shall bear to the time for which such former license was granted. IV. And be it enacted, That the Municipality of each Township or incorporated Village, the Town Council of each incorporated Town, and the Common Council of each City in Upper Canada, shall have power and authority at any time after the passing of this Act, to make By-laws, —For limiting the number of Inns or houses of Public entertainment in such Township, Village, Town or City for which I enses to retail tpirituous liquors to be drunk therein shall be issued, to >e in force after the last day of February, one thousand eight hundred ^ (or for prohibiting the issuing of any such licenses, f their respective Municipalities,) and for fixing the tern which shall be previously complied with by any person dto.ring such license, the description of house and accommodation he shall have and constantly keep and maintain, and the security he shall give for observing all the By-laws of the Municipality, and the sum wnich he ihall pay for such license over and above the duty imposed by the Act aforesaid of the Parliament of Great Britain; — For regulating all such inns and houses of public entertainment, and for imposing for any contravention of such By-laws any penalty or punishment which they may lawfully impose for any contravention of other By-laws;— For aimilar purposes with respect lO ale or beer houses, and other houses '"^r the reception and entertainment of the public, where fermented or other manufactured liquors are sold to be drunk therein; Provided always, that nothing herein contained shall be construed to relieve any peiauii keeping a house of public entertainment and retailing wine and spirituous liquors therein, without a license, from the penalty imposed for such offence by the Act of the Parliament of Great Britain aforesaid, which penalty shall always be recoverable on the oath of one credible witness other than the informer, in any Court having jurisdiction to the an[)Qunt in Civil matters. Y. And be it enacted, That at the Annual Election of Councillors in the several Townships, Incorporated Villages and Towns and Clities in Upper Canada, there shall be elected by the same electors in each Township nojt divided into Wards or Incorporated Village, three Inspec- tors of Hqums of public enteilainment, — and in each Ward of any Towiubip divided ioto Ward* or of any such Towa or City, one lucb fifty-one, hou9e in 'Conditions Shop licriivpt not to b« ■Iftcied by itiit Act Preicnt tavern liceniet may be continued until twenty-cigltih February. IbSl. Munici|)al cor- porationH to make by-laws for certain pur- pottee, relative to taverna. ! I AnJ beer-lK>u«ei. &c. Proviso a« to |ienaltiea under the said Imp. Act. Inapecton of housea of public eBteruiiiineni to be elected. ., t 188 To Ih' mbjcct to Ijy-lawt. Duties of Biicli iiiipHcturn. Mtwiings. Certificates. Licenie*. Proviio : if the number of li- ceniev be limited. Further dutiea of inapeciora. How to be per- formed. Inconsiitent enacimeiita repc.iled. Majority of inspectors may act. Municipal officers may be appointed to issue licenses. TAVERN LICENSES. Inspector of Houses of public entertainment ; and such Inspectors shall be subject in the same manner as other Municipal OfTicers, to any By-laws to be made by the Council of the Municipality touching their duties or remuneration, — the security they shall Rive, and other like matters ; and vacancies in the ofllce of Inspe ^tor shall be filled in like manner as vacancies in the office of Councillor VI. And bo it enacted. That it shall be the duty of such Inspectors to see that the By-laws of the Municipality are complied with as regardi the persons to whom Licenses to keep Houses of Public entertainment and to retail .spirituous liquors therein are to be issued ; and for this purpose the said Inspectors shall, after such previous visits and exami- nations as they may think proper, meet at such time in each year before the first day of March, and ut such place as they shall think meet, or at such time and place before the said day as the Council of the Municipality shall have appointed by By-law, for the purjpose of deter- mining what persons have under the By-laws in that behalf qualified themselves to obtain such Licenses, and to give certificates to such per- sons, which shall state the sum payable by such persons respec- tively, fur such Licenses, under the By-laws of the Municipality ; and upon the production of such certificate and payment of the said sum and olthe duty imposed by the snid Act of the Parliament of Great Britain, to the proper Revenue Inspector, he shall issue Licenses to suchpersont respectively for the purposes aforesaid, which Licenses shall be m force from the date thereof until the last day of February in the then next year, and no such License shall be issued in favor of any person unless lie shall produce such certificate as aforesaid : Provided always, that if the number of persons who shall have complied with the lequirement* of the By-laws made in that behalf, shall be greater than the number of persons to whom Licenses may be issued under such By-laws, the Inspectors shall determine, (subject to any By-laws passed for their guidance in this behalf) to which of such persons Licenses may be granted with most advantage to the public. VII. And be it enacted^ That the said Inspectors shall perform similar duties with regard to Inns, Ale and Beer Houses, Victualling houses, Ordinaries, and eating-houses, and other establishments of like nature, which by the By-laws of the Municipality shall require licenses : Ana such duties shall be performed in sucn manner as shall be directed bv such By-laws, and such licenses shall be issued at such times, for suca periods and by such officer as shall be directed by such By-laws: And any provision of law vesting in any other functionary any power hereby vested in the Inspectors aforesaid, or otherwise inconsistent with this Act, is hereby repealed. VIII. And be it enacted, That any majority of the said Inspectors may exercise all the powers of the Inspectors, and the said Inspectors shall have full power to adjourn any meeting from day to day or to any future day : and if on any question the Inspectors shall be equally divided, the Mayor or Town-Reeve, or in his absence the functionary performing his duties, shall vote thereon and decide the same, unless and until other provision be made for this purpose (as it may be) by the By-laws of the Municipal Corporation of the place. IX. Provided always, and be it enac'"d. That nothing herein contained shall be construed to preyent the Governor in Council from appointing any Municipal Officer or other person to issue licenses for keeping houses of public entertainment and retailing spirituous liquors ^heireiQ, in any Municipality, if he shall think proper to appoint such officer Of person to perform that duty instead of the Revenue Inspeotoft extend, to h wliereby pr( Consolidatet iishment ant any part the FIR ^ H. And b< moQ\ Trust COMMON SCHOOLS. ACT 13 S,- 14 VIC.y CAP. 48. 189 t1 Prearablc Two Af u An Ad for the belter estahlishnient and maintainence of Common Schools in Upper Canada. [Pa8sed24th July, 18.50.] WHEREAS it is expedient to make proTision for the better estab- lishment and maintenance of Common SchooJa in the several Villages, Towns, Cities, Townships and Counties of Upper Canada : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by viitne of and under the authority of an Act pa.ssed in the I'arliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government (f Canada, and it is nereby enacted by the authority of the same. That the Act of the Parliament of this Province, passed in the .seventh year of Her Majesty's Reign, and intituled, ^n repealed. Act for the better establishment and maintenance of Common Schools m Upper Canada^ and also the Act passed in the twelfth year of Her Maje-sty's leign, chapter eighty-three, and intituled, An Act for the bet- ter Establishment and maintninence of Pvblic Schools in Upper Canada^ and for repecding the present School Act, shall bo, and the same are hereby repealed : Provided alway.s, nevertheless, firstly, that no Act or part of an Act repealed by either of the Acts hereby repealed, shall be revived by the passing of this Act: And provided also, secondly, that th« repeal of the said Acts shall not extend or be construed to extend to any act done, any penalty incurred, or any proceeding had under the said Acts, oreither of them : And provitled al.«o, thirdly, that all School Sections or other School divisions, together with all elections and appointments to office, all agreements, contracts, assessments, and rate-bills, made under the authority of the said Acts, or of any preceding Act, and not annulled by the said Acts or by this Act, or by any of them, shall be valid and in full force and binding upon all parties concerned, as if made under the authority of this Act, and shall so continue until altered, modified, or suspended, according to the provisions of this Act : And provided also, fourthly, that nothing herein contained shall affect the liability of any District, County, City, Town, or Township Superinten- dent of Common Schools, to the Municipal Corporation to which he would otherwise be responsible for the same, for any moneys received by him under either of the saiil Acts ; but the liabilities of every such Superintendent for such moneys shall be and remain as if this Act had not been passed : And provided also, fifthly, that nothing in the said .^ict secondly above recited, contained, shall extend, or be construed to extend, to have repealed any Act ot the Parliament of this Province, whereby provision wag made for the appropriation of money from the Consolidated Revenue Fund of this Province, for or towards the estab- lishment and maintenance of Comtpot^ Sphools in this Province, or ii) 1 any part thereof. FIRST — £LECTION ANP DyX^ES Of SCHOOL TRUSTBES. IT* And be it enacted. That the annual meetings for the elections of Annual leboo^ I SeboQj Trustees^ s^s hereinafter provided hy this Act^ shall ^e h^lfl jn 'npeiimf, ii i ProTiio. All school di»i- RionB, plectioni, nppointmenu, contrncta, tie., confirmed. 190 COMMON SCHOOLS. One Truiuee in each aehool ■''ic- tion to be elected. Proviao : ai to re-election. Mode of calling ■Uie first school meeting in a new ■ection. Mode of proceed- ing at first meet- ing. Election of Chairman and Secretary ; tineir duties. A poll when to be granted. Three Trustees to be olecteJ. Order of retiring from Office. Proviso. Proceedings at annual meetings. Chairman and Becretarjr. Annual flnaneial report Election of Trui- all the Villages, Towns, Cities, ami Townships of Upper Canada, on the second Wednesday in January, in each year, coniinencing at the hour of Ten of the clock in the forenoon. III. And be it enacted, That in all School divisions (e.xcepl in Cities, Towns and Incorporated Villages) which have been established accord- ing to law, and which have Deen called " School Sections,'' and in which there shall be three Trustees ii. office at the time this Act shall come into force, one Trustee shall be elected lo office at each ensuing annual school meeting, in place of the one who shall have been three years in office: Provided always, that the same individual, if willing, may be re-elected : And provided also, ihat no School Trustee shall be re-elected, except by his own consent, during the four years next after his going out of office. IV. And be it enacted. That whenever any school section shall be foimed in any Township, as provided in the eij^hteenth section of this Act, the Clerk of the Township shall communicate to the person appointed to call the first school meeting for the election of Trustees, the description and number of such school section; and such person shall, within twenty days thereafter, prepare a notice in writing, describ- ing Sufh section, and appointing atime and place for the first school sec- tion meeting, and shall cause copies of such notice to be posted in at leas! three public places in such school section, at least six days before the time of holding such meeting. V. And be it enacted, That at every such first school section meeting, the majority of tha freeholders or householders of such school section present, shall elect one of their own number to preside over the pro- ceedings of such meeting, and shall also appoint a Secretary, whose duty it shall be to record all the proceedings of such meeting ; and the Chairman of such meeting shall decide all questions of order, subject to an appeal to the meeting, and shall give the casting vote in case of an equality of votes, and shall have no vote except as Chairman, and shall take the votes in such manner as shall be desired by the majority of the electi/rs present, and shall at the request of any two electors, grant a poll for recording the names of the voters by the Secretary : and it shall be the duty of the electors present at such meeting, or a majority of them, to elect from the freeholders or householders in such section, three Trustees who shall respectively continue in office as fol- lows : the last person elected shall continue in office until the next ensuing annual school meeting in such section, and until his successor is elected ; the second person elected, one year, and the first person elected, two years, from such ne.xt ensuing annual school meeting, ar.J until their successors are elected respectively : Provided always, that a correct copy of the proceedings of such first school section meeting, and of every annual school section meeting, and Secretary, shall be forthwith transmitted Local Superintendent pf Schools, VI. And be it enacted, That at every annup! school L«ction meeting in any Township, as authorized and required to be held by the second section of this Act, it shall bb the duty of the freeholders or household- ers of such section, present at such meeting, or a majority of them — Firstly. — To elect a Chairman and Secretary, who shall perform the duties required of the Chairman and Secretary, by the fiftn section of this Act. Secondly.-^To receive and decide upon the report of the Trustees, ai f^qthuri|ed and provided for by the eighteenth clause of the twelfth seotion of this Act. Tliirdly.—To elect one qr iQore persons i^ Trmtee or Trasteeij to fiW - — a/ signed by the Chairman by the Secretary to the I X. And "^ a Corpo Number of whool sect of such wa I have autho I public plac pousebolde 191 pper Canada, on imeacing al the ^except in Citiep, lablisned accord- lections," and in me this Act shall e at each ensuing I have been three adual, if willing, 1 Trustee shall be ir years next after 1 section shall be nth seciion of this ;ate to the person jction of Trustees, and such person iu writing, describ- ihe first school sec- oe posted in at least six days before the )ol section meeting, such school section eside over the pro- a Secretary, whose 1 meeting ; and the ins of order, subject ting vote in case of as Chuirman, and red by the majority f any two electors, by the Secretary : such meeting, or a ouseholders in such nue in otRce as fol- !ice until the next 1 until his successor ind the first person jjchool meeting, ana vided always, that a ol section meeting, )d by the Chairman le Secretary to the lool -''ction meeting 3 held by the second lolders or household- lajority of them— ho shall perform the the fifth seciion of I of the Trustees, m lause of the twelfth Expenaet of the School. Challenging votcri. Declaration required. Proviao : fa'"« declaration lor Voting illcgalljr. Mode of recover- ing penalty. Refusing to lerve ug TruDtee. COMMON SCHOOLS. up the vacancy or vacancies in the Trustee Corporation, according to law : Provided always, that no Teacher in such section shall hold the office of School Trustee. Fourthly.— ~To decide upon the manner in which the salary of the Teacher or Teachers, and all the expen connected with the opera- tion of the School or Schools, shall be pre . ided for. VII.' And be it enacted. That if any person offering to vote at an annual or other school section meeting, shall be challenged as unquali- fied by any legal voter in such section, the Chairman presiding at such meeting shall require the person so ufTering, to make ;he following declaration : " I do declare and affirm that I am a freeholder (or householder) in << this school section) and that I am legally qualified to vote at this meeting." And every person making such declaration, shall be permitted to rote on all questions proposed at such meeting ; but if any person shall refuse to make such declaration, his vole shall be rejected : Provided always, that every person who shall wilfully make a false declaration of his right to vote, phall be deemed guilty of a misdemeanour, and punishable by fine or imprisonment, at the discretion of any Court of Quarter Sessions, or by a penalty of not less than One Pound Five Shil- lings, or more than Two Pounds Ten Shillings, to be sued for and recov- ered, with costs, by the Trustees of the school section, for its use, before any Justice of the Peace, having jurisdiction within such school section. VIII. And be it enacted. That if any person chosen as Trustee, shall refuse to serve, he shall forfeit the sum of One Pound Five Shillings ; and every person so chosen and not having refused to accept, who shall at any time refuse or neglect to perform the duties of his oflice, shall forfeit the sum of Five Pounds ; which sum or sums may be sued for and recovered by the Trustees of the school section, for its use, before any such Justice of the Peace : Provided always, that any person chosen as Trustee may resign with the consent of his colleagues iu office and of the Local Superintendent, expressed in writing. IX. And be it enacted, That in case no annual or other school section meeting be held for want of the proper notice, the Trustees or other person whose duty it was to give such notice, shall respeclivoly or indi- vidually forfeit the sum of One Pound Five Shillings, to be sued for and recovered for the purposes jf such school section, on the complaint of any resident in such section, before any such Justice of the Peace : Provided always, that in the default of the holding of any school sec- tion meeting, as hereinbefore a-aihorized by this Act, for want of the proper notice, then any two fieeholders or householders in such section, are hereby authorized, within twenty days after the time at which such meeting should have been held, to call such meeting by giving six days' notice, to be posted in at least three public places in such school sec- tion; and the meeting thus called shall possess all the power, and per- form all the duties of the meeting in the place of vvhigh it shall hay^ been called, X. And be it enacted. That the Trustees in each school section shall Tmttcet to iw & be a Corporation, under the name of " The Trustees of School Section t-'ofiwatiou. Number , in the Township of , in the County of :" Provided always, that no such Corporation of any rrovito. school section shall cease by reason of the want of Trustees, but in case of such want, any two freeholders ur householders of such section shall have authority, by giving six days' notice to be posted in ^t least three public places in such section, to call a meeting of the freeholders or Modeof eieotiog Proviso : resign* iug at Trustee. Not giving due notice of meet- ings. Mode of recover- ing penalty. Mode of calling meeting in default of annual lueeting, &.c. or Trustees to fill I "^''wJioWersi who shall proceed to elect three Trustees, in the manner "** Truii^M, 192 COMMON SCHOOLS. Modcordcrliling oil Uio Hill- ofn •ohuol liuiiM*. Duties of Trusicca. Socrrtarjr- Trcniurcr : hii iluiifc. Collector : Ilia <]utio«. Hill reinune- ra'.ion. To gi»e iccurity. Powers. Truiteci to have the KcepiiiK of the kIiooI pro- Iierty. ProvMing ichool pr em lavs. Apparatus and books. Toadiera. Faroole scitool. Ortlprsto Teacf)(Brs for i»onef. prescribed in Iho fifth section of this Act, and the Tru.Meps thus elected shall hold and retire from office in the manner prescribed for Trustees elected under the authority of the said fifth .section of this Art. XI. And be it enacted, That in any case of ditferenco as to the site of a schw)l-house between the majority of the Trustees of a scliool section and a majority of the freeholders or householders, at a special meeting called for that purpose, each party shall choose one pu: wn as arbitrator, and the two arbitrators thus chosen, and the local Siiperiuteiidt'iil, or any person apiK)inted by him to act on his behalf, in case of bis inability to attend, or a majority of them, shall finally decide oti the matter. XII. And be it enacted, That it shall be the duly of the Trustees of each school section : Firstly. — To appoint one of themselves, or some other person, to bo Secretary -Treasurer to the Cornoration ; and it shall be tin? duly of such Secretary -Treasurer to give such security for the coi root and safe keeping and forthcoming (when called for) of the papers and moneys btdon^ing to the Corporation, as may be required by a majority of the Trustees ; to keep a record of all their proceedings, in a book procuretl for that pur- pose ; to receive and account for all school moneys collected by rate-bill, suhscription, or otherwise, from the inhabitants of such school section ; to disburse such moneys in such manner as may be directed by the majority of the Trustees. - 3h of which shall be subject to the same regulutions and obligations as common schools generally. Sixthly. — To give the Teacher or Teachers employed by them th« necessary order or Qrdera upon the I^ocal Si^p^rintendent for the School nt with regard to aiul keeping in o(l-house, privies, bo held by them, r School ; also, to ool-house and it« ■elonging to such COMMON SCUOOLS. Fund apportioned and payable to their school section : Provided always, that the Trustees of any school section shall not give such order in behalf of any Teacher who does not, at the time of giving auch order, hold a legal certificate of qualilicatioii. Seventhlif.-~To provide for the salaries of Teachers and all other •xpenses uf the School, in such manner as may be desired by a majority of the freeholders or liouseholderA of such bection, at the annual school meeting, or u special meeting called for that purpose, and to employ all lawful means, as provided for by this Act, to collect the sum or sums required for such salaries und other expenses ; und shouiil the sums thus provided bo insufHcient to defray all the exnunses of such school, the Trustees shall have authority to assess and cause to be collected any additional rate, in order to pay the balance of the Teacher's salary, and •ther expenses of such school. Eighthlif. — To make out a list of the names of all persons rated by them for the school [lurposes of such section, and the amount payable by each, and to annex to such list a Warrant directeil to the Collector of the school section, fur the collection of the several sums mentioned in Ruch list : Pr.tvided always, that any school-rate imposed by Trustees, according to this Act, may be made payable monthly, quarterly, half- jeArly, or yearly, as they may think expedient. Ninthly. — To apply to the Municipality of the Township, or employ their own lawful authority, as they may judge expedient, for the raising and collecting of all sums authorized in the maimer hereinbefore pro- vided, to be collected from the freeholders and householders of such section, by rale, according to the valuation of taxable property, as txpressed in the Assessor's or Collector's Roll; and the Township Clerk or other officer having possession of such roll is hereby required to allow any one of the Trustees or their authorized Collector, to make a copy of luch roll, as far as it shall relate to their school section. Tenthly. — To exempt wholly or in part, from the payment of school- rates, such indigent persons as they shall think proper, and the amount of the same shall be a charge upon the other rateable inhabitants of the school Teacher. section, and shall not be deducted from the salary of a 193 ProviillnRfbr ■aluric* of 'J'eaciieri and eiltfiifeaofttMi RCllUOl. And for dL-ricieocicf. EUventhly. — To sue for and recover by their name of office, the amounts of schuol-rates or subscriptions dtie from persons residing with- out the limits of their school section, and making default of payment. Twelftfdy. — To appoint the place of each annual school meeting, and lo cause notices to ue posted in at least three public places of such section, at least six days before the time of holding such meeting; to call and give like notices of any special meeting of the freeholders or householders of such section, for the filling up of any vacancy in the Trustee Corporation, occasioned by death, removal, or any other cause whatever, or for the selection of a new school site, or for any other school purpose, as they may think proper; to specify the object or objects of auch meeting; which meeting shall be organized, and its proceedings recorded in the same manner, as those of an annual school meeting ; and a copy of them, in like manner, shall be transmittod to the local Saperintendent : Provided always, tnat in case of a vacancy in the office of any of the Trustees, during the period for which thev shall have been respectively elected, the person or persons chosen to fill such vacancy, shall hold office only for the unexpired term. Ihirteenthly. — To permit all residents in such section between the ages of five and twenty-one years of age, to attend the school, to long u their conduct shall be agreeable to the rules of such school, and so long M the fees or ralei required to be paid on',their behalf, are duly dit- To innke out r raie-liill Imk aud WariaiK. I'rOTifO ; lUCh rnip-bill tiow payable. To apply 10 the Township Couu* cil for railing school ntoiieyi. Duty of Town- •hip Clerk. To ciernpt indi- Kent |)t'rioiii. 'j'eaclicr'a lalary not to be lessen* ed. Tosuedefiiulleri. To fiz the place of (he school meet- ing. To call spwlal meetings . MiKleofsondoct* ing special meetings. Proviw To admit pvnoM to aitead tb* Mhool, oa cond^ tlona. » i V 194 Eiceptlona. To vliit the •eliool. Itc. To lee that pro- |ier books are uted. To be peraonally retponsible in certain eaaea. To appoint a librarian and pro- ride a library. To aaccrtain the number of ehil- dren of achool To rend the ■choot report. Proceeding if the accouni is not ntisfactory to the majority cf the meeting. To prepare and transmit the an* nuol ."ctaool re- port. Contents of snch report -. time of liceping the school open. AntonAt of mon- rys received and eipcnded. Number of childreu. COMMON SCHOOLS. charged: Provided alway«, that this requirement, shall not extend to the children of persons iti whose behalf a separate school shall have been established, according to the nineteenth section of this Act. Fourteenildy. — To visit the school from time to time, and see that it is conducted according to the regulations authorized by law. Fifteenthly.—To see that no un-authorized books are used in the school but that the pupils are duly supplied with an uniform series of text books, sanctioned and recommended according to law; and to procure annually, for the benefit of their school section, some periodical devoted to education. Sixteenthly. — To exercise all the corporate powers vested in them by this Act, for the fulfillment of any contract or agreement made by them; and in case any of the Trustees shall wilfully neglect or refuse to exer- cise such powers, he or they shall be personally responsible for the fulfilment of such contract or agreement. Seventeenthly. —To appoint a Librarian, and to take such steps as they may judge expedient, and as may be authorized according to law, for the establishment, safe-keeping, and proper management of a school fe and carried into library, whenever provision shall have been made eflfect for the establishment of school libraries. Eighteenthly. — To ascertain the number of children between the ages of five and sixteen years residing in their section on the thirty-first day of December in each year ; and to cause to be prepared and read at the annual meeting of their fiection, their annual school report for the year then terminating, which report shall include, among other things prescribed by law, a full and detailed account of the receipts and expen- ditures of all school moneys received and expended in behalf of such section, for any purpose whatsoever, during such year; and if such account shall not be satisfactory to a majority of the fieeholdera or house- holders present at such meeting, then a majority of the said freeholders or householders shall appoint one person, and the Trustees shall appoint another ; and the two arbitrators thus appointed shall examine the said account, and their decision respecting it shall be final: or, if the two arbitrators thus appointed shall not be able to agree, they shall select a third, and the decision of the majority of the arbitrators so chosen shall be final ; and such arbitrators, or a majority of them, shall have autho- rity to collect, or cause to be collected, whatever sum or sums may be awarded against any person or persons by them, in the same manner and under the same regulations as those according to which Trustees are authorized by the twelfth section of this Act to collect school-rates; and the sum or sums thus collected shall be expended in the same manner as are other moneys for the common school purposes of such section. Ninetecnthly. — To prepare and transmit, or canse to be prepared and transmitted annually, before the fifteenth day of January, a report to the Local Superintendent; which report shall be signed by the majority of the Trustees, and made according to a form provided by the Chief Superintendent of Schools, and shall specify : Firstly. — The whole time the school in their section "shall have been kept by a qualified Teacher during the year ending the thirty-first day of the previous December. Secondly. — The amount of moneys received from the school fund, from local rates or contributions, and from other source<<, dif«tiiiguishing the same; and the manner in which all such moneys tidve been exp<, ided. TTiirdly. — The whole number of children residing in the school sec- tion, over the age of five years, and under the age of sixteen ; the COMMON SCHOOLS. 195 number of children and young persons taught in the school in winter Attendance of and summer, distinguishing the sexes, and those who are orer and p"P'''- under sixteen years of age ; the average attendance of pupils in both '"■** atiend- winter and summer. ancc. Fourthly. — The branches of education taught in the school ; the num- ber of pupils in each branch ; the text books used ; the number of public school examinations, lectures and visits, and by whom, and such other information respecting the school premises and library, as may be required in the form ofa report provided by the Chief Superintendent of Schools. XIII. And be it enacted, That every Trustee of a Common School who shall knowingly sign a false report, and every Teacher of a Com- mon School who shall keep a false school register, or make a false return, with the view of obtaining a larger sum than the just proportion of school moneys comingtosuch Common School, shall, for each offence, forfeit to the Common School Fund of the Township, the sum*of five Sounds, and may be prosecuted before any such Justice of the Peace, y any person whatever, and convicted on the oath of any one credible witness other than the prosecu^er, and if convicted, the said penalty shall, if not forthwith paid, be levied with costs, by distress and sale of the goods and chattels of the offender, under Warrant of such Justice, and paid over by him to the said Common Schooi Fund, or the said offender shall be liable to be tried aud punished for the misdemeanor. XIV. And be it enacted. That no foreign books in the English branches of Educjation shall be used in any Motlel or Common School, without the express permission ot the Council of Public Instruction; nor shall any pupil in any such School be required to read or study in or from any religious book, or join in any exercise of devotion or reli- gion which shall be objected to by his or her parents or guardians : Provided always, that within this limitation, pupils shall be allowed to receive such religious instruction as their parents and guardians shall desire, according to the general regulations which shall be provided according to law. SECOKULY. — COMMON SCHOOL TEACHERS AND THEIR DUTIES. XV. And be it enacted, That no Teacher shall be deemed a quali- ^ed Teacher within the meaning of this Act, who shall not at the time of his engaging with the Trustees, and applying for payment from the School Fund, hold a certificate of qualificatioa, as hereinafter provided by this Act ; Provided always, that certificates of qualification given by local Superintendents, shall be in force until the nrsl of January, one thousand eight hundred and fifty-one. XVI. And be it enacted, That it shall be the duty of every Teacher of a Common School— Firstly. — To teach diligently and faithfully all the branches required 10 be taught in the School, according to the terms of his engagement with the Trustees, and according to the provisions of this Act. Secondly. — To keep the daily, weekly, and monthly or quarterly registers of the School ; to maintain proper order and discipline therein, according to the forms and regulations which shall be provided accord- ing to law j also to keep a Visitors' Book (which the Trustees shall caase to be provided for that purpose) and he shall enter therein the rieitsmade to his school, and shall present such book to each Visitor, and request him to make such remarks as may have been suggested by luch visit. 'Piirdly.— -To have, at the end of each quarter, a public examination ^ his school, of which he shall give due notice, through the pupils, to BranebM UDgkt, ice. Penalty for a falfe report by • Trustee -, orfalM regiiterorrtturn. Foreign books when only lo be used. Parental and religious rightf. Proviso. A qualified Teacher defined. ProTiso. Duties of Teacberi. To ob»er»e the law and agrce- uent. Registers. Discipline. Visitors' book, &c. Quarterly examiiM lions, *c. 196 I * ^ Iiiformatloa to UieSuperinteu- dents. To (telirer pap«ri, 4cc. rroTlio. Protection of Teadiera. Mo(i« of ■eating any difTereneea between Trustee! ana Teachers. Dutie« of Town- staip Couaeila. Levying roenH ror icbool purpo«ei, aa deaired by Truateei. Author iaing loanc for moooI purpoaea. COMMON SCHOOLS. their parents and guardians, and the Trustees of the school, and of which he shall also give due notice to any School Visi'iors who shall reside in or adjacent to such school section. Fourthly. — To furnish to the Local or Chief Superin»f in Citiei *. 'ro\TMi'. COMMON SCHOOLS. respect to superintendence and taxing for the erection of a schooi- liouise, as belonging to the Township in which the school-house may be situated. Fifthlij. To cause iho Cleik of such Township, to furnish the Local Supeiiniendent of Schools with a copy of all the proceedings of such Council r» laJing to the formation or alteration of school geciions, all school assessments, and other educational matters. XIX. And be it enacted, That it shall be the duty cf the Municipal Council of any Township, and of the Board of School Trustees of any City, Town or incorporated Village, on the application in writing of twelve 0." more resident heads of familic:^ \o authorize the establishment of one or more separate schools for Protectants, Roman Catholics, or coloured people, and, in such case, it shall prescribe the limits ,->{ the divisions or sections for such schools, and shall make the same provision for the holding of the first nvjetrnj^ for the election of Tiustnes of each such separate school or schools, a,; is provided in the fourth section of tl'isAcl lor holding the first school meeting in a new school section: Provided always, that eac!i such separate school shall go into operation at the same time with alterations in school sections, and shall be under the same regulations in respect to the persons for whom such school is permitted to be established, as are Common Schools generally: Pro- vided secondly, that none but coloured people shall be allowed to vote f)r the election of Trustees of the separate school for their children, and none but the parties petitioning for the estabiishruent of, or sending children to a separate Protestant or Roman Catholic Schoo. hall vote at the election of Trustees of such school: Provided thirdly, that each such separate Protestant or Roman Catholic, or coloured school, shall be entitled to share in the school fund according to the averiige attendance of pupils attending each such separate school, (i he mean aUendance of pupil? lor both summer and winter being taken,) as compared with the whole average attendance of pnpila attending the Common Schools in such City, 'I'own, Village or Township : Provideil fourthly, that no Protestant separate "chool shall be allowed in any school division except wlien the Teacher of the Common School is a Roman Catholic, nor shall any Roman Catholic separate school be allowed exc ?pt when the Teacher of the Common School is a Protestant ; Provided , fthly, that the Trustee? of the Common School sections within thf limitp of which such separate f chool section or sections shall have been formed, shall not include the children attending such separate school or schools, in their return of children of school age residing in their school sections. XX. And be it enacted, That whenever the niajority of the resident householders of the several school sections of any Township, at public meetings called by Trustees for that purpose, shall desire to abolish local school section divisions, and have all their schools conducted under one system and ono management, like the schools in Cities and Towns, the Municipality of such Township shall have authority to comply with their reijuest thus expressed, by passing a By-law to that j effect : ai'.d all the Common Schools of such Township shall be managed by one Hoard of Trustees, one of whom shall be chosen in and for each wurd of the Township, if the Township be divided into wards, and if no;, then the whole number shall be chosen in and for the whole! Township, and invested with tlie same powers, and subject to the same n!>li;,^ations, as are provitied and required, in respect to Trustees in Cities and Towns, by the Twenty-fourth section of this Act. »\;CilTlILV— COCNCILS AND TIILSTKES IN CITIES, TOWNS AND 1NC0RP0RATSI)| VILI.AGKS, AM) Til KIR DUTIES. XXI. And be it enr.rted,That the Councilor Comn on Council of suchl City or incorporated Town in Upper Canada, shall be and is herelTl I lei in of a schooi- )l-house may be niish the Local eedings of such Lool geciions, all cfthe Municipal I Trustees of any on in writing of ibe establishment Tian Catholics, 01 I the limits of the he same provislor. Trustees of each 3 fourth section of .\v sichocl section; , go into operation uul shall be under iom puch school is lis ger.erally: Pro- be iiUowed to vote iheir children, and ent of, 'T sending Schoo, hall vote I thirdly, -^hat each ired sohool, shall be veruge attendance of ailendance of pupils ired with the whole ion Schools in such y, that no Protestant io'n except when the lolic, nor shall any hen the Teacher of ;y, that the Trustee? which such separate ihall not include the ^s, in their return ol Ions. (orily of the resident Township, at publu: 11 desire to abolisL 111- schools conducted ichno's in Cilies and 11 have authority to jin" a By-law to that hip shall be managed losen in and for each ■d into wards, and d , and for the whole d subject to the same aspect to Trustees ui ihis Act. NS AND INCORPORATBC ,m on Council of such [all be and is heretj CITIES, TOWNS AND VILLAGES. invested within its limits and liberties as prescribed by law, and shall be subject to the same obli2;ations as are the Municipal C«uncil of each County and the Municipality of each Township by the eighteenth and twenty-seventh sc^'ons of this Act: Provided nevertheless, that the appointment of the Local Superintendent of schools for such City or Town, shall be made by the Board of School Trustees for such City or Town. XXn. And be it enacted, That in each w^rd into which any City or Town is or shall be divided according to law, two fit and proper persons shall be elected School Trustees by a majority of all the taxable inha- bitants of such ward ; one of which Trustees (to be determined by lot, at the first Trustee meeiing after iheir election) shall retire from office the second Wednefnlay of Januavy following his election; and the second of whom shall continue in office one year longer, and until his successor is elected ; and the person., ihu? elected shall form one Board of School Trustees for such City or Town. XXIII. And be it enacted, That on the second Wednesday in January of each year, at thi? time prescribed by the second section of this Act, one lit and proper person shall be elected Trustee in each ward of every City and To\-ii,and shall continue in oHice two years, and until his succesisor is elected ; Provided always, that such election shall be held at the place where the last municipal election was held for such ward, and under the dnection of the same returning officer, or, in his default, of such person as the electors present shall choose ; and such e.ection shall be conducted in the same manner as an ordinary municipal election in each ward of such City or Town. XXIV. And be it enacted, That the Board of School Trustees for each City and Town, shall be a corporation under the name of "The Board of School Trustees of the City (or Town) of in the County of ;" (the first meeting thereof may be called in the City OT Tov7n Council room by any Trustee), and it shall be the duty of such Board : Firstly.— -To appoint annually or oftener, a Chairman, Secretary, Superintendent of Schools, and one or more Collectors of school rales, (if required) ; and to appoint the times and places of their meetings, ana the mode of calling them, — of conducting and recording their pro- ceedings, — and of keeping all their School accounts. Secmdly. — To take possession of all Common School property, and to accept and hold as a Corporation all property which may have been acquired or given for Common School purposes in such City or Town, by any title whatsoever : to inanaue or dispose of such property, and all nioneys or income ibv Common School purposes, until the power hereby ijiven shall be taken away or modified by law, and to apply the same, nr the proceeds, to the objects for which they hin'e been given or acquired. Thirdly. — To do whatever they may judge expedient \vith regard to purchasing or renting school-sites and premises, — building, repairing-, f^iirnishing, wairninir and keeping in order the school-house or school- Houses and its oi llielr appendages, lands, enclosures and moveaMe property, — for procuring ".uitable apparatus and text-books, — and for the eitablishment and tnaintenance of a school library or school libraries. Fourthly. — 'ro.deterrnino the number, cites, kind and descnplinn of l^hools which shall be established and maintained in such City or Town, — the Teaciier or Teachers who shall be employed, — the terms "f employing them, — the amount of their remuneration, and the duties which they are to perform. — the salary of the Superintendent of Schools appointed by them, and his duties; and to adopt, at their discretion, VJi) Two Trustee* m each ward. Order of retiring from Offiee Board of 'i'ruiKea. A Trurtec to ht- elected in eacli ward of a City or Town. Election. To be a Corpora - tiori. Dutiee of tlie Board. To appoint nr- tainUtlicers, &c. To liold srliool property, &.i:. To |irr,vi.i(- r.im liiim srlioi.i |irt'iiilst.'», HXi- liuoks, dec. 'I'o (loteriiiiiic line miml)er am; klini of 8cIioo1h : Ciii- plny Teaclicrs, ..I - •! 200 COMMON SCHOOLS. k. V A Com mi lice to lake iMi' cliftryf ofcachscliool. To I II like nn t'sU'liflll! of 'J'lM> Miiiiicip.il C'otinfi! to pro- viilf lor such CJi(KllliC'S- To levy scliool rate lollii. Till' Piims tliiiH collicieil to be |i;ud over. To givi' orrlrrs for inoni'V 10 Teacticrt^, &c. To c.-'ll fc.haol nice tings. A» to persons elected to fill VJ&ancie.^. Hiipplying pro|)cr te.tt-booits, &c. Further duties. Annual ecliool rcporu, &.C. such measures as they shall jiiilge expedient, in concurrence with the Trustees of the County Grarnmur School, for uniting one or more of the Common School.s of tho City or Town with such Grammar School. Fijlhhj. — To appoint annviully, or oftener,ifthey shall judge expedient, for tlie special charge, over.-iiyht, and management of eatdi schnoi within such City or Town, and und' " '• regulations as they shali think proper to prescribe, a Comm, . not more than three persons for each school. Sixthly. — To prepare from time lo lime, and lay before the Mimicipal Council of such City or Town, an estimate of the sum or simis which they sliall judtro expedient, for paying the whole or part of the salaries of Teachers, — for purchasing or reiiliiig school premises, — for building, renting, repairing, warming, furnisliing and keeping in order the fichool- liouses and their appemlages and grounds, — for procuring suitable apparatus and text-books for the schools, — for the establishment and maintainance of scluiol libraries, — and for all the neces-sarry expenses of the schools under their charge ; and it shall be the duty of the Com- mon Council or Council of such ('ity or Town, to provide sudi sum or sums in such manner as shall be desired by the said Board of School Trustees. Seve.itlhly. — To levy at their discretion, any rates upon the parents or guardians of childien attending any .school under their charge, and to employ tlie same means for ccllecting such rates, as Trustees of Common Schools in any Townships may do under the twelfth section of this Act: Provided always, that all moneys thus coIlt?cted shall be paid into the liand.s of the Chamberlain or Treasurer of such City or Town for the Common School purposes; nf the same, and shall besubjecl to tho order of the said Board of School Ti u.stecs. Eiglilhli/. — To give orders to Teachers and other school officers and creditors upon the Chamberlain or Treasurer of such City or Town, for the sum or sums which shall be t'lie ihem. Ninthh/. — To call and give no) ce of annual and special sclioo! meet- ings of the taxable inhabitants oi such City or Town, or of any Ward in it, in the same manner and umlei the same regulations as are prescribed in the twelfth section of this Act, lor the appointment of annual and special school meetings in the .school sections of Townships; Provided always, thai any person elected at any special ward school meeting, to fill a vacancy which shall have occurred in the Board of Trustees, from any cause whatever, shall hold office only during the unexpired pari of the term for which the person whose place shall have become vacant, was elected to serve. Tenthly. — To see that all the pupils in the schools are duly supplied whh an uniform series of authorized text-books, — to appoint a Librarian, and lake charge of the school library or libraries, whenever esta- blished. ElevaUhly. — To see that all the schools under their charge are con- ducted according lo the regulations authorized by law ; and, at the close of each year, lo prepare and publish in one or more of the public papers, or otherwise, for the information of the inhabitants of such City or Town, an annual report of their proceedings, and of the progress and state of the schools under their charge, — of the receipts and expenditure of all school moneys, — and lo prepare and transmit annually, before the fifteenth of January, lo the Chief Superintendent of Schools, a report, signnd by a majority of the Trustees, and containing all the informa nirchief'aJper" tion required in'lhe'reports of Common School Tru.stees by the twelfth intendLiii. section of this Act, and any additional items of information which may Conteiiis of sucli ^^ iawfidly required, and made according to a form which shall be pro- report. vided for that purpose by the Chief Superintendent of Schools. rrence with the 3 or more of ihe jar Scliool. juilge expedient, ell scliool within hey fhali think liree persons for re the INIiinicipal or snnis which rt of the pahiries jb-,— for building, 1 order the ischool- rociirin<» suitable stablishment and cessarry expenses duly of the Corn- vide such sum or L Board of School upon the parents their chav';;e, and es, as Trustees of ihe twelfth section collected shall be if of such City or and shall be subjecl school officers and City or Town, for pecial school meet- , or of any Ward in ns as are prescribed ent of annual and wnships; Provided 1 school meeting, to Ird of Trustees, from e unexpired pari of e become vacant, are duly supplied I appoint a Librarian, iss, whenever esta- ^ir charge are con- Iw; and, at the close lof the public papers, If such City or Town, Iro^ress and slate ot II expenditure of all Innually, before the If Schools, a report, Tmg all the informa- fetees by the twelfth trmatio'n which may ] which shall be pro- of Schools. DUTIES OF COUNTY COUNCILS. XXV. And be enacted, That iho Municipality of every incorporated Village, shall possess ami exercise all the powers, and be subject to all the obligations with reganl to the levying and rai-ing of moneys for Common School purposes, and for the estiiblishmtMit and rnaintainiince of school libraries, within the limits of such incorporated Villaue, as are conferred and imposed by this Act upon tho Municipal Corporations of Cities: Provided always, that on the second Wednesday in January, one thousand eight hundied and lilty-one, in each such incorporated Village, at the place of tho tlien last atunial election of Coinicillors, there shall be a meeting of tho taxable inhabitants of sucli ineoiporateil Village, and which meeting shall bo organized and conducted in tho same manner as is prescribed in the twenty-third section of this Act, for the conducting of annual school meetinirs in the wards of Cities and Towns; and al such meeting, six lit and proper persons, from among the resident house-holders, shall be elected School 'I'rnstees for such incorporated Village ; and the persons thus chosen shall be divided by lot into three classes, of two individnals each, to be numbered one, two, three ; tho first class shall hoM ofFuie one year, — the secoiul, two years, and tho thiril, three years, and until their successors are elected; but each Trustee retiring from office shall be eligible lobe re-elected with his own consent ; Provided secondly, that there shall bo a like school meeting annually in each such incorporated Village, at which two per- gons shall be chosen Trustees in the place of the two retiring from office, and shall coiltinue in olfice two years, and nnlil their successors are elected : Provided thirdly, tluxt the lirsl annual school meeting in each incorporateil Village, shall be called by tlioTownreevc of such Village, who shall cause notices to be posted in at least six public places of such Village, at least six days beforo the timy of hoUling such meeting. XXVr. And be it enacted. That the Trustees elected in each incor- porated Village, according to the provisions of the preceding section, shall succeed to all the rights, powLMS, obliijalions and liabilities of the present Trustees of such incorporated Village, and shall be a Corpora- tion under the title of the " Hoard of Trustees of the Incorporateil Village of in the Couniy of ;" and shall possess all the powers, and be subject to all the obligations, within the limits of such incorporateil Village, as are conferred and imposed by the twenty-fourth section of this Act upon the Trustees of Cities and towns. FIFTHLY. — DUTIES OF COUNTY MUNICIPAL COUNCILS. XXVII. And be it enacted. That it shall be the duty of the Municipal Council of each County- Firs/?//.- — To cause to be levied each year upon the several Townships of such Couniy, such sum or sums of money, for t'lo payment of the salaries of legally qualified Common School Teacl'^rs, as shall at least be equal (clear of all charges of collection) to the amount of school money apportioned to the seve'-al Townships thereof for such year, by the Chief Superintendent of Scnools, as notifietl by him tosnch Council, thron^h the County Clerk: Provideil always, that the sum or sums so levied may be increased at the discretion of such Coimcil, either to increase the County School Fund, or to give special or additional aid to new or needy School Sections, on the recommendation of one or more Local Superintendents : Provided also, thatthe sum required to be levied in such County in each year, for the salaries of legally qualified Teach- ers, shall be collected and paid info the hands of the County Treasurer, on or beforfl the Fourteenth day of December ; and provided likewise, that in case of the non-payment of any part of such sum into the hands of the County Treasurer at that time, no Teacher shall, upon applica- tion, be refused the payment of the sum to which he may be entitled 201 Powprs of t'oim- atcil Villiigev. Firft (lection of Trii. How ticM anil coiuliictfil. Six Tnixirrs to be I'li.'C It'll. Mo'Ip of ritirc- iii'rit fr'jin Olliri' Two Trii!^tt*'s to be elected tliero- after. Mo'le of calling the lirst tnecting. Trustees fhiio KUbstitiitedroi the prot^eut Triit-itei. To he a Corpor- ation. Their power?, i)hliuntioii9 anil duties. Dulles! of Ccur.ty Councils. Til r!ii=e a sum equal 10 the Leg- islative KCllLOl (jrant. Piich sum may be iiicrcnscd. Time for pay- ment of County Bchool a>BC!M- inent. :' ( » «,- '?" 1 202 COMMON SCHOOLS. Nu'l'hni"lir-rlo he .•ffuBtnl ihi- pay- iiient oil account of ilif ii'iii-collec- Uoii of aeaciiii- III'Ml!. To raiM(! inonuy tor ichoul library. To npjKiint local Supuriiituiidenu. No locfil Siiper- iiiieiKleiittoliiive c'.harije of more than tOUschoolH, To secure all school tiioiiuys. No (Ibiliiciioit allowed. M;iy nppoint a ■iiib-ireasurer. To ciiisc school .•\ccoiMUs to be ;iU(liird, &u. ALisiraclof such accounts 10 be iranHiiiiited, &c. Conity Roard of I'ublic Iiisiruc- tion coustituted. CiMoruiu for the i.'xaiiiinution of Tuachcrti i and for other pur- poses. Incidental ex- pences liow Jcfrnyed. from such year's County School Fund, but the County Treasurer phall pay any local Superinlendeiit's lawful order in behalf of such Teacher in anticipation of the payment of the County School assessment ; and the County Council shall make the necessary provision to enable the County Treasurer to pay iho amount of such lawful order. Secondly. — To raise by assessment such sum or sums of money aa it shall judge expedient, for the establishment and maintenance of a County Common School Libniry. Thirdly. — To appoint annually a Local Superintendent of Schools for the whole County, or for any one or more Townships in such County, as it shall judge expedient ; to fix (within the limits prescribed by the thirtieth section of this Act) and provide for the salary or salaries of such Local Superintendent or Superintendeiits : Provided always, that no such Local Superintendent shall have the oversight of more than ono hundred schools ; and provided also, that the County Clerk shall forth- with notify the Chief Superintendent of Schools of the appointment and address ot each such Local Superintendent, and of the County Trea- surer; and shall likewise fnrnisli him with a copy of all proceedings of such Council, relating to School assessments and other educational matters. Fourthly. — To see that sufficient security be siven by all officers of such Council to whom Lschool moneys shall be entrusted,— to see that no deduction be made from the School Fund by the County Treasurer or Sub-treasurer, for the receipt and payment of school moneys,— to appoint, if it shall judge expedient, one or more Sub-treasurers of school n* jneys, ""ir one or more Townships of such County : Provided always, that each such Sub-treasurer sliall be subject to the same responsibilities and obligations in respect to the accounting for school mcnieys and the payment of law^ful orders for such moneys given by any iiOcal Superin- tendent within the parts of the County for which he is appointed Sub- treasurer, as are imposed by this Act upon each County Treasurer, it respect to paying and accounting for school moneys. Fifthly. — To appoint annually, or oftener. Auditors, wliose duty it shall be to audit the accounts of the County Treasurer and other officers? to whom school moneys shall have been intrusted, and report to such Council ; and the County Clerk shall transmit to the Chief Superinten- dent of Schools, on or before the first day of March in each year, a certified copy of the abstract of such report, and also give any explana- tion relating thereto, as far as he is able, which may be required by the Chief Superintendent. SIXTHLY — CONSTITUTION ANd' DUTIES OF THE COUNTY BOARDS OF PUBLIC INSTRUCTION. XXVIIL And be it enacted, That the Board of Trustees for the County Grammar School and the Local Superintendent or Superinten- dents of Schools in each County, shall constitute a Board of Public Instruction for such County : Provided always, that where there is more than one Grammar School in a County, the County Council shall have authority to divide such County into as many Circuits as there are County Grammar Schools, and the Trustees of each County Grammar School and the Local Superintendent or Superintendents of Schools in each circuit, shall be a Board of Public Instruction for such circuit : Provided also, that at any lawful meeting of such Board, not less than three mem- bers, including a Local Superintendent of Schools, shall constitute a quorum for examining and giving certificates of qualification to Common i School Teachers, and not less than five members shall constitute a quorum for the transaction of any other business : Provided likewise, | that the incidental expenses connected with the meeting and proceed- prorrranii ' Treasurer phall of suoh Teacher, assesament ; and on to enable the der. 8 of money as it naintenauce of a jnt of Schools for n such County, aa prescribed bv the ciry or salaries of ided always, that t of more than one Clerk shall forth- e appointment and the County Trea- of all proceedings other educational by all officers of isted,— to see that County Treasurer school moneys,— to •treasurers of school : Provided always, ime responsibilities A mcMiuys and the any Local Superin- is appointed Sub- unty Treasurer, it )r3, whose duty it and other officer? and report to such Chief Superinten- 1 in each year, a give any explana- r be required by lUNTY BOARDS Or af Trustees for the lent or Superinten- a Board of Public where there is more Council shall hare as there are County y Grammar School of Schools in each ih circuit: Provided 3SS than three mem- shall constitute a ification to Common I shall constitute a Provided likewise, eting and proceed COUNTY BOARDS ANT) SUPERINTENDENTS. inga of each County Board of Public Instruction, shall be provided for by the Municipal Council of such County. XXIX. Atid bo it unacted, That it shall bo the duly of each County Board of Public Instruction — Firslly. — To meet not less than four times a year, — to detorniiiio the time and places of its own meetings, — and the order of its proceed ini.fs, tod the manner of recording them. Secmdlij, — To examine and give certificates of qnalilication Id Teacheisof Common Schools, arrani^ingsuch Teachers into threo classes according to their attainments and ability, as shall be prescribed in n )rograrume of examination and instructions to bo provided according to aw; also, to annul any such certificate as it shall judge expedient: 'rovided always, that no certificate of qualification shall be given to any person as a Teacher, who shall not furnish satisfaclory proof of gooil moral character; nor to any person who shall not, at the lime of ap[>lying forsuchcertilicateol (jualification,bea natiual-born or naturalized subject of Her Majesty, or who shall not produce a certificate of having taken the oathof allegiance to Her Majesty, before someoneofllerMajesly'sJustices of the Peace for the County in which he shall be a resident; and all Justices of the Peace are hereby authorized to administer such oath of allegiance : Provided also, that any such certi.icate of qualification shall be general, as regards the County, or limited as to time or place, at the fleasure of the majority of the members of the County Board of Public nstruction present at such examination : Provided likewise, that every such certificate shall have the signature of at least one Local Superin- tendent of Schools. Thirdly. — To select (if deemed expedient) from a list of text-books recommended or authorized by the Council of Public Instruction, such books as they shall think best adapted for use in the Common Schools of such County or Circuit, and to ascertain and recommend the best facilities for procuring such books. Fourthly. — To adopt all such lawful means in their power as they shall judge expedient, to advance the interests and usefulness of Com- mon Schools, to promote the eatablishment of School Libraries, and to diffuse useful knowledge in such County or Circuit. SEVENTHT-V— DUTIES OF LOCAL SUPERINTENDENTS OF SCHOOLS. XXX And be it enacted. That each Local Superintendent of Common Schools, appointed as provided for in the twenty-seventh section of this Act, shall be entitled annually, to not less ''lat one pound currency per School placed under his charge, together with ai.y additional remuner- ation or allowance which the Council appointing him shall grant ; and such Superintendent shall be paid the same in quarterly instalments by the County Treasurer. XXXI. And be it enacted, That it shall be the duty of each Local Superintendent of Schools — First — As soon as he shall have received from the County Clerk a notifi- cation of the amount of money apportioned to the Township or Townships within the limits of his charge, to apportion the same among the several School sections entitled to receive it, (unless otherwise instructed by the Chief Superintendent of Schools) according to the rates of the average attendance of pupils attending each Common School, (the mean attend- ance of pupih; for both summer and winter being taken) as comparefl with the wnole average number of pupils attending the Common Schools of such Township. Secondly. — To give to any qualified Teacher, and to no other, on the orderof the Trustees of any School section, a Check upon the County 203 PuiiiM u( t':idi Coiiiiiy Hont.l. 'I'o uii'ci (lunrier Iv, fltr. 'I'u I'Xnmiiii' atnl ;;pvo i-crtiflcatnK l |iro- nioio iritprcfiis of iCllOOlH. ReinuniTi;;loii, To he paid quar- terly. Duties. To distribuie itie common icliool fund. t I Togivechecltsiy Teachers for Bcliool uioneys. 204 COMMON SCHOOLS. ('onditiont. Conditions not to npply to new scliodi suctions. To visit each school. Duties at such visitations. Tofli'liver public lecturi'it. Topics. oiher duties. To enforce the law. To reconiniend the use of lext- liooks, ice. To ntioiid ilie iiicetiiijts 01 the County Ho.ird of ItibtruclioM.&c. To nttend arbi- trnl:ons. To (fccide oiher 'lucsiions. ' 'r rcicr thcin to ihf fliicf ,Su[)cr- illtCIIlJL'Ht. I'rovi-o : for .IppO.ll. To Hiispeml cer- 'itir.Ti''s of q inlKlcaiioii In < ertnin cases. I'lli'.-i of such c.'uicclting. To oliservc nil Inwful ri'unla- lioiis, tec, ulve infc)rnwition to ChlrfSiiperin- tiMiiloni, and arcnutils, &c., to auilitutd. Treasuter or sub-Treasurer, for any sum or sums of money apportioned anil due to such section : Provided always, that he shall not pay any such order of the Trustees of any school section, from whom no satifao- ♦.ory annual school report shall have been received for the year ending the last day of December preceding; nor unless it shall appear bysuca report, that a St-hool has been kppt by a qualified Teacher in such seo tion, for at least six months during the year ending at the ilate of such report ; Providi'd aiso, that liio foregoing condition shall not apply to the order or oiders of Trustees in any new School section, for money appor- ioned and due to such section. Tliirdlij. — 'in visit each Common School within his jurisdiction, at least once in each (inaiter; and at the time of each such visit, to exa- mine into the sh'.to and condilion of the School, as respects the progreM of the pupils ill learning, — tht; order and discipline observed, — the sy*- tem of instruction peisued, — the mode of keeping the School Registers, — the average attendance of pupils, the character and condition of the building and premises, — and to give such advice as he shall judge proper. Fourthuj. — To deliver in each school section, at least once a year, a public lectur(; on some subject connected with the objects, principles and means of practical education ; and lo Uv) all in his power to persuade and animate Parents, (luardians, Trustees and Teachers, to improve the character and elliciency of the Common Schools, and secure the universal and sound education of the young. FlftJily. — To seo that all the schools are managed and conducted according to law, — to prevent the useof unauthorized, and to recommend the use of authorized books in each school, — to acquire and give infor- mation as to the manner in which such authorized books can be obtained, and the economy and advantages of using them. SuiJihi. — To attend the meetings of the County l^oanl of Public Tuslruelion, — lo meet and confer with the Chief Superintendent of Schools at such time and place as he may appoint when making an odicial visit to such C'ounty, for the promotion of the interests of Edu- cation. Smrnlhlij. — To attend the Arbitrations, and to meet the Townreeres as proviileil for in the twelfth and ei-jfhleenth sections of this Act, — to tlecide upon iiny other questions of dill'erence which may arise between interested parlies under the operation of this or any preceding Act, and which may be submitted to him ; Provided always, that he may, if he shall deem it advisable, refer any such question to the Chief Superin- le!id(Mit of Schools : Piovideil also, that any aggrieved or dissatisfied parly, in any ca '-'^iM Proviso : general meetiiigg way be called. Udtiei and ob> jecu of «ucb ineetingi. Chief Superin- undent of vtcbooli. Hiiialary. To account for the contingent expenses of bia Office. To be allowed two clerks ; itaeir salaries. Dutio«. To apftortion all moneys granted for tlie support of coiniiion schools. To certify such apportionment to the Ins|x.>ctor Genaral, &c. To prepare forms dec, and trnns- uiit them to local Officers. To cause copies of school law, regulationii, &c., to be distributed. COMMON SCHOOLS. others present, as he may think advisable, in accordance with the regulations and instructions which shall be provided in regard to School Visitors according to law : Provided always, that a General Meeting of such Visitors may be held at any time or placa which may be appointed by any two Visitors, on suflicient notice being given to the other Visitors in the Township, City, Town or Village, and it shall be lawful for such Visitors, thus assembled, to devise such means as they may deem expedient for the eflicient visitation of tlie Schools, and to promote the establishment of Libraries and the diffusion of useful knowledge. NINTHLY. — DUTIES OF THE CHIEF SUPERINTENDENT OF SCHOOLS. XXXIV. And be it enacted, That the Governor may, from time to time, by Letters Patent under the Great Seal of the Province, appoint a fit and proper person to be Chief Superintenden of Schools for Upper Canada, who shall hold his office during pie on8 10 conduct Tenchfrs' Inntitiites, k.». To ncrouni fcr nioneyi, 4tc. To report annunlly to tbe Governor. V ' 208 Council of rnllic IiiHiructiuii fur U. U. Of wliorii to coiibiiii. Proviilinija place nml ilufinyiiiK expeiijos of tiic iiit'(.'iiii:,'s o'' swell Council, &.C. nwit to tiic Council. His duiiL>8. Duiios of tlie Couucil. To reuulnte its o\vii|)roct'eJiiigs. To provide for poriiiaiKMit c'sta- liliHlitrii'iit anil cirKiLMicy of Nor- iiial rfclioul. To nnk(! riil('« fjr till" Normal ^'cllO(Jl; |ir(_'sciil)0 terms of ailiiiis- sioii, &c. To appoint Teaciiuti), •See. To m.ikt< rei^iila- tions for iho povcriiini'iit of common scliooU'. To OTRiniiie and recoiiiiiieiiil bool(i<. Pfovlw. To arcoiint nn- nunllv (Jraiit for the Normal Scliool. COMMON SCHOOLS. derived, with such statements and suggestions for improving the Coai» men Schools and the Comnnoii School laws, and promoting oduoatko generally, as he shall deem useful and expedient. TENTJILY. — CONSTITUTION AND DUTIES OF THE COUNCIL OF PVBUD INSTRUCTION. XXXVI. And be it enacted, That the Governor shall have authority to appoint not more than nine persons (of whom the Chief Superinten- dent of Schools shall be one) to be a Council of Public Instruction for U})per Canada, who shall hold their office during pleasure, and shall be subject from time to time to all lawful orders and directions in the exer- cise of their duties, which shall from time to time bo issued by the (jovernor. XXXVII. And be it enacted. That the Chief Superintendent of Schools shall provide a place for the meetings of the Council of Public Instruo lion, and shall call the 'irst meeting of the Council, and shall have autho- rity to call a special meeting at any time by giving due notice to the other members; thai tlie expenses attending the proceedings of the said Council, shall be accountetl for by the Chief Supevinteiidcnt of Schools as part of the contiiiireiit expt'iiscs of the Education Ollice ; that the Senior Clerk in the Jv.lucatitju Oflire shall be Recoi;ding Clerk to the said Council, — shall enter all its proceetliiigs in a book kept for that pur- pose, — shall, as may be directed, procure the books and s'ationery for the Normal and Model Schools^ • nil shall keep all thg accounts oif tha saiil Council. XXXVI FI. And be it enacted, That it shall be duty of the said Coun- cil of Public Instruction, (three members of which, at any lawful meeting, shall form a quorum for the transaction of busine.*.s)^ First. — To appoint a Chairman, and eMablish the times of its meetr ings, ami the mode of its proceedings ; which Chairman shall bs entitled to a seconder casting vote in cases of an equality of votes on any question. Sccondhj. — To adopt all needful meanures for the permanent establish- ment and erticiency of the Normal School for Upper Canada, containiri);; one or more Model Schools for the instruction and training of Teachers of Common Schools in the science of Education and Art of Teaching. Thirdlij, — To make from lime to time the rules and regulations necessary for the management and government of such Normal School, — to prescribe the terms and conditions on which students shall be received and instructed therein, — to select the location of so ii school, and erect or procure and furnish the buildings therefor, — lo determine the number and compensation of teachers, and all others who may be cniployeil therein ; and lo do all lawful things which such Council shall deem expedient to promote the objects and interests of such school. Fourtlilij. — To make such regulations from time to time as it shall deem evpedient for the oriranization, government and discipline of Commoa Schools, — ihe classiiication of Sciliools ifnd Teachers, and for School Libraries throughout Upper Canada. Fifthhi, — To examine, ami at its discretion^ recommend or disapprove of text-books for the use of schools, or books for School liiliraries: Pro- vided always, that no portion of the Legislative School (irant shall be applieii in aitl of any school in which any book is used that has been disapproved of by the Council, and public notice given of such dis- approval. .,. Sixthly. — To transmit annually, through the ChiefSuperintendent of Schools, lo the Governor, to be laid before the Legislature, a true acoounl roving the Cooi^ loting eduoaiioD CIL OF PUBUS I have authority hief Superinten- a Instniction for lire, and shall be lions in tho exer- )G issued by the tendent of Schools f Public Instruo- shall have aulho- lue notice to the edings of the said jndfut of Schools Ollice ; that the ling Cleik to the : kept for that pur- and stationery for ,g account3 of the r of the said Coun- ch, at any lawful isine.^s)— imes of its raeetr iirmau shall be ality of votes on rn. an tMit establish- vnaela, containing I inn- of Teachers I of Teaching. and regulations ,. Normal School, students shall be of sn h school, 01-^ — to determine lers who may be ch such Council interests of such ti me as it shall deem nline of Common and for School lend or disapprove Inl l/ilirarios: Vto- ]o\ (Irant shall be (sed that has been liven of suoh tli»- Juperintendent of [ure, a true account MISCELLANEOUS PROVISIONS. 209 Ornnt for the Moruiol BCliuol. Anil to facilitntc ilie nitcmluiice of TeacliLTi. of (he receipt and expenditure of all moneys granted for the establisli- OWDt and support of the Normal School. ELEVENTHLY. — MISCELLANEOUS PROVISIONS. XXXIX. And be it enacted, That a sum not exceeding Fifteen Hundred Pounds per annum shall be allowed out of the Legislative School Grant for the salaries of officers and otlicr contingent expenses of the Normal School ; and that a sum not exceeding one thousand pounds per annum be allowed out of the said grant to facilitate the attendance of Teachers in training at the Normal School, under such regulations 36 shall from time to time be adopted by the Council of Piiblic lofltruction. XL. And be it enacted, That the sum of money apportioned annually Common schnot by the Chief Superintendent of Schools to each County, Township, City, [llj^jj" <^o"*t'" Town or Village, and at least an e(]ual sum raised annually by local assessment, shall constitute the Common Sc1io(j1 Fund of such County, Conditions of Township, City, Town or Village, and shall be expended forno other ">'i"^""^""'""- purpose than that of paying the salaiies of (jualiliinl Teachers of Com- mon Schools: Provided always, that no County, Cily, Town or Village shall be entitled to a share of the Legislative School Grant without raising by assessment a sum at least ccjual (clear of all charges for collection) lo the share of the said School G:ant apportioned to it ; and provided also, that should the Municipal Corporation of any County, City, Town or Village, raise in any one year a lejs sum than that apprtioned to it out of the Legislative School Cm ant, the Chief Super- , inlendent of Schools shall deduct a sum equal to the deficiency, Irom the apportionment to such County, City, Town or Village in the following year. XLI. And be it enacted. That it may and shall be lawful for the Ccnnin sums to Governor in Council, to authorize the expenditure annually, out of the i'chool'iibrarit'/. share of the Legislative School Grant coming to Upper Canada, of a tc, sum not exceednig three thousand pounds, for tl)e establishment and support of School Libraries, under such regulations as are provided for ^ by this Act ; of a sum not exceeding iweniy-liye pounds in any County or Riding for the encouragement of a Teacher's Institute, under ther regulations hereinbefore provided ; and of a sum not exceeding two hundred pounds in any one year to procure plans and publications for the improvement of School Architecture ami practical Science in con- ihe liereio- Moneyi appor- tioned wbeo 10 be payable. nexion with the Common Schools; Provided always, that the amount Pro»J»o: heretofore apportioned in aid of common schools to the several Counties, "ore^npporuoncd Cities, Towns and Villages in Upper Canada, shall not be lessened by mn id of common the appropriation of such sums, but they shall be taken ont of any fesl.«mi .""''* ''* additional amount awarded to Upper Canada, out of the said Grant, in consideration of the increase of its population in proportion to that of tho whole Province. XLII. And be it enacted, That the sum of money annually appor- tioned in aid of (Common Schools in the several (bounties, Cities, Towns and Villages in Upper Canada, shall be payable on or before the first (lay of July, in each year, to the Treasurer of each County, City, Town and Village, in such way as the Governor in Council shall from lime to lime direct. XLIII. And be it enacted. That if any part of the Common School Protpctlon of ttve Pttnd shall be embezzled or lost thronch (he dishonesty or faithlessness common ichooi of any party to whom it shall have been entrusted, and proper security against such loss shall not have been taken, the person or persons whose duty it was to have exacted such security, shall be responsible for the rom or sums thus embezzled or lost, and the same may be recovered fromthem by Civil Suit in any Court of Law having jurisiUction to the |r . ' '■•X.'' 210 (.'ertilicalee of qualiiicatiori (or U.<;. may lie );raii(eit lo 'I'eanlifrH under rt;rt!iiti circucii- I'roviw. Proviso : Pro- ceediiig* if any Sccrciary-Trtui- surer Hhall wrongfully hold over money, cliattels, tec. Protiio. Salaries ofSnper- iiiu^iulenii, dec-, how paul. I'liniHhmoiit or !«'ri«.)nii ili'tiiir!)- iMK ii)eoki»i{S&aid onl of the Common School Fund, which shall, wholly and without diminution, he expended in the payment of Teachers' salaries as hereinbLfore provided. XLVL And be it enacted, That any person who shall wilfully dis- turb, interrupt, or disquiet the proceedings of any school meeting authorized lo bo held by this Act, or any school established and con- ducted under its autuority, shall, for each ofionce, forfeit, lor Common School |)iirposes, to the School Section, City, Town or Village, within the limits of which such offence shall have been committed, a sum not exceeding five pounds, and maybe prosecuted before any Jucticcof LEGISLATIVE GRANT. Ill eivo such sum or )e lawful for the n ef tilt; Teachere )miaoii Schools a ly pint of Upper al\A-ays, that no 1 not have been a if any Secietary- L'lioul division, or [k1 luiviiig in hie vhicli nliiill have , shall wiongfully pay over the same iP as he may have Tiut^tees for such efusal shall be a rity of such Trus- loklins or refusal the Jnd^G of the ,n order that such ippear before such irder, which shall, ;rvcd on tlie party 1 at his residence, leiiia satistied that inner, and v\'hether jmplaint; and if he , he shall order the ay over the books, ilay to be named costs incurred in in the event of a d order or any or rthwith arrested by e found, and be by , there to remain satisfied that such the books, papers, ed by the majority r done which, such hall be discharged under this proviso jdy which the said , or person having Irles of the Chief or ]rsous employed, or be ))aid out of the liout diminution, he jeinbefore provided. shall wilfully dis- iy school meeting [{al>lished and con- lorfeit, I'or Common or Village, within imilted, a sum not lore any Jueticcof Y: Tempornry pro- vigioni for hold* ing the flr*i election! id Cities and Townj. ihe Peace, by any person whatever, and convicted on the oath of one credible witness other than the prosecutor, and if convicted, the said penalty shall, if not forthwith paid, be levied with costs by distr.ss and sale of the goo(U and chattels of the otTender, under a Warrant of such Justice, and pail over by him to the School-Treasurer of such Section, City, Town or ViHarre ; or the said otTender shall be liable to be indicted and punished for the same as a misdemeanor. XLVII. And be it enacted, That the first election of Trustees in all the Cities and Towns of Upper Canada, as provided for in the twenty- second section of this Act, shall commence at ten of the clock in the forenoon of the first Tuesday in September, one thousand eight hundred and fifty, and that the places of election in the several Wards of each City or Town, loi^ether with the name of the Returning Officer for each such Ward, shall be duly notified, by causing notices to be put up in at least three public places in each such Ward, and not less than six days before such election, by the Mayor of each' City and Town respec- tively : Provided always, that the Scho;>l Trustees then elected in each City and Town, shall be subject to all the obligations which have been contracted by tho present School Trustees of such City or Town ; and shall be invested with all the powers conferred by this Act on School Trustees of Cities and Towns for the fulfilment of such obligations, and for the performance of all other duties imposed by this Act; and the word " County" shall include Unions of Counties for Municipal purposes. XLVIII. And be it enacted, That the Interpretation Act sl>all apply interpretaitos to this Act ; that the word '* Teacher," shall include female as well as ciaiwe. male teachers ; that the word "Townships" shall include Unions of Townships made for Municipal purposes. ACT V2 VIC. CAP. 200. An Act to raise an Income of One Hundred Thousand Pounds out of the Public Lands of Canada, for Common School Education. [Royal Assent promulgated by Message to the Legislature, 27th May, 1850.] WHEREAS it is desirable that an annual sum of one hundred thousand pounds should be raised from the Public Lands of this Province, for ti>c iiiaiiitena.ice and support of Common Schools therein, and that so miicli of tlie lirst moneys to he raised by the sale of such Lands as shall bt) suliicient to create a Capital which shall produce the said annual sum of one iumdred thousand poimds at the rate of six per wint. per annum, should be set apart for that purpose: Be it therefore onacted by the Queen's .Most Excellent Majesty, by and with the ad- vice and consent, &,c., Tliat all moneys that shall arise from the sale of any of the Public Lami.s of the Province, shall be set apart for the pur- pose of creating- a capital which shall be sullicient to produce a clear .vun of sue luuidred thousand pounds per annum, which said Capital iiud the Income io bo derived therefrom shall form a public fund to be tailed the Common School Fund. II. And be it ruiarfod. That the Capital of the said Fund shall from time to time be invested in the Debentures of any Public Company or Companies in thi- Province, which may have heen incorporated by an Act of the Legisl.iiure, for the constrnciion of Works of a public nature*, and which said tJompauy or Companies shall have subscribed their Prcanbtc. All nioiicT* aridinp from ilic HaW* nf arijr Piililic Lnnilr nppropri.Tted ^) ti.rm 1 School riitiil. Diiill ittey amount to n certain huri. How ii«trr» nio- iioya shiili t« invcBtad. ftork of PnMic Oiinpan*"*. •I 212 r k * J'roTlncial Debentures. To wlial pur- iio«ei only ficn iiioncyi shall be appliL'il. One Million of Acrei to he set apart for the imr- liose* of (brniiiig the >iiiid Fund. Proviso : certain cliiirgea to be first paut. Trewjcl Annual Griiiitforl^chools tocennewhenitie said Fluid slinU produce X'30,000 a year. ProvifiO. In ihe meantime tlieincomeof tirc said Fund to Ix; applied towards paving tlw said Annual Grant. ProviM; if the faid Fund pro- duce less than jC5(),0(M> in any year, the deffi- riency shall be made up, prort an aforesaid, Governor, &.(?., may either ap- prove or disap- prove of such last iiieiitionp'l iioiiiination. 'I'mslreB author- ised 10 make rules and regula* lion respect j I g said cchooU. 214 GRAMMAR SCHOOLS. Modeofpnjrment of the lalariea of the laid Teacfaer*. (See 39 C.ro. Ill, aie«i. t, Cli. 4.) OoBtinuance of iliis Act. administering the Government of this Province, from time to time, to issue hia warrant to the Receiver General of this Province, for the pay* ment of such yearly salary or salaries, half yearly, as shall or may from time to time be due to any Teacher or Teachers appointed under this Act, upon such Teacher or Teachers producinpr a certificate signed by the Trustees, or the majority of them, of the District in which he shall have so taught or educated youth, of his having faithfully demeaned himself in his office as a Teacher as aforesaid, for and during such time as he shall so require payment for his service. VII. [Repealed by 48th Geo, III. Chap. IC] • ACT 48, GEO. 3, CJP. 16. rrpntiil)le. Such part of tlm 47 III of Geo. III. i^U. 6, as ri^KpeciB Hie District of liCiiiitun re()«;ileil. I'Ucc where the school for thnt UiKtrtct slinll he ojieiieii and kcj't. Siicli part of the said 47th of Geo. IK. as limits its durntion repealed. An Act to amend an Act passed in the forty-seventh year of His Majesty's Reign, intitided, '' An Act to establish, Public Schools in each and every District of this Province." [Passed 16th March, 1808.] "IX7HEREAS an Act passed in the forty-sevenlh year of His Majesty's V ? leign, intituled, '' An Act to establish Public Schools in each and every District of this Province," requires (o be am^Jiided ; Be it therefore enacted Sfc, That po much of the said Act as enacts, that the Public School for the District of London shall be opened and kept in the Township of Towiisend, shall be, and the same is hereby repealed. II. [Superseded by 7th Wm. IV. Ch. 106.] III. A.nd be it further enacted by the authority aforesaid, That so mnch of the said Act as limits the duration of it to four years, and from thence to the end of the then next ensuing session of Parliament, shall be, and the same is hereby repealed. ^CT 59, GEO. 3, CAP. 4. .i Preamble. 4Ti(iGeo. III. Chap. 6, recited ; A IJidirict School eataMiahed in the District of Gore. jCiOO per OHniim apiH-oiiriated to pay the salary Of tlie Teacher. An Act to repeal part of and to amend the Laws now in force for establish- ing Public Schools in the several Districts of this Province, and to extend the provisions of tlie same. [Passed 12lh July, 1819,] Most Gracious SovfcREicN : WHEREAS it hath been found expedient to repeal part of and to amend an Act passed in the forty-seventh year of His Majesty's reign, intituled, " An Act to establish Public Schools in each and every District of this Province," and to extend the provisions of the same ; Jie it tlierefore enacted by the King's most Excellent Majesty^ by and with the advice &c.. That provision be made by Law for the establish- ing of a Public School in the District of Gore. II. And be it further enacted by the authority aforesaid, That from and out of the rates and duties raised, levied and collected, or hereafter to be raised, levied and collected, to and for the public uses of this Province, and unappropriated, there be granted annually to His Majesty, His Heirs and Successors, the sum of one hundred pounds, which sum of one hundred pounds shall be appropriated and applied and disposed of in paying the salary of the Teacher of the said School ; which said sum of one hundred pounds shall be paid by the Receiver General of this Province, in discharge of such warrant or warrants as shall for that purpose be issued by the Governor, Lieutenant-Governor, or Person Administering the Government of this Province, and shall be accounted for to His Majesty, His Heirs and Successors, through the Lords Com- time to time, to nee, for the pay- hall or may from inteil under this sertificate signed listrict in which laving faithfully id, fur and during ce. r of His Majesty^ in each and every 1 March, 1808.) ir of His Majesty's a Schools i»i each J am'Jiided ; Be it 18 enacts, that the led and kept in the eby repealed. taid, That so much •8, and from thence Tient, shall be, and force for establish- wince, and to extend I2th July, 1819,] peal part of and to ar of His Majesty's } in each and every sions of the same ; It Majesty, by and wr foe the establish- .1 aid, That from and 1, or hereafter to be es of this Province, His Majesty, His nds, which sum of led and disposed of »1 ; which said sura er General of this s as shall for that overnor, or Person shall be accounted ;h the Lords Cora- s GRAMMAR SCHOOLS. missioners of His Majesty's Treasury, for the time being, in such manner and form as His Majesty, His Heirs and Successors, shall be pleased to direct. HL And be it further enacted by the authority aforesaid. That it shall and may be lawful to and for the Governor, Lieutenant-Governor or Person Administering the Government of this Province, to appoint Trustees and a Teacher in the said District of Gore, under the like provisions as are contained in the said Act of the forty-seventh year of His Majesty's reign, intituled, " An Act to establish Public Schools in each and every District of this Province." IV. And be it further enacted by the authority aforesaid, That the Trustees of each and every District School within this Province, shall direct a public examination of their respective Schools to be held pre- vious to the usual annual vacation, at which they or a majority of them shall assist ; and it is hereby required that such public examination shall beholden evcy year at the time aforesaid. V. And be it further enacted by the authority aforesaid, That the Trus- tees for the respective District Schools, as aforesaid, in each and every District in this Province, shall, and they are hereby required, once in every year, after the public examination as aforesaid, to report to the Governor, Lieutenant Governor, or Person Administering the Govern^ ment of this Provi.ice, the state of the said Schools, the number of scholars, the state of education, with the different branches taught in the said School, the number of scholars who have completed their educa- tion, together with all other matters and things that may tend to cherish the prosperity of the said Schools, or that may in any wise benefit the same, that the said report may be laid before the Legislature at its first meeting for their inspection. VI. And be it further enacted by the authority aforesaid, That in order to extend the benefit of a liberal education to promising children of the poorer Inhabitants, the Trustees of each and every School have the power of sending scholars, not exceeding ten in number, to be taught gratis at the respective District Schools. VII. Provided always, and be it further enacted by the authority afore- said. That the said scholars, so to be taught as aforesaid, shall once in every four years be drawn by lot in manner following, viz. : the Trustees for the Common Schools, now or hereafter to be established by virtue of any Act of the Parliament of this Province, shall and they ar& hereby authorised to return the name or names of one or more, not exceeding four, from each Common School, of tVjs most promising scholars, as aforesaid, of their respective Schools, to the Trustees of the District Schools for the District in which they shall respectively reside, which Trustees shall, and they are hereby required, at a special meeting to be openly held for that purpose, inscribe each and every name so returned to them on a separate and distinct slip of paper, being all as nearly as possible of the same size, which slip of paper shall be put into a box or glass, to be provided for that purpose, and at such meetini^- as aforesaid, the same shall, in A\e presence of the said Trustees, he, openly drawn by Rome disinterested person, and each and every scholar so chosen as aforesaid, shall be entitled to receive his education gratuitously at the said District School, and the Teacher thereof shall and he is hereby required to educate such scholar as aforesaid. Vlfl. And be it further enacted by the authority aforesaid, That in case any vacancy shall ensue in consequence of the refusal or decease, or from any other cause whatever, of any scholar or scholars drafted as aforesaid to be taught in the District School, it shall and may be lawful for 4he Trustees of the Commoi.' ScUool frota which such scholar or 215 Tnufcoi to be appoiiued. AnnunI pnhlic exninination to be held ol every Diitrict Scbool. AnnunI rcparu to be made by the Truitses of Dim- trici ScliooU, to the Lt Governor ; To l« laid betoie the Legtilature. Ten poor ciill- dreii to be educa- ted at each School, gratii. How such Scholars are to be 8el«"'':d. Vaeanciei filled uj.. 216 GRAMMAR SCHOOLS. ParUOf47UiOco. HI. Chap. 6, repealed. Where the I'ublic HchooU Dhall be kept in the DIatricu of Johnatowii, Gore and London ; (8«cT Wm. Chap, too.) IV, Teachcri to be appointed here- after, ahnll have no more than £S0 per annum unless they have more than ten Scholars. Form of certifi- cate to be given by Triistees ; (3ee-2Vic.Cliop. 10.) scholars shall have been drafted, lo make a second ballot to fill up the vacancy. IX. And be itfurthtr enacted by the authority aforesaid, That so much of the third clause of the said Act^ intituled, " An Act to establish Pub- lic Schools for each and every District in this Province," as relates lo the Public Schools in tlie District of London and Johnstown, be ami the same is hereby repealed. X. And be it further enacted by the authority aforesaid^ That the Piiblio School for the District of London shall be opened and kept in the town of Vittoria, in the township of Chariot teville ; and the Public School for the District of Johnstown shall be opened and kept in the village of Brockville, in the township of Elizabelhtown , that the Public School for the District of Gore shall be opened and kept at the town of Hamiltoti, in the District of Gore. XL Provided always, and be it further enacted by the authority aforesaid, That to every Teacher hereafter to be appointed, there shall be only fifty pounds paid, unless the average number of Scholars exceeds ten. XIL And be it further enacted by the authority aforesaid. That the certificate required from the Trustees by the twelfth clause of the sa'ul Act, passed in the forty-seventh yearof His Majesly'sreign, shall declare that, " at a public meeting of the Tru-stees of the District School, upon due notice given for that purpose, a majority of the Trustees being pre- sent, we certify, &c. &c." [See Statutes of Canada, 4 & 5 Vicloria, Ch. 19.] ACT 7, WM. 4, CAP. 106. rreamblc. (See 9» Geo. IK. Chap. 4.] Tenth clause of Act 39 Geo. 111. Ch.ip. 4, rope.nk'J •o far ;i8 relates to 0|H.Miing Diti- trict dclioul .-It Vittori.i. District School for District of LK>n(lon to be henceforth held in the Town of Loudon. An Act to reveal part of an Act passed in the fifty-ninth year of the reign of His late Majesty King George the Third, intituled, " An Act ft) repeal part oj and to amend the laws now in force for establishing Pub- lic Schools in the several District ^ this Province^" and to estaUinh the Public School for the London District in the Town of London. [Passed 4th March, 1837.] VlTHEREAS the District School of the London District has been ▼ ? heretofore kept at Vittoria, and it is expedient that the said School should in future be kept in the Town of London, in the District afore- said : Beit therefore enacted by the King's most Excellent Majesty, by and with the advice and consent, &c.. That so much of the tenth clause of an Act passed in the fifty-ninth year of the r^ign of His late Majesty King George the Third, intituled, ** An Act to repeal part of and to amend the laws now in force for establishing Public Schools in the several Districts of this Province, and to extend the provisions of the same," a.s relates to the opening and keeping the Public School for the District of London at Vittoria, in the Township of Charlotteville, be and the same is hereby repealed. IL And be it farther enacted by the authority aforesaid. That from ami after ihe passing of this Act, the Public School for the District of Lon- don shall be opened and kept in the Town of London, in the Township of London, in the said London District. GRAMMAR SCHOOLS. 217 lot to fill up the That so much » establish Piib- ," as relutea to >wn, be antl the That the Public kept in tho town iblic School for 1 the village of Public School for ,vn of Hamilton, ithority aforesaid, e shall be only ra exceeds ten. iresaid. That the \use of the saixl irrn, shall declare net School, upon istees being pre- \. 19.] "i '■ 'f ' .1, ACT4fy5 VIC. CAP. 19. year of the reign lied, ^^ An Act to r establishing Pub- " and to estaUish m of London. I March, 1837.] District has been lat the said School ihe District afore- it Majesty, by and tenth clause of an ale Majesty King and to amend the e several Districts arne," as relates )i8trict of London he same is hereby J, That from and District of Lon- in the Township An Act to make temporary provision for the appropriation of the funds derivid from the s(de of School jAinds in (hat part of the Province for merUj Upper Canada, and for other purposes. [Passed 18ih September, 1841.] WHEREAS it is very desirable to afJbrd every encouragement to rri-amlie. the ailvancement of Education throughout the Province : And whereas His late Most (Jracious Majesty, King George the Third, was pleased to direct that a quantity of the waste Lands of the Crown shouM , be set apart for the support of Grammar Schools within that part of the Province heretofore called Upper Canada: And whereas the advance- ment of Education will be promoted by devoting a portion of the annual revenues of such waste Lands to the support of snch Grammar Schools : And whereas it is expedient to repeal an Act of the Parliament of the late Province of Upper Canada hereinafter mentioned : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent, &c., That the several District Schools within that portion of tho Province heretofore called Upper Canada, shall be and are hereby declared to be Grammar Schools, as contemplated by His late Most Gracious ]Majesty,King (Jeorge the Third, at the time the said reservation of Land was directed to be made as aforesaid. H. And be it enacted, That the money arisirig from the sales of the School Lands, now remaining in the Receiver General's hands, unex- pended, or which may come info his hands, applicable to (he purposes of this Act, shall be invested in Ihe Debentures of that part of this Pro- vince heretofore Upper Canada, at six per cent, interest, and the annual interests or rents thereof, placed under the contronl of the Governor, or Person administering the Government of the Province for the time being, io be distributed by and with tho advice and consent of the Executive Council of tho said ?rovince, among such Districts within that part of the Province formerly called Upper Canada, as may more immediately require assistance, owing to the slate of the School House or other cir- cumstances. HI. And be it enacted, That within three months after the passing of this Act the Council of King's College, or iheir Bursar or Treasurershall transfer and pay over to the Receiver General, as aforesaid, all Deben- tures unredeemed, and sums of money arising from unexpended arrears of interest, whicli may have accrued thereon and be at present held under tho authority of the Act hereby repealed, by the said Council or Treasurer, on account of the proceeds of the sale of School Lands as aforesaid, to bo by the said Receiver General invested in debentures, and the interest and rents thereof, appropriated and distributed as here- inbefore mentioned. IV. And be it enacted, That a sum not exceeding one hundred pounds per annum, may be advanced to each of the several Boards of Trustees for the said Grammar Schools, from time to time, out of any monies in the hands of the Receiver General, arising from the sale of the said School Lands, and applicable to the purposes of this Act, to be expended in providing an additional Master and other additional means of instruc- tion for the Grammar Schools in the Districts respectively, within that part of the Province formerly called Upper Canada. V. And be it enacted. That it shall and may be lawful for the Board of Trustees in any District now constituted or hereafter to be constituted in District Rchoo»« to III! oon«iJer(>(l (irainiiinr School for certain pur- |ioiie>i. 1\Ionit.'R nrisin^ from tho *a\c of Hclioiil lands to III' iiivputcil ill Hehriniircs and the proceeds dig- triliutcd atnoiig tho sevcr.Tl Dis- trictf. King'8 College to transfer and pay over aM nioiiies and Dobentiirca to the Receiver Oetioral. XIOO i)er milium may lie advanced 10 the TriiRices for an additional Macter, &e. \ I 218 GRAMMAR SCHOOLS. i.'2C0 niny be crunteu m each IMslrict for (he erection of a School llouae. tSoveriiOf ni»y advance XIUO p. annum to two additional Schools in a Dis- trict, and may eitend that aid to four Grammar Schools. Accounts to be rendered. Act of U. C. 2 Vice. 10, repealed. Proviso. that part of the Province formerly called Upper Canada, out of any monies in the hands of the Receiver General, applicable to the pur- )ose6 of this Act, as aforesaid, to receive a sum not exceeding two lundred pounds, to aid in the construction and erection of a suitable )uilding for a School House m each District, provided an equal sum shall )e raised by subscription among the Inhabitants for the like object, and provided they shall guarantee the permanent insurance of the building. VI. And be it enacted, That it shall and may be lawful for the (Governor, Lieutenant Governor or Person administeiing the Government for the time being, by and with the advice and consent of the Executive Council as aforesaid, to authori^^e a sum not "exceeding one hundred pounds, per annum, out of the monies arising from the sale of the said Lands for each School, to be paid to any Board of Trustees, for the use and support of two other Schools than the one in the Town where the Court House is situated, in any Town, Township or Village within any of the Districts aforesaid, in which the Inhabitants shall provide a suitable School House, at which not less than fifty scholars shall be educated : Providf^d any such additional School shall not be within six miles of the District Town : And provided always, that nothing herein contained shall prevent the Governor, Lieutenant Governor, or Person administering the Government of the Province for the time being, by and with the advice and consent of the Executive Council thereof, from extending the aid to four Grammar Schools (including the said two) other than the one established in the District Town, should it be deemed expedient. VII. And be it enacted, That an account in detail of the sums received and expended under the provisions of this Act, shall be ren- dered to the Governor, Lieutenant-Governor, or Person administering the Government of this Province, annually, in order that the same may be laid before the Legislature, within thirty days after the commencement of each Session. VIII. And be it enacted. That the Act of the Legislature of the late Province of Upper Canada, passed in the second year of Her Majesty's Reign, intituled An Act to provide for the advancement of Education in this Province, shall be and the same is hereby repealed : Provided always, that such repeal shall not annul or be construed to annul any order, engagement or act, for the distribution of the interest upon the Deben- tures, by the Council of King's College, made and carried into effect previous to the passing of this Act : And provided also, that the manage- ment and sale of the said School Lands shall continue (o be conducted by the said Council of King's College, until further provision shall be made in that behalf at any future Session of the Legislature. ACT 9 VIC. CAP. 17. An Act to provide for vestinfr in Trustees the Sites of Schools in that part of this Province called Upper Canada. [Passed 18th May, 1846.] Pream')lc. "ITTHEREAS difficulties have been experienced by persons interested ▼ ? in Schools in that part of this Province called Upper Canada, in securing the titles to real property, for the use of such Schools, for want of a corporate capacity to take and hold the same in perpetual succession ; and whereas it is expedient and proper to provide relief in *uch cases: Be it therefore enacted &c.. That it shall and may be law- ful for any number of persons, residing in that part of this Pro vine GRAMMAR SCHOOLS. 219 called Upper Canada, who may be interested in any School established or to be established in any Town or Township therein, whether as Parents of Children frequenting such Schools, or as contributors to the same, or both, when, and as often as they may have occasion or be desirous to take a conveyance of real property for the use of such Schools, to elect from among themselves, and to appoint any number of Trustees, not exceeeing seven nor less than five, to whom and to whose succes- sors, to be appointed in such manner as shall be specified in the Dee'' of Conveyance, the real property requisite for such School may be con- veyed; and such Trustees, and their successors in perpetual succession, by the name expressed in such Deed, shall be capable of taking, hold- ing, and possessing such real property, and of commencing anil main- taining any action or actions at law or in equity for the protection thereof, and (if their right thereto : Provided always, that there shall not be held in trust as aforesaid more than ten acres of land at any one time for any one School: Provided also, that nothing in this Act contained shall be construed to extend to common Schools. II. And be it enacted, That such Trustees shall, within twelve calendar months after the execution of such Deed, cause the same to be registered in the Office of the Register of the County in which the land lies. rersoni intercit- cil in any School ill Up|i«r Canada iTiay nnatd Trustet-s to take conveyance of Site. Such Trupices lo have certain cor- porate power. Proviso. Deed to be regis- tered. ACT 9 VIC, CAP. 19. hools in that part An Act to amend the Ad therein mentioned, relating to the appropriation of Monies derived from the sale of School Lands in Upper Canada. [Passed 18th May, 1846.] WHEREAS by the sixth section of the Act passed in the Session held in ths fourth and fifth years of Her Majesty's Reign, and inthuled, An Act io make temporary provision for the appropriation of the funds derived from the sale of School Lands in that part of the Province formerly Upper Canada, and for other purposes, it is, among other things, enacted, That, out o! the monies arising from the sale of School Lands, a certain annual allowance may be made for the support of certain Schools therein mentioned, at which not less than fifty scholars shall be educated : And whereas it is expedient to make a smaller number of scholars sufficient to enable such Schools to receive the said allowance: Be it therefore enacted &c., That, subject to the other provisions and requirements of the said Act, it shall be lawful for the Governor, Lieut- enant-Governor, or person administering the Government of this Pro- vince for the time being, by and with the advice and consent of the Executive Council thereof, to authoiize the payment of the annual allow- ance in the said section of the said Act mentioneu, to any Board of Trustees, for the use and support of two other Schools than the one in the Town where the Court-houso is situate, in any Town, Township or Village wiihin any District in that part of this Province which formerly constituted liift Piovince of Upper Canada, in which the inhabitants shall provide a suitable School House, at which not less than thirty scholars shall be educated; any thing in the said section requiring that a greater number than thirty be go educated, to the contrary nolwilh- staading. Prean»blc. Sixth Section of I'rov. Stat. 4 & .5 Vict, c 19, cited. Thirty fcholnra instead of filly to lie sufflciciit to warront the pay- ment of the allowance inen- lioiied in said section of said Act. 220 GRAMMAR SCHOOLS. .nf . ACT 13 ^ 14 riC. CAP. 91. uf- «--.^v/-^.^^ * <*^< Prcainblc. 4 & 5 Vict. c. 19 » Vict. c. 10. Case recitcJ. *ioveri)or in Council iii.'iy niitliorizn p'ly- IIIOIII Ol'X'J'J.'). uin Act to provide for the payment of the sum of money therein menlionid for the vsc and support of three additional Grammar Schooh in tht County of York, for the year one thousand ei!>ht hvndred and fori ij- nine. [Passed lOfh of August, 1850 J WHEREAS in and by an Act passed in the Session held in the fourth and fifth years of Her Miije*ly's fieigii, and itjtifiileil. Ai) Act to make temporary provision for the appropriation of the funds derived from the sale of School Lands, in that part of the Province formerly Uppir Canada, and for other purposes, as amended by an Act par'sed in the ninth year of Her MHJesty's Reiijn, and intituled, An Act to amend the. Act therein menivmed, relating to the appropriation of Moneys derived from the sale of School Lands in Upper Canada, it was, amongst other things, in effect enacted, That it shouhl be lawful for the (Jovernor in Council to authorize a sum not exceeding one hundred pounds per annum for each school, out of the money.s arising from the sale of the School Lands in the said first above cited Act mentioned, to b? paid to the Board of Trustees for Grammar Schools in any District in Upper Canada, for the u.se and support of two other Schools than the oi;e in the Town where the Court House is situated, in any Town, Township or Village within any of the Districts aforesaid, in which the inhabitants should provide a suitable School House, at which not less than thirty scholars shouKl be educated, provided any such additional School should not be within six miles of the District Town ; and provided also, that nothing in the said lirst above cited Act shoidd prevent the Governor in Coinicil from ex- tendinj> such aid to four Grammar Schools, (including the said two,) other than the one established in the District Town, should it bedeemed expedient : And whereas His Excellency the Governor General in Council dill, on the twenty-ninth day of November, one thousand eight hundred and forty-eight, authorize the Board of Trustees for Grummnr Schools in the Home District, to propose a grant of seventy-five pounds to each of the Villages of Sireetsville, Whitby and Nev.Mnarkel, within the said District, being; distant, respectively, more than six miles from Toronto, the District Town, foraiiling to suppoit Masters of Grammar Schools, provided such Masters should be established in buildings per- manently appropriated to such Schools during the year one thousand eight hundred and forty-nine : Anil whereas such a Master was estab- lished in each of the said Villages, in a building permanently appro- pi iaied to such a School, during the year one thousand eight hundred and forty-nine, but owing to the number of Scholars educated at each of the said Schools, duiing the said year, having been less than thirty, the above mentioned sum.s of seventy-five pounds cannot lawfully bn paid to the said Board of Trustees for the use and support of the .said Schools, but it is just and right, under the circumstances of the case, to enable the (lovernor General in Council to authorize the payment thereof: Be it therefore enacted by the Queen's Most Excellent Ma- jesty, L>y and with the advice, &c., That it shall and may be lawful for the (jov(!rnor General in Council to authorize a sum of two hundred and twenty-five pounds, out of the moneys arising from the sale of tlio School Lands in the said lirst above cited Act mentioned, to bo paid to the Board of Trustees for Cirammar Schools, in the County of York, for the use and support of the three adilitional Grammar Scliools above mentioned, for the year one thousand eiyht hundred ajid forty-nine; any thing in the said Acts, or in any other Act or law, to the contrary thereof ill any wise tiQtwithstanding. ,fMt .>:i.llji-H iJia- therein menlionrd, nar Schooh in Iht vndred and fortij- of Angust, ISoO ] ssion belli in the find itilitiiled. An >f the funds derived ire forma Uj Uppir \.ci parsed in thi; 'I Act to amend the. foneys derived from iiigsi other tiling!!, overnor in Council nds per annum for f the School Lands d to the Board of er Cariiida, for tlie u the Town where ) or Village within nts shoulil provide schohirs should he 1 not be within si.\ nolhing in the said 1 Connoil from ex- iinLT the said IwoJ hould it be deemed iveriior General in me thousand eight tees for Grammnr vcnty-live pounds ewrnarkel, within an six miles from sters of Grammar in buildings per- ear one thousand Master was estab- cMinanently appro- \nd eight hundred educated at each n less than thirty, aniiot lawfully b^ upport of the said ices of the case, to .)ri7.e the payment ost Excellent Ma- rnay be lawful for two hundred and n the sale of the lied, to bo paid to omilv of York, for liir Schools above id forty-nine; any le contrary thereof I '.hit '■, RAILROADS. ' J CT 13 Hi' U VIC. CAP. 81. {■ * .' •■ An Ad to enable the Municipal Corporation of the Citii of Toronto to assist in the construction of the Toronto, Simcoe and Luke Huron Union Rail-rond. [Passed lOlh August, IS^O.] , IIEREAS the Municipal Corporation of the City of Toronto, have rrcnmt-lc. w by almost an unanimous vote resolved, that so soon as legal authority shall have been obtained to enable them to assist the Rail road Company incorporated by an Act of the Parliament of this Province, passed in the twelfth year of Her Majesty's Reign, intituled, An Act to incorporate the Toronto, Simcoe, and Lake Huron Union Railroad Com- I'J Vice. IM. pany, in the construction of their intended Rail-road, the said Municipal Cerporation is prepared to do so, on certain terms and conditions more fully set forth in a certain Report of the Finance Committee of the said Municipal Corporation, and by the said Municipal Corporation adopted in Council, on the twenty-ninth day of July now last past ; And whereas George Gurnelt, Esquire, Mayor of the City of Toronto, hath, by his petition to the Legislature, prayed on behalf of the Mayor, Aldermen and Commonalty of the said ('ity, that authority might be conferred on the said Municipal Corporation of the said City, so soon as responsible parties shall have subscribed to the amount of One hundred thousand pounds in iheCapital Slock of the said Rail-road Company, and in other respects shall havo complieil with the terms, conditions and regulations required by the said Municipal Corporation, to issue the debentures of the said Municipal Corporation to the like amount of Stock so sub- scribeil ; And whereas if is desiiable and expedient that power and authoritv should be given to the said Municipal Corporation to assist the said Jiail-road Company in such manner as the said Municipal Corpo- ration shall deem advisable, and that similar power should also be liven to each Municipality through whose jurisdiction the Rail-road of the said Company may pass ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Leyislalive Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Farliament of the United Kinjrdom of Great Hiilain and Ireland, intituled, An Act to re-unite the Provinces of Upper wd Lo7L'cr Cnnnda, and for the Government of Canada, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the Mayor, Aldermen and Commonalty of the City of Toronto, in pursuance of any By-law of the said INTiinicipal Corporation, in the name Of on the credit and behalf of the said Municipal Corporation, to issue panvC (iribontures to an amount not excet liiig One hundred thousand poundsi, nor in sums less than five pounds each, for and towards assisting in the construction of the proposed Rail-road of the said Company, and to pro- * vide for or secure the payment thereof, in such manner and way as to ^ * i the said Municipal Corporation shall seem proper and desirable; and .._.""" further, that it shall and may be lawful for the said i\1unieipal Corpo- 'p|,p,.||,| torpor ration of the City of Toronto, and any other Municipal ('orporation, mion Jind otticrai within or through whose jurisdiction the proposed Rail-ro.id of the said "'oy "' i <|"' tompany may pa^s, to assist otherwise in the con-itruction and ttjrwar I- wayl*. ing of the said proposed Rail-road, in such manner a3 to any suok I Cor|iorniii_iti f'f Toronto 1 iii[K)W- croil to iK^iK' lii'liliin'i' III niil of iljf »ni(l (,'oiii- 222 Other man ic(|>nl- itiea tuny iii«uc (lebeiiture* in aid of the coiii|>aiiy. (kir|iorntioiifl so iMtiiii^ dcl>cn- lureD to h.-tvc the IKjwrerof eleciing directurHof the coiiipaiiy. RAILROADS. Mtjnicipal Corporation may seem proper and desirable on grounds of public utility. ir. And be it enacted, That any other Municipal Corporation within or through whose jurisdiction the proposed Rail-road of the said Com- pany may j)as.s, shall and may for and towards assisting in the const ruc- tiou of the said proposed Rail-road, issue debentures to an amount not e.vceediu;^ Fifty thousand pounds, in the same manner and upon the same terms as the said Municipal Corporation of Toronto are hereby authorized to do. III. And be it enacted, That for the purpose of enabling any such Municipal Corporation to exercise a sufficient precaution in rejrard tothe due application of such debentures towards the purposes for which ihey are proposed to be issued, and to enable such Municipal Corporations respectively, to be therefore adequately represented in the direction of the said Rail-road Company, so soon as any such Municipal Corporation shall have issued the debc^iures hereby authorized, to the amount of Fifty thousand pounds each, such Municipal Corporation shall hnve power and is hereby authorized to nominate and appoint one director from among the members of the Council of such Municipal Corporation, for or in respect of every Fifty thousand pounds of debentures, which may be so issued, and each such Director so appointed shall possess and enjoy ail the powers and privileges possessed and enjoyed by the other Directors of the said Rail-road Company, named or to be appointed under the said Act of Incorporation of the said Rail-road Company, so long as such Municipal Corporation shall and may be liable for the payment of the principal and interest of such debentures. ACT 13 ii- It VIC, CAP. 129. rreatuble. Mu«lcif«l Cor- |)orntion iiiajr ■ubicrilN^' for ■hnrcs, or lend money to tlit; Coiiipaii|r, iLC. An Act to c . owcr Municipal Corporations to subscribe for Slock of th Great Western Rail-road Company, or otherwise to aid in completing that undertaking. [Passed 24th July, 1850.] WHEREAS the Great Western Rail-road Company and the Muni- cipal Corporations of certain localities through which the Com- pany are empowered to make their Rail-road, have prayed that such Corporations and all others who may be so disposed, may be enabled to subscribe for Stock of the said Company, and it is expedient to pro- mote an undertaking so important to the interests of the P'-ovince, by granting the prayer of the said Petition : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Pro- vince of Canada, cunstiiuted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled An Act to i-e-unite the Provinces of Upper and Lower Canada, and fur the Government of Canada, and it i« hereby enacted by the authority of the same, That it shall be lawful foi the Common Council of the City of Hamilton, and for any other Muni- cipal Corporation in this Province, to subscribe for any number of Shares in the Capital Stock of the said Great, Western Rail-road Company, or to lend any sum of money to the said Company, or to guarantee and become socurity for the payment of any sum of money borrowed by the said Company after the passing of this Act, from any other Corporation or party, or to endorse or guarantee the payment of any debenture to be Uftued by the said Company for money borrowed by them after the > i ■ ROADS AND BRIDGES. passing hereof : Provided always, that nothing herein contained shall be construed to increase the total amount of the Capital Stock which the said Company is now authorized by law lo raise, or the total amount of money which it is now authorized to borrow. II. And be it enacted, That the Municipal Corporation of any County, City, Town, Township or Village who shall subscribe for Stock of the said Company, or lend or guarantiee the payment of any sunr^ of money under this Act, shall have full power and authority to cause to be assessed and levied, from time to time, upon the whole rateable pro- perty in such County, City, Town, Township or Village, suflicieiit sums 10 enable them to discharge the debts, obligations and engagements which they shall have contracted as aforesaid ; and also, for the like purpose, to issue Debentures, payable at such times, and for such sum respectively, not less than twenty-five pounds, and bearing or not bearing interest, as such Corporation may think meet. III. And be it enacted. That any Debenture which any Corporation may, under this Act, issue, indorse or guarantee, shall be valid and binding upon such Corporation, if signed and endorsed or countersigned by such officer or person, and in such manner and form as shall be directed by any By-law of the Corporation, and it shall not be neces- sary that it be under the Seal of the Corporation, or that any further form be observed with regard to it than such as shall be directed in such By-law as aforesaid. IV. And be it enacted. That it shall not be lawful for any Municipal Corporation to subscribe for stock as aforesaid or incur any debt or liability under this Act unless and until a By-law to that effect shall have been duly made and adopted with the consent first had and obtained of a majority of the qualified Electors of the Municipalilj- pre- sant at a meeting called for that purpose by the Mayor, Warden ^^r Town Reeve at the request of any ten such Electors, by public adver- tisement containing a copy of such proposed By-law, inserted at least four times in each Newspaper printed within the limits of the Munici- pality, or if no newspaper be printed therein, then in some one or more newspapers printed in the immediate vicinity thereof and circulated therein. V. And be it enacted, That the Warden, Mayor or Town Reeve, being the head of any Municipal Corporation, subscribing for and holding shares in the stock of the said Company to the amount of twenty-five thousand pounds or upwards, shall be ex officio one of the Directors of the said Company in addition to the number of Directors now authorized by law, and shall have the same rights, powers and duties as any of the other Directors of the said Company. 223 And inny Irvy iiioiiryii for liiet'tini; ilicrr eiicaBeiiipiiiii umler iliia Act. .!W '! How (1cl)«ii(ure«, &.C. iiiiny >.« cxecuit'l. No tinhility lo l,c inciirri'd excepi under Ky-lnw pfiijKied with tliu conHcni ora uinjority of Itie ck'Clord. Tliet)cadofa C'orpointion Bul)i £•11, MH) to be a Dirccior. ROADS AND BRIDGES. ACT 13 Sr 14 VIC, CAP. 15. 4n Act to make better provision with regard to the repairing of Roads within the limits of incorporated Cities and Towns, and of Roads and Bridges which having been under the control of the Commissioners of Pxibiic Works may hereafter be released from sv4:h control. [Passed 10th of August, 1850. WHEREAS it is expedient to remove all doubt on certain points with regard to the Roads and Highways within the limits of the teveral Cities and incorporated Towns in this Province : Be it there- fore enacted by the Queen's Most Excellent Majesty, by and with the rreainb4e. 224 noa aitjaccnl cuucuaaiooB; Hceital. noundaries placed under the auiliority of the Cioverninriit to lie deemed tUe true oneH, SiC, U.C. 11 Mi Town ill ipt, Ac. to comprise nil ttie space in- cluded within their bguadariet. A a 10 aliquot pnrts of Town- ship, Sec. Road allowancci ill Cities, &.C,, to be public MigU- wayb. U.C. 232 Xecital. As to \n<^y firivate parlies. U.C. .,_^ Provigo. Proviso. Proviso. Originol owner« ortlieir heirp,fcc. U) deposit plarifi oi 'fowiip, 8lc.. Vil';i}',es In id out ly iliL'tn. U. C. 23$ Plan to be certi- fied. Penalty for ncg- Mct. Bffectof payment of auy penally. Recorery and application of peiialliet. 8 Vic. e. 36. Datyof the Re- gistrar in whoEC office any such plan Btinll be de- poflited. U. C. SUftVEYS ANi) BOUNDARIES. or Viltage, or original division thereof, on a scale of not less than ah inch lo every four chains, and lay down thereon, or cause lo be laid doWn thereon, all roads, streets, lots and commons within the same, with the courses and >vidth of the roads, streets and commons, and the width ahd length of all lots, and the courses of all division-lines between the re- spective lots witnin the same, together with such information as shall show the lot or lots, concession or concessions, tract or tracts, block or blocks of laud of the Township wherein such Town or Village shall be situate, and every such plan or map of every such Town or Village or original division thereof, shall be certified by some Land Surveyor, and also by the original owner or owners thereof, or the legal representative or representatives of such owner or owners, s being a correct plan or map of the same ; and every copy of such ,.' in or map obtained from such Registry Office, and certified as correct by the Registrar of such County, shall betaken as evidence of the original plan and surrey of such Town or Village in all Courts of Record; and if any such owner or owners of any such Town or V''1age,or any original division thereof, or their agents, heirs, or other legal representatives, shall refuse or neg- lect to make or cause to be made, any such plan or map o any such Town or Village, or original divi.sion thereof, and deposit the same in a Registry Otfice of ih^' County wherein the same is situate, within one y^-ar from aiul after the passing of this Act, he, she, or they shall forfeit and pay ior s.icli refusal or neglect, the sum of two pounds ten shillings, and a like sum for every year thereai'ter until such p'^n or map shall be made and deposited in the Registry Office of the County wherein the same is situate ; and the payment of any such penally or penalties shall not be held to free or discharge such owner or owners, their agents, heirs or other legal representatives, from any such penalties which may not have been paid at the time of such payment ; and all such penalties, fines, and forfeitures may and shall be collected in the same maimer and applied to the same purposes as like penalties, fines and forfeit iires are required to be collected and applied under and by authority of Ihe sixth and seventh Sections of the Act pas.^ed in the eighth year of Her Majesty's reign, ami intituled, An Act to- declare certain Lams in Upper- Canada liable to Assessment, and to oblige the owners oj such Lands to make Returns thereof to (he District Treasurer. XLIIT. And be it enacted, That whenever any such plan or ma^ of any such Town or Village, in Upper-Canada, or original division there- of, shall be made and deposited in the Registry Office of the County wherein the same shall be situate, it shall be the duty of the Registrar of such County to make a record of the same, and enter the day and year on which '.he same shall be deposited in his office; and for such service the said Registrar shall be entitled to charge the same fees, and no more, than are by law established for making a record of any other document, which is by law required to be entered of record in such of- fice; and such Registrar shall thereupon keep a separate book for the rea:istering of title deeds of lands situate in such Town oi Vill Ai to lands in adjoining con- cesfiions inclu.:- cd in t^e Hnnie grant. U. C. age, in the same maimer as is by law required for registering of title deeds for lands situate in Townships. XLIV. And for avoiding all doubt as lo the application of the forego- ing eiiaclmRnts in the cases hereinaiter mentioned: Be it declared and enaoteu, That in all cases where any Letters Patent of grant, or other Instrument, has issued for several lots or parcels of land in Upper-Ca- nada, in concessions adjoining eacli other, the side-lines or limits of the lots or parcels of land therein mentioned and expressed, nhall commence at the front angles of such lots or parcels of land respectively, and fhall be run a.«! hereinbefore provided, and shall not conlinue on iii a straight line, through several eunceasions, unteas the side-lines or limits, when ! t less than iah inch to be laid doVm ' le eame, with the md the widtb and between the re- ormation as shall jr tracts, block or r Village shall be own or Village or md Surveyor, and »al representative a correct plan or lap obtained from Registrar of such Ian and survey of f any such owner 1 division thereof, lall refuse or neg- map any such )sit the same in a ituate, within one r they shall forfeit undsten shillings, 'n or map shall be (unty wherein the or penalties shall ers, their agents, lalties which ntiay all such penalties, the same manner les and forfeit nres y authority of the ighth year of Her n Lams in Uppcr- uch Lands to make plan or ma^ of al division Ihere- ce of the County of the Registrar ter the day and ice ; and for such e same fees, and cord of any other ecord in euch of- rate book for the vn 0) Village, in of title deeds for on of tlie forego- e it declared and f grant, or other nd in Upper-Cn- js or limits of the f^hall commence lively, and phall ? on in a straight i or limits, when SURVEYS AND BOUNDARIES. ran as aforesaid, shall intersect the corresponding post or monument in the front of the concession next in rear, that is to =ay, each such lot or parcel of land shall be surveyed and bounded according lo the provi- sions of this Act, independently of the other lots or parcels mentioned in the same grant or instrument. XLV. And be it enacted, That each and every Land Surveyor in Upper-Canada shall keep exact and regular journals and field-notes of all his surveys, and file them in the order of time in which the said surveys have been performed, and shall give copies thereof to the par- ties concerned when so required, for which he shall be allowed the sum of five shillings ciii^rency, for each copy, if the number of words there- in do not exceed four iiLuidred words, but it' the number of words therein exceed four hundred, he sholl be allowed .. pence additional for every^ hundred words therein, over and above four hundred words. XLVI. And be it enacted, That for better ascertaining the original limits of any lot, concession, range, township or tract of land in Upper- Canada, every Land Surveyor acting in that portion of this Province, shall be and he is hereby authorized and required to administer an oath or oaths to each and every person whom he may examine at any time concerning any bon.ndary, post or monument, or any original land mark, line, limit or angle of any township, concession, range, lot or tract of land which such Sarveyor may be employed to survey. XLVIL And be it enacted. That all evidence to be taken by any Surveyor as aforesaid, in Upper-Canada, shall be reduced to writ,n<;, and shall be read over to the person giving the same and signed by such person, or if he cannot write, he shall acknowledsfe the same as correct before two witnesses, who shall sign the same Avith the Surveyor ; and such evidence shall, and any document or plan prepared and sworn to as correct before a Justice of the Peace, by any Surveyor, with reference to any survey by him performed, may be filed and kept in the Registry Office of the County in which the lauds to which it relates shall be situ- ate, subject to be produced thereafter in evidence in any Court of Law or Equity within Upper-Canada; and for receiving and filing the same, the Registrar shall be entitled to one shillini'-and three pence currency; and the expense of filing the same shall be borne by the parlies in the same manner as other expenses of the survey. XLVin. And be it enacted, That if any person shall, in any part of this Province, wilfully swear or ailirm falsely concerning ^ny matter with regard to which an oath may be required under this Act, such per- son shall be deemed guilty of wilful and corrupt perjury, and being thereof convicted before any competent Court shall be liable to be pu- nished accordingly. XLIX. And be it enacted. That if any action of ejectment shall be brought against any per'-on or persons, who, after any line or limit shall have been established according to this Act, in Upper-Canada, shall he found, in consequence of un kilful survey, to have improved on lands not his, her or their own, it shall and maybe lawful for tlie Judjre of Assize, before whom such action shall have been tried, to direct the Jury to assess such damages for the defendant or defendants for any loss he, she or they may sustain in consequence of any improvement made before the commencement of such action, and also to assess the value of the lajid to be recovered ; and if a verdict shall be found for the plain- tiff or plaintiff's, no Writ of Possession shall issue until such plaintiff or plaintiffs shall have tendered or paid the amount of such dainajres as aforesaid, or shall have offered to release the said land to the defendanl, provided the said defendant should pay or tender to the plaintiff the va- lue of the land so assessed, before the fourth day of the ensuing terra. R 237 Piirvryora in U. (". 10 keep rt';;u- l:ir Journ;ils iiiul fii'lil-iiolfs, find furnish copies to pnriit'3 iiiietesi- ed. Purveyors in U. ('. MKiy ailiiiiiiis- ter OMtlis for cer- tain piir|ioseii. ICvidence taken liy SiirveviirH in l'.<'. to lie re- duced to writing andsiirncd ; &.C. WMfuI false swcarinj; under this Act to be perjury. As to cnses in U. V. where Iroin uiiskiKul siirvi'y n |)nr(y lii.ly linve im- proved lands al- tcrwards found til lieloni! to inn hci^liliour. ;ii iv ; :^v I:' 238 Flaintiffiiot to hnve cost* iii Bucli caces from tlie imie (lelenil- niit ott'tTx to )!ive u|) the liiiidii on rc'ceiviii;? the va- lue of Ilia iiii- |irovenieiit8, sta- tiiiK theiiiiioiint. Unless the Jury iciiiilit>liu>ieil ill lipu ot" the old aiHiciiil rutu. Now Hppcinl r.ilo not to lie discon- tinued niitildelit, A-cJie fully paid. Proviaj. rrjviso. tfroviaO' CORPORATIONS AMENDMENT ACT, 1851. till after suoh payment ami satisfaction, to any other purpose whatso- ever ; A id inasmuch as the iiiciea.^eil amount collected upon such rales will ar'rie, not from the gradual growth of wealth ami population within the ji.risdiction of such Corporutidus respectively, but in consequence of an Act of the Legislature, extending the basis upon which such rates are made to operate, public iaith, with the /especlive creditors of such Corporations, will not be violated by permitting Fuch Corporations to substitute for such original special rates, new si)ecial rates, atletpiaielo insnio, nuder the provisio'is of the said new Assessment Law, the p:iv- mont and satisfaction of such debts and loans^ at the times originallv stipulated for the payment and satisfaction thereof, within the iwoiity years limited by the said one huiulreil and seventy-seventh section of the said Act for that purpose; De it therefore enacteii, That with respect to any debt or loan, wiiich shall have been lawfully incurred or con- tracted by any such Corporation according to the said one hundred ami seventy-scvtMith section of the said Act, previous to the first day of January, which will be in the year of our Lord one thou'^^and eia:hl luindred and lifty-two, it shall and may be lawful for any such Corpor- ation at any lime within two years from that day, to pass a By-law, substituting a new special rale for the payment and satisfaction of any fiuch debt or loan, in lieu of the old special rate originally imposed for that purpose, such new special rate, according to the amount of rateabia j>roperty in the County, or United Counties, City, Town, Township oc Village over which such Corporation shall have jurisdiction, us such amount shall have been ascertained by the Assessment Ixeturns for ■such County, City, Town, Township or Village, for the financial yeaj- next preceding that in which the By-law for the substitution of such new special rate in lieu of the old one, shall be passed, being suflicienl to satisfy and discharge such debt or loan, with the interest thereof, within the twenty years limited by the said section for thai purpose, and on the days and times, and in the manner stipulated by such original By-law, and by the Bills, BiMids, Debentures, or other Obligations issued uruler the authority thereof for the payment of ihit same ; and it shall not be competent ior any such Corporation to repeal such By-law for such new ppdcial rate, or to discontinue such new ppr-cial rale until such debt or loan, and the interest thereof, shall be fully paid, satisfied and discharged, nor to apply the proceeds thereof or any p;irt tlioreof, to any other ])nrpose, until ihe full payi"i.erit, salisfao- liou and discharge of the same, with the interest thereof: Provided always, nevertheless, Firstly, — That in every sucli case, the twenty years limiletl by the said ce hundred and sevenly-sevrinlh section of ihe said Act shall, as far as it may afiect the amount of such new special rate, be reckoned from tlie time that the original i^y-law for the incurring or contracting of such debt or loan shall, by the terms of such oriizinai By-law, or otherwise according to Law, have taken ellVct and gone into operalion, and that in all other respects the several provisions of the said Upper Canada jMunicipal Corporations Act of one thousaiul eight hundred and I'orty-iiine, and of this Act, respecting original By- Jaws for creating or contracting debts or kit ns by such Corporations, shall apply to all such By-laws for substitutina- new special rales in lien of the old ones, as if such last mentioned By-laws had been for creating or contracting such debts or loans originally ; Provided also, Secondly, — That no such By-law for substituting" any such new special rate for the old one, shall be of any force or effect whatsoever, until the sama shall have been approved by the Governor of this Province in Council, as provided with respect to certain oilier By-laws by the twelfth section of this Act ; AtuI provided also, Thirdly, — That before any such By-law fihall be so approved by the Governor iii Council, the facts upon vrhicji 1851. er purpose whalso- ted upon such rates 1 population within but ill consequence n whicli snclj rales ic creditors of such icli Corporations lo il rates, adequate to nijrit Law, the pay- h(^ tinnes originally , within the l\Tomy •-.seventli section oi' 1, Tiiat with respect lly incurred or con- id one hundred and to the lirot day cf rine thon^^aud eiirht 3\- any such Corpor- •, to pass a By-law, 1 satisfaction of any gin ally imposed fnr ( atnount of rateable Town, Township or urisdiction, as such ssrnent Ixelnrns for )r the financial yeai- substitution of such hi y)assed, being in, witli the interest said section for that |anner stipulated by )obentures, or other the payment of the orporation to repeal ontinvie such new est thereof, shall be proceeds thereof or payment, salisfao- thereof: Provided 1 caf^e, the twenty -seventh section of f such new special aw for llie incurring nis of such oriiriiial en ollect and gone veral provi-ions ot' et of one thousarul )acting (H'ipinal By- Corporations, shall (Mai rales in lien of id been for (treating ed also, Secondly, lew special rate for ver, until the sarat) rovince in Council, tlie twelfth sectiou •e any such By-law e facts upon which CORPORATIONS AMENDMENT ACT, 1851, 243 such By-law shall be founded, shall be verified to the satisfaction of the (Jovernor in Council, in a sin;iiar manner to that provided for by the iliirleeiith section of this Act, with respect to the By-laws to whicli thai section applies, and all the provisions of the said last mentioned section Miall apply to all By-laws to bo passed under the authority of this section. III. And be it enacted, That the time limited by the one hundred and Tiie time limited liitlily-second section of the said Upper Canada Municipal Corporations •'Jf "'t' |H'-itiiret, Act of one thousand ei^iiht hundred and forty-nine, for the diflerent nir'ioni"r£," **"' Muaicipal Corporations thereni mentioned, to pass By-laws providing V°"* ^ctot ie49, Or the liquidation of any such debt as in the said one hunc'red and lawHT'"]" "'''i ii;^hly-second section of the said Art is mentioned, shall be and the Hon or deb?,' ci"' same is hereby exiended to the iirsl day of January, which will be in *^'"'*-''J- i.'ie year of our Lord one ihousand eight hundred and fifly-three, and to Uiicli further day thereafter as the tjovernor of this Provice, by Procla- mation under tlie Great Seal thereof, issued cither before or after that iiiiy, or any further day to which such time may be so exiended, may iVoin time to time think fit to appoint : Provided always, nevertheless, Pro»i»o. Iiaat nothing herein contained shall be construed to extending the time [for payment, or providing for the payment, of any such debts to a period beyond the tima therein limiied for that purpose, that is to say, I within twenty years from the first day of January, one thousand eight hundred and lifty-one. IV. And be it enacted, Th.at in every By-law to be hereafter passed Wh.v shall hp set 'y any Municipal Corporation, or Provisional Municipal Corporation in "'"' '" "■*'"'**'• to be imssud for creating a debt, &c., uiwn the credit oC the oouiity, &., 4e. I'pper Canada, for creating a debt or contracting a loan upon the credit of the County or United Counties, City, Town, Township or Village, of ffhich there are such Corporation, there shall be recited or set forth, by way of preamble to the same : — First, the amount of such debt or loan, Slid in some brief and general terms the object for which the same I «as created or cont'racted ; Secondly, the amount required to be raised aiinnally, according to the one hundred and seventy-seventh section of I" The Upper (Canada Municipal Corporations Act of one thousand |eiQ;ht hundred and forty-nine," as a special rale for the payment of such ilribt or loan, and the interest thereof, within the time thereby limited lorflie satisfaction and discharge of all such debts and loans, at the liaysand times when the same shall become payable, according to such By-law ; Thirdly, the amount of the whole rateable property of such [County, Union of Counties, Cities, Town, Township or Village, Mcording to the Assessment Returns for the same, for the then next Ipreceding financial year; and, Fourthly, the annual rate in the Pound r'pon such rateable properly recpiireil as a special rate for the payment "if llie saiil interest, and for the creation of a Sinking Fund for the p.iyinent of the principal of such debt or loan, according to the require- iiienls of the said one hundred and seventy-seventh section of the said Act: wliich amonuts shall be a*C(Mtaiiietl, irrespective of any futiire iicrense of the rateable properly of such County, Union of Counties, Cit}', Town, Township or Village, and also irrespective of any income, hvliether in llie nature of lolls, interest or divitlends, to accrue or be jiierived from any public or Corporation work, or any slock, shares or iitereit in any such work, in or upon which such debt or loan, shall or |i!iay, by such Municipal Corporation, be invested or applied, or any Ipart thereof, and also irrespective of any income to be derived from tl^e llemporary investment of such Sinking Fund, or any part thereof, Ij'ursiiant to the provisions of the saiil one hundred and sevenly-sevenlli Isection of the said Act. V. And be it enacted, That it shall and may be lawful for aay such fVjrporniion, hv iManioipal Corporation) or Provisional Municipal Corporation*^ ija. any ^'''"'f^* '""', '*'" 244 nuat iurplui of income to be de- rived from cer- tain worki, &c., ■tiall be applied to iiayiueiit of debt. Corporation how further to apply uioneya. Proviso. Corporation hound to have two separate ac- counts kept in tlieir I)00k8, one for every specinl rate, and one fur sinking fund, &c. After due appli- cntion of moneys to interest and sinking fund np- liropriation of any loan or debts, how the amount of residue, when any remain nt the credit of the spi.>cial rate ac- count, at the close of any year is to be applied. ; CORPORATIONS AMENDMENT ACT, 1851, such By-law, or in any other By-law to be passed for that purpose if they shall think fit so to do, to direct that any annual surplus of income which shall be derived from any such public or Corporation work or from any stock shares, or interest in any such work, after payment out of such annual income of all the annual expenses of such work, stock, shares or interest, shall be applied to the payment and satisfaction of such debt or loan ; and whenever any such provision shall be contained in the By-law for creating or contracting such debt or loan, it shall not be competent to any such Corporation to alter or repeal such provision, or to discontinue the application of such surplus to the payment and satis- faction of such debt or loan, until such tiebt or loan, and all interest thereon, shall have been fully paid, satisfied or discharged. VI. And be it enacted. That it shall and may bo lawful for any such Municipal Corporation, or Provisional Municipal Corporation, from time to time, to apply any moneys in the Corporation Treasury belongintr lo such County, Union of Counties, City, Town, Township or Village, not otherwise appropriated, and also any other moneys which they may think fit, by any additional rate, to raise, levy and collect for that pur- pose, to the payment of any such debt or loan : Provided always, nevertheless, that no such moneys, having been once by Order or By- law of such Corporation directed to be so applied, shall thereafter, on any pretence whatsoever, be diverted, appropriated or applied to any other purpose whatsoever, until such debt or loan, and all interest thereon, shall have been fully paid, satisfied or discharged. VII. And be it enacted, That in the books of every such Corpoiafion or Provisional Corporation, two separate accounts shall be kopt, one for every such special rate, and one for the Sinking Fund of such debt or loan, to be both distinguished from all other accounts in such books by some prefix designating the purpose for which such debt or loan was created or contracted ; which accounts, with any others that may be necessary for that purpose, shall be so kept as at all times to exhibit the state of such debt or loan, and the amount of moneys raised, obtained, and appropriated for the payment thereof. VIII. And be it enacted, That when, after the regular application of the necessary amounts to the interest and Sinking Fund appropriation of any loan or debt for any financial year according to law, there shall at the close of such year still remain a residue at the credit of the special rate account of such debt or loan, as raised by sikch special rate during such year, or on hand from former years, if such residue shall not amount to more than sufficient to meet the interest that shall fall due on such debt or loan, or on the amonnt thereof still remainini? unpaid, during the ^.lancial year next subsequent to the occurrence of such residue, the amount of such residue shall remain at the credit of such special rate account, to be applied to or towards the payment of such next subsequent year's interest, in case the produce of the special rate beloncingtosuch debtor loan for such next subsequent year should not be sufficient, or should not be collected and paid into the Corpora- tion Treasury in sufficient time to meet the payment of such interest at the days and times when the same shall become due and payable. And when such residue shall amount to more than sufficient to meet such interest for such next subsequent year, the amount necessary to meet such interest for such next subsequent year shall remain at the credit of such special rate account, to be applied to the payment of such next subsequent year's interest, in the like cases as those above mentioned ; and the remainder of such residue at the credit of such special rate account, as raised by such special rate durinjj such first mentioned financial year, shall be carried to the credit of the Sinking Fund account of such debt or loan, and applied accordingly. 1851. or that purpose, if surplus of income rporalioii work, or after payment out such work, stock, (atisfactionofsuch ill be contained in tan, it shall not be such provision, or »ayment and satis- n, and all interest irged. Lwful for any such )oration, from time asury belonging to hip or Village, not J which they may allect for that pur- Provided always, ;e by Order or By- ihall thereafter, on t or applied to any 1, and all interest barged. y such Corpoiation, all be kept, one for md of such debt or H in snch books by ;h debt or loan was Whers that may be imes to exhibit the ys raised, obtained, iilar application of 'und appropriation to law, there shall the credit of the y such special rate such residue shall 'rest that shall fall !of still remaining the occurrence of lain at the credit of rds the payment of duce of the special equent year should d into the Corpora- of such interest at due and payable, sufficient to meet mount necessary to shall remain at the to the payment of ises as those above the credit of such te durincr such first edit of the Sinking irdingly. CORPORATIONS AMENDMENT ACT, 1851. IX. And be it enacted, That the amount of any annual surplus of income derived from the Public or Corporation work, or from the stock, shares or iiittrrost in such work so directed to be applied to the payment and .satisfaction of such debt or loan, according to the provisions of the lit'tli section of this Act, together with ail special appropriations mado for the payment and satisfaction of such debt or loan according to the provisions of the sixth section of this Act, and the income derived from the temporary investment of the Sinkiiiit Fund appropriated to the pay- ment and satisfaction c*" such debt or loan, or any pail lliereof, according to the provisions of the raid one hundretl and seventy-seventh section of tlio said L'pper Canada Municipal Corporations Act of one thousand eight liundr{.'(l and forty-nine, shall be carried to the credit of the Sink- 24r, Ccrinin nmotints of income, &.c., to he carried lo the crcilit of ilic oiiikin;; fund iic- coiiiit, ntiil how to bo applied. ing Fund account of snch debt or loan, anil be applied exclusively to llie payment ami satisfaction of such debt or loan, and the interest thereof accordingly. X. And be it enacted, That if in the case of any particular debt or loan created or contracted as aforesaid, the amount of the residue of the jj)ecial rate imposed for the payment and satisfaction thereof, and raised and collected for any particular year, or on hand from former years, together with that of the surplus of the income derived from any 5uch work, stock, shares or interest applicable to the augmentation of jthe Sinking Fund, of such debt or loan, under the fifth section of this Act, and the amount of any temporary investment of such Sinking j Fund, or of any part thereof, which shall be carried to the credit of such Sinking Fund for such year as aforesaid, shall together, or any one or more of them separate from the other or others, amount to more than the amount so required to be raised annually as a special rale for the payment and satisfaction of such debt or loan with the interest thereof, within the time so limited for the satisfaction and discharge of all such debt or loans by the said one hundred and seventy-seventh section of the said " Upper Canada Municipal Corporations Act of one thousand ftight hundred and forty-nine," and by the fourth section of this Act required to be set forth in the Preamble to the By-law for the creating or contracting such debt or loan, then and in every such case it shall Und may be lawful for such Municipal Corporation, or Provisional Municipal Corporation, if they shall think fit so to do, by a By-law to be passed by them for that purpose, reciting or setting forth by way of Preamble; First, the amount of such special rate as imposed by the By-law for the creating or contracting of such debt or loan ; Secondly, iho amount of the residue (if any) of such special rate for the particular year, or on hand from former years ; Thirdly, the amount of such surplus annual income from such work, stock, shares or interest as aforesaid (if any) for such year so appropriated as aforesaid ; and Fourthly, the amount derived for such year from the Sinking Fund of such debt or loan, — to direct that for the next subsequent year after the occurrence of such aggregate or separate surplus, any amount notgreater than the amount of such special annual rate, nor less than the difTerence between ihe amount of such special annual rate, and such aggregate or separate •urplus derived from the several sources above mentioned, shall be llevied under the said first mentioned By-law, and to set forth in such last mentioned By-law the amount in the pound upon the whole assessed property of such County, Union of Counties, City, Town, Township or Village, which for such next subsequent year shall be levied under the haid original By-law for creating or contracting such debt or loan, in llieuof that thereby directed to be levied ; and upon such above men- llioned By-law providing for the levying of such reduced rate for any lyear, being approved by the Governor of this Province in Council, every hucli reduced rate shall for such year, but no other, be raised, levied, Icollected and applied under the said original By-law in lieu of such When and how the Cor()oration niny frntiie and pass n Ily-Iaw providing for the levyiiiR of a cer- tain reduced rate for any yea', in a certain con. 8ucti By-law, when approved by Governor, how to apply. 246 < 'orpor.ition may, ill r. -ortaiiicase, mibatitulcnii Ari- ticipntory Ap- propri.'iiioii in lieuoftlieiMiMiial spfclnl ran', hy applying certain moiii'ys to tlic pnyiiipiit ol" tho iiilerestaiiil sink- iii!? fiirui appro- priritioii ot" debt or loan for any giilHequent finan- cial year. Ifioiirccs of llic amoiiiiis fjrmin:; the ns!(»regale of ■iicli Aiiiiclpa- tory Appropria- tion to he ilistin- iitiislieil ill by- law or order. .■Ks iilso the nriioiiiit to be np- plieil for the in- tcrest. and tliai. ti be applied for ' linking i'lind. Sums iiow to be carried. Corporation hav- ini; made Hiich Anticipatory Aji- projiri.ition, may by lly-law direct tlie o'riijinnl ispe- eiiil r/iie not to be levied for Burli iiiibFe(|iient yenr ; mirli lly- law to recite CLTKiia things. CORPORATIONS AMENDMENT ACl", 1851, original special rate for such particular subsef;ueiit year, and all tlio provisions of such original By-law shall apply to snoli reduced rate as if it had been the rate originally imposed by .such original By-law. Xr. And be it enacted, That when any such debt or loan sludl have been created or contracted by any such Municipal Corporation or Pro- visional Municipal Corporation, and all the necessary provisirxi'^ for providing for and securing tho payment and satisfacl ion tht'reof duly made according to the ivciuirements of '' The Upper C"an;ida -Municipiil Corporations Act ot' one thousand eight hundreil and forly-uiue," "'The Upper Cana'la Mun'cipal Corpor;itious Law Ametidnient Act of oiio thousand oight hnndrud and lil'ty," ami this Act. if at a:ty time tiiHrn- aftor it shall bo deemed expedient by such Muiiicipa! (."orpora'iou, or Provisional Municipal Corporation to substitute an Auticipalory Appro- priation for the interest and Sinking Fund appropriation of such dehi or loan for any particular iinancial year subse{[uent to tlial in which siu'Ii Anticipatory Appropriation shall be made as hereinuflcr providoil, in li II of the annual special rale for such subsequent year, ai)plicable to the payment and satisfaclion of tho annual interest and Siiikinur I'un.l appropriation of such debtor loan for such subsecpient year, it shall and may be lawful for such Municipal Corporalion, or Provisional Municipal Corporation, to make such .•Anticipatory Appro[)riati()ri by apnropriatin:r and applying to the payment and satisfaction of the inter.ist and Siidciiiir Fund appropriation of such debt or loan for such subsecjuent year; Firstly, any moneys that may remain at the credit of the special nito acconnt of such debt or loan beyond what may bo necessary to meet all other similar Anticipatory Appropriations from such special nito acconnt, and beyont! also whatever may be necessary to meet the interest of such debt or loan for tho yeir next subsequent to that in which such Anticipatory Appropriation shall bo made as hereinbeforo provided ; Secondly, any surplus of annual incom(; dt-rived from anr such work, stock, sliares or interest, and then applic;ibie to the aiii;- mentation of the Sinking Fund of such debt or loan as hereinbeforo provided and not already appropriated ; Thirdly, any moneys derived from any temporary investment of such Siiikinu' Fund or of any part thereof not already appropriated for any particular year; Fourthly, any moneys that such Municipal Corporation, or Provisional Municipal Corporation may, by additional rate or otherwise, have niised for t ha purpose of any such Anticipatory Appropriations, and not then already appropriated to any particular delit or loan for any particular year : and, Fifthly, any other monovs of such Municipal Corporalion or Provisional Municipal Corporalion then in tho Corporation Tieasnrv and unappro- priated, or any of such moneys, distinguishing in their By-law or Order for such Anticipator}' Appropriation, the several sources of the amount forming the acjgregate of such Anticipatory Appropriation respectively, and distinguishing in like manner, the amount of such Antic.ii)itiiry Appropriation to bo applied for tho inlerest, and that to be ap|diedfi)i- the Sinking Fund appropriation of such debt or loan for siudi siihso- (luent year respectively ; and to cause such sums to be carried to tho credit of the Sinking Fund account of tin; debt or loan which shall bo the object of such Anticipatory Appropriation, to bo applied accord- ingly. XII. And be it enacted, That it shall and may be lawful for any Municipal Corporation or Provisional Mniiicipnl Corporation which by By-law or OrdiM- shall have made any such Aniicipatorv Appropr:aii"H as is proviiled for by the next preceiliiig section of this Act, by a Ih- law to bo passed by them for that purpose, and rocitinir or settiu'i forlli by way of Preamble to siudi last mtnitioned Hy-law ; Firs*, tluMriiriii''' amount of such debt or loan, and by some brief and general terms llio object for [which the same was created or contracted ; Secondly, tho 1851. year, and all tlic uh rod need rale as igiiial By-law. or loan shall have Corporation or Pro- ;ary provisit)ii!< for action thcMoof duly Canada Mmiii-ipiU forty-nine," ''The dnient Act of ();;o at any tiino tlmrt-- pal ("orpora'.ioii, (h anticipatory Appro- ion of siicli duhl or that in which such liiflcr providoil, in year, aoplicable to and Sinkin'^ Fund it year, it shall and )vi'sionaI Municipal lui by appropriating nter.ist and Siidiiiiir snbsiHpient year ; I of the special rato e necessary to meet I snch special nitu essary to meet iho iubseqnent to that in ade as hereinbeforo \e derived from any ^pliciiblo to iho aii2- oan as hereinbeforo [iny moneys derived iind or of any pait ar year ; Fourthly, •ovisional Mnnicipal lavo niis(Ml for tho md not then already mrticular year : and, ;Uion or Provisional ■isnrv and nnappro- u:ir liy-law or Order )nrces of the amount riation respectively, r snch Anlicipitiiry \at to bo applied for oan for sncli subs:'- lo be carrieii to tho oan which shall bo ho applieil aecoril- V bo lawfnl for any orporalion which by i palorv Ai)propri.iiio!i )f this Act,by aBv-l '.itinir or sellin'i f';"'''' v ; Firs*, iheoriu'iiiid -reneral terms tliD I cteil 5 SecpiuUy, tl>^ 247 [?y-la\v guliject 10 ttieCioveriior's npproval. CORPORATIONS AMENDMENT ACT, 1861. amount of th^ annual Sinking Fuml appropriation for the payment and satisfaction of snch liebt or loan ; Thirdly, the amount of snch debt or loan, if any, which shall have been alrea'dy paid or satisfied ; Fourthly, iho amount of the Sink-inix Fund appropiiations belonging to such debt or loan then on hand for the payment and satisfaction thereof, distin- :,mishing the amount thereof in'cash in the Corporation Treasury, and iho amount temporarily invested, pursuant to the one hundred and soventy-sevenlh section of the Upper Canada Mnnicipal Corporations Act of one tliousaml ei;rht hnndretl and forty-nine ; Fifthly, the amount required to meet tho interest of such debt or loan, or of so much thereof ;h shall not have been alre:idy paid and satislii^d for snch subsequent year; and Sixthly; that there had been appropriated and applied by «uch_Corp:iration, a sum of money equal to tlie amoinit of interest and Sinkiiii^ Finid appropriation re([iiired lor such year, to meet such interest an;l Sinking Fund appropriation, and that they hail caused the same to be carried to the credit of the Siiddng Fund account of such debt or loan, to be so applietl accordin'j;ly, — to direct tho original special rate ifiipused for the payment and satisfaction of snch debt or loan and the interest thereof, uot to be levied for snch particular subsequent year ior which such Anticipatory A|)[)ropriation shall have been so made as aforesaid ; and upon such last mentioned By-law being approved by the (lovernor of this Province in Council, such original special rate shall not nor shall any part thereof be raised, levied or collected under such origmn.1 By law or otlierwise in or for such particular subsequent year, any thing in the said, "The Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine," '*The Upper Canida Mnnicipal Corporations Law Atriendment Act of one thousand eight hundred and fifty," or in this Act to the contrary thereof notwith- Btanding. XIII. And b3 it enacted. That before any such last mentioned By- law, or any ottier By-law requiring such approval, shall be approved by the Governor in Council as recpiired by the next preceding Section of fieii.' this Act, the facts therein required to be recited or set forth by way of Preamble to the same, shall be verified upon oath or affirmation to be taken_ before a Justice of the Poac ;) or Alderman having Magisterial jurisdiction within the territorial limits of such Corporation, by the Head of such Corporation, the Chamberlain or Treasurer and Clerk Hy wliom. thereof for the time being, and also by the further testimony on oath or alhrmation, to be taken in like manner, of the same and such other parties or persons as may be required by the Governor in Council, and bo sufficient to satisfy him of tho truth of such recitals : Provided Proviso. Hlways, nevertheless, that in case of the death or absence of any such •Municipal Officer, it shall and may be lawfnl for the Governor in Council, if ho shall think fit so to do, to accept the oath or affirmation of any other Member of sucdi Corporation, iii lieu of that of snch Officer 60 dead or absent as aforesaid. XIV. And bo it enacted, Tiiat where any suidi original By-law may corpomtion have been passed by any such Municipal Corporation or Provisional ''|\'jy,','|,'!"|"„'vJ'''jn ^fnnicipal Corporation, forcr,'ating any debt or contracting any loan cVrtain ca'ces. under the one hntidred and seventy-seventh section of the saiil Munici- pal Corporations Act of one thousand ei>- any Ihiii'j; in the said section contained, to repeal snch By-law at any time before the creating of any part of such debt or tho conlracting of any part of snch loan, and tho actual issue of the Bills, Bonds, Dtjbentnres or other Obligations of such Municipal Corporation, or Provisional Municipal Corporation, for tho inme. !' H. facts rcfjuired to he sinu'ii in Hy- nw. to b'! vcri- 248 When certain parts of original by-law may be repealed. Proviso. rrovi»o. rroviio. No by-law for creating any debt, &c., under the 177th sect, of theU. C. Muni- cipal Corpora- lions Actof I8J9, to be passed ex- cept at a meeting of Corporation specially called for, held at a cer- tain time. Notice of mfcting to be pi-.')lislied. I'roviio. Form of Nolle*. Tho provisiOBiof r Obligations of such Union shall not have been issued previous to the dissolution of such Union, all which last men- tioned Bills, Bonds, Debentures or other Obligations shall contain a recital or statement setting forth the liability of the Municipal Corpora- tion of such Junior County for the payment and satisfaction of the moneys secured thereby under this Act, and such Senior County or Counties shall also continue subject to all the other liabdilies of such Union of what nature or kind soever which existed at the time of the dissolution of such Union, as if such last mentioned liabilities had been incurred by such Senior County or Counties after the dissolution of such Union; Provided always, nevertheless, that nothing herein contained shall be construed to prevent or interfere with the liability of such Junior County, to such S(!nior County or Counties upon any figreement or award made with respect to any part of such debts, loans or liabilities under the fifteenth section of the Act of the Parliament of this Province, passed in the twelfth year of Her Majesty's Reign, chaptered seventy- eidit, and intitul.ed, An Act for aholishinir the Territorial Division of Upp^r Canada into 'Districts, and for providina^ for tcmpornri/ Unions of Countir.>! for judicial and othn purposes, and for the future Dissolutions of I iuch Unions as the increase of wealth and population maij require. XIX. Atidbe it enacted, That notwithstanding the dissolution of any I Union of Counti(;s, every Junior County, after its separation, shall continue liable to the debts and loans createil or contracted by such Union, according to the provisions of the o:ie hundred and seventy- (evenlh section of the Municipal Corporations Act fif one thousand eiffht hundred and forty-nine, and of this Act, and to the holders of all Bills, Bonds, Debentures and other Obligatiuns issued by such United Counties before the dissolution of such Union, or by the Senior County or Counties of such Union, after the dissolution of such Union, for iiny luch debt or loan, or any part thereof, as if such debt or loan had been «o created or contractecl, and such Bills, Bonds, Debentures or other Obligations had been issued by such Junior Coimty after the dissolution of sach Union: Provided always, neverthelcsB, that nothing herein 249 in? ilie qiialificd- tion of persons 10 he elected to niuiiiciiml sents, to he sMspcncli'd ill a certain case. No qunlification, &.-., required of \\w rlectt-'il in sucli case. I.iabilitico nnil (tulips of the Se- nior (,'ounty in case of dissolu- tion of union of Counties. Proviso "? '0 liahilty of the Junior to the Se- nior Connty in a certain case un- der tlie l.'iiti sect. of l'3Vict.,c. ?8. Lia'-ilitv of the Junior Cniiniy nCti'r dicsoliition ef I'liion of Countiei. Proviio ai to 250 litltility of (hn Honior'io ilic Jii- uior (^oiiiiiy in a ceri.'iiii case im- •Irr the s.ii'l l')ih Hcrtioii ol' tho nlwve Act. Wlint mny he rrcovorp'l liy i;or|)nr;ilioii of till} Juiii'jr ("oiiii- Exoa»)tion. All orijln.Tl sipcciiil rau'H f,T payment of dulil, A.f., cliall coil- tiiiiii; lo lit; Icvieil iti the Junior lijiiiiiv, noiwitli- ctnii'linf; lli^':■l lii- liiiluM of union ; ainonnt lliercof l)y ani to w hoMi [injil, itn^l how Aplilicil. Prorlso : flpiiior t' levjc I &.C., iiji'jii siicli R>l;i\,v licin:; iipproveii by (iovcinur. Proviio : (^^rpn- ration nf Jiiiiii)r Ooimiy eniiili'-l to rccijv'cr fro:M t.'i.itof ih'.' r^ciior I'iOiinty an mnonnt eiinal 10 thai pail over lo Trc'iS'ircr of Peiiior ("onnty ; name liow lo iio apjilied. CORPORATIONS AMENDMENT ACT, 1851. containeil shall extetul or be conetruetl to extend to prevent or interfere with the liability of such Senior County or Comities, to such Junior 1 County, upon any agreement or award nnatle with respect to aiiv p-utofj such tiebts or loans, under the iifteenth section of the said Act, passeilf in tho twelfth year of Her Majesty's Reiijn, chaptered seventy-eii^rin and intituled, An Art for ahoilsltins; the Te.rrilorial Divisun nf i'i>pcr\ (Uinada inio Dlsilrlcl-i, and for providinp; for teinporarij Uniom of CounlicA for judicial and olhrr pur post's, and for the future dissolirtions of suc'il Unions, as (he incrcairporation of such Vlunicipal Corpora- equal to that of all Treasurer of such aforesaid as for so use of siioh Senior lid by virtue of any CORPORATIONS AMfiNDMEiNT ACT, 1851. luch agreement or award as is provided for in and by the said fifteenth Section of the said Act, intituled. An Act for ahoUshini^ the TerrilorUd \l)ivi.sion of Upper Canada into Districts, and for providui:: frr temporarij U'nions of C'>unlus for judicial and other purpoxi"!, and for the future Usolntions of such Unions as the increase df wealth and population may 'tquiie, such Junior County shall be bouiul u. p;:y as ils proportion, or Ipaif of its |irop()rtion of the debts or loans of snch Union. yXI. And be it enacted, That previous to the issue fif any Proclama- I'lour fo tli;! ereciiri;^ of any Town into a City, iiuder tiie provisions of :'ie eiiihly-foinlli section of the said Municipal Corporalioiis Act of one imsand eiiflit hinulred and forty-nine, an aifreement or aibitration h'-nilar, as, lioarly as may be, in all respects to the aL.n\!eiaeut and lirbilration provided for by t!ie lifleeiitli section of the said Act, of the liuelfth year of Iler i\I;ijosly's Reii^n, cliap!ereil seventyeiirht, between sJiiiiior County and the County or Counties, from wliiidi it is about to be separated, shall be made or had between snch Town and the Comity lor Union of Counties within the limits of wliicli snch Town shall lie, in which the IMunicipal Corporation of snch I'own shall do all on behalf of snch 'J'own as in and by the said fifleentli section is re(]uireil to b{3 Hone by the Provisional Mnnicipal Council ^ •. su(di Junior County, on behalf of such Junior County ; and the arbitrators shall be appoinleil, ihe award be made, and all other particulars obsmvcd by and between Isiich Town and County, or Union of Counties, as in and by such lil'teenlh Iwction is re([uired by and between snch Junior Oounty and the County lof Counties from wliich it is to be separated. XXII. And be it enacteds 'I'liat upon the ereotion of any such Town [into a City a aforesaitl, suc,h City and the liberties thereof shall remain liable to a'l ^tlie debts and loans created or contracted by the County or lUnion of "'riinties, within the limits of which such City and the liber- lies thereof shall lie, acoordinir to the provisions of the one lu-mdied and seventy-seventh section of the Mun icipal Corporations Act, of one thousand ei^ht hundred and forty-nine, aiul of this Act, to the like extent and in the like manner as a Junior County, on its sujjaration from ihe County or Counties with which it was united, remains liable to iha similar Debts and Loans of such Union ; and all tlie several provisions Uf the eighteenth, nineteenth ami twentieth sections of this Act, shall npply between such City and such County, or United Counties, as between a Junior County and the Senior County or Counties from which it shall have been separated. XX. II. And be it enacted, that the By-laws of every Union of Counties in force in any Junior County of such Union at the time of the ilissolution of any such Union by Prt/clamation or otherwise, according I to law, shall continue in force in such Junior County as if such 13y-laws had been passcil by the Municipal Council of such Junior County, until iha same shall be n?pealed, al'ered or amended re>p(!c!ively by the Municipal Council of such Junior County : Provih.'d always, neveithe- les-;, that nothini^ herein coutain>'d shall extend to empower the Municipal (Council of such Junior County to repeal, alter or amend any of such Bv-laws, or any part thereof, which could not lawfully be so repealetl, altered or amended ly the Municipal Council of >uch Union of Counties, were such Union a still subsisting Union at the time of juch repeal, alteration or amendment. XXfV. And bo it enacted, That the By-laws of every County or Union of Counties, in forci; in any Town, or in snch ]iarls of lhi> said County or Counties as are added to the same, when sucli 'J'own shall bo prected into a City, by Proclamation or otherwise, accordiuii; to Law, shall continue in force in such City ami th > liberties thereof, after the erection thereof, as if such By-laws had bee.i passed by the Common Council of such City, until the same shall be repealed, altered or 251 Kxsfption Rtto il)fi Junior • 'oiinivhi lia- hiliiy to (my itn proiiortidii ot' ilpll or lonn miller stslnl lirovifcioiii*. .As lo ntiy Town 1 rill!,' s('(irirniril from any t'oiinty lor ilic |i,iriinf«ot' I'CiriL; rrini'ii iiiiu a C'liy. I.i'ilittltirii of furh '^o^vil when no rrPCICil iiiloa C'liy, ny-|.'ny^ of any union of Coiiii- Iji'" II) rt'iMMiii ill fore* III Ihe J'lnior ('oiiMiy nlirr iis Hi«|iarn- lion ilieictruin, mini r> I'calcil, iiltercil, dtc. I'roviHn; (.'(jrtnin l'.y-l:uv» not lo \n rrpctk.'i', tcr., Ill ciTiiiiii cn*t«. As to r/V-lnwii nf i 'onnty, &.C., re- i.iiilnina ill forc<; ill niiy Tovvu. iki" . 'I'liaraieil ilirirf'om for ilii! I!ii'|ioi.-c of hciii^ crocicit iiiiQ a City. .- * 252 R ' ' Proviso: Cnrtain Bjr-liiw8 not to be repeiileil, &c., in certain case^. Re-tlivlsioii of ajiy City into wards, iiow to bo obtained. To extend the lime limid'd for pnssinf; lly-laws for dissolution of anions of Town- siiips, nnd fur ttie lonnationof Ndw uuioni. Rfcoofdef* for any City niay I ' appointed to preside over mid hold tlioUivision Court. His powers, nndcr l-ciier» PaWul. CORPORATIONS AMENDMENT ACT, 1851. amended respectively, by the Common Council of such City: ProvideiH always, nevertheless, that nothing herein contained shall extend to empower the Common Council of such City, to repeal, alter or amemi any of such Hy-hiws or any part thereof, which couKl not be lawfully so repealed, altered or amended by the Municipal Council of the Couiitv 1 or Union of Counties of which such Town formed part previously to its erection into a City, if it were not so elected but still formed part of such County oi Union. XXV. Antl be it enacted, That in any case in which the Common Council of any City shall> before the passing of this Act, by petition to any Branch of ihe Legislature, resolution or otherwise by a majority of j the Common Council of such City consisting of at least two thirds of the members thereof, have affirmed the expediency of a re-division of such City and the liberties thereof or of any part thereof into Wards, it shall and may be lawful for the Governor of this Province to proceed to a re-division thereof accordingly, as provided for by the eighty-fourth section of the Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine, upon the Common Council of the said City again affirming by a like majority the expediency of such re- division in the maimer required by the saitl eighty-fourth section, at any time before the eighteenth day of September in the present year. XXVr. And be it enacted. That the time limited by the eighth section of The Upper Canada Municipal Corporations Law amendment Act of one thousanil eight hundred and fifty, for the County Municipal Councils to pass By-laws for the dissolution of the Unions of Townships within their respective jurisdictions, and for the formation of new Unions for the greater accommodation of the people of such Townships, as in the said eighth section of the saitl Act is mentioned, shall be and the same is hereby extended to the thirty-first day of December next, and to such further day thereafter as the Covernor of this Province, by Proclamation under the (ireat Seal thereof, issued either before or after that day, or any further day to which such time may be so extendei), may from time to time think fit to appoint ; and that the County Municipal Councils may dissolve the Union of Townships created by virtue of the last recite I Act, and form other Unions of Townships or inilependent Townships in pursiia.ice of the provisions of the said last recited Act anil/)f the Uppci Canada Municipal Corporations Act of one thousand ei:rht hundred ond forty-nine, and that Unions of Townships formed uiuler By-laws passed under the authority of the said eight section of the said Act and of this Act shall and inay be dissolved in the same manner as the pre-existing LTnions to which the said section expressly refers. XXVII. And be it enacted, That upon or at any time after the ap- pointmtMit of a Recorder for any City in Upper Canada, under the provisions of the LTpper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine, it shall and may be lawful for the Covernor of this Province, by Letters Patent under the Great Seal thereof, to authorize and appoint the Recorder for the time being of such City to preside over anil hold the Division Couil of and for that Division of the County or Union of Counties within which such City and the liberties "thereof shall lie, which shall include such City anr! liberties ; and in every such case, so long as such Letters Patent shall remain unrevoked, the Recorder (>f such City shall have and exercise all the powers and privileges, and perform all the duties of the County Court Judge as .ludge of the said Division Court, in the same manner, and to the same extent as such County Court Judge would be authorized to have, exercise and perform the same if this Act had not been passed ; and such Recorder shall, by virtue of such Letters Patent, have full power and authority to hoUl such Division Court and to perform all other , 1851. jch City: Provide.l] ed shall extend to leai, alter or amend I ild not be lawfully luncil of the County art previously to \\s still formeii part of I hich the Commori ■i Act, by petition lo ise by a majority of least two thirds of i y of a re-division of ' jreof into Wards, it ovince to proceed to by the eighty-fourth Act of one thousand Council of the said =!tliency of such re- ,y-fourth section, at I the present year. Dy the eighth section r amendment Act of Municipal Councils f Townships within n of new Unions for ownships, as in the lall be and the same ler next, and to such ice, by Proclamation J or after that day, so extended, nriay County Municipal ited by virtue of the ps or independent id last recited Act '\ct of one thousand Townships formed lid eight section of solved in the same d section expressly time after the ap- Canada, under the rations Act of one may be lawful for ider the Great Seal the time being of [luit of and for that which such City ndc such City and .etters Patent shall have and exercise titles of the County the same manner, Ivould be aulhori/ed d not been passed ; Patent, have full ,0 perform all other n ProTiw. A« \o the nnihor- ity, tec, of itie County Judge when Rccor(t«>r ii BoappoinNNi M Judge. ProTiao. CORPOUATIONS AMENDMENT ACT, 1851. Ijuties, whether of a judicial or other character, which, if this Act had [not been passed, it would appertain and belong lo such County Judge as Ijudge of such Division Court to exercise and perform ; Provided always, [nevertheless, that while any Recorder shall be so authorized and ap- Ipointed to hold such Division Court, such Recorder shall not practise as |i Barrister, Advocate, Attorney, Solicitor or Proctor in any of Her lllajesly's Courts of Law or Equity in this Province. XXVIII. And be it enacted, That upon and from the issuing of any littch Letiers Patent under this Act, appointing the Recorder of any City L preside over and hold the Division Court of and for the Division lifilhin the limits of which such City and the liberties thereof shall lie, land while such Letters Patent shall remain unrevoked, the authority and Iduties of the County Judge of such County of Union of Counties as Ijiidge of such Division Court, except as in the next section of this Act Iprovided, shall cease : Provided always, nevertheless, that all and every lihe business and proceedings of, or in any such Division Court, whether {pending or otherwise at the time of the issue of any such Letters Patent, luid all matters and things thereto relating, shall be continued, managed liod disposed of by and under the authority of such Recorder, instead such County Judge, as if he had been the Judge of such Division ICourt when the same was commenced. XXIX. And be it enacted, That in case of the illness or unavoidable Iibsence or absence by leave of the Governor, of the Recorder of any Idich City, it shall and may be lawful for the Judge of the County Court liaand for the County or Union of Counties within the limits of which Inich City and the liberties thereof shall lie, to sit for such Recorder as iJudge of such Division Court, and in every other capacity whether liidicial or otherwise, belonging or attached to the office of such Recorder lis Judge of such Division Court by virtue of such Letters Patent as jjforesaid, or for such Recorder, if he think 111 so to do, by an instrument Isi writing, under his hand and seal, to name and appoint some Barrister, Inly admitted as such, so to sit for him in holding such Division Court Laforesaid; and in every such case, as well such County Judge as I'lich other person so named and appointed to sit for such Recorder as .aid, shall on every such occasion have full power and authority to liitfor such Recorder as Judge of such Division Court, and in every per capacity, whether judicial or of any other character, belonging or liltached to the office of such Recorder as Judge of such Division Court, virtue of such Letiers Patent as aforesaid: Provided always, never- Proviso, liheless, that no such nomination or appointment shall continue or he in lorce for more than one Calendar Month without the renewal of the liamc by a like instrument as aforesaid. X'XX. And be it enacted, That every such insfrument of nomination lihall contain a recital of the cause which rendered such nomination jiecessary, and shall be executeil in triplicate, one of which triplicate iriginals shall, by the Recorder making the same, be fyled in the office "the Clerk of such Division Court, another of them delivered or sent )lhe person so named to sit for such Recorder, and the third be trans- litted to the Provincial Secretary for the information of the Governor lot" this Province. XXXI. And be it enacted, That in the case of every siudi nomination, Ishall and maybe lawful for the Governor of this Province, by an listrnment umler his Privy Seal, to annul such nomination, and if he hall think fit so to ilo, to name, by the same or any other instrument iiler his Privy Seal, some other person legally (pialilied lo have been fcamed by such Recorder himself, to sit for such Recorder, instead of the prson so named by fuich Recorder as afoiesaid, and with the like pow- p hereby conferred upon such person so named. 253 In cn§e of nhset.ce, &e., of Recorder, lira County Judue »o bii ; Recorder may iinrne a Barrister in hH) •lead. Powers. As to iiistalmeDi of noiikinotioa. Clovornor inny nnniil tlir noini- nailon, and nppuint HOine oitter (Hifsou. 254 RciniiMnration to UeeorUcr. f Viet., c. 57, mill oiDiT cii^tct- luciita ru|)calcd. Abolition hy CORPORATION'S AMENDMENT ACT, 1851. XXX[I. And be it enacted, That it shall and may be lawful foi il„ Governor of this Province in ('ouncil, to fix an annual remuneration hi be paid to every such Recorder for performing such duties, dnereijjiri being had in fixing the f«anie to tiie population resident within the jmis- diciion of such Division Cotn't, the amount derived to the Fee Fmul from the fees collected and returned from such Division Court, I'lo amount of the salary of such Recorder as such, and the amount of the sahiries of other County Court Judues in Upper Canada, ant! that sucli annual retnuneratioi, shall be subject to be altered in the like way, ami shall be paid out of the like funds' and in the like manner as the sahiry (if the County Judge in and for the County or Union of Counties wiiiiiii the limits of which such Ciiy and the liberties thereof shall lie. XXXIH. And be it enacted, That the Act of the Parliament of thin ]'r -'ic pa-sed in the eighth year of Her Majesty's Reign, chaptered y\ ■ veo.and intituled, An. Act to empower the Dintrirt Councils of \ Jilti. , r iul J -.i nets and hoards of Police of Iw.orporated l^ovms in Upper Cana~ , to i/.^nce a lax on D)gs with'ni their respective iJistricts and Towns, and a;. :^ die two hundred and eighth Section of the Upper Canada Municipal Corporations Act of one thousand eight hundred aiid forty-nine, as amended by the Upper Canada Municipal Corporations Law Amendment Act of one thousand eight hundred and fifty, together with the amendments by the said last mentioned Act made therein, and the Seventeenth Section of the said last mentioned Act, shall be andtha same are hereby repealed. XXXIV. And be it enacted, That in any case where any Township Division into Wards 10 lie valid iiiaccriain Up.>|wttfiitiility of Miiiiifijialify if .'iiiy of iis Itv- li\v(;,&c., he quasiiud. o'ipaViUes'of'""'' Municipality shall have heretofore abolished any Division thereof into Wards that may have previously existed,' such proceeding of such Municipality shall be and is hereb5 confirmed and made valid to rdl intents and purposes, unless the same shall have been set aside by judicial decision. XXXV. And be it enacted, That whenever any By-law, Order and Resolution shall be or has been passeil or adopted by any P.Iunicipality whatever, and such By-law, Order or Resolution 1ms been or shall ba quashed, or declared illeiral or void by any Court having competent jurisdiction therein, the Municipality by which such By-law, Onler or Jlesolution has been or sliall be passed, shall alone be responsible in Jiinless it s'la damages for any act or acts done or committed under such By-law, Order or Resolution, and any Clerk, Constable or other Odicer acting' thereunder, shall be freed and discharged from any action or cause of action which shall accrue or may have accrued to any person or persons by reason of such By-law being illegal and void, or having been quashed, and such Municipality >-hall pay all costs and expanses at- • 'ouri inayprant tending tlie quashing of any such By-law ; and the Superior Courts of Common Law shall also have full power and authority to g ant or refuse costs in tlieir discretion in any case in which application shall be or may have been made for any \Vrit of ]]Iinda:7}us for or against any Municipal Corporaliju, wliioh costs, when granted to either party, shall be taxed and allowed in the sam.? manner as betwden p.rly and party. XXXVL And be it enacted. That the several words, phrases and sentences of " The Upper Canada Municipal Corporations Act" of one thousand eight hundred and fjrty-nine, as fuch Act was corrected and amended by "The Upper Canada Municipal Corporations Law Amend- ment Act" of one thousand eiaht hundred ami fifty, and of the said " Upper Canada Municipal Corporations Law Amendment Act" of one thousand eight hundred and fifty, in the first column of the Schedule to this Act annexed, marked A, numbered from one to thirty inclusive, and set forth in the second column of the said Schedule, as such several words, phrases and sentences are contained in thoM several parts of the several and respective sections, sub-sections aiul or refuse costs in I'l cert'iiii case the Rniue lu ha taxed. Orlniii word.-!. itc, cnntaiiicd in Sclicdiili! A, re- jionlu i. here any Township )ivlsion thereof iiUo proceeding of sucli id n:\ade valid lo r.!! beau set aside by I B3'-ha\v, Order and y any ?.IunicipaHty us been or shall ba laviti"^ compeleiit 1 liy-law. Order or b'j responsible iu ler such By-law, 3ther Oiliciir acting' aelion or cause of • pjrson or person* , or having been and expanses at- Supuri or Courts of to g ant or refuse ion shall bs or may nstany Municipal riy, shall be taxed d party, ords, phrases and aiions Act" of one was corrected and ions Law Arnend- y, and of the said Amendment Act" first column of bored 1 Voin one to the said Schedule, contained in thoM sub-sections aiul CORPORATIONS AMENDMENT ACT, 1851. provisoes of the said Acts particularly referred to in ihi third column of ihe said Schedule opposite to each oi such words, phrases and sentencus 1 respectively, shall be and the same, as so contained in such pection, sub-seclions and provisoes, ;ire hertdjy repealed ; and the several and respective wordc, phrases and sentences set forth in the fourth column i)f the said Schedule, opposite to each of such firiit mentioned words, phrases and sentences respectively, shall be and the same are hereby substituted for such first mentionctl words, phrases and sentences, each for each respectively : antl henceforth, the said substituted words, phra>es and sentences instead of those for which they are so substituted as afore- said respectively.; shall be and shall be deemed and taken to have been ihe words, phrases and sentences nsed in the several and respective fections, sub-sectioiis and piovisoes of the said Acts respectively, in •lie third column of the said Scheelule mentioned, opposite lo each of juch words, phrases and sentences respectively, and in the parts of jiich sections, sub-sections aiul piovisoes therein particularly mentioned ; and the said Acts, and all other Acts referring to the same, shall be tonstrued as if snch substituted words, phrases and sentences had ^ -'Hi iliere used in such respective sections, sub-sections and pro* oo> respectively, and in the parts thereof respectively in the said thirii column of the said Schedule mentioned as aforesaiil, at the lime f thr passing of the said Acts respectively, any tiling therein contained to ine contrary notwithstanding ; and so much of the said '* Upper Canada Municipal Corporations J>aw Amendment Act" of one thousand • ^jht iiundred and fifty, as makes any correction or amendment in ir to any of such words, phrases or sentences other than those hereby n 'e in or ,3 the same, and so much of both or either of the said Acts as makes my other provision whatever contrary to or inconsistent with the pro- visions of this Act, or any piovision whatever in any matter provided :orby this Act, other than such as is hereby made in such matter, shall lie, and the same is hereby repealed, and shall cease to be in force upon, irom and after the day when this Act shall come into operation : Provi- ded always, nevertheless, Firstly, that nothing in this Act contained 'bll render void or otherwise aifect in any way, any thing heretof(jre iloiie under the authority of the said Acts or either of them, but the same, unless it s'lall have been made tlip subject of proceedings at law actually ji,i3liluted before the passing of this Act, or shall be made the subject of such proceedings within six calendar months next after the passing of ihis Act, shall be and the same is hereby ratified and confirmed, any :iiiiig herein contained to the contrary notwithstanding: And provideil liso. Secondly, that notwithstanding the repeal of the parts and piovi- lions of the said Acts hereby repealed, all acts which might have been 'one, and all proceedings which might have been taken or prosecuted, ielaling to any olfences or neglects which may have been committed, trto any matters which shall liave happened, or to any moneys which pall have become due, or to any fines or penalties which shall have ■ecu incurred before the day on which this Act shall have come into deration, shall and may j^tili be done and prosecuted, and the oifeiices aJ omissions may be doall with and punished, and the moneys may be ecovered and dealt with, and the fines and j^eiiallies may be imposed •iiil applied as if the said parts and provisions of the said Acts hereby epealed continued in force. XXXVII. And be it enacted. That in pleading, citing or otherwise eferring to the Act of the Parliament of this Province, passed in the ffelflh year of Her Majesty's Keign, chaptered amongst the Public General Statutes of the Session in which the same was passed, as liapter eighty, and intituled, An Ad lo repeal Ihe Acts in force in Upper 'anada, relative to thfi cstahHshmcnl of local and Municipal Authorities^ ^tidQtlicr matters of a like nature, it fchall in all cases whatsoever be euf- 255 Citlier wor.l», &«, FiilimiiiKcil (ur the aitovr, ns w( Jurtti III Ihe lih roluinn of ilw SclieUule. 'J'lir laiite how to apply. Arts to lie oon- >-trut'(l lih ii tiiieli wordi, Ice, were cuiiiaincd ilivru- in. Iiicon»i(ii'«iit pro- viiiioiiB rcpenled. ProviK) : Tliiiipa licrlbriiicti under Acts, iiiiluffi iiindc tilt; siilij(«i of legal procecd- ingt< in ccrlitiu cabCB. rrovlso : Ad to oironcfB, fiMei", iiioncys, &.C.. boforo tliii: Act comes into opo- ratioii. Sliort liilei hy wliicti certain Aci8 relntiiig lo I'. Canada may be cited. . \\ 2^ Proviso as to the wordi " Upper Canada." CORPORATIONS AMENDMENT ACT, 1861. ficient to use the expression, '* The Upper Canada original Municipal Authorities Repeal Act of 1849," or words of equivalent import ; that in pleading, citing or otherwise referring to the Act passed in the same year, chaptered eighty-one, and intituled, An Act to provide by ont Generul Law for the erection of Municipal Corporations, and the establiih- ment of Regulations of Police^ in and for the several Counties, Cities, Towns Townships and Villagh, in Upper Canada, it shall in all cases whatsoever be sufficient to use the expression, " The Upper Canada Municipal Cor- porations Act of 1849," or words of equivalent import ; that in pleading, citing or otherwise referring to the Act passed in the Session of the said Parliament, in the thirteenth and fourteenth years of Her Majesty's Reign, chaptered amongst the Public General Statutes of the said Session, as chapter sixty- four, and intituled, An Act for correcting certain errors and omissioiw: in the Act of Parliament of this Province, passed in the la'it Session thereof, intituled, 'An Act to provide by one General Law for the * erection of Municipal Corporations, and the establishment of Regulations * of Police, in and for the several Counties, Cities, Towns, Townships and * tillages, in Upper Canada,' for amending certain of the provisions of the saidAci, and making some further provisions for the better accomplishment of the object thereof, it shall in all cases whatsoever be sufficient to use the expression, " The Upper Canada Municipal Corporations Law Amendment Act of 1850," or words of equivalent import: And that in pleading, citing or otherwise referring to this present Act, it shall in all cases whatsoever be sufficient to use the expression, " The Upper Ca- riada Municipal Corporations Law Amendment Act of 1851," or words of equivalent import ; and that in pleading, citing or otherwise referring to the said Acts, or to the said Acts or any other Acts that may be here- after passed, touching or concerning, or in any wise relating to such Municipal Corporations generally, it shall in all cases whatsoever be sufficient to use the expression, " The Upper Canada Municipal Corpo- rations Acts," or words of equivalent import, which shall in all such cases be understood to include and refer to such and so much of the said Acts as shall be in force at the lime referred to, touching or concerning or in any wise relating to such Municipal Corporations : Provided always, never- theless, that in all Legislative Enactments wholly confined in their operations to that part of this Province called Upper Canada, the use of the words, ''Upper Canada," or words of equivalent import, in any of the expressions above mentioned, shall not be deemed necessary for the purpose aforesaid, but in every such case, the expression shall have the like efiect as if such words were contained therein. SCHEDULE A. Referred to in the Thirty-sixth Section of this Act. E a 85 Words, Phrases and Senten- -es of 12 Vic. chap. 81, (The Upper Canada Municipal Cor- porations Act of ie41)) as they originally stood in that Act, or as Uiey stand amended by the 13 & 14 Vic. chap. 61. (The Upper Canada Municipal Cor porations Law Ainendinenl Act of 1R)0) and of this latter Act which arc repealed by tiiis Act " That no such first mention- od by-law—" Sections, Sub-sections and Provisoes of the 12th Vic,, chap. Hi. and of the 13ih& 14th Vic. chap. 04, and the parts thereof re- spectively in which the repealed Words, Phrases and sentenc3s are con' tained. 12Vic. cnp. Pl,13&14 Vict. cap. 61, Sec. 8, Sche- dule A, No. 1. Words, phrases and sentenobs substitttbd ror those by this act revealed. " That no such by-law. M. Word ens 2 3 4 -Fo "Iti Collect $t€tiOH, Note.— The above he^itlinM, to the colinnns of the Schedule, are repeated at length at the lop of each page, in tte orlgittol Act, but, for oonvenicnce, we have abridged them in the succeeding pages. SCHEDULE A. 267 RO. ris, Townships and ncerning or many ed always, never- import, in any of top of eash page, in tte Words, phraaca and wnten- CC8 repealed by this Act. " Tt shall be the duty of the Collector, (to the tnd of the MtetioH.) Sections, tec, fii which the re|)ealed words Sec, arc contained. Words, phravcs nnd i«entencc«< siibstiiulvJ for those liy tliiu Act repealed. ** For that purpose.' " Two thirds" 12 Vic. cap. 81, sec. 13. 19 Vie. cap. 81, sec. W, .\t the beginning of tlic section. 12 Vic. cap. 81, Bcc.f. "For tlint purpose to abolidh the saiJ Division 13 fc 14 Vict. cip. (M, into Wards or" Schedule A, No. 1. Mem.— St* Ifota to page 356. "Four fifths" " It shall tie the duty of ilie Hctiirnin^ Officer for every such Townuhip or riirni wurd U) procure a correct copy of the t'ol lector's roll lor bucIi Town- ship or ward for the ye.ir next before that in whirl* the election shall he lioklen, so fur us ituch roll cun- tains the names of all male freeholders iimi house- holderH rated u|kiii such roll, in ri'ii|x:ct of ratealilo real projierty lying in such Township or ward, with the amount of the assessed value of the real pro- perty for which they shall 'jc refi(K;rtively rated on such roll, which copy shall be verirtud by the affida- vit or affirmation of such Collector, or of such other person as may have the Ic^al custody ol the ori^'inal roll for the time bi-in;!, and also by that of such Returning Officer, to be appended to or endorsed upon such copy, and which afTidavitsor affirmations shall be taken respectively before any Justice of the Peace for the County, or other officer having au- thority to administer an oath or affirmation for any purpose under this Act, and which affidavits or affirmations shall be to tlie effect, that such ropy is a true copy of such roll, as far as the same relates to such Township or ward, ctkI all male frecholdetd or householders rated upon such roll in res|)ect of rate- able real properly lying in sucli Townsbip or ward, witli the amount of tlie assessed value o( the real property for which they are so rated rc8|)eciively ; and no person shall be qualified to be elected a Township Councillor, at any such election, who shall not be a freeholder or householder of such Township or ward, seized or possess&l of real pro- perty held in his own right or that of his wife as proprietor or tenant thereof which shall be rated on such Collector's Roll in the case of a freeholder, to the amount of one hundred pounds or upwards, and' in the case of a houxeholder to tlie amount of two hundred pounds or upwards, and the persons entitled' to vote at such election shall be tlie freeholders and householders of such Township or ward, whose names shall be entered on the said roll as rated for rateable real property, held in their own right or that of their wives respectively, as proprietors or tenants thereof, and who at the time of sucli election shall be resident in such Township or ward. Provided al- ways nevertheless, firstly,— Tliat the occupant of a house built of logs, whether hewn or unhewn, shall be considered a householder within the meaning of this Act, in case he shall be rated therefor as a householder upon such Collector's roll as aforesaid. Provided also, secondly,— That the occupant of any separate portion of a house, having a distinct com- munication with a public road or street by an outer door, shall also be considered a householder within the mcanins of this Act, in case he shall in like man- ner be rated tliercfor, as a hoiiBeholdcr, u;^on such Collector's roll as aforesaid. Provided alw, thirdly, — That whenever both the owner and ff' iipant of any such real property shall be so rated in .cs[>ect of such rateable real property, the owner and the occu- pant shall both be deemed rated within ttie meaning of this section : And provided also, fourthly,— That where any such real property shall be owned or occupied jointly by more than one |)erson, and the amount at which the same shall be so rated, shall be sufficient, if equally divided between them, to give a qualification to each, tlien and in every sucli case, every male whose name shall appear an such roll, as one of tlie joint owners or occupants of such real ■ I f r: 258 CORPORATIONS AMENDMENT ACT, 1851. HO. >■ ,M m^ ■^ 10 VVor-li, pliMics nnd •cntcn- c«B repealed by thti Act. " CommimicitioD nithifi ■uch TDwunlup," fLe v«ordji"aod for" "in money tlicrefor." 12 Vli, e. 81. anb-Mciioa 28. " not exceeding ttctnty days:' " meetings of such Manicipal Council," and rntos." for cirtal)lishhig the " or maintained at the public CX1WIUK3 of such County" Hcctloni &c., in \fHcJt\ llie refwa'ftl worcta tc. nrcconiriincd. Worda, phraovs nnd sentcnceii sulntituted for Mow by this Act repealed. 13 Vic. c. sub-scftion wc. 3t hetWL-en property, shall be deemed a pcrion rntc meaning of this section ; but if the amount aiwhiJi ■uch real property shall b t if Ihfi amouni ai wh'uli 10 raied ihall not be tnif- I a qunlincation to each ^cupanl(l. then, none of hnll 1)0 dccnioJ a periun ' tbis Bcciion." I auch Townnhlp, or ^e- any adjoininRTownsMr, VilliiRC, nnd for ciiUTin;; linR any nrrangcineni or ipal Corporaiions of any tJity, 'I'own or incorpo- iiion of any such work ri i« join'. iHjnctit. ofllx! Mu- ch Township, City Town liiey rcproseiJt rcapectlw- i ied alv7ay9 ncvenbclM), I ihn next preoxiing gub- it extend, or be conB:rueJ ibour or the commiKuiloii rreof, of any person roril- w tiomidfid by any Town- two or more Townshiixi I. iwccn such County and r County, or between one wy VMy, Town or inccr- the bounds or wiiliin tta* y." days, and either with or ISC of non-piyincnt of naj fi, no dislresi found out of evied for the breach." .jiclpal Council ; Proriikjl t in cnsc of an equahiy o1 of County Warden, the I Council present at sueb Reeve, (or in his abwncc ixjone, and he be present) r Village which shaHNive if freeholders and hoiiae- ^•9 Roll thereof for Uie w.n I a second or casting voUi the event of t here beins; 'ownships. Towns or V«- .mniber of freeholders or fspective Collector's Rolk bngst themselves an eqi^iJ Llers and hou8eholl1er^ ti Ivecn the Reeves or Deiiufy lips. Towns and Villaiieji lich of thcai s'.iall have ilw \i such election, and fui'i shall have such seconil or as well the nmount to te I'J'rcaB'ary for such Uociuo, Mic expense of nuch Coun- i the l:indhol:!cr3 rcsklin'; ■bounded by any auchbigl'.- lilk. crossing, alley, laJKS lation, to compound for the |a|)€Ctively prrformable fo: I'ive years, at any rale nm Ind Six Pence for each Hay's Iforc the labor corapounJeJ KO. U '• h shall fcp thp (hity of the Returning officer" (t« Wur entflthe bt^ioning of the «ec-!cvery sacJi incorporate,! Village to pro;ure a correct Worda, phrases and Hcntea- cea repealed by tliia Ace Sections Sec, in which the repenled words &c. are conUiocd. for ouijht to be pcrfonncvl, and by any siiclj regula> tionsto direct to what olWci'r of such County su'^ composition money sh:ill Ixj paid, and how surJi money shall be appliel and ncroiinted for, and to K/iilate the manner and the 'liviiions in which such Btaiuie labor shall be perforine I." WVic.c. PI. sec. 57. At/' it shall be the duty of the Returning Officer for of thtueUim.) UOD Words, phrases and sentences substitutad fi r tbow by this Art repealed. copy of the (V-iieotor's Roll for suc.'i Villi^e, for ilio year neit twfore that in which tiv? Election shall bo holden, so far as such Roll contnins the minims of all inalf," frcelioldcrs and householders ratCvl upon sucti Roll, in respect of rateable re il pro|)erty lyinj in such Village, with the .luiouiit of the fiiweiiiel value of sucJi real properly for whicli they sli.dl Ix; respec- tively rntcl on sucii Roll, which copy shall Ix; veri- fied in like manner as the co[);cii of (kjllectors' Rolls for Township Electionn, ns herein hel'ore pmvided ; and no jx-rson shall be qunlilled to be elected a Village Councillor at any nuch Klction who shnli not Ik; a freeholder or householder of such Village, seized or poHsnaaed of real pro|)erty held in his own ri;^ht or that of his wifi; as proprietor or tenant thero- ol, which shall be rated on such Collecmr's Roll in the case of ,T freeholder, to the amount of Ten founds per annum or upwards, an i in the case of a house- holder to tlie amount of Twenty Pounds ptT annum or upwards ; and who shall noite seized or positess- ed to hw own use or that of his wife of tlie real pro- perty for whidi he shall Ixj so asaessc*!, either tn fee or freehold, or for a term of one year or upwards, situate within such Vill.i{;c. And the per^tons enti- tle) to vole at such Election shall be the freeholders and householders of such Villnge, whose names shall be entered on the sai i Roll as rated for rateable real properly held in their own names, or that of their wives rcs|iectively, as proprietors or tenants thereof, to the amount of Three Pounds per annum or up- wards, and who, at the time of such Election, shall be resident in such Village ; Provided always, never- theless. Firstly, I'hat it shall not be necessary that the property qualification of such Vdlage Councillors or voters shall consist wholly of freehold or wholly of leasehold property, provide;! the aggregate amount at which both snail be assessed shall be sufficient as above required ; and provided also. Secondly, that the occupant of a house built of logs, whether hewed or unhewed, shall be considered a householder within the meaning of this Act, in case he shall be rat»l therefor as a houscliolder upon such Collector's Roll as aforesaid : Provirled also. Thirdly, that the occu- |)ant of any separate portion of a house having a distinct communication will) a public road or street by nn outer door, shall also be considered a house- holder, within the meaning of this Act, in case hn shall in like manner be rateil therefor as a house- holder upon such Collector's Roll ns aforosaid : Provided also, ["ourihly, that whenever both the owner nnrl occupant of any such rerd t)ropert,y shall be so rated in respect of such rateable real property, the owner and the occupant shall bo'.h be deemed rate I within the nieaninR of this section ; and pro- vide. I .aJso, b'ifihly, that where any such real pro|)eTty shall b(! owned or occupied joinily by more than one person, and the amount at whicli tiie same shall be »o rated shall be sufficient, ifeqiially divided betweo' them, to give a qunlificntioii to each, then and ■. > every such ease every iiialo whost; name shall appi ..- on such roll as oaeoftlie join, owners or occupaau; of such real property »\^> 11 be dr;emw! a person rate>l within the meaning of this section ; but If the amount at which such real property shall be eo raUvi shall not be sufficient If so divide I to give a qualiiication J^mu.—Ste JSiU Upagt %9, 260 CORPORATIONS AMENDMENT ACT, 1851. NO. 12 Wordg, phrases and senten- ces repealed by this Act. Sections &.C., in which the repealed word« &c., are containcxl. "it shall person" ( tioft.) he the duty of rny to the end of t^'C sec- iz Vic. c.'Pl, sec. C'l. At I lie beginning ol' the sec lion, Words, phrases and sentences substituted for those by tliis Ac: repealed. to each of such joint owners or occupants, then' nom; of such owners or occiipantfi ghall he dwMneJ 4 per- son rated witliin the meaning of this section." " It shall be the duty of the Returning Officer for each Ward of every such Incorporated 'i'own to procure n correct copy of the Collector's Roll for such ward for the year next before that in which the Election shall be holden, so far as such Roll contiiin'i the names of all male freeholders and houst holders rated upon such roll in respea of real projicny \y\u^ in such ward, with the amount of the assessed value of such real property for which they shull bo rcH- pectively rated on sui^h Roll, which copy shull hi; verified in like manner as the copies of (?oll(«tor'g Rolls for Township Elertions as ncreinliefore pro- vided ; and no person shall be qualified to Ijc elected a Town Councillor at any such Election who shall not be T freeholder or householder of such Town seized or [loSBe^d of real pro[icriy held in .m owii right or that of his wife, as proprietor or tenant thereof, which shall be rated on sucli Colloctor«' Roll or on the Collector's Roll or Collectors Rolhi for some one ! or more of the other Wards of sucli Town, for.'such next preceding year in the case of a freeholder, to the amount of Twenty jwundg per annum or upwards, and in the case of a Imuge- holder to the arfjouni of Forty pounds per annum or upwards, and who shall not be seized or possessed to his own use or that of his wife of the real pro- perty for which he shall be so rated, either in fee or freehold, or for a term of one year or upwards, situ- ate within such Town ; and the persons entitled to vote at such Election shall be the freeholder^ and householders of the Ward for which sucli Election shall be held, whose names shall be entered on the Collector's Roll thereof for such next preceding year as rated for rateable real property heir* in their own names or that of their wives rcspective'y, as pro- prietors, or tenants thereof, to the amount of Five pounds per annum or upwards, and who at th« tims of such Election shall be resident in such ward : Provided always, nevertheless. Firstly, that it shall not be necessary that the property qualifications of such Town Oouncillors or voters shall consigt wholly of freehold or wholly of leasehold pro|)eny, provided the aggregate amount at which lioih shall be assessed shall be sufficient as above required ; and provided also, (Secondly, that the occupant of a house built of '.ogf, whether hewed or unhcwcd, shall be considered a householder within the mean- ing of this Act,' in case he shall lie rated therefor at a householder .upon such Collector's Roll as afore- said i Provided also. Thirdly, that tlie occupant of j any separate portion of a house having a distinct communication with n public road or street by an outer door, shall also be considered a houscholiiur, within the meaning of tiiis Act, in case he shall in like manner he rated therefor as a householder upon such Collector's Roll as aforesaid : Provided alFo, Fourthly, that whenever both the owner nud occupant of any such real pro|)erty shall lie so rated in rcsiiect of such rateable real property, the owiiar i and the occupant shall l)oth be deemed rated wiiliin the meaning of this section ; and, provided also, ] Fifthly, that where any such real property nhnll be owned or occtipiwl jointly by more than one person and the amount at wliirh the s-iine shall l>o so rnu'l shall Ih! sutTiricni, if equally divided Innwccn tlifm, to give a qualification to each, then and in every cuch case every male whose name shall appear on such I Roll as one of llie joint owners or occupants of I such real property shall be deemed a persfin miMr within the meaning of this section ; but if ilx*! K«TE,— /S« JVrt< iopafft 2M. SCHEDULE A. 261 xa gubstitutcd forthoAe ■e pealed. or occupanti", Ihon' noni; B sliall bu ilwincJ ^ pw- ,g of this section." tic Retuniing Officer for Incorporated Town to the Collcctor'B Roll for before that in wliicli ihn far nsBUch Roll conUiins loldcirs and houw bolders lect of real proiicrty lyiiii? unt of the .issessed value vhich they shull ba rcs- ill, which copy shfill he the copies of ("ollixtor's ong as Hereinbefore pro- be qualified to tx; elected such Election who shall luseholder of such Town proiicny held in .lis own as proprietor or tenant atod on sucli Colloctorh' Roll or Collectors Rollii of the other Wards of preceding year in tlie case lount of Twenty jiounds nd in tlie case of a lioase- orty pounds per annum or lot be seized or possessed his wife of the real pro- c 80 rated, either in fee or one year or upwards, sitii- nd the persons entitled to ill be the freeholder^ and 1 for which such Election » shall be entered on the r such next preceding year iropcny heM in their own ives respectively, as pro- )f, to the amount of Five vards, and who at the time e resident in such ward : Bless, Firstly, that it shall property qualifications of or voters shall consist oily of leasehold property, iount at which both shall icicnt as above required; ly, that the occupant of a ther hewed or unhcwcd, iseholder within the mean- shall »)e rated therefor as Collector's Roll as afore- ,,11y, that tlie occupant of a house having a distinrt ublic road or street by an considered a householder, Act, in case he shall in herefor as a householder )11 aB aforesaid : Provided inever both the owner una pro()erty shall lie so ratal real property, the owiiar ilh be deemed rated witliin tion -, and, provided also, Btich real property nhnll be y by more than one person the s-iine shall It^ so nirf ,illy divided lietwccn llicm, lach. then and in every fuch nine shall appear on such L owners or occii|mnia ufj lie deemed a person riifd [ tins section ; but if l'""! n "committed witliin the same" 14 Words, phrases and sent<.n- j^^hf n",!^nMword8*i!c'' COS repealed by this Act. '^\: ^Xtained ' Words, phrases and sentences substituted for thoao by this Act repealed. " For every ward" (to the end 12 Vic. c. Bl, sec. 83. At of the section.) the beginning of the sec- tion. amount nt which such real property shnll be so J'nted simll not be sufficient if so (lividcnl to give a (junlifl- cation to each Of such juiiit owners or ocriipjints, tJien none of sucli uvvners cr occiipantH sturil U- deeineil a pursot^ rated witliin tlie meaning of this section." li Vic. c. PI, sec. 75 ; and." committed within the same, exrept only so far is 13 & 14 Vic, c. 64, Sc he -respect!) cTena!.-" against the Hy-lnwsuf such T9WI1. dule A, No. i:J. At the and penalties for ri-fusiil to ncwpt or be sworn into eudorthe.aec. ;is amended. 'office in such Town, as to which latter utl'ences anil lienalUes, jurisdiction shall b<'loiip to the I'oliceiMa- gistraie nr !VIay()r,of such Town, ns tlie case may bt; and to the Justices of tlie Vcucv fcr such Town,' and not to thosd of tile County within wiiich such T'owu shall be situate ijs afurcsaiil." " For each ward of every such City there shall be two Aldermen and two (Councillors, to be elected a* hereinbefore provided with rewpect to Town Cbun- cillors, which Alflermcn and (Jouncillors shall to- getlier constitute j the Common (."ounril of such ptf^ and which ( 'ity and the Mayor and ('ominon ('oincil thereof shall liaVe and exercise all and singular the same rights, powers, privileges and jurisdictioft in, over and with r(*i)ect to such City and the Iit>erties thertKif, as are hereinbefore given, granted or con- ferred upon,- or .as shall, by virtue of tJiis Actor otherwise, belong to incorporated Towns, in Upix'r Cfuiada, the Mayor, Councillors and Common Coun- cils theri!()f, and nil the rules, rf;giilaiions, provi- sions and enac.iiienis contained in this Act, as ap- plied to such iiixrpornted Towns, the Mayors>and the Councillor:- thereof, and their election, and those; by whom such el(!ction is to be made-, and to the Town Council thereof, either by way of reference to those provided for incorporated Villages or other- wise, shall apply to each of the said (lect(>d, or on iJie Col lector's Roll or Collectors' Rolls for some one or more of the oiflf^r wards of sucji City, for the yenr next preced- ing his election, in the case of a Ireeholder to thts amount of twenty pounds per aniiimi or upwards, and In the caseiof u householder to tlie amount or farty pounds [icr annum or upwards, and who sliall HoTK.— See Note to pnge 'iiU. 262 CORPORATIONS AMENDMENT ACT, 1851. , !• 15 Words, phrasPB nnd sentcn- ces repealed by Uiia Act. |Srclioris, Sec, in wliicli Uio repoalcd words &;c., are contained. "tuU of Buch Proelatnaflon." ISVic. c. ftl, B. S'4. At the end oftlie section. J le in rolls" liott.J Words, phrases find senlcnccs suhs'itutcd for Umm by tliis Act rcpenled. fiitnrr, the CoII««tor't»jl3 Vic, c. HI, sfc. VX. At (lo tUe iuft vf the 8«c- the fiegianiiif^ of the see kiuu. not l>e sc]7-e(} or posseswid to his own use or thatoJT li'i« wi:(; of Rucli reiil property eitlicr in Ire or (rco- lioi(J, or for !i term of one year or upvv^nls, uituaa- witliin Kiich (Miy or the libenies thcTffjf. Awi provid&j nlso, i'Viurihly, — That tlie [Kirsons eiiLi'Jed to vott itt tire (.icciioris of such Alderincii ;;nd .Coinciilcn, shall lie ilie freeholders and housciioldrr.i of Uie wai-d for which such election shall be tield, wiiosc namcj tthiill lie entered en the Collcctor'8 Roll thereof fur euch next preceding year, as r;ited for r;itcr,l)lere;j pro|X3riy, held in their owt) names or that of ther wives rt'BiXJciively, rr proprietors or teniints Lhcm.r to tJie iimcunt of Eight pounds pet annuin cr up- wsrJs, nnd who at the time of such ek-clion shnll (j'; resi lent in audi ward or tlie liljerties attacJied to tii« same." " Itste of such Proclamation. Provided nlwayg, nevertheless, that wlieii and so often lu it shall be de dient. And on, from allcr ttie lirst day of Jr ■/ next nfier the end of three? calendar montlif. om the teaie of such Pro*l;;mation, such re-diviaioi. dh.ill lake efTect to all intents and purposes, as if sue!) twul hoen the cri'iiiial division of such City into v/ardij, or of the [lart thereof so re-divided in nnd by Aaof Parliainent or Proclamation in the first iiiBtancf. And providcvl, also, Secondly,— That in every pucli re-division, it shall end may be lawful, in and b/ such Proclamation, to include within the boundariiM of surh City or the liberties thereof any (wnion it tlic Township or Townships adjacent, which from tlie proiimity of streets or bii'Miims therein, or the probable future cxig^ncieri of such City, it way appear de:iirable, in the opinion rf the Governor in Council, should be attached to such City or the IUks- lies Uiereof." " in future? it shall bo tlie duty of all AsiieworB to state in their Assessment Rolls whether the persons tlierein nanieil are freeholders or hoiiseholilers, or l»oth, by havinK a separate column f r this purpow, and uiMnt! the initial letters F. and fl. to signify the Biitne respectively ; and tha* in future every |ier«i[\ whose duty it shall l)c to prepare tlie (Collector's Tiol' for any Township, Villajje or Ward in Upper (-anada, shall be and he is hereby rixjuired to state u[)on such roll, in (iroper colunms appropriated to such purpos", whether the persons whose namcn ►hall appear ilicrcon arc frix'bolders or llousebolder^ and to designate in like manner the amount for which such |«cr30n is ratcii in respect of real ffo- ptirty, and the amount for whic.i such p<;rson lew Toted for p- " sucli ek-ciion shall ii'; liberties attaciicd to Hiei in. Provided always, id so often iu it stiail e greater convcniencf the citiea incorporated loresnid, that the nrcji liberties tlxreof, (citVicr Township or Towo- iin ilie iroTlmiiy of or tl'.e probable future may appear dcsirabio ity or tho lil.enic^ tliae- of sucli 'I'ownship cr rof, should Ik; rc-dlviflt^it ncy of Kuch .y-JiviBion a majority of the Coru , consiEtitit-t of at lea* Lher«»f, ill tlie month o!' years, it tfh:dl and may of this I'rovince, by ai Proclamation inifierthc ijT such ("ity or such not ■ith iibertii") aitaclu o to him shall poem ' > iie lirst day of Jr j calendar inontht om m, sucli rc-divisioi. tihtill purpi.'W^s. as if such twul such f'ity into v/arda, ividirf in aini hv Artt:;ilcd by lids Aci. "before lie shall enter into tt^e duties of his office, ttike" ys " Capacity of Councillor.' W % Sections < ar.d w.tiU'iicj^i subsiJiuijU for Lhoue by tliiu Act repealed. -I Roll shall be prepared, as well .is tlic amount to lie cx)ll(K:w:d from such peri-ons r(^|;(!;:Lively : rrovided Id way . nevertlielebii, Firstly, — That tho occu;i:.nt of '•d hi.uMi built of lot;«, whethiT hcwe I or uiibewi.'i(, aiial! be considered a householder within tin; mean- ing of this St 'tion ; and provulixt aKi, sooondly, iliat the occupant of any separati- p. rtion of a bouse havintr a ilirect comniuiiicatioii with a Piiblic PjiiTxi or HtiiH;t !)y an outer (ioor, fhall also I'O coiisidered a .householdtr wiUiin the mcanint; of tlie same." I 12 Vic. c. 81, sec 1-29. i" before he shell take Uw oatli of Office, or enter !into tlie duties of sucli Office, take" 12 Vic. c. PI, sec. i;fi. , " Capacity of Town Reeve .Reeve." or Deputy Towt» a detaiJed statement of the] 12 Vic. c. 81, sec. 144. ''an abstmct of the receipts and expenditures and receipt* anu expenditures .-inl,,"whcn no other stsintory prnvi'non cxints for the between the word "that." npiioiiitinent of a Kelurning Dtli.vr to hold any .Mii- at the beginniii'^ of tiOTiidp.il Klection re(|uireii to be h(;id by law, i'. sh.-ill section, and tiie word;! and may be lawful for thi; <';overnor of this Province "wlioseduty" 'to api'oini. a Kcturnini; Officer to ludd .such Klectiou, and if tlie person so appointed or any jxtsoii" c. c. PI, sec. MS, an 1 "cprLirKd under his hand and the seal of the Muni- M Vie. c. tU, t^oht;-i;ip,-il <;(,ri)orati(j;i of wiiiih he is the oliii<;r ; rn «it»»i.t mtcd < y ii„j^ by ti'ln Art rr;!riHtfl(l. niHo, Hcrnndly.- lli'i isrry HtM'rlr.l tifon- 'lonllnn of II llyliiw wllhlii the iim'iimImk of ilii- Miiniclp .| < 'iii|Mir(iliiiii« .\rift, Nh.'ill cMiimml In lln- |iiilili> :i(ji,i| (liroiiHli llic I'lilillr, TrfMH i\t' ii true rupy ni hu'-Ii liy iiiw, iinil llii' MiKM.I'iirr ii(lrnUMH iln tiiilliciiilciiy, -.yui, ;i liMlicr ii|i|ii'iii|i'il llirrcloiirilic lime lliiilli'il liy l,n\v for ii|i|i|lriilli>nH lir the ('oiirlNdi i|iiiinIi tiic i<''iiii) , iiiijHM' 'd (iir iiny iiiir|iiii'.c wliiilwirvcr. Ilirn riltiiT liy hiu'Ii |nililii';itiuii of i rojiy .i( niirh lly-ln v, willi hiicIi nulji-i' .Jnrr'n.'iid, (ir II lli'li llirrrol liv H'i'li |iiilp|ii';illim n| u iki ,rt< HCIIiiu; (nrlli llir iiiiiniini. iil xmh r^ilc, iind ;;UiiiK IIh' niiIj Kliinri' oiilv ol llii' iiilirr (MirlH iil' mirli Ity I'lw, wiUi a Nliiiiliir iKilirr iif llii> tiiiii' Nil llinlli'd li>r loii-h n\i |ilii'iiliiiiiH In <|iinH)i UN ntiiirN.iiil, which piilili Mtlon Hh:ill liir Ihr |iiir|nw nliiri'N.iid lir In nirli imliiic, ncwNpajiiT pnliliNhcii wci'liiy or idli'tirr wilhlii llu' ti'rriliiriiil JiirlHdi<-|ii)ii id niifh IV1iiiil<-lpiil <'iir|Hir,'i lion ; (ir IT Uiiri- lir no Hiirh piilillr ii('WM|ii(|«'r vvilliln Niii'li jii> 'Milirilon, lli.'Mi In ill Irani, two piiMn' nrwHpiip'Tn iiiihllfilii'ij wrrkly (ir i (li'iiiT ni'iiri'Ht lo Niii-li jiirlmllrlicin, rvrry wliii-h pillillriilinn h)iiiII Tnr Ihr piirpow iiHircHiil I lif riinilinind In iil li'iifl ihrrr oiiNi'iMiliviMiiiinlMTN iif Niirh p.ipi'r ; I'rrvldrd iilnii, thirdly,- Ihnl, Ihr niilii'ii lo |.i> apiH-nili'd lo «;vi!iy Niirh ropy I'nr Ihi' fiiirpDw iifi.ri'iiiild Mimll and liiny 11! til till' rUci'l rnllowniK, (hat In in "iiy : " NcriiiiK. -'I hr iiIkivi- im a friif cupy nf a lly-)nv/ pnHiii'd liy till' Miiiiirtpniiiv <■' I •' °l nwnHhip of A, ill llio roiinly III' II, lino III tlH* i i.iltvl Ciiiiritli-it uf H, <■ and I), (or at Ihr rm« mau '!•/!,) on tin' day of , IKi .aiidCioArrr /A« approval of thf (Invrrniir in CimuHl it by liitc rn/uirril to girr fffrri lo »urh lly-lav>i approval liy hi* KxoHlnnry tiir Covrrnor (•I'lirrnl Ip <'niinril, on th« day of , Itt'i , and all pi'Moim arc tiorrliy ri'ipilrcd If) laki' notlMs that U'ly orii' il(;RlroiiH ofap- plyliiH to liavi' HUrh lly-law or any piirl tliiTi-nf (|iiaKhi'il, iniiNl iiiiikr liin ni>;dp'nt)(.n Tor that pnrpuiMi to otHMiC llcr MaJi'Mij'n Hiipi rini' rounh of t'Oiii- nion Law at 'run into, withi.i nr (^uli'iidnr Mnntliit at tlia farilii'fit atli'r tim niH^fial proiniilnatloii thirn'nf liy thr piililii'.nijon nf thiH notirfl in liirpi' ^nnlle^l^ (live niirnhi'm of tlii> following ncwupaiM^rn, vir, : — l(hfrr name the nev$paper$ in uihtrh the ruhlientioit it to ht made) or hr will Iw Igo Inti* to lir licnril In that liclmir. v.. il. Townnhlp Clrric." And tlint thn notice srttlnn forth ;V«inount of glirJi rate, and (jivlnn thi'miliNlanfc only of thi' other part) (if Hiii'h lly-lnw, for tin- piirpoNC afori'Nald, nhnll niul may he to Ihr* clliTt IoIIowiiik. that In to Nay : 'lowiiNliIji A, ill tlint.'ountv of ll,oniM)fihi' I'nJti'i ('oiintlcN or 11, <: Rnd I), in It p|H pur|)oii(> ofrnliin!: and rontrartlnp; for n loan of roiindn, fnr lnakin^ and inai'nilanil7.iii!; a Road from in " or olhenriM, u the rate may be (and whtrr the ajt proval of the. (invernor in ( 'nunril in by law rriiiiirtd to iftve ejfert u> tufh liy-loin,) iipprovi'd hy Ills Ki r«'lli!ury llir tiovoriior (irnrral in Coiinril, on the day of IXi A and nil piTHnnn nri- herehy rpi)uirfd to 'akc i>otiiM», tlial any one druiroii.i of applyiiif; to hare sii';li lly-law or uny part tlieriiii H0T».- >' « yolf til page 'iW. Sr;riF,nULE A, 205 ( Kllhut MltC'iJ • V Ihowi M'rlnl prim- Monllnn of nu III liic Miiiii''l|i I inJNl III III'' |iiilili'':iti(iii Ifiir rciiiy ill Hin'li JIv i|; llN ii'illiiMillclly, '.Villi U' llmr llliiilril \>\ l,i\v 111 c|iiiih1i llic H'tlHl "f ciiKi' III lly-l vvt In- i)i':'il tiir iiiiv iiiiriiiii.f Hiii'li |iiilili''ilioii of ,1 icll lllilli'C .Inrcii.'llll, 111 iilinii III II III! ii'4" Hrlllin: ;', .'iliil ;;ivlii); llii" niiIj n \tf Nin'li lly I'lW, Willi I lliiillr'l I'nr idifli n;i ;ilil, whii'll |iiilili:'iilliiii ,'i)i| 111" III ciirli imiilii'. or iirtniiT williln lln: li Miiiil<'l|wil I'liriKirii iirli piililli' iii'WH|iH|«'r I ill III Ir.'iKl. Iwii imtilii' y (ir < flriiiT iH'iiri'Hl to h piilili' iilion nIiiiII Tnr iiiiiRil 111 111 liNifl ihrrr I |i;i|MT ; Tri'vlili'il iiliui, l,i> niHM'iiiliit III iivrjy nr( or nny i>iirl tlii'rrnf il|.vitii.n for iltiii piiriVwii |M ridi' roiifih of < 6111- ,1 .nr (^iiUMiilnr Montliit 111 pi'oiniilniillon lh^^■nl miw in llirri< ^0Illtc^l^ iiiK tiewnpniHTK, vlr, ;- in loAif A Ihe tuWirnJioii tw Intr U) 111- hcnril in (.. II. Townnlilp nrrk •' "orlli ; V ninDiiiu of «lirh •(• only of the otlH-r pnrti H^iM* afnri'Miiiil, iilmll aiul lU, ilinlidlo Hiiy : y of l»,oiiiM)flhi'IfnJtH lllipcr J'nnmlii; to Wll hill Tt »y-liiw imiluliit iiilicriMl (frive thr n%m Irnifinalrd,) WUH on tlir , IK^ , pnxuril by Uii' I'owiiHliip of A, In till' il ('ouiilli'n of », TowiiHliip of lilt' piir|)ont' of riiiiini: roiinils,' tiir . Uonil from to " V hr (mill whirr iht a^^ imnni m l>v law rrqnirtil I,) npprovcd by llliK-J rnl ill Counril.oii llie ;) nni) nil piTcnnii nf •0. iliiil niiy out" lii'nirtiiiii ■law or uiiy part iIiltcoI' KO. n Word*, plirnwii nml ni'iili'ii- c'i'K rcpi'iiliMl liy lliiit Art, HrrtioiiM A'-., in llii' rt'i I iicil kwi' .•iri' roii'.iiliiiMl. I . W ifllH, pill IKI'K .mil m-iii. i.i'CH iiipl iillitird (or Ui'iw Ipv llii< All i( ,rt':»i<'i|. " Warildn, Mayor Townreevo J8 Vic, c. 81, bcc UW liy rranou" " W.'inli'ti, Mnyor or Town' rccvt; aH olicn" I'i Vlr. r. HI, wr. 1()6. llBlmll 1)0 till! duty of mirh 12 Vlr. >■ ^^. nrr. 177. Miinlrlpnl ('orporallonii r«'«-|/t lln' 1 i;,;in«li)K of ilic peril vfly" {Lu Ika *nd »/ lAc^Hcrlloii. tinrliun.) •pirmhi'il, iiiiiKl iiitki' IiIn tipplifntioii (or thnt piirJMm'< lo OIK' nf llrr M.iJi'h'v'm hliii rrior < onrlii o( • niiilnoii l.iiw III 'l'ororito.|Williiii K" < 'iilitiiliir Ml iilliM, t llic funlirpil, iiliir llM' Hpi'i-iiil piofiiiil>!.illoii llii rror, l.y llir pIlMlr.ilinii (^ tllix lioliii' In lliriT roiiMi'i'lMiVI! tiilMiliirH o| llii' ft.llowllir iirWMp;i| rrx, vi/. (hirr. niimr tlir tini nimpi 1 n ill ii/nrlillir jinlilu iilinn in \i> hr. mnilr ) or Im' v. ill litoo lair lo I r lii'Mril in Hint lii'hiilf. «.. II.' 'l^n^ iinlilp ( 'Il rh. Ami |ir'ivii!f(l alHO, I'oiirllily, Tlial iuiIi'Hh ippli I'.ilioii lo ipiiinli liny uhli liylnw, wlinli mIuiU lie wi npi'i iiilly proiiii|lniil'''l III* .'iloro;!! I, hIimII tiv irtmlr williiii ilii' liiiir HO li' ri'liy liiiilli'il lorlli.ii puriifiHc , Biirli fy-l.ivv, or HO iiiiH II Ilii'ri'Ol iii hIi.iII iioi ^^> iIk* Hiili|i'i'l olniiy Miirli .ippli 'iilioii, iiiiil ulii'li uti.iit riot III- (piiinlicl upon niK'li iippliriilion, no !,ir ;ih llir dhiiii' nIiiiII oril.iiii, prrKirll I' or ilirrrl nny lliiiii^ wilhiif tlir propiT c'oinpi'li'iii'i' of Murli Miiriirip;il ( 'oriHirilion 'o oril.iiii, I ri'«rilii', or ilin'i't, nl;,ill, nouvilh il.inrtinK anv w.inl of Miil-Mlanri' or lorin, 1 iilirr in mi'h lly law ilw'lf, or ill till' tiiiir or iiiiiiiiii r or plm^il.K■tlll; name, \r lo all '...iciilii and piirpowi whalmicvrr di'i'iiii'd to III- and :o liavi! Iicrn a valid lly law for tliv piifjioHi'H iiilrndrd." " Warden, Mayor, Townrrevo or di'|iiji.y 'I'owii- rcl fx> he i.sHiii!d lor the nam he Iherehy made paynbd' within twenty yenrii at • farlhert rex. luiiive of ; • lirm and Innt dayn -d hu'Ii iktioiI) from the time thnt ■iirh Ity law tihall t e ho appointed lo lake ellert and roiiie inlo operniloii ; nor tinier a wpiTial rau; i<«'r nnniiin over and ahove and in nddilion lo all other rates whatHoever hIiiiII te willed in Miirh iiy-lii*' to he levied in earh ye«r for the payinenl of Much (Jell or the loan lo \irrin ,r.irted, with the interenl iherrof nor iiiileuM HU-li "iH-rial rale acrordiiin lo the ainnaint, ofraleaMe properly in Miirh ( 'oiiiily, < 'lly, Town, Townnlilp or V illaije, a.i the raw may he, an ini';!i ninoiinl r.iall have teen aptrririaineij hy the nuM'iw- nieni reiiimii lor niii h t'oiiiily, )iincil shall think fit to per.nit, dirttct or r.ppoint, and !o apply all interwt or dividends ti5 ari.«'e, or he received upon the samci, to the like purpod<' as the amount so ievied by auti» special rate, and no oilier." On the 8topi)ing up or altering of any road un(ii.>r t!ie authority of this Act, where Uie road tliua stopped up or .-Jtered." i-i Vic. c. HI, sec the tiiii'd Proviso. I J Vic. c. til, sec. lOo. "that if iftc head of tiK' (Virpovii- tion shall neglect totippoiiii an Arbitrntcr fur tlie O-orpi ra ion wiCliin such tinioas aforesaid,'' "who, accordipr to tlie Col jlectir'a roll" (lo the end af tlu section.) {?. Vic. c n'coud rroviao. 30 V 31 " Twcnty-oiie years.' "B0con.IJy tUat in ah wu^cu"' *•( r other plncca danijerous 10 uuveileru" orif within three Calendar Blontlm after service of a copy of such l>y-Iaw certified to be a true copy under the hmJ of the Clerk of huch Corporation on tlie person or persons owning such property, «i>ch jKjryon or p?r.sjri>i siiall omit t'> name an arblirator and pve noiijcihereoi" as a foresaid, it shall atid may !,e lawful fur U;o heid of such (,'or|)oraiion to name an ariiitrator on hehrdfof such Corporation, and to i^ive notice tl'.oreaf to tlie pcraon or |x;rsonH owning thesf'.id proiievty, mid such p(;rsu!i or jiersuns stuiu t\-iiliin throe liays auor such notice name an arbitru- tor on his or tlieir lichalf, and upon giicli two aroi- trators Iwinc; so naniel as aforesaid, iliey shall." SI, sec. 19j, in,inj,-|f if ^H,^, |,u,,i of Buch Corporation, or the [icr!5o« jor pcr8i:)nH ownlup such property, pli.ill neglect to jappoint an ariiitrator within such time as iasX) pie- scriUvl for that pur^Kiso as afuretaid." n& 11 Vk". c. ft4, sec, 15. V present at such election, who, acxjording to llia Between the wonN " pnchcoUe -.tor's Roll or Rolls of such 'I'ownship, VlllaL't. .Municipal Uirpciruion, 'po^n or City, for the year nc.vt iireccdiuft that for aud the woMa "or Rolls 'which such election shall bo he:d, shall l;e as?wsed for t!iehi;;hes: amount, shrdi have a second or castinK vote in su'Ji election, and in the ekont of there bcir.y two or mere such nieriibcrs as;iessed for the iiarmj aniou:\t, but that greater tlian that of any of Uic other meml<'rR prcwait at such election, it shall 1 e dwideJ jby lO'., between such equally asseswr-d members jWhich of them shall have tlie necond or c^Kting vote on such cleciion. and such meinl-er siiall have such isccond or casUii^^ vote on such election accordingly." 13 ft 14 Vic, e. B4, k<.^^ secondly.—That in all cases ofan o-.pial division of IC. Heiwecn tlic words votea in tJte c.ectioii or apjKiinunent ol a I'rovisional provided also" and the' Wnrdeii, a second or casting vote sliall belong to suciJ we;J8»'ol au equal divi-|„jemlicr of nu.di Provisional Municipal Council aa siou." would be eniitloi to tlie same were it an eieclion for a Warden. .\nd provided also, tlurdly, That ia all otlier casi's" 31 •' " Or other (ilaccs dnnpcrouB to travc'lerp for regu- jlnting or prcveniin;? ilie Fistiiii!^ wiUi nets or seines, or Uu: erociion of v-zirns for eels or other I'lsh in any jstreain, river, or water course within such ''.'owti- ship. or swell part of any stre'ini. river, or water courEC, 08 may be witliiu such Towuship." IC U Vic, chap. PI, 8cc. :^i>.b-«ec. 15. VoTK.— S*t Not* tv pafft 'iS&. C L A U S E S OK TIIK CORPORATIONS ACTS AMENDED BY TilEFOKEGOING SCLLEDULK, K B S D K a K D 1 .■* F t' L L AS k 11 Mtl l^ CV. 1861 . [The parlt of the foUowinrj Clause* within Bniekets are the Arnendinenlit made to the Clauses of the original Act. V2 Vic, Cap. 81, in accordance ivilh ichicUt/te following Sections are nuvibcrcd.^ Sec. VIII. And bo it enacted. That it shall and may be lawful for the Municipality of each 'township rrorn nine to time by any Hy-law or By-laws to be passed [tor that purpntse, to abolish the said division into Wanis, or] to divide such Town.^iiips into several Wards, or where the same shall have; been previously so dividyd by Act, either of ihe District or County Municipal Council, or of the Municipality of tlio Township, then to divide the same anew into several wards as aforesaid, arranijing or re-arrangin;!T the same, so as more etfectually to accomplish tho objects aforpsait!, every which division by such Miiniciflaliiy shall supersede that so to be made by such District or Counly Municipal Council, as well as every previous division made by such Municipality itself; Provi a« 10 such work. 270 CORPORATIONS AMENDMENT ACT, 1851. them shall have the second or casting vote on such election, and sucb Reeve or Deputy Reeve shall have such second or casting vote accord- ingly.] Sec. XLT. Eleventhly. For the oponin^. constructincr, makirirr, level- ling, pitchinn;, rnising, lowering, gravellitiir, macadamizing, planking, repairinir, planting, improving, preserving and maintaining of any new or existing highway, road, street, side-walk, crossing, alley, lane, bridge or other communication running, lying or being within one or more Townships! or between two or more Townships of snch County, or be- tween such County and any adjoining County or City, or on the bounds of any Town or Incorporated Village lying within the boundaries of such County, as the interests of the iidiabitant.-i of such County al large shall in the opinion of the Municipal Council require to be so opened, constructed. nKule, widened, t'hiiiged, diverted, levnlled, pitched, raised, lowered, gravelly(l,macadamizHd, plankod, repaired, planted, improved, preserved [or maintained at the public expense of such County; and for empowaiing the landholilers residing upon, or where lanils are bounded by any such highway, road, street, side-walk, crossing, alley, lane, bridge or other cominunication, to compound for the statute labour by them respectively pe'furmable for any term not exceeding Five years, at any rate not exceeding Two Shillings and Six Pence for each day's labour, and at any time before ihe labour compounded for ought to be performed, arid by any such regulations to direct to what officer ot such County such composition money shall be paid, and how such money shall be applied and accounted fur, and to regulate the manner and the divi- sions in which such statute labonr shall be performed,] and for entering into, performing and executing any arrangement or agret-ment with Ihe Municipal Corporation of any such adjoining County or Counties, City or Cities, or of any such Town or incorporated Village as aforesaid, for the execution of any snch work at the joint expense and for the joint benefit of the Municipal Corporation of such Counties, Cities, Towns or Villages and the people they represent respectively; and for the stopping up, pulling down, widening, altering, changing or diverting of any such nighway, road, street, bridge or communications within the same; Prc- vided always, nevertheless, that no such new, widened, altered, changed croachniciiu on or diverted highway, road, street, side-walk, crossing, alley, lane, bridge ccftain kiudB of q^ other communication, shall be laiil out so as to run through or encroach upon any dwelling house, barn, stable, or outhouse, or through any orchard, garden, yard or pleasure ground, without the consent in writing of the owner thereof. Ejection in in- Sec. LVII. And be it enacted, That [ it shall be the duty of the corporatc'd villa- Returning Officer for every such incorporated Village to procure a correct copy of the Collector's Roll for such Village, for the year next before that in which the Election shall be hohleri, so far as such Roll contains the names of all male freeholders and householders rated upon such Roll, in respect of rateable real property lying in such Village, with the amount of the assessed value of such real property for which they shall be respectively rated on snch Roll, which copy shall be verified in like manner as the copies of Collectors' Rolls for Town- ship Eleclious, as h-^reinbefore provided; and no person shall be qualified to be elected a Village Councillor at any such Election who shall not be a freeholder or householder of such Villaire. seized or possessed of real property held in his own right or that of his wife as proprietor or tenant thereof, which shall be rated on such Collector's Roll in the case of a freeholder, to the amount of Ten Pounds per annum or upwards, and in Ihe case of a householder to the amount of Twenty Pounds per annum or upwards ; and who shall not be seized or P'JssesseJ to his own use or that of his wife of the real property fo r Proviso nn to en- Rctornlnn Offi- cer to procure cpriifierl copy of Collector'* roll. Clnnlificntion of Village Cjuucil- tors. [851. ection, and sucb ling vote accoid- r, making, level- lizing, planking, ining of any new illey, lane, bridge ihiii one or more :h County, or be- , or on llie bounds lOLindaries of such inty al large shall to be so opened, 1(1, pitched, raised, danted, improved, ncU County ; and where lands are k, crossing, alley, the statute labour )t exceeding Five >ix Pence for each unded for ought to what olficerot such V such money shall nner and the divi- 1,] and for entering [rjret'ment with the or Counties, City or IS aforesaid, for the for the joint benefit L Towns or Villages )r the stopping up, erting of any such lin the same ; Pre- d, altered, changed .alley, lane, bridge rough or encroach , or through any consent in writing le the dnty of the lage to procure a [for the year next I so far as such Roll louseholders rated Irty lying in such :h real properly for 1 which copy shall Is' Rolls for Town- person shall be Inch Election who IVillaL'e, seized or Ithat of his wife as In such Collector's Ten Pounds per to the amount of ill not be seized or real property fo CLAUSES OF 12 VIC, CAP. 81, AS AMENDED, 1851. which he shall be so assessed, either in fee or freehold, or for a term of one year and upwards, situate within such Village. And the persons entitled to vote at such Election shall bo the freeholders and house- holders of 8uch Village, whose names shall be entered on the said Koll as rated for rateable rc.il property lielcl in tlieir own names, or that of their wives respectively, as proprietors or tenants thereof, to the amount of Three Pounds per annum or upwards, and who, al the time of such Election, shall bo resident in such Village; Provided always, never- theless, Firstly, That it shall not be necessary that the property qualification of such Village (.'ouncillors or voters shall consist wholly of freehold or wholly of leasehold property, provided the aggregate amount at which both shall be assessed shall be snflicienl as above required ; and provided also, Secondly, that the occupant of a house built of logs, whether hewed or unheweil, shall be considered a ho'iso- b'dder within the meaning of this Act, in case he .shall be rated therefor as a householder upon such Collector's Holl as aforesaid : Proviiled also, Tiiirdly, that the occupant of any separate portioti of a house having a distinct communication with a public road or sireet by an outer door, shall also be considered a householder, within the meaning of this Act, in case he shall in like manner be rated therefor as a householder upon such Collector's Roll as aforesaid : Provided also. Fourthly, that when- ever both the owner and occupant of any such real property shall be so rated in respect of sucVi rateable real property, the owner and the occupant sliall both be deemed rated within the meaning of this section ; and provided also, Fifthly, that where any such real property shall be owned or occupietl, jointly by more than one person, and the amount at which the same shall be so rated shall be sufficient, if equally divided between them, to give a qualification to each, then and in every such case every male whose n-ime shall appear on such roll as one of the joint owners or occupants of such real properly shall be deemed a person rated within the meaning of this section ; but if the amonnt at which such real properly shall be so rated shall not be sufficient if so divided to give a qualification to each of such joint owners or occupants, then none of such owners or occupants shall be deemed a person rated within tlie meaning of this section.] Sec. LXV. And be it enacted, That [it shall be the dnty of the Returning Officer for each Ward of every such Incorpoialed Town to procure a correct copy of the Collector's Roll for such ward for the year next before that in which the Election shall be holden, so far as such Roll contains the names of all male freeholders and householders rated upon such roll in respect of real property lying in such ward, with the amount of the assessed value of such real property for which they shall be respectively rated on such Roll, which copy shall be verified in like manner as the copies of Collector's Rolls for Township Elections as hereinbefore provided ; and no person shall be qualified to be elected a Town Councillor at any such Election who shall not be a freeholder or householder of such Town seized or possessed of real property held in his own right or ihil of his wife, as proprietor or tenant thereof, which shall be rated uu such Collectors' Roll or on the Collector's Roll or Col- lectors Rolls for some one or more of the other Ward.i ol such Town, for such next preceding year in the case of a Ireeliolder, to the amount of Twenty pounds per annum or upwards, and in the case of a householder to the amount of Forty pounds per annum or upwards, and who sliall not be seized or possessed lo his own use or that cf his wife of the real pro- perty for which ho shall be so rated, either in tee or freehold, or for a term of one yearor upwards, siluato within such Town ; and the persons entitled lo vote at such Election shall be the freeholders and household- ers of the Ward for which such Election shall be held, whose names 271 Qnnlifiration of voters iri iiicor- |iornicJ villa^jcti. I'roviso n« lo Occupant of flOU^C. When owiirr anil occupuiit roied. Joint owner»^ Election iu Towut. Rctiirnins Offi- cer to procure cprtificd copy of t'ollector'a roIL tiiialiDcnlion of 'I'owu Council- lor. Qii.iiificntlon of Town Voter- IMAGE EVALUATION TEST TARGET (MT-3) k A <.^.**!^ A ^ ^ ^ 1.0 11.25 |5o "^^ H^H ■u 140 1.4 |22 m 1.6 o> % '/ Photographic _Sdences Corporation 33 WRST MAIN STRUT WIBSTH.N.Y. 14SS0 (716) •73-4S03 V iV <^ ■^ <> \ ^-*^ ;\ ^A Provito M to property. Orcapnni of houiie. Whfn owner and oec.iit Ant a*- Heavied. Joint ownera. 272 CORPORATIONS AMENDMENT ACT, 1861. shall be entered on the Collector's Roll thereof for such next precedinT year ae rated for rateable real properly held in their own names or that of their wives respectively, as proprietors, or tenants thereof, to the amount of Five pounds per annum or upwards, and who at the time of such Eieclion shall be resident in such ward : Provided always, never- th-iless. Firstly, that it shall not be necessary that Ihe property qualifica- tions of snch Town Councillord or voters phall consist wholly of freehold or wholly of leasehold property, provided ihe aijgregate amount at which both shall be assessed shall be sufficietit as above required ; and provi- ded also, Secondly, that the occupant of a house built of logs, whether hewed or unhewed, shall be considered a householder within the meaning of this Act, in case he shall be rated therefor asa householder upon such Collector's Roll as aforesaid ; Provided also, Thirdly, ihal the occupant of any separate portion of a house having a distinct communi- cation with a public road or street by an outer door, shall also be considered a householder, within the meaning of this Act, in case he shall in like manner be rated therefor as a householder upon such I Collector's Roll as aforesaid: Provided also, Fourthly, that whenever! both the owner and occupant uf any such real property shall be so rated in respect of such rateable real property, the owner and the occupant j shall both be deemed rated witnin the meaning of this section; and. provided also, Fifthly, that where any such real property shall be owned | or occupied jointly by more than one person and the amount at which j the same shall be so rated shall be sufficient, if equally divided between I them, to give a qualification to each, then and in every such case every male whose name shall appear on such Roll as one of the joint owners or occupants of such real property shall be deemed a person rated within the meaning of this section ; but if the amount at which such real pro- perty shall be so rated shall not be sufficient if so divided to give a I qualification to each of such joint owners or occupants, then none of] such owners or occupants shall be deemed a person rated within thef meaning of this section.] Sec LXXV. And be it enacted, That nothing in this Act contained shall be construed to limit the power of Ihe Governor of this Province to I appoint under the Great Seal thereof, an^ number of Justices of the Peace for any such Town : Provided always, nevertheless, that no such appointment shall be held to limit, determine or otherwise interfere with I the jurisdiction, powers, duties or liabilities of the Justices of Ihe Peace] for the County within which such Town shall be situate in respect of | Bucl. Town, or in, over, or with respect to offences [committed wiihinl the same, except only so far as respects offences against the By-laws of] such Town, and penalties for refusal to accept or be sworn into office inj such Town, as to which latter ofiiences and penalties, jurisdiction shall belong to the Police Magistrate or Mayor of such Town, as the easel may be and to the Justices of the Peace for such Town, and not to thosej of the County within which such Town shall be situate as aforesaid.] Sec. LXXXI. Fourthly. For regulating and licensing the owners ol Livery Stables, Horses, Cabs, Hackney-coaches, Omnibusses, Carts andl other Carriages used for hire in such Town, [And for establishing asl well the amount to be paid into the Corporation Treasury for such license,! as the rates,] of pay or hire, and to compel in a summary manner thej prompt payment of the lawful fare or hire to the owner or driver of suohj Horfcf, Cab, Hackney Coach, Omnibus, Carts and other Carriages byj the parties hiring or using the same, and for preventing runner-*, stagej drivers and others in the streets or public places from soliciting audi teasing passengers and others to travel in any boat, vessel, stage or| vehicle. City Eiectioni. Sxc. LXXXIH. And be it enacted, That [For each ward of eyeryj Power of Oover- tiomsto.'ippoini- ineniof J. P. not alTectcd. I.iverj Stable licenics, k.c. Pu'olic cove >• •aces. n. jxt precedin«r names or ihat lereof, lo the at the time of Iways, riever- erty qiialifica- lly of freehold lount at which d ; and provi- logs, whether it within the a householder lirdly, that the inct communi- shall also be ; ct, in case he ler upon such I that whenever! lall be 80 rated I , the occupant ' section ; and. , ihali be owned | tiount at which ivided between I uch case every 16 joint owners ion rated within | L such real pro- ided to give a I 8, then none of I ted within the[ Act contained his Province to Justices of the IS, that no such e interfere with] 98 of the Peace > in respect of I mitted wilhinl the By-laws of I -n into office in] sdicticn shall as the easel ^d not to those! 18 aforesaid.] the owners of Bses, Carts andi establishing a»| ir such license,! ry manner the driver of suohl Carriages byj runner*, stage! soliciting and] issel, stage orj ward of eYeryl CLAUSES OF 12 VIC, CAP. 81, AS AMENDED, 1851. 273 1 Towers of the Curporaiion. auch City there skall be two Aldermen and two Coiincil!ors, to be elected Two Aidprmon OS hereinbefore provided with respect to Town Coniicilliis, which Alder- ^"(oj^^ Couq- men and Councillors shall tojrelher coiiiJtitute llie Coiruriori Coimcil of such City, and which City and the Mayor anil Common Council thereof fhall have and exercise alt and singular tiie same ri^p'hts, powers, privileges and jurisdiction in, over ami with respect to jsucli (lity ami ihe liberties thereof, as are hereinbefore given, granted or conleried upon, or as shall, by virtue of this Act or otherwise, belong to incorpo- rated Towns, in Upper Canada, the Mayor, Councillors and Common Councils thereof, and all the rules, regulations, provisions and enact- ments contained in this Act, as applied to such incorporated Towns, the Mayors and the Councillors thereof, and their election, and those by whom such election is to be made, and to the Town Council thereof, either by way of reference lo those provided for incorporated Villages or otherwise, shall apply to each of the said Cities and the Mayor, Aldermen and Councillors thereof and their election, and to the Common Council thereof; Provided always, nevertheless. Firstly, — That the EiectionofMayor. Mayor of every such City shall be elected by the AMermen and Coun- cillors of such City from among the Aldermen thereof; And provided also. Secondly,— That no person shall be qualified to be elected an Quaiiflcation of Alderman for any ward of such City, who shall not be a freeholder or Alderman, householder of such City seized or possessed of real property held in his own right or that of his wife as proprietor or tenant thereof, which shall be rated on the Collector's Roll of the ward for which he shall be elected, or on the Collector's Roll or Collector's Rolls for some one or more of the other wards of such City for the year next preceding his election, in the case of a freeholder to the amount of forty pounds per annum or upwards, ''.mi in the case of a householder to the amount of eighty pounds per annUiti or upwards, and who shall pot be seized or possessed to his own use or that of his wife of such real property either ill fee or freehold, or for a term of one year or upwards, situate within such City or the liberties thereof. And provided also, Thirdly, — That Qimiification of no person shall be qualified to be elected a Councillor for any ward" of Councillor, such City, who shall not be a freeholder or householder of such City seized or posses.sed of real property held in his own right or that of his wife as proprietor or tenant thereof which shall be rated on the Collec- I tor's Roll ot the ward for which he shall be elected, or on the Collector's Roll or Collector's Rolls, for some one or more of tlm ether wards of fuch City, for the year next preceding his election, in the case of a freeholder to the amount of twenty pounds per annum or upwards, and in the case of a householder to the amount of forty pounds per annum or upwards, and who shall not be seized or possessed to his own use or that of his wife of such real property either in fee or freehold, or for a term of one year or upwards, sitlialo within such City or the liberties thereof. And provided also, Fourthly, — That the persons entitled lo vote at the elections Qunitncatlon ot of such Aldermen and Councillors, shall be the freeliolilers and house- Voters, holders of Ihe ward for which such election sh:ill bo held, whose nanio shall be entered on the Collector's Roll thereof for such next preceding yeai, as rated for rateable real propeily, held in their own names or that of their wives re<*peclivoly, or proprietors or tenaiit-t thereof lo the amount of Kighl pounds per anmirn or upwards, and \Jio at the time of I such election shall be resident in such ward or the libeities uttachud t,Q lie same.] Skc. LXXXIV. And be it enacted, That whenever any of '' I Towns incorporated, or to bo incorporated as nfon said, slip' *^ by the census returns to contain more than fifteen Ihousat .il ha 9!ti"d' found itrhabilantf Ihen, on peiiiion from the Town Council of such Town. , i ,, be lawful for the Governor of this Province, by an C < " V'"^' an^.^ay * ' 'fder i» Council, to Pro vision with r<'s|K'iM to the rrrriion of hicor- iioraicrl 'I'ownii Into CI icB, on ccr- Ula ccodiUons. 274 ■Krw i?i>i/sicni into Warrto. FV«t dcciion, an • Chy. Pro<-l*o for ro- diwjsion or .-iltcr- ing bounJ.'irlus. AjMCaairiont Rolls wbal to coniiiin. CMedcra Rolls, r CORPORATIONS AMENDMENT ACT, 1851. issue a Proclamation under the Great Seal of the Province, erecting such Town into a City, -setting forth the boundaries of such City and u( the liberties thereof respeclively, with the portions of the liberties to be attached to each of such Wards respectively, and including within such boundaries any portion of tlie Township or Townships adjacent, which from the proximity of streets or buildings therein, or the probable future exigencies of such City, it may appear desirable in the opinion of the Governor in Council should be attached to such City or the libefties thereof; and to make new divisions of such City into VVards, in Jika manner as is provided in the case of the said Towns ; and the first elec- tion in such place as a City shall take pl.ice on the first Monday of the month of January next, after the em\ of three calendar months from liie [ teste of Kuch Prochmialion. Provided always, nevertheless, that when and so often as it shall be deemed desirable for the greater con- venience of the citizens of any of the cities incorporated or lo be incor- porated as aforesaid, that the area forming such City and the liberties tiiereof, (either with any portion of the Township or Townships adjacent, which frcin the proximity of streets or buildings therein or the probable future exigencies of such City, it may appear ile.sirable should be attached to such City or the liberties thereof, or without, such portion of such Township or Townships) or any part thereof, should be re-divided into wards and the expediency of such re-division shall have been affirmed by a majority of the Commofi Council of such City, consisting of at least two-thirds of the members thereof, in the month of February, in two successive years, it shall and may be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation under the Creat Seal thereof, re-dividing such City or such part of such City into Wards, with liberties attached to such Wards respectively, as to him shall seem expedient. And on, from after the first day of January next after the end of three calendar months from the teste of such Proclama- tion, such re-division shall take effect to all intents and purposes, as if such had been the original division of such City into Wards, or of the part thereof so re-divided in and by Act of Parliament or Proclamation i.. .1.^ .irst instance. And provided, also, Secondly, — That in every such re-division, it shall and may be lawful, in and by such Proclama- tion, to include whhin the boundaries of such City or the liberties thereof any portion of the Township or Townships adjacent, which from the proximity of streeA or buildings therein, or the probable future exigencies of such City, it m.iy appear desirable, in the opinion of the Governor iu Council, should be attached to such City or the liberties thereof.] Skc. CXX. And bo it enacted, That [ in future it shall be the duty of all Assessors to state in their Assessment Rolls whether the persons therei'i named ara freeholders or householders, or both, by having a separate column for this purpose, and using the initial letters F. and H. to signify the same respectively ; and that in future every person whose duty it shall be to prepare the Collector's Roll for afiy Township, Village or Ward in Upper Canada, shall be and he is hereby required to slate upon such Roll, in proper columns appropriated to such pur|)ose, whether the persons vvhose names Riiall appear thereon are freeholders or housf- holders, and to >'e&ignate in like manner the amount for which such person is rated in respect of real property, and the amount for which such person is so rated for personal property, as the same sliall appear upon the assessment roll from which such Collector's Roll sh.ill be prepared, as well as the amount to be collected from such persons respectively: Provided always, nevertheless, Firstly, — Th Tit the occii-J pant of a house buih. of logs, whether iiewed or utihewed, shall ho" considered a householder within the meaning of this Section; aiulj provided also, Secondly,— that tho occupant of any separate p;!rtioa olaj \ CLAUSES OF 12 VIC, CAP. 81, AS AMENDED, 1851. house having a direct communication with a Ptiblic Roac] or Street by an uater door, shall also be considered a householder within the meaning of the same. J Skc. CXXIX. And be it enacted, That everj' person who shall be elected or appoinieil under this Act, to any ollice which requires a qualification of property in the incumbent, shall, [before he shall take the oath of Office, or enter into the duties of such Office, take] and subscribe an oath or affirmation to the effect following, that is to say : ** I, A. B., do swear (or affirm, where the party is entitled to ojfirm '^instead of swear) that I am a natural born (or naturalized) subject of " Her Majesty ; that I am truly and bona fide sei.'?ed to my own use and "benefit, of such an estate (spccifyinf^ thn nature of such estate, and if " land, designating the same by its local descriplion, rents, cr otherwise) as "' doth qualify me to act in the offit-e of (naming theoffi.cc) for (naming the. *' place for which such pei'son is elected or appointed) according to the true " intent and meaning of a certain Act of the Parliament of this Province, '' passed in the year of the reign of Her " Majesty Queen Victoria, chaptered (inserting the chapter of thi.t Act) "and intituled, An Act, &c. (inserting the title of this Act). So help me "God." Sec. CXXXir. And be it enacted, That noJudgoof any Court of civil jurisdiction, no Naval or Military Ofiicer on full pay, and no person receiving any allowance from the Township, Coimty, Village, Town or City, (except in the [capacity of Town Reeve or Deputy Town Reeve,] or in capacities incident thereto,) and no person having by himself or partner any intercut o, share in any contract with or on behalf of tho Township, County, Village, Town or City, in which he shall reside, shall be qualified to be, or be elected Alderman or Councillor for the same, or lor any Ward therein. Sec. CXLIV. And be it enacted, That it shall be the duty of such Au- ditors to examine, settle and allow or report upon all accounts which may be chargeable upon or may concern such Corpo^ration, and which may relate lo any matter or thing under the control of, or within the jurisdic- tion of such Corporation for the year ending on the thirty-first day of December preceding their appointment as i>uch Auditors; and to publish [an abstract of the receipts and expenditures and liabilities of such Corporation in some public newspaper published within the jurisdiction of such Corporation, or in any other manner that such Corporation may by By-law direct,] and to file their^report thereon in duplicate in the Office of the Clerk of such Municipal Corporalioi), whicn they shall do in at least one month after their appointment, and from thenceforth one of such duplicate reports shall at all seasonable hours be open to the inspection of any inhabitant of such Township, County, Village, Town or City, with power lo take by himself, or his clerk or agent, but at his own expense, a copy or copies or an extract or extracts from the same at his pleasure. Sec CLIV. And be it enacted, That [when no other sl;itnfory pro- vision exists for the appointmiMil of a R"turniiig Ollicer lo hold any Mnuic'inal Election required lo he held by law, it siiall and may be lawful for the Governor of ihis Province to appoi.it a Returiiiiiii; Ollicer [toliolil such Election, and if the person so i'-iipoiiilod or any person,] whose duty it shiill be, aocording to the provisions of this Act. or by virtue of any appointment made under it, lo hold any election tinder tho authority of the samo, shall be absent at the time appoiiiled for any such election, or if there shall be no such person, or such porson bo dead, it shall be lawful for the persons then ami there asseniblcu and flntillfd to vr.ty at such election, to appoint from anionsst lIuMVisf^lves a Reluming Officer, who shall forthwith proceed to hold such election in 275 An Oatli of qunlification to lie Uikvn by certain Oflicera. The oath. rfrtain persong digquollfled from being elected Aldermen or CDunciUorj. Auditora to examine all ocoountfl againit or concerning Corporation. To publish « ■tatemcni of expenditures and liabilities of Corporation. And file a dupli- cate report there- on with the Clerk oftlieCorpora- Uon. Provision when tlii>rp is no proix-r OfliciT to hold nu clccliou. V II 276 FiOTiflO. Pnrtles fntercred muy require of Town-i-'Icrks, ice, copies of By-LawB, on paying a renBon- able lee tberefur. Suportor Courts uiay be movul to qunah any By- law. Proeecdingi tberooa. Provliion as to aaions for things done under By- laws. Amends may be teodcred. CORPORATIONS AMENDMENT ACT, 1851. lien of such olher first mentioned person : Provided always, neverthe- less, that the appointment of such substituted Returning Ofiioer shall not be made until at 'east one hour afiti the hour appointed by lawful authority for commencing the proceedings at such election. Sec. CLV. And be it enacted, That it shall be lawful and competent to anil for any resident of any Township, Villape, Town, City or County in Upper Canada aforesaid, in which any By-laws shiJl be passed, or for any other person having an interest in the provisions of such By-law to apply by himself, or by his Attorney, for a certified copy of such By- law, and the Township, Town, Village, County or City Clerk shall, Upon such application and upon payment to him of his fee therefor, within a reasonable time, furnish a copy of such By-law, [ceitified under his hand an^l the seal of the Municipal Corporation of which he is the officer ; and either of Her Majesty's Superior Courts of Common Law at Toronto may be moved, upon production of such copy and upon affidavit that the same is the copy received from such Township, Town, Village, Cpontyor City Clerk, to quash such By-law or any part thereof : and if it shall appear to such Court that such By-law is in the whole or in part illegal, it shall and may be lawful, upon proof of service of a rule upon such Corporation, to show cause within not less than eight days after such service, why such By-law should not be quashed in the whole or in pait to order such By-law to be quashed in the whole or in part as to such Court shall appear agreeable to Law ; and if it shall appear to such Court that such By-law is legal in the whole or in the part com- plained of, to .iward costs in favour of such Corporation, or otherwise against such Corporation ; and that no action shall be sustained for or by reason of anything required to be done under any such By-law, unless such By-law or the part thereof under which the same shall be done shall be quashed in maimer aforesaid one calendar month at least previ- ous to the bringing such action ; and if such Corporation, or any person sued for acting under such By-law shall cause amends to be tendered to the Plaint ifT or his Attorney, and upon such tender being pleaded, no more than the amends tendered shall be recovered, it shall and rnay be lawful for such Court to award no costs in favour of the Phiintiff, and to award costa in favour of the Defendant, and to adjudge that the same shall be deducted out of the amount of the verdict, and that any amount by which such costs may exceed such verdict shall be recovered against the said Plaintiff by execution or otherwise, according to the course of such Court; Provided always, nevertheless, firstly, that no such appli- cation to quash any such By-law which shall have been ipecially promulgated as hereinafter mentioned, and whereby any rate shall be imposed by any such Municipal Corporation, shall be entertained by any such (/Ourt, unless such application shall have been made within six calendar months next after such special promulffalion of such By- law ; and provided also, secondly, — that every special promulgation of a By-la v within the meaninu: of the Municipal Corporali(ms Acts, shall consist in ihe publication throuirh the Public Press of a true copy of such By-law, urA iho signature altrstiiig its ai- iniiicily, with a notice appentled there'o of the time limited by Law for applications to the Courts to quash the same or any part thereof; or in the case of By-laws by which any iMte shall be imposed ftir any purpose whatsoever, then either by such publication of a copy of such By-law, v/ith such 'lotice aforesaid, or in Ikmi thereof by .eunh publication of a notice selliii;i forth the amount of such rate, and giving tlie substunoe only of the othc^r parts of such By-law, with a similar notiire of the lime so limited for snch applications to quash as aforesnid, which publication shall for the pur- pose aforesaid be in each public newspaper published weekly or ofleiier witliin the territorial jurisdiction of such Municipal Corporation ; or if CLAUSES OF 12 V:C., CAP. 81, AS AMENDED, 1851. there be no such public newspaper within such jurisdiclion, then in at least two public newspapers publi^he(l weekly or oftetier nearest to such jurisilictiou, every which publication shall for the purpose aforesaid be continuotl in at least three consecutive numbers of jiuch paper : Provided also, thirlly,— that the notice to be appended to every juch copy for tho purpose aforesaiil shall and may be to the eflect following, that is to say : " NoTicK. — The above is a true copy of a I3y-law passed by the Municipality of the Township of A, in the County o" B, one of tho United Counties of B, C and D, {or ax the case may he,) on the day of , 185 , and (where the approval of the Governor in Council is by law required to give effect to such By-la7v) approved by His Excellency the Governor General in Council, on the day of , 185 , and all persons are hereby required to take notice, that any one desirous of applying to have such By-law or any part thereof quashed, must make his application for that purpose to one of Her Majesty's Superior Courts of Cojnmon Law at Toronto, within six Calendar Months tit the farthest after the special promulgation thereof by the publication of this notice in three consecutive numbers of the following newspapers, viz : — (here name the newspapers in which the publication is to be made) or he will be too late to be heard in that behalf. G. PL Township Clerk." And that the notice setting forth the amount of such rate, and giving tho substance only of the <.lher parts of such By-law, for the purpose aforo- said, shall and may be to the efiect following, that is to say : Township A, in the County of B, one of the United Counties of B, and D, in Upper Canada ; to wit : Notice is hereby given, that a By-law intituled (set out in th". title,) and numbered (give the number by which the By-law is designated,) was on the day of , 185 , passed by the Municipal Cor- poration of tho Township of A, in the County of B, one of the United Counties of B, C and D, in Upper Canada, for the purpose of [here set out in substance the object of the Bylaw, as "for the purpose of raising the necessary funds to meet the general public expenses of 'he Town- ship of for the year 185 ," or '* for the purpose of raising and contracting for a loan of Pounds, for making and macadamizing a Road from to " or otherwise, as the case may be (and where the approval of the Governor in Council is by law required to give effect to iuch By-taw,) approved by His Excellency the Governor General in Council, on the day of 185 ;] and all persons are herebv required to take notice, that any one desirous of applying to have such By-law or any part thereof quashed, must make his application for that purpose to one of Her Majesty's Superior Courts of Common Law at Toronto, within six Calendar Months, at the farthest, after the special promulgation thereof, by the publication of this notice in three consecu- tive numbers of the following newspapers, viz : (here name the newspapers iniohich the publication is to be made) or he will be too late to be heard in that behalf. p. H. Township Clerk. And provided also, Fourthly, That unless application to quash any nuch By-law, which shall be so specially promulgated as aforesaid, shall be made within the time so hereby limited for that purpose ; such By- law, n- so much thereof as shall not be the subject of any such applica- tion, and wliich shall not be quashed upon such application, so far as the same shi^ll ordain, prescribe or direct any thing within the proper competence of such Municipal Corporation to ordain, prescribe, or direct, shall, notwithstanding nny want of substance or form, either in such By-law itself, or in the lime or manner of passing the same, be to all 277 i^ 278 r: VacanclM in oiriceg of Warden, Mayor, Sec., how to be filled up. A Biifficient sum to be levied l)y assessment for payment of all eucti debts, and interest. By-laws creating or authorizitig any debt not to l)e valid unless suffi- cient provision lie therein made for levying moneys for the imyment of such debt wiiJi- in twenty years. Ksicfi Hy-law not repcaiuble, &c. Proviso : how any temiwrary tiurplus of such moneys may be iuvcsU.'d. CORPORATIONS AMENDMENT ACT, 1861. intents and puiposes whatsoever deemed to be and to have been a valid By-law for the purposes intended." CLXVI. And be it enacted, That if there shall be any vacancy or vacancies in the offices of [Warden, Mayor, Townreeve or Deputy Townreeve by reason] of the death or removal of residencw of any such officer, the re.spective Municipal Corporations in which such vacancy shall occur, shall and may respectively cloose, from amoncfst vheir own number, a qiialitied porson to be a [Warden, Mayor, Townreeve, or Deputy Townreeve, ^as often,] as the case may occur. Sec. CLXXVII. And be it enact(?d, That [subject to the provisions hereinafter contained, it shall be the duty of such Municipal Coipora- tione, respectively, to cause to he assessed and levied upon the whole rateable property in their several Counties, Cities, Towns, Townships and Villages respectively, a sutlicient sum of money in each year to pay all debts incurred or which shall be incurred, with the interest thereof, which shall fall due or become payable within such year, an'l no By-law hereafter to be pas.sed for creating any such debt, or for contracting any loan, shall be valid or efTectual to bind any such Municipal Corporation, unless such By-law shall contain a clause appointing some day within the financial year in which such By-law shall be passed, for the same to take effect and come into operation ; nor unless the whole of such debt or loan shall by such By-law, and by the oillf*, bonds, debentures, or other obligations thereby authorized to be issued for the same, be thereby made payable within twenty years at the farthest (exclu- ive of the first and last days of such period) fiom the time that such By-law shall be so appointed to take etfect and come into operation ; nor unless a special rale per annum over and above and in addition to all other rates whatsoever shall be settled in such By-law to be levied in each year for the payment of such debt or the loan to be contracted, with the interest thereof, nor unless such special rate accordinq; to the amount of rateable property in such County, City, Town, Township or Village, as the case may be, as sncl amount fhall have been asoertained by the assessment returns for such County, City, Town, Township or Village, for the finan- cial year next pi3ceding that in which such By-law shall have been passed, shall be sufficient to satisfy and discharge such debt or loan, with the interest thereof, within twenty years at the farthest from the time that such By-law shall be &u appointed to take efi'ect at.d come into operation and on the days and times and in the manner stipulated by such By-law, and by the bills, bonds, debentures, or other obligations directed to be issued for the amount of such debt or loan, under the authority thereof; and it shall not be competent to any such Municipal Corporation to repeal such By-law, or to discontinue such rate ur til the debt so created or the loan so contracted, and the interct thereof, shall ba fully paid, satisfied and didcharged ; nor to apply the proceeds, of any such special rate*, or any part of such proceeds, to any other purpose than the payment, satisfaction, and discharge of such debt or loan, and the interest thereof, until such debt or loan, with the interest then of, shall have been fully paid, satisfied and discharged; Provided always, nevertheles.-^, that in the event of there being any part of such special rate on hand, and which cannot be immediately applied towards the payment.^ satisfaction or discharge of such debt or loan, or the interest thereof, by reason of no part thereof being then .lue and payable, it shall bo the duty of such Municipal Corporation, and they are hereby required to invest such money in the Government securities of this Province, or in such other securities as the Governor of this Province in Council shall think fit to permit, direct or appoint, and to apply all interest or dividends to arise, or be received upon the same, to the lijce purpose as the amount sO levied by such special rate, and no other.] )wnreeve, or CLAUSES OF 12 VIC, CAP. 81, AS AMENDED, 1851. Sec. CLXXXVfll. Ami be it enacted, That fon the stopping up or allenng of any Road under the autiioiity of this Act, where the Road thus stopped up or altered,] shall not have been an original allowance for Road, or where the same shall lie within any Incorporated Village, Town or City or the liberties thereof, the site of such old Road shall and may be sold and conveyed by the Municip;al Corporation under whose authority the alteration was made, to ihe party or parties next adjoining to whose land or lands the same shall hove run, or in case of his, her or their refu.sal to become the purchaser or purchasers thereof at such price or prices respectively as such Municipal Corporation shall think reason- able, then, lo any other person or persons whomsoever ; provided always, nevertheless, that it shall not be lawful for any such Municipal Corpo- ration to sell and convey any such old Road or any par! thereof to any oth.^r than the person or persons first mentioned at any g ven price until such first mentioned person or persons shall have refused to become the purchaser or purchasers thereof at such price: And in case the person or persons now in possession of any Concession Road oi- Side Line may have laid out Streets in a!iy City, Town or Village without any compen- Mtion therefor, he shall be entitled to retain the land within such City, Town or Village originally set apart for such Concession Road or Side Line in lieu of the Street set apart by him in place of the said Conces- sion Road or Side Line. Sec. CXCr. And be it enact'^d. That it shall and may be lawful for any of the Municipal Corporations, created or lo be created under the authority of this Act, to authorize by By-law any person or persons who may be willing to contract with tlietn, for that purpose, to plank, gravel or macadamize any road or to build any bridge, which, under the ])ro- visions of this Act, any such Municipal Corporation v/ould themselves have a legal right to plank, gravel, macadamize or build, and to grant to such person or persons in consideration or part consideration of the execution of siicii work, the tolls to be levied on the same after it shall have been completed ; Provided always, firstly, that the rate of lolls lo be taken upon such work, shall in ail cases be fixed by JJy-law of such Municipal Corporation, and not be in tlie discretion of such person or persons so contract jng as aforesaid ; And provided also, secondly, that no such tolls shall be leviable until such Municipal Counf.il shall by a subsequent By-law have declared that the work contracted for has been completed, and that the lolls may be collected thereon accordingly ; And provided also, thirdly, that the grant of such tolls shall in no case be for a longer period than [twenty-one years] from the time of the pass- ing of such last mentionnd By-law by which the levying of such tolls shall becomu lawful ; And provided also, fourthly, 'hat if shall be the duty of such person or persons during the period that his or their riglit to levy loll.^ under such By-law shall continue, to keep or maiutaiij such road or bridge in good and proper repair; And provided also, fifthly, that none of the powers and privileges conferred by an Act passed in this present Session of Parliament, intituled. An Act tn authorize the formation of Joint Stock Companies for ihr. construction of lloa^s and other IVorks in Upper Cannda, shall extend to confer upon any Company formed or pre- tended It) be formed under the authority of that Act, any power or interferenca with any authority confer'-ed by any such By-law upon any person or persons under the authcrily of this section. Sec. CXCV. And be it enacted, That upon the passinsr of any By- law, by any Mi^nicipal Corporation erected or to be erected under the authority of this Act for Ihe purpose of authorizing the opening any road, street or other nub'ic thoroughfare, or of chr.ngitig, widening or diverting any road, atreei or public thoroughfare so as to cause the same or any part thereof to r^o through or be placed !ipon or injuriously to affect the 27d Whon liny oiher road Id nltpn■ 'orporntioo (u llin pnny nttt whose Iniul it runs, 4tc. Proviso : rbo shnll hnve ttie first otfei. An to paitioi hnvine given In lid fur roada without coiapea- saUon. CorpoTBUoD may authorize pcniou» to plniik, &C.. Roads, or buikJ nri:C8lliOQ. Roads to pfi«!» over, &c., privMK property, arhhw- tcra to be «(>- l>ointed. 1 I" 280 il ArbKratora to fix the conipcnialion It any. Proviso ! Awards ■ubject to Couit Ota. B. Proviso : in case ofncBloctof Head of ('orporation to appoint arbitra- tor, &.C., parly in- terested may sue Cu'poralioD, &c. Action Bustaina- able witliout proving enuy.' ■By-law may then be repelled, and costs tendered, 4tc. No entry allowed until di mages and coats Le paid. CORPORATIONS AMENDMENT ACT, 1851. land or other real property of any person or persons, it shal' and may I lawful for the person or persons who shall own such properly to name an arbitrator, and give notice thereof in writing to the Clerk of huoli Corporation, and the Head of the Corporation shall, within tliree days after such notice, name an arbitrator on behalf of such ('orporation, and give noiice thereof to the person or persons owning the said properly and appointing such arbitrator as aforesaid, [or if within three Calendar Months afler service of a copy of such By-law certified to be a true copy under the hand of the Clerk of such Corporation on the person or persons owning such property, such person or persons shall omit to name an aibitrator and give noiice thereof as aforesaid, it shall and may bo lawful for the Head of such Corporation to name an arbitrator on behalf of such Corporation, and to give notice thereof to the person or persons owniu" the said property, and such person or persons shall within three tiays afler such notice name an arbitrator on his or their behalf, and upon such two arbitrators being so named as aforesaid, they shall] within three days thereafter, appoint a third arbitrator, and the said three arbritraiors, or the majority of tliem, sh;;ll have power to determine upon and award the amount of damages (if any) to be paid to such person or persons as aforesaid, and their award shall be binding on such person or persons, and on the said Corporation respectively, so as such award be made in writing within ihree calemlar months after the appointment of the third arbitrator as aforesaid : Provided alwa3'8 nevertheless, firstly, that every such submission and award shall be subject to the jurisdiction of Her Majesty's Court of Queen's Bench for Upper Canada, in the same man- ner and to the same extent for all purposes whatsoever as if there had been a submission of the matters in difference by bond between the parties containing an agreement that such submission should he made a rule of that Court : And provided also, secondly, [that if the Head of such Corporation, or the person or persons owning such properly, shall neglect to appoint an arbitrator within such time as is so prescribed for that purpose as aforesaid,] or the said two first mentioned arbitrators shall be unable to agree, or shall not agree upon and, appoint a third as aforesaid, or the said three arbitratorsor the majority of them,shall be tena- ble toagree, or shall not agree upon an award within the time aforesaid, then and in every such case, it shall and may be lawful for such person or persons, so interested as aforesaid, to institute a special action on the case at law against the Municipal Corporation by which such By-law sh.'.ll have been passed, and such action shall be sustainable, whether any entry shall be made under such By-law or not, or whether any use shall be made of such property under such By-law or not, and if no such entry or use other than for the purposes of survey shall be proved at the trial of atiy such action, then the Judge who shall try the same shall certify the want of such proof upon the record, and in such case it shall and may be lawful for such Municipal Co-poration, at any time after such trial, and until four calendar months afler the rendering judgment upon such verdict, to repeal such By-law, and to tender and pay to the Plaintiff in such action, or to the Plaintiff's Attorney, the taxed costs of the said Plaintiff in such action, and from and afler such tenderer pay- ment, the Municipal Corporation against whom such aclion shall be brought shall be discharged from the damages which shall be assessed in such action, and the land or other real property which shall be proposed to be taken by any such first mentioned By-law, shall be and remain as if no such By-law had been passed; and no entry or other use of such land or real property, for the purposes of such first mentioned By-law,, shall be lawful after the assessment of such damages by the Jnry, until , the amount of the damages assessed, and the costs of the Plaintiff in such '■ action, shall have been levied by the Sheriff,orpaid,ordischarged, or law- fully tendered to the Plaintiff or the Attorney for the Plaintiff in such action. enacted, &c., a ASSESSMENT AMENDING ACT, 1851. {Clauses of 13 and 14 Vic, Cap. 64, as amfndcd.] Sec. XV. And be it enacted, tliut in case of llicio beinp an equality of votes in tlio Miuiicipul Coroporalion of any Township or Villait(?, on the Election of Townreeve for rucIi TownRliin or Villa^^e, or in the Munici- pal Corporation of any Town or City, on tlio Eliclion of Mayor for i*uch Town or City, the Member of sucfi Municipal Corporation [present at aiuh election, who, according to the Collectoi's Roll or Koiis of such Towiisliip, Village, Town or City, for the year ne\l preccdinjr thai for which such election shall be held, shall be assessed for the hiyhest amount, shall have a second or castin*; vote in such election, and in the event of there being two or more such members assessed for the same amount, but that greater than that of any of the other members present at such election, it shall be decided by lot, between such equally assessed members, which of them shall have the second or casting vote on such election, and such member shall have such second or casting rote on such election accordingly.! Sec. XVI. And be it enacted, That in every Proclamation eroding the Townreeves and Deputy Townreeves of any Junior County into a Provisional Municipal Council for such Junior County, a time and place may be appointed for holding the first Meeting of such Provisional Municipal Council, and some one of such Townieeves or Deputy Town- reeves appointed to preside at such Meeting, and in case any such Proclamation shall not contain any such appointment of time or place or of a per-'Mi to preside at such first Meeting, and in all cases of the erection of such Provisional Municipal Council by Act of Parliament, such time and place and such presiding OfHct'r a.^ aforesaid shall and may be appointed by the High Sheritlof the United Countie.-^,of which such Junior County shall be one, by a' warrant undtr his hand and seal directed to such Townreeves and Deputy Towintcvcs by their name of office, and published ii. he Oflicial Gazette of this Province: Provided always nevertheless, Fi >lly- that such presiding Officer shall presiile in such Provisional Munici'^ 'T'ouncil only until a Provisional Warden shall be elected by such isional Municipal Council : And provided also, [secondly, — That m ;i nses of an equal division of votes in the election or appointment of a Provisional Warden, a second or casting vote shall belong to such member of such Provisional Municipal Council as would be entitled to the same were it an election for a Warden. And provided also, thirdly, That in all other cases] of an equal division of votes on any question pending in any such Provisional Municipal Council, the Provisional Warden of such County, or the Presiding Officer of such Provisional Municipal Council for the time being, shall have a second or casting vote on such question. ASSESSMENT AMENDING ACT, 1851. 281 Cniie of equnlity "f voUM lor Mfiydr, &,c., pro- vided fur. Time nnct place oflirsl meeting of pruvisiotiiil iiiuiii- cipnl counril to hn iipiioiiited by proclaiiiiition. How, if llie P. M. C. !;»• errciwl by Act of I'nrlia- meuL Proviso. Proviso. ACT 14 Sf 15 VIC, CAP. 110. An Act to explain and amend the Assessment Law of Upper Canada. [30th August, 1851.] WHEREAS it is expedient to explain and amend, in the manner Preamble, hereinafter mentioned, the Act passed in the Session held in the 13 ic u v. c.87. thirteenth and fourteenth years of Her Majesty's Ueign, and intituled, An Art to estahlish amove equal and just system of Assessment in the several ToiDn<:hips, Villages, Towns and Cities in Upper Canada, hereinat'ter called The Upper Canada Assessment Act o/1850: Be it therefore declared and enacted, &c., and it is hereby enacted by the authority uf the same, 282 Intent of the pnid Act declare i ag to— Machinery. AvrriRe StocK of Good*. Ill w?mt plncp any p;irty«liall l>e nnstiwod for Stock uf GooJi ; Or ibr income. Vacant I/)t8 in 'I'owni, iLC. PeiiiionB. Income from Farms not as^eai- able. Exemption in favour of Otiicers onfullorlialf pay- Proviso to sec.22 repealed in part. CJovernor declar- ed exempt. County Councils to examine the Aascssment Rolls and cquallKC the valuations in the several Town- ships, &c. ASSESSMENT AMENDING ACT, 1851. That it wart and is the intention of the said Upper Canada Asscssmen Act of 1850— That all machinery so fived in any bnildinij or real property as t<| form in lavv part of tho realty, shall be valued and asstessed as part such bnildiijg or property : That in the avcrajre stock of jjoods on hand of every merchant, trai!ei or dealer, lianufaclurer. tradesman or moyhanic, all materials iiitendej to be used by him in the mannfaetiiro of any ij,')od>t, in wh.itever stati such materials may be, a? well as tlie manufactured j/u',v, for Judicial and other ^lipases, and for the future dissaluiv .is of such Unions, as the inncnsc of ixalth and population iwy rrquirc, ;;reto he had in common by Counties lilel undt-r the said Act: Provided always, ihrit any Comity which fcnw has or any two or more Co'iniios which now have bi-tween them a legistry office for ihe Kegistraiion of Titles, shall conlinne to h;iV(! ihe |jmif,as b';fore itie passinir of this Act, save and excepl that each County ifliich i"! now eiitilled lo a Re|)ieseMtalivo in Parliament shall also have iseparate Registry Olfice for the registration of titles; and Registers li;iil be appointed accordingly. III. And be it enacted, That all the provisions contained in the ninth, leiilh, eleventh, twelfth, thirteenth, fourteenth, lifleetnh, sixteenth, evenieenlh, eighteenth, nineteeiilh, twentieth, iwenty-firsi, twenty- Preamble. ITpppr Canads divided into conn tit'8 ns for Bcbe* dulc A. Counties in Sfbe- dulc \i, united Iot certain purpose! . Certain provl- sicngof 1-2 Vict., c. 7P, to apply to Counties united under tiiia Ace I 286 Proclamiition niny issue erect- ing Town Uwivcs of certain Couii- tiea into a provi- «ionnl Municipal Couucil. Disaolution of iinioDi of Conn- tiea provided for. Seciial. To whnt County jiroprrly siliill bcloiif!, &:c. when a tract is (ictrichul frnin n County under liiis Act. TERUITOItlAL DIVISIONS ALTERATIONS, 1851. secoud, tvventy-thirt], ihirty-fifth antl thirty-seventh, sections of the saic, last recited Act, (by which sections provision is made for and wjih respec] to the dissolution of the unions of Counties, and matters connecteo therewith), shall, in so far as may ba consistent with the oilier provision! of this Act, apply to the unions of Connties formed under this Act, fullv as to those authorized by the Act above recited. IV. And be it enacted, That at any time after the first day of Febriiari next, it shall be lawful for the Governor of this Province, by an Order it. Council, to issue a Proclamation under the Great Seal of the Provi!;oe , with reference to any of the Counties of Elgin, Waterloo, Ontario, BrantJ (irey, Lambton or Wellaiid, naminj^ a place within such County for _ County Town, and erecting the Town Reeves and Deputy Town Keevei of such'County then elected or thereafter to be elected for the samoj into a provisional Municipal Council for such County, and declarincjsucl Municipal Council a Provisional ]\. iinicipal Council under the authority o| the Act last above cited, until the dissolution of the union of such Count] with the other County or Counties to which it is by this Act united ; anc each and every such provisional Municipal Council, shall, with regard tc the County for which it shall be erected by such Proclamation, have, possess, excercise and peiform all and singular the rights, powers, pfivileges and duties conferred, granted or imposed upon provisional! Municipal Councils erected by Proclamation under the said recited Act,J which shall apply to it in the same manner as to any provisional Muni-I cipal Council erected under the said Act: and the first meeting of such] Provisional Municipal Council shall be held at the County Towtij appointed by such Proclamation, and at such time as shall be thereby] appointed, but if not held at such time, then at any lime on which a] majority of the members thereof shall agree. V. And be it enacted, That so soon as the Court House and Gaol inj anv one of the said Counties shall hare been erected and completed atl the County Town of such County according to the provisions of the! fifteenth section of the Act last above cited, and the other provisions of] the said fifteenth section shall have been complied with by such County,! it shall and may be lawful for the Governor in Council to issue a] proclamation dissolving the union between such County and the County or Counties with which it is united according to the Schedule B of this Act; ahd if it be so united with more than one County, then the remaining Counties shall form a union of Counties under this Act until they be separated in the manner by the said Act provided ; and all provisions of the said Act or of this Act applicable to unions of Counties [ in general shall be applicable to such union, to all intents and purposes,,] as if such remaining Counties had been set forth as such in the said Schedule B of this Act. VI. And whereas in some cases Townships or other tracts of land orj localities will, when this Act comes into effect, be detachrd from the County to which they now respectively belong, and attncht^d to another,] and it is necessary to make provision for such cases : Bo it therefore , enacted. That (exce})t in those cases with rogard to which it is otherwise j provided by this Act) the Court House and the land thereunto atiached, with all liie appurtonancos and dopendencios thoieof, and all the personal property of the County from which any Townsliip or other tract stiall be delMclicd undor this Act, and all taxes lUic in such County before this Act shall come into olFect, and uU other moneys due to siioh Conuly, shall, aflor this .Act shall come into elFcct, be the properly, of the County in which such Court Ihniso shall be situate, which,] notwithstanding any change of its limits or name, shall be held In he the same County and the satnr Municipal Corporation with that of which such Court House was the County Court Housn before this Act oairn! into elfect, and sliall be entitled io claim and recover and enforce all ided : and all TERRITORIAL DIVISIONS ALTERATIONS, 1861. jjebts, effects and obligations belonging to or contracted in favor of such jlasl mentioned County, and tliall be liable for all debts or obligations |Jue from or contracted by the same, and all By-laws of the f.ame shall jremain in force in ?uch County as limited by this Act until repealed or [altered by competent auihorily ; and mo suit, action or proceeding shall 'abate or be discontinueil in consequence of such change of limits or of jname, but may be continued and completed by or against such County, vilh its new limits and by its new name, as eiU'cIively as if such limits sorname had not been changed : Provided always, that any County or ^Union of Counties under this Act shall, after this Act shall come into iforce, be held lo be tht^ same iVlunicipality and the same Corporation with the County or Union of Counties wliich, before the coming into [force of this Act, had the same Court House, notwithstanding any change of limits or of name affected by this Act, and notwithstanding Jlhat it may after the coming into force of this Act be a Union of (several Counties instead of being a single County as theietofore. VII. Prorided always, and be it enacted, That the County from [which any 1'ownship, tract of land or locality shall be detached under this Act, shall, with reference to any County of which such Township, jtract or locality is thereafter to form a part, be known as the " Elder County," and the County of which such Township, tract or locality so detached is thereafter to form a part, shall, with reference to such Eider County be known as the ** Younger County;" and if a County be divided into two or in jre Counties, then that in which the present Court House is situate shall be the Elder County ; and it shall be lawful for such Elder or Younger Counties, '* or the Unions of which they re- spectively foim part," to enter into an agreement for the adjustment land settlement of the proportion (if any) of any debt due by such Elder Coiirity, " or the union of which it forms part," which it may be just that such Yonnger County, ** or union of Counties," shouhl take upon itself, "in respect of such accession of Territory," with the time or times of payment thereof; and every such agreement shall both in law and equity be binding upon such Elder and Younger Cou.ities, ** or unions of Counties respectively:" Provided also, that if the said Counties, " or unions of Counties," shall not enter into such agreement the proportion of such debt (if any) to be assumed by such Younger County, "oi union of Counties," shall be settled by arbitration in like manner as similar questions arising between a Senior and a Junior County are directed to be settled in default of agreement, by the fifteenth section of the Act above cited; and the portion (if any) of such debt so agreed upon or settled; shall be a debt due by the Younger "County or union of Counties," to the Elder County "or union of Coun- ties," and shall bear legal interest from the day this Act shall come into effect, and its payment shall be provided for by the Municipal ICoiuicil of such VounKcr County *' or union of (.'ounties," in like manner las is or shall be required by law with respect to other debts due by Is'ich Municipal Council, (in common with others,) and in default there- |i)f it may he su(>d for and recovortd as any of siicli other debts. Vlil. Provided ahv.iys, and be it enacted, Tliat the Townships of iWaterioo, Wilrnot, ^Vt'lifslny, and that portion of the present Township of Woolwich not included in tlio new Township of Pilkinyton, shall be Iresponsibit.; tor their sham of the debt incurred or to bo incurred for the Icuiistruciion of the Gnolph and Dnudns l^iad, in proportion to tliuir pespeclive asscssmnnts for tht^ year of Onr Lord ono th(iusanvn Lands, and which shall remain part of such Townships. XII. And be it enacted, That notwitlistandin;^ any change made by At^ to suits pcnd- this Act in the limits of any County or union of Counties or Town.-ihip, Actsi'nii'eoin- all indictments, suits, actions and proceodines pending in any Court at niLuce. „ the time this Act shall come into effect, may nevertheless be continueii to trial and judgment in such Court, and such judgment may be executed, as if this Act had not been passed, although the local juri^sdiction of such Court may be changed as to other matters. XIII. And be it enacted, That for the purpose of representation in BeprosenuiUon. the Provincial Parliament, the Counties mentioned in the Schedule to this Act marked C, shall respectively be united under the names therein assigned, and each such Union shall be represented by one member, and every other County in Upper Canada, except the County of York, by one Member; and that the said County of York shall bo represented by two Members; but the seat of any Member elected before the com- mencement of this Act, shall not be affected by its coming into force. XIV. And be it enacted, That the several tracts of land mentioned New Townships, in the Schedule to this Act marked D, shall respectively form new Townships by the names assigned to them respectively in the .«nid Schadule : Provided always, that in all cases where any portion of a Township is detached therefrom by this Act, the remainder shall there- after form a Township by the name which the whole Township bore, unless it be otherwise provided, and shall by that name hold all the property and rights, and be liable for all the debts and claims upon such Townohip as theretofore limited; and when any Township is by this Act divided into two or more Townships, that portion thereof in which ths Municipal Council thereof held its sittings immediately before this Act came into force shall be deemed the elder Township, and shall hold all property of and all taxes and other debts dueto the former Town- ship, and be liable for all debts and liabilities of the same, and not- \Tithstunding its change of name or limits, shall be held to be the same Corporation with such former Township, and the other new Township shall be deemed the younger Township ; and it shall be lawful for such elder and younger Townships to agree together as to the share which such younger Township ought to have or bear of or in the property or liabilities of the former Township, and if they cannot agree, theu it shall be settled by arbitration in the same manner as like questions arising between an elder and a younger County, and the agreement or award shall have a like effect ; and where two Townships shall be united by this Act, the property and liabilities of each of them shall become the property and liabilities of the new Township, which shall be deemed to be one and the same Corporation with each of them, not- withstanding the change of limits or name ; and at the first election of Councillors in any " such" new Township, the " Warden of the County in which such new Tovnship shall be situate, shall appoint a fit and proper person" to be the Returning Officer, and shall ;ippoint the place of election and the time and place of the fust meeting of the Towa Council. Proviso as to' debts, proiierty. i! And be Schedt )3 it enacted, That the portions of Townships mentioned Tract* dctachwl ^ ule to this Act marked E, shall be dtatached from the ^'°"» Township*. Townships of which they have hitherto formed part, and shall form part of the Townships to which they are respectively mentioned in the XV. the said Schedule as being attached. X 290 PriBionert may pnM thToiicb the rjountf ofKenl on their way to the Counties of Emex or Lamb- ton. Sheriff nuthori^^ed to that effect. Proviso. Fnps to registers f irnishlni; etnte- iiients. rommrnccmcnt of this Act. TERRITORIAL DIVISIONS ALTERATIONS, 1851. XVI. And whereas by the third Section ot the Act passed in the twelfth year of the Reign of Her Majesty, intituled, An Act to supply certain necessary legislative promi,ions not included in certain Acts therein mentionedj and by a procliimation issued in accordance therewith, the Counties of Essex and Lambion are 'inited for judicial purposes, but the relative geographical position of the saiJ Counties is such that parties; cannot travel from either of the said Counties to the other without pass- ing the County of Kent, or by the waters of the Lak« and River St. Clair contiguous and belonging thereto, and it has been found inconve- nient in the cases (amongst others) of prisoners on the limits of Esg^ex and Lambton aforesaid, that they should not be permitted to travel from the County of Essex, where the gaol of the said united Counties is situate, into the County of Lambton, withont departing from the said limits : Be it enacted, That in any case where a person shall have been heretofore, or shall hereafter be adm.Ued to the limits of the said united Counties of E.ssex and Lambton in manner prescribed by law, and shfll travel, or shall have heretofore travelled or departed from Essex to Lambton or from Lambton to Essex, while being a prisoner on the limits, such travel or departure shall not have or be held or construed to have or to have had any effect upon the liability of the said party or any other person, or any other effect whatever, other than would have been the case, if such person had never left the said limits or either of the said Counties ; nor in the case of a party being or having been heretofore arrested on any process in either of the said Counties, shall such travel or departure irom Lambton to Kent by the Sheriff or Officer employed in conveying such prisoner to the Gaol of the said Counties in Essex, have any other 6r greater effect tipon the liability of the said Sheriff or Ifficer, than if the said Sheriff or Officer had never left the said Couni'es -of Essex and Lambton during such travel : Provided nevertheless, that the limits of the three Counties of Essex, Kent and Lambton, shall not in any case be departed from during such travel. XVII. And whereas by the thirty-second clause of an .Act passed in the ninth year of Her Majesty's Reign, intituled, An Act to consolidate end amend the Registry Jmws of that part of this Province which was for- merly Upper Canada, the Registers of existing Counties are required to furnish certain statements uf the *Registration of such titles as may have been registered of lands lying in the part so separated, to the Registers of new Counties, but no provision has been made for defraying the expenses of furnishing such statemert: Be it enacted, that every Reffisler furni.shing such statements shall be entitled to receive from, and be paid by the new (bounty the sum of Six Pence for every folio of one hundred words contained in any such statement so futnished. XVIII. And be it enacted, That this Act shall have force and effect upon, from and after the first day of January next, and not before, ex- cepting the sixteenth Section thereof, which shall have force and effect upon, from and after the passing of this Act. SCHEDl'IiE A. COUNTIES. 1. The County of Glengariy shall consist of the Townships of Char- lottenburgh, Keiiyon, Lochiel, Lancaster and the Indian reservation adjoining the said Townships of Charlottenburgh atid Kenyon. 2. The County of Stormont shall consist of the Townships of Finch, Osnabruck, Roxboroush and Cornwall. 3. Tlie County of Prescotl shall consist of the Townships of Alfreil, Caledonia, Hawkesbury East, Hawkesbury West, Longueuil, Plantagc- iiet North and Piantaaenet South. SCHEDULE A, COUNTIES. 4. The County of Russell shall consist of the Townships of Clarence, Cumberland, Cambridge and Russell. 5. The County of Carleton shall consist of the Townships of Filzroy, Goulburn, Gower North, Gloucester, Huntley, March, Marlborough, Osgood, Tarbolion and Nepean. 6. The County of Renfrew shall consist of the Townships of Admaston, Biithfield, Bagot, Bromley, Horton, McNab, Pembroke, Ross, Staflbrd, Westmeath, and all that tract of land lying between the Western Boun- daries of the Townships of Lavant, Biithfield, Admaston, Bromley, Stafford and Pembroke and the Ottawa River, and a line drawn p;^rallel to the genera! course of the said Boundaries of the said Townships from the western corner of the Township of Clarendon to the Ottawa River. 7. The County of Lanark shall consist of the Townships of Montague, Elmsley North, 'Burgess North, Sherbtooke North, Sherbrooke South, Bathurst, Drummoncf, Beckwith, Dalhousie, Lanark, Ramsay, Lavant, Darling and Packenham. 8. The County of Dundas shall consist of the Townships of Mountain, Matilda, Winchester and Williamsburgh. 9. The County of Grenville shall consist of the Townships of Ed- wardsburgh, Wolford, Gower South, Oxford and Augusta. 10. The County of Leeds shall consist of the Townships of North Crosby, South Crosby, Burgess, Bastard, Elmsley, Kitley, front of Leeds and Lansdown, rear of Leeds and Lansdown, Escott, Vonge and Elizabethtown. IL The County of Frontenac shall consist of tKe Townships of Wolfe Island, (including Simcoe Island, Garden Island, Horse Shoe Island and Mud Island,) Clarendon, Barrie, Palmerston, Kennebec, Olden, Oso, Hinchinbrooke, Bedford, Portland, Loughborough, Storrington, Pitts- burgh, Howe Island and Kingston. 12. The County of Addington shall consist of the Townships of Cam- den, Ernestown, kalader, Anglesea, Sheffield and Amherst Island. 13. The County of Lenox shall consist of the Townships of Adol- phustown, Fredericksburg, Fredericksburg additional, and Richmond. 14. The County of Prin»e Edward shall consist of the Townships of Athol, Ameliasburg, Hillier, Halloweli, Marysburgh and Sophiasburgh. 15. The County of Hastings shall consist of the Townships of Lake, Tudor, Grimsthorpe, Marmora, Madoc, Z\z9vir, Rawdon, Huntingdon, Hungerford, Sidney, Thurlow and Tyendinaga. 16. The County of Northumberland shall consist of the Townships of Murray, Brighton, Cramahe, Haldimand, Hamilton, Seymour, Percy, Alnwick and Monaghan South. 17. The County of Durham shall consist of the Townships of Hope, Clarke, Darlington, Cavan, Manvers and Carlwright. 18. The County of Peterborough shall consist of the Townships of Belmont, Methuen, Burleigh, Dnmmer, Harvey, Douro, Smith, Alon- aghan North, Asphodel, Ennismore and Olonabee. 19. The County of Victoria shall consist of the Townships of Mari- posa, Ops, Emily, Eklon, Fenelon, Bexley, Veriilam and Somerville. 20. The County of Sinicoe shall consist of the Townships of Orillia, Matchedash, Tay, Medonte, Oro, Vespra, Flos, Tiny, Sunniiiale, Not- tawasaga, Gwillimbury West, Espa, Tecumseth, Adjala, Tossorontio, Mulmur, Mono and Innisfil, together with the tract of land bounded on the East by the line between tlie late Home and Newcas'.le Disi riots prolonged to French River, on the West by Lake Huron, on the North by French River, and on the South by the River Severn ami ihe Town- ship of Rama, and the Islands in Lakes Simcoe and Huron, lying wholly, or for the most part, opposite to the said County of Simcoe, or any part thereof and contiguous thereto. 291 292 TERRITORIAL DIVISIONS ALTERATIONS, 1851. 21. The County of York shall consist of the Townships of Etobicoke, Vaughan, Markham, Scarborough, York, King, Whitchurch, Gwillim- bury East and Gwiilimbury North. 22. The County of Peal shall consist of the Townships of Albion, Caledon, Chinguacoupy, Toronto and Toronto Gore. 23. The County of Ontario shall consist of the Townships of Whitbv, Pickering, Uxbridge, Beach, Brock, Georgina, Scott, Thora, Mara, Scugog and Rama. 24. The County of Ilalton shall consist of the Townships of Esquesinpr, Trafalgar, Nassagaweya and Nelson. 25. The County of Waterloo shall consist of the Townships of North Dumfries, Waterloo, Wilrnot, Woolwicii and Wellesley. 26. The County of Brant shall consist of the Townships of Branlford, Onondaga, Tuscarora, Oakland, South Dum^vies and Burford, and iho Village of Paris. 27. The County of Wellinaton shall consijl of the Townships of Erin, Puslinch, Guelph, Nichol, Garafraxa, Eramosa, Peel, Maryborough, Minto> Arthur, Luther, Amaranth and Pilkington. 28. The County of Grey shall consist of the Townships of Derby, Sydenham, Saint Vincent, Sullivan, Holland, Euphrasia, (Jollir-gwood, Bentinck, Glenelg, Arlemesia, Osprey, Norrnanby, Egreraont, Proton and Melancthon, together with that portion of the Peninsular Tiact^of Land known as the Indian Reserve, and situated between a line drawn northward from the north-east angle of Arran and the north-west angle of Derby, until it strike's Coipoy's Bay on the east side of the Indian Village, and the waters of the Gi orgian Bay, together with the Islands contiguous thereto. 29. The County of Bruce r.hah consist of the Townships of Huron, Kinloss, Culross, Canick, Kircardine, Greenock, Brant, F.uce, Saugeen, Elderslie and Arran, together with all that poition c! the Peninsular Tract of Land known as iiie Indian Reserve, and not included in the County of Grey, together with all the Islands in Lake Huron and the Georgian Bay contiguous thereto. 30. The County of Huron shall consist of the Townships of Hay, Stephen, McGiliivray, Biddulph, Usborne, Howick, McKillop. Grey, Morris, Turaberry, Ashfield, Wawanosh, Colborne, Hullelt, Tucker- smith, Stanley and Giderich. 31. The County ol Perth shall consist of the Townships of Blanchard, Hibbert, Fullarton, Downie, including the Gore of Downie, Logan, Ellice, Easthope North and Easthope South, Elma, Wallace and Mornington. 32. The County ol Lambton shall consist of the Townships of Bo- sanquet, Plympton, Warwick, Sarnia., Moore, Enniskillen, Brooke, Sombra, including Walpoole Islands, >St. Ann's Island, and the other Islands at the mouth of the River St. Clair, Dawn and Euphemia. 33. The County of Kent shall consist of the Townships of Orford, Howard, Camden, Chatham, Harwich, Dover East, Dover West, Ral- eigh, Tilbury East, Romney and Zone. 34. The County of Essex shall consist of the Townships of Mersea, Gosfield, Colchester, Rochester, Maidstone, Maiden, Anderdon, Tilbury West and Sandwich. 35. The County of Elgin shall consist of the Townships of Aldbor- ough, Dunwich, Southwcld, Yarmouth, Malahide, Bayham and South Dorchester. 36. The County of Middlesex shall consist of the Townships of Mosa, Carradoc, Metcalfe, Adelaide, Williams, Lobo, Nissauri West, North Dorchester. Delaware, Westminster and London. 37. The County of Norfolk shall consist of the Townships of Hough- Ekfrid, 1. Howe 2. East : present To the seveiitl ?. West the present 4. North 'Concession SCHEDULES B, C AND D, COUNTIES AND TOWNSHIPS. ton, Middleton, Charlotteville, Windham, Townsend, Woodhouse, Walsinfjham, including Long Point. 38. The County of Oxford shall consist of the Townships of Zorra East, Zorra Wast, Oxford North, Oxford Ea3t, Oxford West, Dereham, Norwich, Blenheim, Blandford, Nissouri East and the Village of Woodstock. 39. The County of Haldimand shall consist of the Townships of Walpole, Oneida, Seneca, North Cayuga, South Cayuga, Craborough, Rainham, Dunn, Moulton and Sherbrooke. 40. The County of Welland shall consist of the Townships of Pelham, Thorold, Stamford, Crowland, WiJloughby, Wainfleet, Huinberstone and Bertie. 41. The County of Lincoln shall consist of the Townships of Grimsby, Clinton, Lonth, Grantham, Caistor, Gainsborough and Niagara. 42. The County of Went worth shall consist of the Townships of Beverly, Flamborough East, Flaraboroiigh West, Aucaster, Glanford, Einorook, Sallfieet and Barton. SCflJBDVIiEB. COUNTIES UNITED FOR MUNICIPAL, JUDICIAL AND OTHER PURPOSES. 1. Essex and Lambton. 2. Hnron, Bruce and Perth. 3. Middlesex and Elgin. 4. Lincoln and Welland. 5. Wentworth, Ilalion and Brant. 6. Wellington, Waterloo and Grey. 7. York, Ontario and Peel. 8. Northumberland and Durham. 9. Peterborough and Victoria. * 10. Frontenac, Lennox and Addington. 11. Leeds and Grenvilie. 12. Lanark and Renfrew. 13. Prescott and Russell. 14. Stormont, Dundas and Glengarry. 29? SCHEDVIiEC*. COUNTIES UNITED FOR THE PURPOSE OF REPRESENTATION. 1. Kent and Lambton, — as the County of Kent. 2. Huron, Perth and Bruce, — as the County of Huron. 3. Middlesex and Elgin, — as the County of Middlesex. 4. Wentworth and Brant, — as the County of Wentworth. 5. Waterloo, Wellington and Grey, — as the County of V^'ateiloo. 6. Peterborough and Victoria, — as the County of Peterborough. 7. Lennox and Addington, — as the County of Ijcnnox and Addington. 8. Lanark and Renfiew, — as the County of Lanark. SCHDDUIiE B. NEW TOWNSHIPS. 1. Howe Lsland, which shall consist of the Island of that name. 2. East Nissouri, which shall include and consi.it of lh;it part of the ^present Township of Nissouri, which lies eastward of the line dividing the seventh concession ihereot' from the eighth. 3. West Nissouri, which shall include and consist of the residue of the present Township of Nissouri. 4. North Dumfries, which shall include and consist of the six northern 'Concessions of the present Township of Dumfries. 294 r, TERRITORIAL DIVISIONS ALTERATIONS, 1851. 5. South Dumfries, which shall include and consist of the residue of the present Township of Dumfries. 6. North Dorchester, which shall include and consist of all that part ©f the present Township of Dorchester, lying to the Northward of the line between the sixth and seventh Concessions South of the River Thames. 7. South Dorchester, which shall include and consist of the residue resent Township of Dorchester. . -'ilkington, which shall include and consist of that part of the present Township of Woolwich known as the Pilkington Tract. 9. Scucog, which shall include and consist of all those parts of the present Townships of Cartwright and Reach, which compose the Island known as Scugog Island. 10. Orillia, which shall include and consist of the present Township of North Orillia, and the present Township of South Orillia. 11. Brighton, which nhall include and consist of all the lots from number one to number ten, both inclusive, in the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth and tenth concessions, and in the broken front of the present Township of Craraahe, and of the lots from number twenty-three to number thirty-five, both inclusive, in the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth and eleventh concessions, and in the concessions A and B. and the broken front of the present township of Murray, and the peninsula of Presqu'isle. SCHEDVIiE E. TRACTS DETACHED FROM TOWNSHIPS AND ATTACHED TO OTHERS. 1. The lots on Yonge Street, in the present To^v^^ship of West Gwil- limbury, ehall be detached from the said Township, and be annexed to and form part of East Gwillimbury ; and the residue of that part of tjie said Township of West Gwillimbury which lies on the south-east side of tha west branch of ihe Holland River shall be detached from the- said Township of West Gwillimbury, and be annexed to and form part of t le Township of King. U, That part of the present Township of Cartwright, lying to the Non. I of Scugog Lake, shall be detached from the said Township of Cartwright, and be annexed to and form part of the Township of Mariposa. 3. That part of the present Township of Nichol, known as the Town Plot of the Village of Elora, shall be detached frojn the present Town- ship of Nichol and be annexed to and form part of the Township of Pilkington, and the boundaries of such Town Plot shall be fixed by Proclamation to be issued by the Governor General in Council. 4. The peninsula of Presqu'isle shall be detached from the present Township of Murray, and shall be annexed to and form part of the Township of Brighton. 5. The Gore of Murray, lying between the tenth concession of the Township of Murray and the Township of Seymour, shall be detached from Murray, and form part of the Township of Seymour. 6. That part of the present Township of North Dorchester, lying north of the River Thames and east of the middle of the road allowance between lots number eichteen and nineteen, shall be detached from the said Township and shall be annexed to and form part of the Township' of Oxford north. [Vide page 60 to 94, and 128 to 132.] TOWNSHIP AND VILLAGE BOUNDARIES ms. 14 4-15 VIC, CAP. 4. An Act to amend the Act concerning Land Surveyt [Vide p. 820, ante.] [2d August, 1851. J II. And be it enacted, That for and notwithstanding any thing in the said Act, there shall be two Boards of £xanniners for the examination of Candidates for admission to practise as Land Surveyors, one to consist of (he Commissioner of Crown Lands, and eight other competent persons to be appointed from time to time by the Governor, and lu meet at the City of Quebec for the examination of Candidates for admission to practise as Land Surveyors in Lower Canada, and the other to consist of the said Commissioner of Crown Lands, and ei^ht other competent persons to be appointed from time to time by the Governor, and to meet at the City of Toronto for the examination of Candidates for admission to practise as Land Surveyors in Upper Canada ; and the present Board of Examiners shall be dissolved ; and any three of the Members of either of the said Boards shall form a quorum ; and each of the said Boards or a majority thereof shall appoint a Secretary ; and the said Boards shall meet at the places hereinbefore mentioned respectively on the days appointed in and by the said Act for the meeting of the Board therein mentioned ; and each of the said Boards and the Members and Secretary thereof shall, as regards the examination of Candidates for admission to practise in that section of the Province in and for which such Board shall sit, and as regards Surveyors practising therein, have the same authority, powers and duties as are by the said Act vested in the Board therein mentioned and its Secretary, and shall be bound by the same rules in the exercise and performance thereof. VIII. And be it enacted, That the Standard English Measures of Length imported under the requirements of the Act hereby amended, shall hereafter be deposited with the Secretary of the Board of Exami- ners at Toronto, and the Standard French Measures of Length imported under the said Act, and the copy of the said Standard English Measures of Length now in the Office of the Commissioner of Crown Lands at Montreal (which copy shall be hereafter used as a standard for the pur- poses of the said Act) shall be deposited with the Secretary of the Board of Examiners at the City of Quebec, and the said Secretaries respec- tively, under such instructions as they shall receive from time to lime from their respective Boards, shall and may examine, test and stamp Standard Measures of Length for the Surveyors bringing the same for examination, as the Commissioner of Crown Lands may do under the Act aforesaid t.nd with the same etTect, and for each measure so exam- ined and stamfdd such Secretary may demand and receive Two Shillings and Six Pence Currency. Two Board! of Exam inert ap- IKiinted ; of wboni to contirt. Present Board diHsolred. Quorum. Secretary. MeeiintiH. Powers Sl duties. V'»',-^-»^*, VILLAGE BOUNDARIES. [Vide pp. 65 to 80, and 147 to 151, and pp. 244 to 223 ante.] Ingersoll. — The Village of Ingersoll, in the County of Oxford, in Upper Canada, consisting of all that part of this Province, situate partly in the Township of Oxford West, and partly in the Township of Oxford North, t!- 296 Village boundaries. in the County of Oxford, and lying within the following limits, that is to say : comnnencing on the sontlierly lank of the River Thames, in the boundary line between lots numbers seventeen and eighteen, in the broken front concession of the Township of West Oxford : thence alon-r the laid boundary line between lots numbers seventeen and eighteen, in the broken front concession, and the bou'idary line between lots numbers seventeen and eighteen in the first concession south-easterly, to the middle of the depth of the said first concession : thence along the middle of the depth of the said first concession south-woslerly, to the boundary line between lots numbers '.wenly-two and tweiily-lhreH : thence along the said boundary line between lots numbers twouty-two and twenty-three north-westerly, to the south-easterly bank of the River Thames : thence along the south-easterly bank of the said liver with the stream, to a point in prolongation of the boundary line between lots numbers eight and nine in the fourth concession of the Township of North Oxfoi J : thence along the said boundary line between lots num- bers eight and nine, and the prolongation thereof northerly, to the northerly limit of the allowance for road between the third and fourth concessions of the said Township of North Oxford: thence along the northerly limit of the said allowance for road between the third and fourth concessions easterly, to the easterly limit of the allowance for road between lots numbers twelve and thirteen : thence along the east- erly limit of the said allowance for road between lots numbers twelve and thirteen southerly, to the north-westerly bank of the said River Thames : thence along the said north-westerly bank of the said River Thames up the stream, to a point in prolongation of the afores;iid bound- ary line between lots numbers seventeen and eighteen in the broken front of the Township of West Oxford : thence across the said i ivor to the place of beginning. [Proclamation, dated l'2th Scptemher, 1851.] Preston. — The Village of Preston, in the County of Watyrloj, in Upper Canada, consisting of all that part of this Province situate in the Township of VVaterloo, in the County of Waterloo, and lying within the following limits, that is to say : Commencing on the Easterly Bank of the Grand River at the South Easterly Angle of Lot Number One, in the Broken Front of Richard Beasley's lower block, in the Township of Waterloo, thence along the Easterly Boundary Line of the said Lot Number One, and Easterly limit of the public road thereon, Northerly to the rear Boundary Line of the said Lot Number One : thence along the said rear Boundary Line of the said Lot Number One, and the rear Boundary Lino of Lots Number Two, Three, Four and Five in the said broken front Westerly, to the Boundary Line between Lots Numbers Five and Six : thence along the said Boundary Line between Lots Numbers Five and Six Southerly to the Grand River: thence in pro- longation of the said Boundary Line between Lots Numbers Five and Six across the River: thence along the Southerly Bank thereof wiih the Stream to the Boundary Line between the Townships of Waterloo and Dumfries : thence across the River to the place of beginning. [Pro- clamation, dated 15lh September, 1861.] St. Thomas. — The Village of St. Thomas, in the County of Elgin, in Upper Canada, consisting of all that part of this Province situate partly in the Township of Yarmouth and paitly in the Township of Southwold, in tlie County of Elgin, and lying within the fnllowinjr limits, that is to say : Commencing on the North side of the Talbot Road East, in the boundary line between lots numbers three and four in the ninth Con- cession of the Township of Yarmouth, otherwise known as lot;; numbers forty-eight and forty-nine on the North side of the said Talbot Road East: thence alonir the said boundary line northerly to the middle of the depth of the said Concession : thence along- the middle of the depth I [Clausea of ttie Ju jurors' act, 1850-51. of ihe said Concession westerly to the Knst Bank of Kettle Creek, thence aloni^ the East Bank of the said Creek down the strentn tc the middle of the allowance for road between iho seventh and ciiihlh Con- cessions of the said Townphip: thence along the niitldlo of the saiil allowance for road between the seventh and eighth Concessions easterly lo the boundary line between lots numbers two and three in the said eighth Concession, otherwise known as lols nnrnbers forty-seven arnl forty-eight on the south side of the saiil Talbot lioad Kast prolonged : thence along the said boundary between lots numbers two and three in the eiirhth Concession and its prolongation northerly to the middle of llio deplh of the said eighth Concession : thence along the middle of the depth of the said eighth Concession easterly, to the boundary lino between lots numbers three and four, otherwise known as lots numbers forty-eii>ht and forty-nine on the iSoulh side of the said Talbot itoad East : thence along Ihe said boundary line between lots numbers three and four in the eighth Concession and prolongation thereof northerly to the place of beginning. [Proclamation, dated l'2th September, 1851.] 297 JURORS' ACT, 1850 AND 1851. 13 Sf 14 VIC, CAP. 55., as amended by 14 S,- 15 VIC, CIP. 65. [Clauses of ihc Jurors' Act. n» ninondcd, wliicli inipocc duties on Municipal Oflicers, with tlic Sclieilules niipcrtnlning to hucIi duties.] I An Ad for the consolidation and amendment of the Laws relative to Jurors, Juries and Inquests in that part of this Province called Upper Canada. WHEREAS it is expedient to consolidate and amend the Laws now preamble, in force in that part of this Piovince called Upper Canada, relating to Juries and Inquests, and those to be summoneil to serve Ihereon, and to introduce such a system for Ihe selection and return of Jurors as shall belter secure public confidence in the impartial adminis- tration of justice in the trial by .Jury: Be it therefore enacted by the [Queen's Mot Excellent Majesty, &c., L — QUALIFICATIONS, EXEMPTIONS AND DISQUALIFICATIONS OF JURORS. I. That every man, except as hereinafter excepted, over the age of wiio shall be Itwoiity-one years, residing in any County or in any City or the Liberties 'luti'ficd as a iheiflof, or in any other local judicial division in Upper Canada, in the ''"'°'' possession of his natural faculties and not infirm or decrep't, who shall be assessed for local purposes' according to Law, for property, real or personal, or both, belonging to him in his own right or in that of his wife, lo the amount heieinafter mentioned, shall be qualified and liable to serve as a Juror both on Grand and Petit Juries in Her Majesty's ISuperior Courts of Common Law at Toronto, having General, Criminal or Civil Jurisdiction tiiroughout Upper Canada, and in all Cour's of ICriminal or Civil Jurisdiction within the County, Union of Counties, ICity or other local judicial division of the County in which he shall so I reside. II. And be it enacted, That no person shall be disqualified or relieved Parting with pro- Ifrnm serving as such Juror in cojisequence of his having ceased to be I't'rtynfierassoBB- Jseized or po-tsessed of the property in respect of which he may have quiUify,°"° ' Ibfien enroUeil as such Juror, between the time of enrollment and his being called upon to serve as such Juror, nor shall the same form any jround of challenge to ^'uch Juror. fi 298 Joint proprietors lo he deemed Mjuolly Jntcrest- (1.1. How tiie property qiialification of Jurors shall be detenuiried. Ppr^jfitis over CO, » Slc, holrling cer- tain otfices, or exercising ceriain profesBions or callings, exemp- ted from serving as jurors. jurors' act, 1850-51. III. And be it enacted, That whenever property shall be assessed o| the assessment Roll of any Township, Village or Ward, as the properti of two or more persons jointly, the Selectors of Jurors hereinafter menl tioned to whom it shall belong to extract from such Roll the names those thereon qualified and liable to serve as Jurors under this Act, ma) and if they shall have the requisite information as to the names of thj parties to enable them to do so, such Selectors shall, in making sucl extract, and for all the purposes of this Act, treat such property as if belonged to such persons in equal proportions, and each of such personl as respects his qualification and liability to serve as such Juror shall bl treated by such Selectors of Jurors in making such abstract as if hi had been severally assessed for such equal proportion of such propert] IV. And be it enacted. That the amount of property in respc.t which every man shall be qualified and liable to serve as such JL.-or shall be determined by the relative amount of property for which hJ .shall be assessed on the Assessment Roll of the Township, Village ol Ward of which he shall be a resident inhabitant at the tinrie of th/ annual selection of Jurors, by the Selectors for such Township, VillagJ or Ward as hereinafter provided, and that the mode for ascertaining ilJ same shall be as follows, that is to say : The names of three fourtlis ol the assessed Resident Inhabitants of the Township, Village or Waidl shall be copied from the Assessment Roll of such Township, Village ol Ward, commencing w^ilh the name of the person rated at the highesl amount on such Roll, and proceeding successively, towards the naine( the person rated at the lowest amount, until the names of three fouithj of the persons assessed upon such Roll, shall have been copied fror the same ; and the amount for which the last of such persons shall hi assessed upon the said Roll, shall be that which shall qualify everi Resident Inhabitant of such Townstiip, Village or Ward as such Juror| and render him liable to serve as the same. V. And be it enacted. That all persons of upwards of sixty years ol age, — all Members of the Executive Council of this Province,— tli( Secretary of His Excellency the Governor of the Province for the timd being, and all officers and others in the service of the Governor for thd time being, — all officers of the Provincial Government, and all clerk| and servants belonging to either House of the Provincial Parliament, oj to the Public Departments of the Province, — the Warden of the Provinj cial Penitentiary, and all the officers and servants of the said PenitenJ tiary, — all Judges of Courts having general jurisdiction throughouj Upper Canada, — the Judges of the County Courts and the Judges of all other Courts, except the Quarter Ses.sions of the Peace having jurisdicj tion throughout any County, Union of Counties or City in Upper Canada! —all Sheriffs, Coroners, Gaolers and Keepers of Houses ot CorreclioiT and of Lock-up Houses, — all Priests, Clergymen and Ministers of th< Gospel, recognized by law, to whatever denomination of Christian^ they may belong, — all members of the Law Society of Upper Canadf actually engaged in the pursuit or practice of their profession, whethe^ as Barristers or Students' — all Attornies, Solicitors and Proctors actuail] practising, — all Oflicers of the Courts of Ju.stice, whether of general County, City or other local jurisdiction, actually exercising the dutiei of their respective offices, — all Physicians, Surgeons and ApothecarieJ actually practising, — all Officers in Her Maje.sty's Army or Navy oif full pay, — all Pilots and Seamen actually eni^aged in the pursuit ol their calling, — all Officers of the Post Office, Customs and Excise, — alj Sheriff's Officers and Constables, — all County, Township, City, Towi and Village Treasurers and Clerks, — all Collectois and Assessors',— alj Professors, Masters and Teachers of any University, College, CounlJ Grammar School, Common School or other School or Seminary llieiein, and all s 299 Memberiofihe Legislature and cenain municipal functionaries exempted from serving at cenain CO una. JURORS* ACT, 1850-51. earning, actually engaged in performing the duties of such appoint- jents respectively, and all officers andservantsof any such University, College, School or Seminary of learning, actually exeicising the duties jfiheir respective offices or employments, — all Millers, and all Firemen jeionging to any regular Fire Company, shall De and are hereby abso- utely freed and exempted from being returned and from serving as either Grand or Petit Jurors in any of the Courts '•.foresaid, and shall jnot be inserted in the Rolls to be prepared and reported by the Selectors |;f Jurors by virtue of this i^ct, as hereinafter mentioned. VI. And be it enacted, That all Members of the Legislative Council iind of the Commons House of Legislative Assembly of this Province, — 111 Wardens of Counties or Unions of Counties, and all other Members jjofany County Council, — all Mayois, Townreeves and Deputy Town- leeves of any City, Town, Township or Village, — all Justices of the IPeace, and all other Members and Officers of any Municipal Corpora- fion, shall be and are hereby absolutely freed and exempted from being elected by the Selectors of Jurors hereinafter mentioned to serve as yirand or Petit Jurors in Her Majesty's Inferior Courts, and the names of kch persons shall not be inserted in the Rolls from which Jurors are to IK taken for such purpose, and if any such name shall have been acci- lentally inserted in any such l\oll, it shall, if drawn in balloting any pry list or drafting any Panel therefrom, be set aside and not inserted llieiein, and all such persons shall be moreover absolutely freed and Ixempted from being returned to serve as Petit Jurors upon a»y General IPrecept, to any Sessions of Assize or Nisi Privs, Oyer and Terminer or IJaol Delivery, and the names of such persons if drawn in drafting such [Panel, shall be set aside and not inserted in the same. VII. And be it enacted, That every person whose name shall have sen inserted in any of the Jury Lists as hereinafter provided, for the lears next before that in which his name shall be again drawn in any liilsiich Lists or for some prior year, within the Rule of Exemption peby established, and shall have duly served on some Panel returned pder a general Precept from such Jury List, until discharged by the jCoiirt to which such Panel was so relumed, shall be exempt from hav- hz hiK name inserted in any of such lista for any subsequent year »iihin such rule of exemption, that is to say, if the Juror's Roll from ivhich such name shall be drawn as hereinafter provided, shall contain * sufficient number of names to make two complete Jury Lists of the rienomination of such JurorJ*' Roll, such person shall be exempt from Baving his name inserted in such Jury List if it shall appear by the lirors' Book of the preceding year that his name hail been inserted in Mv of the Jury Lists for that year, and that he duly attended and served bon any such Panel as aforesaid ; and if there shall be a sufficient , pimber of names on such Jurors' Roll to make three such complete fury Lists, such person shall be exempt from having his nnme so in- rled if it shall appear by either of the Jurors' Books of either of the |vo precedmg years, that his name had been inserted in any of such 'iiry Lists lor either of such years, and that he had so attended and erved as aforesaid, for either of such years, and so on, toties oitohM, flowing one additional year's exemption for earh complete additional py List that such Jurors' Roll shall furnish a.s .itoresaid. VIII. And be it enacted, That notwithstanding any thinii in this Act service as a city loiitaincd, service as a Juror upon any Panel returned by the Sheriff of juror not to cx- liV County or Union of Counties, shall not exempt the person who shall an'comity'iuVori "serve from again serving as a Juror upon any Panel returnad by the and eie* t;«r»a. Jisli Bailiff or other proper Officer of any City embraced within the lailiwick of such Sheriff, though such service may be so required of such ■ror within the period of exemption provided for by the next preceding Exemptions aris- ini; from having actually served as a juror within .'i cerf^ time pre- viously. r>oo Citizens exempt- ed from strvim,', oxc'jpt at certain courts. AlicnBdisquali- flCiJ. Exception. Attainted pcrsonii (iiiiqualiiiud. Certain mtinid- pnl functionnriRB to 1x3 sulecloru of jurors. What persons Hiiall lie aclccted. Kclcctoro to huTC t)it> use of aHNCdi- meat rolls. When th2 sulcc- JURORS* ACT, 1850-51. t3ction of this Act, nor shall .any such service upon any Panel retnrr by the High BailiH or other proper Oflicei of any sucU City, havinc Recorder's Court establisheti in the same, e.Yernpt the person who sni have so served from again serving? as a Juror upon any Panel return to any of the Superior Courts of Criminal or Civil Jurisdiction, by tl bherifToi" ihe County or Union of Counties within the limits of whiJ such City whall be embraced: and the Jury Lists for such Siiperl Courts for such County or Union of Counties, and for such City respa lively, shall be ballotted without any regard being had to any sul service, but the inhabitants of every such City, and of the libertj therejof, shall be exempt from serving on Juries at any other than tl City Courts, or on trials at the bar, of either of Her Majesty's Supeij Courts of Common Law at Toionto, or at the Courts of A>« pmj le word Towns! It i^hall ill idl t'ii^ respect to whl kminy sr.ch Un| kirs for each Cl f'jwn, Viliasfe and Township in Upper Canada, shall annually on the tion Rhnii be Ijy mentioned in the next preceding section of this Act, or on the fiist "'"^^^^• %v thereafter not beinir a ISundaVj or other Statutory Holiday, if such whi mentioned day shall be a Sunday or other Statutory Holiday, or if p;ev shall have been unable to coniplele the duly hereby imposed ^'3011 them on such first ilay, proceed to select such names from such lis accordingly: Provided always neverthelees, firstly, that they Proviso hh to Lall in no case select from any of such Rolls, a smaller number of "'j'"''''| "^ ^'^ lilies than what shall bo equal to two-thirds of the whole number of [Iwies on such lioll, providetl there shall be a sulRcienl number for |at purpose on the same (jualilied and liable to serve in respect of the mount of property for which ihey shall be assf^ssed on such Roll, and otherwise wholly disqualified or exempt from serving as Jurors Icoiding to the provisions of the fifth, sixth, ninth and tenth sections jlhis Act, or any of them: And provided also, secondly, that in case Provino (iiJtorns.o Ian equality of votes amongst such Selectors of Jurors as to any one "^f '-''i^^' ''ivinio" r ai .1 I.I . .1 lA- • r .1 anioiii' Uie Kolec- more ot the names to be so selected, or as to the Division ot the tors. leport of such Selectors in which any such name should be inserted iu distribulicn of such names as liereinafter provided, or as to any |rier incidental question which may arise in the performance of the (!y hereby imposed upon such Selectors, the Mayor or Townreeve, or [his absence or the vacancy of the office, the City, Town. Villajje or pnship Clerk, or in the absence, or vacancy ot the officios of both, len the Assessor whose Roll fur the year. shall have contained iho salest number of assessed names, and in the case of joint Assessors, le .Assessor first named in the appointment of such Asse.sso.j shall Ive a casting or double vote in the decision of the same. IXIII. And be it enacted, That the said Selectors of Jurors having Nnmcs of juroTB jde such selection as hereinbefore provided, shall for the purpose of to Ikj diHtritiuted I Report thereof to be by them made as hereinafter provided, dis- g^ons, ami how. Ibute the names of the persons so selected from each Roll into four liisiona ; the first, to consist of persons to serve as Grand Jurors in the [perior Courts ; the second, of persons to serve as Grand Jurors in the Iferior Courts; the third, of persons to ksrve as Petit jHrors in the iperior Courts ; and the fourth, of persons tc serve as Petit Jurors m Inferior Courts, and shall make such distribution according to the (St of their judgment as to the relative competency of the parties with jference to the duties to be required of them respectively. [XIV. And be il enacted. That the said Selectors of Jurors shall make Proportionate Ich distribution amongst tlio said four divisions ..-3 nearly as may be in Ji'TJon ""''"^'' ! following proportions, relatively to the whole number of persons so Reeled by them from each of such Rolls for that purpose as aforesaid, pi is to say : one fifteenth as nearly as may be under tlie first of such Jvisions ; two fif trenths as nearly as may be under the second of such • Ivisions ; four fiflervlhs as nearly as may be under the third of such [visions; and eight Jifleentlis as nearly as may bo under the fourth of k1i Divisions. |XV. And be it enacteil, That the said Selectors of .lurors shall there- ftjlrctorHtomnlte »n mako out in duplicate under their hands and seals, or under the iInpIrmic p'lM.rtu I 1 1 If 1 f .1 I n I _ !• I 11. in tiirm ol St'.lu'- fm and seals ot .such ot them as shall have porlormeil such duty, a a^av \. p[[ of such Selection and Distribution for every such lovvnship, |Jage, or drban Ward, which report shall bo as nearly as may ikj ia I form set forth in the Schedule to this Act annt.'xed, marked A, and filleil up agreeably to the directions contained in th»' notes to such [lit'dule, to which s:iid report shall be subjoined a written declaralion Dr-inntion to iti; iliseribed by .su(di Selectors of Jurors, stating each for himself, that "'""-'*'■■'• k had made such Selection and Distribution to the best of their Kinent and information pursuant to this Act, and without fear, favour 302 Where the iinid reports shall be depoiitcd. Renewal if dc- a'.royed. JURORS* ACT, 1850-51. or afTection of, to, or for any person or persona whomsoever "ain re'vai or hope thereof, other than such fees as they may be lawfully entiil to receive for the same under the authority of this Act ; and one of sm Duplicate Report shall on or before the fifteenth day of the same Moni of September be deposited by such Selectors of Jurors, with the Clei of the Peace for the County in which such Town, Village or Townsh shall lie, or within the limits of which such City shall be embrace and the other, with the City, Town, Village or Township Clerk of sii. City, Town, Village or Township respectively, which Clerks respei lively, shall keep the same on file in their respective offices for the ui and information of all who may have lawful occasion to examine make use of the same ; and in the event of the loss or destruction any such Duplicate Report, by fire or other accident, a copy therei made from the other of such Duplicates, and certified to be a true co of such last mentioned Duplicate, by the Officer to whom the les custody of such last mentioned Duplicate shall belong, shall and rn^ be filed in the office in or out of which such first mentioned Duplicai Original was so lost or destroyed as aforesaid, and shall and may 1 thenceforth taken, received, and acted upon in all respects as if it wei the said Duplicate Origmal Report so lost or destroyed as aioresai Provided always nevertheless, that in every such case of thedestnicti of any original Selector's Report, it shall be the duty of the oflicer whose office the same shall have been so destroyed, to procure as so as reasonably may be, such a certified copy of such Report from tl other officer to whom the legal custody of the other Duplicate Oriijin of such Report shall belong, and to file the same in his office according" ^^Hlor the same, in <')n aiieesork i.^k making and re- turning the a.-f Jurors, or permitting such Selectors the uecessar access to the same for tho purpose aforesaid, every such Clerk or olh< tifficer or person so olTending shall tor every such offence forteit \\i sum of Twenty-five pounds, one moiety thereof to the use of Her Mi jeflty, Her Heirs and Successors, and the other moiety thereof, wit full costs, to such person as shall sue for the same in any Court of conipa tent jurisdiction, by action of debt, bill, plaint or information. Oil selectors of LXXfl. And be it enacted. That if any Selector of Jurors for anl On Municipal orticf.'r.-! not pro- riurinj! ns«os9- iiicnc roll as re- quircd. »"';.*J*' ' jurors' act, 1850-51. 303 ITownship, Village or Ward in Upper Canada, shall wilfully select and juror* for wiitui ireport as qualified and liable to serve as a Grand or Petit Juror, any 'icroiiHwn of I person who, according to the provisions of this Act, ought not to have Kbeen so selected or reported, or shall take any money or other reward ifor so selecting or reporting or omitting to select or report any person |whomsoever, or shall wilfully insert in any such Report a wrong description of the name, place of abode, or addition of any one so pgelected and reported, or shall neglect or omit to complete his selection ^and Report, and to deposit the same in the proper office at least on or before the fifteenth day of September of the year for which he shall act |as such Selector of Jurors, every such Selector of Jurors otiendiiig in laiiy of the foregoing cases, shall, for every such offence, forfeit a sum Eliot exceeding Twenty pounds, nor less than Five pounds, at the discre- liion of the Justice before whom he shall be convicted. LXXIII. And be it enacted. That if any Clerk of the Peace, or Clerk on riorksofthe [of any such Recorder's Court of any City as aforesaid, or his Deputy, p'-ium: for wiifui [shall, when acting in performance of the duties required of him by the aH^'!'^"''^ "^ Jeighteenih, nineteenth, twentieth, twenty-first, twenty-second, and twen- J;v-ihird sections of this Act, neglect or omit to perform any duty required lof him by those sections in- the manner therein prescribed, or shall [wilfully do any thing inconsistent with the provisions of the same, every [s'lch Clerk of the Peace, or other Clerk as aforesaid, or his Deputy, so otTending, shall, for every such offence, forfeit the sum of Fifty pounds, lone moiety thereof to ihe use of Her Majesty, Her Heirs or '■' cessors, and the other moiety thereof, with full costs, to such person ,.3 shall sue ;or the same, in any Court of competent jurisdiction, by action of liebt, bill, plaint or information. LXXIV. And be it enacted. That all fines to be imposed under this How iipcuniary Act by either of Her Majesty's Superior Courts of Common Law at penaitiei! stiaii" be Toronto, or by any Court of Assize, Nisi Prius, Oyer and Terminer, p^S*""'^'*'^ Gaol Delivery, Sessions of the Peace, County Court, or Recorder's Court, shall be levied and applied in the same manner as any other fines imposed by the said Courts respectively, and that all other penalties iiereby enacted (for which no other remedy is given) shall, on convic- Itiou of the offence, before any Justice of the Peace, within his jiarisdiction, be levied, unless such penalty be forthwith paid, by distress land sale of the offender's goods and chattels, by warrant under the hind [and seal of such Justice, who is hereby authorized to hear and examine [witnesses on oath or affirmation on any complaint, and to determine the ^iame, and to mitigate the penalty, if he shall see fit, to the extent of Miiigatio;i of iihe moiety thereof. And all penalties, the application whereof is not P«'mity where no ein particularly directed, shall be paid to the complainant; and for nli^aM.^^'^"""^' Iiraiit of sufficient distress, the offender shall be committed by warrant, commitii for lander the hand and seal of such Justice, to the Common Gaol or House nou-payment. ki Correction, for such term not exceeding six calendar months, as s'lch [jastice shall think proper, unless such penalty is sooner paid. LXXXI. And be it rinacted, That the Selectors of Jurors, for every [selection and distribution of Jurors and the Report thereof made by liem under this Act, shall be entitled to the sum of five shillings for [every one hundred names on the Assessment Roll or Assessment Rolls lithe City, Town, Village or Township lor ihu year in which such leleclion of Jurors shall be made, and the City, Town, Village or Town- [fhip Clerk, to the farther sum. of two shilliiiijs and six pence for every Inch one hundred names for bringing the said Assessment Roll or llssossment Rolls with him to the meeting of such selectors as required iv the eleventh section of this Act, such moneys to be paid to them respectively, by the Treasurer of the County or Union of Counties for [which such Jurors are to serve, out of anv moneys in his bunds belona;- Allowan "08 lor servicos uiilir Uiis Aci. 304 jurors' act, 1850-51. Selectors. Clerks of the pcnen, aiii ot' rceorJcr's courts. Phrriira, high baililfs, &u. Uow paid. ing to such County or Union of Counties not othorwi.'^e specially .ippropriiited by Act of Parliaoieiit, and which money shall be paid by such Treasurer to every such Selector of Jurors upon receipt of a certi- /ioale from the Clerk of the Peace for .such County or Union of Counties that such Report had been duly made to him within the lime for that pr - pose prescribed by this Act, That llie Clerk of the Peace of every such County or Union of Counties, and the Clerk of the Recorder's Cosirt of every City in which a Recorders Court shall have been e.'^tablished, shall be entitled lo thefollovvingsiunsof money for the respective services per- formed by them under this Act, that is to say : For receiving and examia- ingthe Report of Selectors for each City, Town, Village and TowiLship, causing any deficiency whioli may be found therein to be supplied, and fyling the same in his office Three Shillings and Nine pence ; — Forgivintr certificate to Selectors of Jurors of Repoit having been made Two Siiil- lings and Six pence ; For preparing in proper form the Jurors' Rook and superintending the making up of same (besides actual disbursements for Stationers' charges) each Thirty Shillings; — For arranging alpha- betically and in order, the names contained in Selectors' Repoils per one hundred names Fifteen Shillings ; — For making up Jurois' Books, entering all the names and numbers, and all the other matter required to be entered therein, per one hundred names Fifteen Shillings ; — For each copy of the Juror's Book required by the Act, per one hundred names Fifteen Shillings: — For preparing on cards the ballots for Jurors, to correspond with nuiribers in Jurors' Book per one hundred names Two ShilliiiKS and Six pence ; Foreach certificate required lo be entered in Jurors' Book to verify same Five Shillings; — For ballotting and entering each Jury List, per one hundred names Thirty Shillings; — For each copy of Jury List requiretl to be entered, per one hundred names Fifteen Shillings; — Foreach Panel of Jurors drafted from the Jury List, per one hundred names on such Jury List Twenty Shillings : — For entering each Panel in the Jurors' Book, with the numbers corresponding to the Jury List Ten Shillings ;— For making up aggregate Return in detail of Jurors Forty Shillings ; — For copy thereof and transmitting same lo Provincial Secretary when required, and for Office copy of same, each Twenty Shillings; — That the Sheriff, High Bailiff or other Officer of every such County, Union of Counties or City, shall, exclusive of such Fees as he may be entitled to from the parties in any suit, be entitled to the following sums of money for the respective Services per- formed by them under this Act, that is to say: For each Panel of Jurors, whether Grand or Petit, returned and summoned by him in obedience to any general Precept for the return of Grand or Petit Jurors for any Sittings or Sessions of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery, Sessioiis of the Peace, or County or Recorder's Court, respec- tively, under this Act Twenty-five Shillings ; — For copies of such Panel to he returned into the Offices of the Superior Courts of Common Law at Toronto, each Five Shillings ;— For every summons served upon the Jurors on such Panel the sum of Two Shillings and Six pence ;— .\nd for every certificate given to any of such Jurors of his having served, to evidence his exemption from serving again, until his time for doing so shall return in its course, the sum of One Shilling and Three pence; — And in the case of the SheritTs of Counties, the further sum of Sixpence for every mile that he or his Deputy or Bailiffs may necessarily and actually have had to travel from the County Town for the purpose of servinix such sunimonses. And that tho Crier of every such ('ourt of Quarter Sessions or Recorder's Court, shall, for making the proclama- lions, calling tho names of all those drawn in the course of ballotting such Jury Lists, and performing all other duties required of him under this Act, be entitled to the sum of Fifteen Shillings ; — For every one hundred names so drawn : Which several sums shall be paid by the (1) Hneioter liOo ;ibliiihe(l, shall '''lie "aiil Hunis to lie r:llou('il \>j tT":>-i'tnrs in thilr JURORS* ACT, 1660-51. Treasurer of such County or Union of Counties or by the Chamberlain of such City, as the case may be, to «uch Ofiicers severally, out of any moPMys in liis hands I'-lnuffing to sucli Cuunty, Union of Counties or City respectively, not olh> r\vi?e specially appropriated by Act ot Par- liament, npon proof by aflldavit made b^fnre some Commissioner for taking atlidavits in sornK ome of Her Majiisty's Superior Courts of Com- mon Law at Toronto, for such County or Union of Counties, of such several services having been executed 'ind of such travel haviiijz been so necessarily performed in the service of such .suuiinonses. For all which moneys solo be paid as aforesaid, every such Treasurer and Chamberlain shall be allowed in his accounts with such County, Union accmuts of Counties or City, as if the same had been paid umler the special authority and direction of the Municii)al Corporation of such County, Union of Counties or City respectively : Provided always, nevertheless, That in all such cases when there shall be more than a hundreil or an even number of hundreds of such names, if the broken number beyond such hundred or hundreds shall fall short of fifty mimes, the same shall not be reckoned, and if such broken number shall amount to fifty names or upwards, the same shall be reckoned as a full hundred, but in ail cases of there being alto-^ether less than a single hundred, trie same shall be reckoned as a full hundred. REPORT OF THE SELECTION AND DISTRIBUTION OF JURORS. For the Township of Albion (or for the ward of St. James, in the City of Toronto,; in the County of York, for the year 1851, made at the Jown (or City; Hall of the said Township {or City,) by A. B. Townreeve (or Mayor,) C. D. Town (or City) Clerk, and E. F., G. H. and 1. J. Assessors of the said Township (or Ward,) on the day of in the year 1850. pursuant to the directions of the Act of Parliament of Cl) FIRST DIVISION For the Roll of Grand Juror* to serve in Her Majesty'- Superior Courts of Criaiinal Jurisdiction. SKCONil^ DIVISION For the Roll of Grand Jiirorf< to serve in Fler Majesty's Inferior Courts of Crimin.il Jurisdiction. Namcj. No. of Lot or House, where known to the Selectors. tJonccssiou or Street, or Unincorpo- rated Vitlagf or Harniet, where known to the Selectors. Additioni. Names. No. of I-ot or House, wher« known to the Selector!. Concession or Street, or Unincorpo- r.ited Village or Hamlet, here kno n to the Selectors. Additioni; John Anderson. . Peter Cameron. . Vv'm. O' Leary. . . Alfi-ed Piper . . . &c. 16 4 17 2 6 OaUandi. 1 Esquire. Yeoman. Gentleman. Esquire. William Adams. Richard House. . Jacob Wyse . . . Allan Thomas . . &c. 9 I 21 4 5 1 5 Gentleman. Yeoman. Tailor, lisquire. THIRD DIVISION For the Roll of Petit Jurors to serve in Her Majesty's Superior Courts of Criminal Jurisdiction. FOtURTH DIVISION For the Roll ot Petit Jurors to serve in Her Majesty'^ Inferior Courts of Criminal Jurisiiictioii. Names. No. of Lot or House, where known to the Selectors. Concession or Street, or Unincorpo- rated Village or Hamlet, where known to the Selectors. Additions. Names. No. ofliOt or House, where known to ttoe Selector!. Concession or Street, or Unincorpo- rated Village or Hamlet, where known to th? Selectors. Additions. Darld Boothc . . . George Sullivan. Nathan liOwe. . . Henry Grace. . . 11 3 6 24 7 4 1 7 Merchant. Esquire. Shoemaker. Yaoman. George (iule. . . Samuel Jones. . . Wra. Carpenter. ThM. H.Rogers. &c. 7 15 7 11 8 3 2 1 Tailor. Yeoman. Esquire. Gentleman. We, the above-named Selectoi « of Jurors for the Township of Albion (2) do hereby (1) Here inwrt tbe year and c!»pter. (2) Or u the eaae may he. -1 306 JITRORS' PAYMENT ACT, 1851. solemnly declare, each severally for himeelf, that we have made the Selection and Distribution ot Jurors in this Report from the Assessment Roll of the said Township for the present year to the best of our judonient and information, pursuant to the directions of the Act of Parliament of (1) and that we have so made the f-wtne vvith.our fear, favor or affection of, lo or for any person or persons whomsoever, g lin, reward or hope thereof, other than the fees to vrhtch we are entitled under the provisions of the said Act of Parliament. WiiHess our Hands and Seals, the day and year last above wiitten. A. B. [L. S.] Townrreve. C. D. [L. S.] Totvn Cletk. E. F. [L. iS.] Assessor. . G. H. [L. S.J Assessor. I. J. [L. S.j Assessor. JUPtOliS' PAYMENT, 185 1. Allowatice to Petit Jurors at- tending certain ^Courts. ProvifO : false declaration to forfeit allowance. Pioviso. Shtrifflo make a Tiiy Jjisi for I'eut iuhta. And to transmit t to Treasurer. Treasurer to pty the Juror J. 14 ii- ] 5 VIC, CAP. 14. An Act to provide Jor the payment of Petit Jurors in Upper Canada. [2d August, 1851.] BE it enacted by the Queen's Must Excellent Mfijesiy, &c., That every Pelit Juryman acluaily allt^ndingany of the Courts of Assize and Nisi Prius, Oyer and Terminer, General Gaol Delivery, General Quarter Sessions of the Peace, or County Courts in Upper Canada, shall be entitled to receive a.\d be paid, in the manner hereinafter provided, the sum of Five Shillings per tiay, for every day he shall attend such Court, and the sum of Si.K Pence per mile for every mile he shall neces- sarily travel from his place of re;«ulcnce to the said Coiirl, or such other sums as any County Council shall by By-law from time lo tiirio fix and determine, aiid that the distance shall be ascertained by the tieclaration of the SheritFs Baililfsumrnoning such Juror, or by the dtclaralion of the Juror him.self : Provided always, that any false declaration respect- ing the distance of such party's residence, shall forfeit the right of every Juror making such false declaration to receive any paymtuit for travel- ling or alteniling such Couit as Juror; and provided a!so, that no Petty Juror shall be entitled to any fee or allowance other than is provided by thi.s Act. II. And be it enacted, That it shall be the duty of every Sheriff lo make a p;iy list for the Petit Jurors summoned toaiieiul the "saiil Courts, in the f(i!in set forth in the Scheilule to this Ac!, and to attend or cause some Oiiicer lo attend al the opening of the said Courts, on the morning of every day such ('ourt shall sit for ihe trial of causes by Jury, and upon the Jurors being called over, shall chock and mark the word *' prc'^enlj" or " absent," as the case may be, in the proper column ot such list oj)po3lte the name of every Juror, and on the last day of Ihe sitting of such Court shall certify and return to the Treasurer of the County the said pay list. III. And be it enacted, That the said pay list, checked and certified as aforesaid, shall be a sufficient authority for the Treasurer to pay to each Juror the sum to which he shall appear entitled, as certified by such list, and it shall be the duty of the Treasurer forthwith to pay every Juror the sum so appearing due to him on such list. DUits of Assize verj', General jurors' payment act, 1861. IV. And be it enacted, That every Sheriff shall be entitled to receive from the Treasurer of the County of which he is Sheriff such surjii for each pay lint, and such sum per diem for checking the same every day at the opening of the Court, and for certifying and returning the same to the Treasurer as the County Council by Uy-law shall determine ; Provided always, that the County Court and General Quarter Sessions shall be one Court for the purposes of this Act, and the duty of calling over Jurors at the opening of the Court daily shall be performed by the Clerk of that Court, whether County Court or Quarter Sessions which shall first be opened. V. And be it enacted, That it shall be the duty of the Marshal or Clerk of Assize, the Clerk of the County Court or Clerk of the Peace, as the case may be, at the opening of the Court, and before any other business is proceeded with, to call over the names of the Petty Jurors, that the Sheriff or his Officer may check who are present or absent. VI. And be it enacted, That every Juror not appearing when so called shall not be entitled to any pay for the day on which he makes default in appearing at the opening of the Court, and shall, for every default he shall make during the day, be liable to such a fine as lo the Court shall seem meet. VII. And be it enacteJ, That to the Clerk of Assize for every County there shall be paid, with every record entered for trial or assessment, the sum of Fifteen Shillings, and to the Clerks of the several County Courts the sum of Seven Shillings and Six Pence, which sums shall forthwith be paid over to the Treasurer, and shall form part of the fund from which Jurors shall be paid as liereinbefore provided: Provided always, that no Record shall be entered for trial or assessment unless the sums before mentioned are paid. VIII. And be it enacted, That in all criminal cases in which by law the party prosecuting or the party prosecuted s'^^ll be liable to pay the costs of the prosecution, it shall be the duty of the Officer of the Court, to charge against and receive from the party so liable the sum of Fifteen Shillings, over and above that to which by law he was heretofore liable, which sum shall form part of the fund for the payment of Jurors, and shall forthwith be paid over by the Officer receiving it to the Treasurer of the County in which the piosecuiion is carried on. IX. And be it enacted. That all fines and {penalties imposed upon and levied in the several Counties in Upper Canada, not payable to the Receiver General, and all fines upon Jurors for non-attendance levied in such County, shall henceforth be paid to the Treasurers of each of the said Counties respectively, and shall form part of the fund for the payment of Jurors under this Act. X. And be it enacted, That the several County CoiinciI.=5 in Upper Canada are hereby authorized to rai^e and appropriate such sum or sums of money as in their judgment shall be sufficient to pay the Jurors according to the terms of this Act, in c.ise tl>e sums appropriated by this Act shall not be sufficient to pay the said Jurors. XI. And be it enacted, That the several County Councils are hereby authorized by By-law, in their discretion, to provide for the payment to Grand Jurors, either at the Courts of Oyer and Terminer and General Gaol Delivery, or at the General Quarter Sessions, out of the County funds, such sum per diem as they shall deem reasonable. XII. And be it enacted. That the foregoing clauses of this Act shall not be in force in or apply to any County in Upper Canada until the County Council of such County, desirous of availing themselves of the provisions of this Act, shall appropriate such a sum of money as will in 307 AUowancas to Stierlff*. Proviso. List of Jurors to l>e called over daily, when Court opekf. Jurors no' attending to be tinud. Bums to be paid Willi recofd when entered for trial. Proviso. The like in criminal cases, wliere either party is liable to pay costs. Certain fines to go towards pay- ment of Jurors. County Councils to provide funds for paying Jurors. County Councils may provide for payment of Grand Jurors. A«t not to applf to Counties not providiDg such fund. 308 Comity'rri'aBiirrr to iiDlity Sliprill', vrlifii tuiids arc IirovidfJ, ito. Court mny order ri-cords Ui lie Mllfrcil, to 100. anil 223 ami 221, ante.] 14 &• 15 VIC, CAP. 12 3. An Act to amend the Act, intituled, An Ai to authorize the formntinn of Joint Stock Companies for the comtrncli'm of Roads and other Works in Upper Canada, and to extend the provisions thereof. [30lli August, 1851.] 'HKREAS it is expedient to amend thn Act passed in tlie second w . , iSt.'ssion of the third Parliament of this Province, intituled. An Act to authorize I lie formation of .Joint Stock Companies for the construction of Roads and other works in Upper Canada, and to extend the provisions thereof to other objects : Be it therefore enacted, /vie, That the Seventh a;id Sixteenth Sections of the said Act be repoahxl. II. And be it enacted, That if at any time aftarthe formation of any such Joint Stock Company, the Directors shall be of opinion that il would be desirable lo extend or alter the projected line of road, — to con- struct any side roads to intwrsect the original main roads, — or that the original capital subscribetl will not be sutficienl to complete the work contenipiateil by such Company to b^ executed or lo be extended or altered, il shad and may be lawful for the said Directors, under a Reso- lution to be passeil by them for that purpose, either to borrow upon the security of the said Company by llond, or Morigaire of the Road and Tolls to be collecl.id thereon, a sufficient snni of money to complete the same, or to aLilliorize the subscription of sucli number of additional shares as shall be namtul in their Resolution, a copy whereof, under the Hand of the Presi.lent a;)d Seal of the Company, shall be engrossed at the head of the subsfniption Ii>t to b3 opened forsubscribers to the additional number of shc,res thereby autliori/ed to be sub^^cribed ; and that when such a number of new shares shall liavo been subscribed as the Directors shall deem it de.-irable to have registered, the President shall deliver such now list of i^ubscribers to the Register having the custody of the oriirhial Instrume'it, who shall attach such new list of subscribers there- to, which shall tlienceiorth be held and taken to be part and parcel of the saitl Inslrnment ; and all the subscribers thereto, and those who may thereafter enter their names as subscribers thereon, with the; consent of such Directors, to be signified by producinga receipt from (lie Treasurer of such Company, that the parson desiring to subscribe to the said new stock list has paid an instalment of six per cent, on his sh?res, shall be Preambte. 12 Vict. e. 84. Pert. 7 Ac 10 rcjieaicJ. f'nse of any Company ■wWn- in;; 10 extend their works provideJ fur. RoTOwing money. New Stoclt. RcfriK'ry of new sul^acriLcfi;. TlifihtB and III - ljiiii.ii»c of new BubBcribers. 312 Rates of toll limited. Tolls to be refru- Jated by the next preceding section. Provisions of the •amc how to apply. Proviso. Materials to l)e UHi.Hlin the con- struction of Roods. The »lth clause of \'i Vict. 0. — to extend to all incorporated TurAi>ike Koad Doiupauies. ROAD COMPANIES AMENDMENT ACT, 1851. subject to all the liabilities, and entitled to all the lights, benefits, privilegfes and advantages to which the original subscribers shall thenceforth be entitled, and as well to the tirst line of load as to any extension thereof as aforesaid, and which the said Companies are here- by authorized to construct, and which shall ther^eforth be considered as part and parcel of the orijiinal line, and such additional shares or Stock shall and may be called in, di^niaiuled and recovered in the same manner and under the same penalties as is or are or may be provided or authorized in respect of the original Shares or Stock of any such Company. III. And be it enacted. That Tolls may be taken by any such Com- pany at each lime of passing each gate upon any road constructed by such Company for any portion of such Road on either side or on both sides of such gate not being more than halfway to the next gate, or gates on the same Road, if any, and not exceeding five. miles in the whole, or for the whole of such Road, if the length thereof do not ex- ceed five miles, and there be only one gate thereon, at the followinij rates per mile, that is to say: for every vehicle, whether loaded or otherwise, and for the horse or other beast, or one of the horses or other beasts drawing the same, one penny ; and for every additional horse or other beast drawing any such vehicle, one half penny : for every horse and rider, one half penny ; for every led horse, one half peiuiy ; for every score or number le>s than a score of sheep, swine or neat cattle, one halfpenny : Provided always, that anv Company may in their dis- cretion charge a greater or less toll according to the weight or quantity drawn by each team, not exceeding however the above rates of toll in any case. IV. And be it enacted, That the tolls to be taken or levied by any Company formed or to be formed under the said Act cited in the pre- amble of this Act as amended and extended bv the Act of the Parliament of this Province, passed in the Session thereof held in the thirteenth and fourteenth years of Her Majesty's Reign, chaptered fourteen, and intitu- led. An Ad to extend the Ads for the formation of Companies for con- structing Jioada and other works to Cotnpan'us formed for the purpose of acquiring Public Works of like nature, upon any Road granted or transferred to such Companij under the authority of the said Acts and the Act passed l)ii the Parliament of this Province in the Session thereof held in the twelfth year of Her Majesty's Reign, chaptered Jive, and intituled, ' An Act for the ' better management of the Public Debt, Accounts, Revenue and Property,' shall be regulated by the next preceding section of this Act, all the provisions of which section shall apply to every such Company and Road : Provided however, that lower rates of toll upon any road here- after transferred under the said Acts, may be fixed or established in the Order of the Governor in Council transferring the same to any such Company. V. And be it onacled, That any Company now or hereafier to bo formed under the provisions of the said in part recited Act and this Act, for the construction of any Turnpike Road, may in their discretion form the same in part or in whole either of metal, timber, charcoal or any other suitable material for constructiiiir a firm, substantial and smooth surface, whetlierthe material be mentioned in the registered Instrument of Incorporation or not. VI. And be it enacted, That the provision contained in the thirty- fourth clause of the said in part recited Act, passed in the twelfth year of Her Majesty's Reign, shall extend to all Turnpike Road Companies chartered by any other Act of the Parliament of this Province, in the same manner as if the said thirty-fourth clause had been and were part ROAD COMPANIES AMENDMENT ACT, 1851. 313 of the said several Acts respecliveiy incorporating Road Compaiiies in Upper Canada.. VII. And bo it enacted, That if any Arbitrator named by any parly according to the provisions of this or the said in part recited Aci, shall refnse or nejileot to take upon liiin the ckilies thereby imposed, it shall be lawful for the Jndiid of the County Court, c^s provided by the said Act, to nominate a Councillor, as therein also provided, to act la the place of SMch Arbitrator so r-'fnsing or nei^lectinif as aforesaid, and that every Arbitrator so appointed by tlie Jiidircvof the County Couit as aforesaid, shall and he is hereby rer; 'red to hear and determine the matter to be submitted to him with all convenient speed after he shall have been so nominated as aforesaid. VIII. And be it enacted, That if any vacancy or vacancies shall at any time happen amongst the Directors of any of the said Companies during the current year of their appointment by death, resignation or permanent residence without the County or Counties in which the Road is situated in respect of which such vacancy or vacancies shall occur, or by any other cause, such vacancy or vacancies shall be ''lied up for the remainder of the year in which they may so happen, uy a person or persons to be nominated by a majority of the remaining Directors, unless otherwise provided by some By-law or Regulation of the Com- pany in which such vacancy may occur. IX. And be it enacted, That it shall and may be lawful for any two Companies formed for the construction of Roads, which may intersect or be contiguous to each other, to unite and form one consolidated Com- patiy on sucli terms as to them may seem meet. X. And be it enacted. That no Company to be formed under the provisions of this and the said in part recited Act, shall commence any work until ten days after the Directors shall have served a written notice upon each Municipal Councillor or at the Dwelling House of each Councillor for any Township through which such Road or other work shall be intended to pass or be constructed. XI. And be it enacted. That any Instrument or Receipt required by the said Act in the preamble of this Act mentioned, or by ihis Act to be registered, which hath been or shall be made, executed or entered into for the construction of any Road or other work situated or being or intended to be made partly in two or more Counties, shall be considered well registered in pursuance of the said Act and of this Act if the same hath been or shall be registered with the Register of any County in which such Road or other works shall be partly situated or intended to be made. XII. And be it enacted, That the first year mentioned in the sixth section of the said Act, cited in the preamble, of this Act, during which the affairs of any such Company shall be managed by Directors named in the Instrument, in such section referred to, snail terminate with the last day of December next, after the formation of such Company, in respect of every such Company, as shall have been formed during the present year or shall bo hereafter formed, and that the term of oflice of the present Directors of every such Company, as shall have been formed previous to the present year, shall expire with the last day of December next, and the Directors of every Company formed or to bo formed under the authority of the said Act and of this Act, shall be annually elected to serve after the expiration of the term of oliice of the previous Direct- or«, for one year, commercing with the first day of January, and such annual Election shall take place according to the provisions of any By- law, which the Directors of the Company for which such Election shall be held, shall have passed or shall from time to time pass for the regu- ll arliiirator re- cuse or iic^'lPi'l. to |itrri)riii(lniiC8, who iJlinll ;ict in liib place. V.icancii's occiir- riiK' .'iiiioii<»st Direeturs how to be lillcd up. Whcr. two com- priBieanmy unite, and he Ibrined into Olio. Notice to l>e served prior to ooini)any cotn- ni'-ni-iiig any work. Certain Inrtni- nicntpor Rectini- witli wlioiii to be registered. Ad to when the first year men- tioned in the Uih aection of tlie iinid act cited in ih-j preamble of Ihia act, shall termi- nate. Term of off ce of the prcBcnt Directors. Directors tc be annually eiccied. Kicction how to take place. 314 rroviso: Direct- ors to continue in otFicc till next election. SALE OP PUBLIC WORKS TO CORPORATIONS, 1849. lation of the annual Election of the Directors of such Company not iiiierfering with the qualification of volers mentioned in the said sixth section : Provided however, that if the annual Election of Directors lor any such Company, shall for any cause not take place regularly at the time appointed, such Company shall not thereby be dissolved, but the Directors thereof for the time being, shall in thai case continue to serve until another ElRction of Directors sshall be held, which, in such case, shall take place at sucii time as shall have been or shall be provided for by any By-law passed by the Directors of such Company for lh^.^ purpose. SALE OF PUBLIC WORKS TO CORPORA- TIO^■S, 1849. ^ "^■>>. "N-'V^". "NiA^N*^.*, "^ • 12 VIC, CAP. 5. Oovcrnor in Council may ar- range for tlic tranafer ol"cort.iin I'ublic Works to I Ik; local auttiori- tics. Transfer to lir rfrectcil by ortior in council. What provisions rtuch orlor in Council may con- tain. Revocation or alteration thereof alloweil Willi cotiRCiit of gran- tee, &c. An Ad for the belter managemmt of the Public Debt, Accounts, Revenue and Pvoptrty. t25th April, 1849.] XI T. And be it enacted, That it shall be lawful for the s.iid Governor in Cijuncil to ent(3r into arrangements with aiiy of the Municipal or District Conncils, or other Local Corporations or Authorities, or with any Company in Lower or I'pper Canada, incosporated for the purpose of cniLstiuctiiig or holdiriLr such works, or works of like nature in the same! section cF the Province, for the transfer to thetn of any of the Public i{oads, Il^irbanis, l{ri(if;res or Pnuiic Bnildiiiirs, which it m.ay be found more convenient lo place under the management of si:cli jocal Authoiilies or Companies, and on the completion of such ainiayements, lo ^lant (and by .«;o granlinir, to transfer and convey) for ever, or fur any term of years, all or any of such Roads, Harbours, Bridges ur Publip Buildings, to the District or Municipal Council, or other Local Authority or Company with whom such ari'fumenient may have been made (here- inafter called the Grantee,) and upon sucli torms and conditions as may have been agreed upon, and that all monies payable to the Province under the terras of any such grant, shall be carried to the credit of the Sinking Fui.d and form part thereof. XIIL And be it enacted. That any such grant, a* aforesaid, of any of the said Public Works, may be made by Order of the Governor in Council, published in the Canada (Jazelle ; and by such Order, any or all of the poweis and rights vested in the Crown or in the Governor in Council, or in any Ofiicer or Department of the Provincial Government, with regard to the Public Work thereby crranted, may be granted to an({ vested in the Grantee to whom the Public Work itself is thereby granted ; and such Order in Council may contain such conditions, clauses, restrictions and limitations as may be agreed upon as aforesaiil, which, as well as all the provisions of such Order in Council, shall (in fic far as they shall not be inconsistent with tliis Act, and shall not purport to grant any right or power whicii shall not bo immediately before the making of such (^rder in Cunnr.il vested in the Crown or in the Governor in Council, or in some Otiiceror Department of the Pro- vincial Government,) have full force and shall be obeyetl, as if they liad been contfdneil in this .Act, and had ma''e part of the enactments thereof; and any such Order in Council may, with (he consent of the GrantfiP, be revoked or amended by any subsequent Order in Council piibliohud us aforesaid ; and a copy of the Canada Gazette containing olved, but the ROAD COMPANIES ACT EXTENDED, 1850. 315 Evidence of such order. any such Order in Council shall be evidence thereof, and tha consent of the Grantee thereto shall be presumed unless disputed by such Graii- lee, and if disputed, shall be proved by any copy of such Order in Council on which the consent of the Grantee thereto shall be written and attested by soch signature or seal, or both, as would be sufiicient to make any Deed or Agreement the Deed or Agreement of such Grantee : Provided always, that nothing in this Act or in any Order in Council to Proviso ai to be made under it, shall be construed to exempt any person from any pouaities for • I . ,. • 11 » f 1 I lU olFenses relativo punishment or penalty imposed by any Act or J^aw, or under the to Public Works. authority of any Act oi Law, for any offence relative to any Public Work or Works, but so much of any such penaliy as would otherwise belong ;o the Crown, shall, if it be so provided in the Order in Council, belong to the Grantee under such Order, otherwise it shall belong to the Crown, but this shall not prevent the repeal or alteration by the Grantee, of any such penally imposed by the Governor in Council under the authority of any Act, if the power to repeal or alter the same be transferred in the manner aforesaid to such Grantee, or by the Governor in Council with the consent of the Grantee, if such power be not so transferred. ROAD COMPANIES ACT EXTENDED, 1850. 13 &• 14 VIC, CAP. 14. An Act to extend the uictsfor thr formation of Companies for constructirg Roiids and other IVorks, to Companies fur'xcd fur ilie purpose of acquirin'^ Pubiic Uorks of like nature, [•24lh July. 18.50.] WHEREAS it is expediont to extend the benetil o{ the Acts here- inafter meniinned, to Companies to be formed for tiie purpose of acquirir!^ and hoMing Public Works, or property under the provisions cif the Act antliorizing the transfer of such work.s or property to any such Con>pany or to other parties tliert'in tiesignaled : Be it therefore enacted by the Queen's Most Evcellenl Maje.sly, &c. 'J'hat, subject to the provisions of this Act, the Act passed m the twelfth year of Her Majesty's Reiofn, and intituled, An Act to authorize the formation of Joint Stock Companies for the co'tstruction of Roads and other IForks in Upper Canada, and of the Act pa.«.«rid in llio year last ai'oresaid ami intituled. An Act to aufhoiize the formation of Joint Stock Companies in Jjowcr Canada, for the construction of macadamized Roads, and of Bridges and other H'^or/iS 'if /lArc na/nn;, shall be and are hereby extended and shall apply to any Company to be lormed for the purpose of acquirin;; for ever or for any term of years, any of the Public lioad.s. Harbours, Bridges or Public Buildings which may be lav/fully transferred to any such Com- pany under the Act passetl in the year last al'oresaiil and intituled. An Act for the better management of the Piddic Debt, Accounts^ Revenue and Propcrtij, or for the purpose of so acquiring and of improving or extending (or both) any such Public Work, as fully and effectually as if such purpose were expressly enumerated in the said Acts lirstiy anil secondly inenfioned respectively, among the puiposes for which Companies may be formed under iho same, the form of the in,«, an;! la Vic. cap. i-1, extended Ko compaiiici Jbniiud for pur- cha^iini; public worl-:3 under 12 Vic. cap. J. Proviso ; Blicll compaiiicji not liable to certain proviiioni of Ibe said Auti. 31G Proviso": certain srciions of ibe B.iid Acts to apply. What shnll tie the iiiHximuin Tolls to he taiy the Crown into possession of any Public Work on the tlelault of such Company or Corporation to peiform the conditions agreed upon, and to the vestinir in any SlierilT power to give possession of such Public Work to any Public Olticer for the Crown, on any wnnant under the hand and seal ot the (lovernor to be addressed to such SlierifF, reciting such default and coinniariding him to give possession to such Ofiicer for the Crown as aforesaid : and that no enactment to bo made (cr the purpose of enforcing the provisions of any such Order in Coiwicil as al'oresaid, shall be deemed an infringe- ment of the rights of the Company or Municipal Corporation to which it shall relate : but nothing in this section shall prevent tlie enforcement of the rights of the Crown in any legal maniiei not inconsistent with the provisions and conditions of any such Order in Council as aforesaid. Js-V. Provided alway.'^, and be it enacted, lirstly. That no Road, Bridge or Public Work shall be transferred to any Conipatiy without the reser- vation of power on the part of the Government to resume the same at any time after the expiralion of a period which shall not exceed fen 317 Orili-r in rotincil trniisferriim iitiy public- work may e-iiond to ccriniii iiiatturB. Proviso : certain povvefH to be reacrved, &c. rrring Proviso : security to be taken. Proviso : condi- tion tliiit ttie work shall be Kept in complete repair. years, on conditions to be embodied in the order in Council ir: it: and no such Road, Briilge or Public Work shall be leased to any Company for a longer period than tfti years : Provided always, secondly, That no Road, Bridge or Public Work shall be sold or leased to any Company unless security, real or personal, shall have been given to tho satisfaction of the Governor in Council, for an amount ecjual to ten per centum of the actual value of such Rond, Bridge or Public Work in case of sale, or on the estimated value of such Work in case of lease, and such security shall be forfeited to the Crown in case of non-com- pliance with the conditions of such sale or lease: Provided always, thirdly, That in every instance one of the conditions of the sale or lease of any Road, Bridge or Public Work shall be, that such Work shall be kept in thorough repair, and that for all the purposes of such contract, sale or lease, ihe sufficiency of such repair shall be ascertained and decided on by such Engineer as shall be appointed to examine the same by the Commissioners of Public Works in this Province. MUNICIPALITIES PURCHASING WORKS, 1851. ^ 1 4 i^ 1 5 VTc^, CApTbl. An Act to remove dovht as to Municipal Corporate Bodies acquiring Public Works without the limits of suck Municipalities. [30th August, 1851.] WHEREAS in and by an Act passed in the twelfth year of Her Majesty's Reign, intituled, An Act for the better mana^-menl of the Public Debt, AccountSy Revenue and Property, it is provided. That it M^d'*^ *^" '' Preamble. 318 Corporations em- powered to ac- quire public roadd, &c., be- yond liniitf. Penalty for dam- ages to Uie ruad. Fines, Ice, how levied. Tersons evading payment cf tolls liQvv fined. Tines, &c., to whom jiaid. Corporations Iniiiiid to repair road. ^ MUNICiPAUTIES PURCUASIiNG WORKS, 1851. shall be lawful for the Governor in Council to enter into arrangements' with any of the Municipal or District Councils, or other local tJorpora- tions or authorities, for the transfer to them of any of the Public Koads ! Harbours, Britlges, or Public 13uildings, which it may be found more convenient to pbce under the management of such District or Municipai Council, or other local authority ; And whereas it is doubtful whether under the provisions of the said Act, any District or Miiijicipal Council, or local Corporation or authority, could acquire any such Public Koada, Harbours, Bridges or Public Buildings situate beyond and without the limits of such Di.slnct or Municipal Council, or other local Corporation or authority ; And whereas it is expedient to remove such doubt : Be it therefore enacted by the Queen's Most E.vcellent Majesty, &c., That it shall and may be lawful to and for any Municipal Corporation, or other local corporate body or authority, to contract for, purchase, acquire and hold any such Public Koads, Harbours, Bridges or Public Buildings, which, in and by the said recited Act, could lawfully be disposed of whether the same be situate witiiin tl)e limits of such Municipal Cor- poration, or other corporate body or authority, or otherwise ; any thin" in the said recited Act to the contrary notwithstanding. II. And be it enacted, That if any person or persons shall cut, break down or destroy in any other way any of the Gates or Toll-houses erected on anyroad whereon Tolls may lawfully be taken, every such person so offending, and being lawfully convicted, shall be deemed guilty of a misdemeanor, and be punished by line and imprisonment ; and if any person or persons shall place or leniove any earth, stone or timber ori any such road, to the damage of the s^ame, or shall forcibly pass or attempt to pass any of the gates without having first paid the legal Toll at such Gate, such person or persons shall pay ail tlamage by him or them committed, and shall forfeit and pay a line of not more than Five Pounds, nor less than Ten Shillings, to be recovered before any Justice of the Peace of the County or United Counties, or Mayor or Chief Officer of any Chy, Town or incorporated Village in which such Toll Gate is situate. III. And be it enacted. That the fines and forfeitures authorized to be imposed by this Act, shall be levied and collected by distress and sale of the offf'uder's goods and chattels, under the authority of any Warrant or Warrants to be issued for that purpose by such Justice as aforesaid, or any other Justice of such County or United Counties, or Mayor or Chief Magistrate of any City, Town or incorporated Village in such County or United Counties, wUo is hereby empowered to grant the same. IV. And be it enacted, That if any person or persons shall, after proceeding on .such road, with any oi the carriages or animals liable to pa)' Toll, turn out of the same road into any other road, and shall enter the said road beyond any of the said Toll-gates, without piiyinc Toll, whereby such payment shall be evaded, such person or pi.;rsui>s sha.., for every such olfence, forfeit and jiay the sum of" Five Shillings, «o be recovered before any Ju.'tice of the Peace for the County or United Counties in which such road is situate. V. And be it enacted, That all fines and forfeitures collected jnder authority of this Act, shall be paid to the Treasurer of the local aithori- ties or Companies nwiiing the respective roads in respect of whici; such fines and forfeitures shall be impused, for the use of such local authoii ties and Companies respectively. VI. And bt! it enacied, That every such local corporate body or aclhority, sh;ill keep every such road in g((od atid .sufficient repair, and upon default thereof shall and may be indicted nt any Court of (ieneral Quarter Session.^ of the Peace or other Court of Superior Jurisdiction of any County or Union of Counties within or along the boundary of which 1851. .0 arrangements! r local Corpora,- e Public KoaddJ be found more ict or Municipal lubtfui whether,! uicipal Council,! h Public Roads, and without the ocal Corporation ich doubt : Be it 5ly, &c.. That it loration, or other ise, acquire and ibiic Buildings, be disposed of, Municipal Cor- viae ; any thing shall cut, break l-houses erected ery such person emed guilty of a ent ; and if any )tie or timber ori forcibly pass or id the legal Toll mage by him or . more than Five jfore any Justice or Chief Officer ich Toll Gate is authorized to be listress and sale of any Warrant ce as aforesaid, jr., or Mayor or llage in such rant the same. lis shall, after imals liable to iid shall enter ut paying Toll, pi.!r.*oi's sha.., Shillings, lO be uity or United oUected jnder local aMlhori- of whicr. such I local authoii )orate body or lent repair, and ourt of (General Jurisdiction of [idary of which SALES OF GOVERNMENT LOANS, 1850. such road shall bo out of repair, and upon being convicted, the Court before which such conviction shall be had, shall direct such local cor- porate body or authority to make the necessary repairs, for the want of which such prosecution shall have been commenced, within such time sjis to the Court shall seem reasonable ; and that in case such repairs shall not be completed within such time, the County Council ot the locality witiiin or along the limits of which the road may be situate in part or wholly, shall and may cause the necessary repairs to be made, and the amount expended on such repairs, together with twenty-five per cent, of increase thereon, shall and may be recovered from the corporate body or authority owning the road and so neglecting to make such repairs, by action of debt in any Court of competent jurisdiction. VII. And bo it enacted, That any person or persons .ippointed to collect Tolls at any Toll-gates in Upper Canada, who shall demand Tolls at a higher rate than is authorized by law, from any person or persons pass?tig through the same, or wilfully make any nnnecessary delay in opening the same, shall incur a penally of One Pound Five Shillings, to be levied in the same manner as other penalties imposed by this Act. VIII. And be it enacted. That this Act shall apply only to Upper Canada. SALES OF GOVERNMENT LOANS, 1850. 319 Penalty incurred for neglecting tbe aainc. Exactinj? unfair tolls jiunishQblo by fine. Act liinltnd. 13 .V 14 r/c, CJP. 71. An Ad to mablc the Provincial Governmf.nt to dispose oj claims against certain Companies for Loans made to them under the authority of ceHain Acts of the Porliament of Upper Canada. [10th August, 1850.J "HERE AS the Government of this Province, or that of the Province Preamble. ' of Upper Canada, hath at divers times, under the authority of of the Legislature of Upper Canada, advanced or paid sums of Acts for that CJovernor in coiiiicil niiiy money to or for Companies incorporated for the purpose of constructing canals, rail-ioads, harbors, roads and other workss and improvements of a public nature in Upper Canada, and such sums or part thereof, or the interest thereon or part thereof, remain due to the Province, and it is expedient to authorize the Provincial Government to dispose of the claim of the Province fur any such sum as aforesaid, to any parly who may be willing to purchase the sanir and upon such terms us miiy be agreed upon between the (}overiMneiit and such party: Be it therelore enacteil by the Queen's iVJo.-l Excellent Majesty, &;c. TJiat it shall be lawfu the Governor in Council, by any Order in Council to be made for purpose, to assign, translbr and convey to any Municipal Corporation, "SnV'wn- Ineoipurated Company or other party, who may agree to purchase the ies, nmihow. same, the claim of the Provincu for an} sum of money due from any Company or p; ly, and arising out of any such advance or payment as is mcnlioned in the preamble to this Act, on such conditions and with caich clauses, provisions and limitations as shall be mentioned in such Ordor in Council, including the undertakiiur «f any third party to become surely for the due payment of the consuieration luonoy, and the faithful performance of any conditions therein mentioned ; and any such Order in Council shall transfer to and vest in ihe party therein named for that purpose, all the rightsof the Crown in and to the debt or claim thereby intended to be transferred, and shall have effect according to the tenor thereof, as if the clauses, conditions and provisions thereof were in- 320 SPECIAL RATE FOR DEBTS TO CROWN ABANDONED, 1851. serted in this Act: and a copy of the Canada Gazette containing any such Order in Council, or any copy of such Order certilied by the Pro- Kviitence of Bucb vincial Secretary, shall be evidence thereof, and the consent and traiiBier. agreement of all the parties named therein shall be presumed, uulesg disputed hy such parties, and if disputed, ffhall be proved by any copy of such Order in Council on which the consent of such parties siiall bo written and attested by such signature or seal, or both, as would be sutiicient to make any deed or aLrreornent the deed or asrreement of such parties: and any ?.]unieipal Corporation in or through whose Munici- pality any snch public work or improvement as is mentioned in the preamble to this Act, may lie or pass, is hereby empowerinl to purchase any claim of the Province upon the same, and to raise by assessment the sum necessary to pay the consideration agreed upon. Miini':ipf>l rorpo- riilioiisnrn power- ed to putclijse. SPECIAL RATE FOR DEBTS TO CROWN ABANDONED, 1851. 1 f'fyT5'TTc77irApri2^7 In Preamble. Municipal Cor- porations ein- powcreil to con- tract debts to Her Majesty, in the purcliaso of Pub- lic Works. 177 sec. of 13 Vic. c— An Act to (inahlc Municipal Corporalion<; in Upper Canada to contract Debts to the Crown, in the purchase of Public Works, without imposing a Special Rate or Tax for the payment of the same. [30th August, 1851.] WHEREAS the Public Works which have been, or may be here-- after sold or transferred to MLinicipal Corporations in Upper Canada, yield large sums of money arising from tolls collected on the same, which the said Municipal Corporations may be desir'ous of applying towards the payment of the instalments of the purchase money of such Works and the interest thereon, as the same shall fall due, instead of being obliirad to impose or levy a Special Rate or Tax per annum for payment of the same, and it is therefore desirable that such corporations be at liberty to become debtors to the Grown for the pur- chase money aforesaid, without levying such Special Rate : Be it there- fore enacted, &c.. That it shall be lawful for any Municipality or Municipal Corporation in Upper Canada to contract any debt or. debts to Her Majesty, her heirs or successors, in the purchase of any of the public roads, harbors, bridges, buildings, or other public works in Upper Canada; and that any such Municipality or other Municipal Corporation may enter into, make and execute, all or any bonds, deeds, covenants, or other securities to Her Majesty, her heirs or successors, which such Municipality or other Municipal Corporation may deem fit for the payment of the amount of the purchase money of any such pub- lic work already sold or transferred, or which may be hereafter sold or transferred, or agreed so to be to such Municipality or Municipal Corpo- ration, and for securing the performance and observance of all or any of the conditions of sale or transfer; and may also pass and enact all necessary by-laws for any of the purposes aforesaid. And that all such by-laws, debts, bonds, deeds, covenants, or other securities shall be valid and effectual in law, and binding upon such Municipality or other Municipal Corporation to all intents and pui-poses whatsoever; although no special or other rate per annum be settled or imposed to be levied in each year, as provided in and by the one hundred and seventy-seventh section of an Act of the Legislature of this Province, passed in the twelfth year of Her Majesty's reign, intituled. An Act to provide by one General Law for the erection of Municipal Corpordtionsyana the estaUish- MUNICIPAL STOCK IN RAILROADS. 321 ment of Regulations of Police, in and for the several Counties, Cities, Towns, Townships and Villages in Upper Canada. II. Anil be it enacted, That it shall, nevertheless, be lawful for any such Municipality or Municipal Corporation, in any by-law to be passed for the creation of any such debts as aforesaid, or for the making or executing any such bonds, deeds, covenants, or other securities as afoiesaid, to Her Majesty, her heirs or successors, or in any other by-law to be passed by such Municipality or Municipal Corporation, to settle and impose a special rate per annum, of such amount as such Municipality or Municipal Corporation may deem expedient, over and above and in addition to all other rates whatsoever, to be levied in each year upon the assessed rateable property within the limits of such Municipality or Municipal Corporation, for the payment and discharge of such Debts, Bonds, Covenants, or other Securities, or some part thereof; and that every such B5-law shall be valid and effectual and binding upon such Municipality or Municipal Corporation, although the Rate settled or imposed thereby be less than is required by the said one hundred and seventy-seventh section of the last mentioned Statute : and that all and every the provisions of the said Act, or of any other Act passed or to be passed amending, varying, or repealing the same or any part thereof shall, except in so far as they are inconsistent with the previous provisions of this Act, apply and extend to every such By-law, and the moneys raised or to be raised thereby as fully in every respect as such provisions would extend or apply to any By-law enacted by any snch Municipality or Municipal Corporation for the creation of any Debt, or the negociation or raising of any loan, as provided in the said one hundred and seventy-seventh section, or to the moneys raised or to be raised thereby. Corporation may l)y By-law aetUu and iiiipoK a 81H:cial rate [jcr aniiuiu. Provisions of ttw said Act, bow to apply. MUNICIPAL STOCK IN RAILROADS. [Vide p. 163 and 164, and 221 to 223 ante.] 14 fy 15 VI Cf CAP. 51. Jn Act to consolidate and regulate the General Clauses relating to Rail-toays. [30th August, 1851.] ' XVIII. And be it enacted, That— Firstly. Municipal Corporations in this Province may subscribe for any number of shares in the Capital Stock of, or lend to or guarantee the payrnent of any sum of money borrowed by the Company from any Corporation or person, or indorse or guarantee the payment of any Debenture to be issued by the Company for the money by them bor- rowed, and shall have power to assess and levy from time to time upon the whole rateable property of the Municipality a sufficient sum for them to discharge the debt or engagement so contracted, and for the like purpose to issue Debentures payable at such times and for such sum respectively, not less than Five Pounds currency, and bearing or not bearing interest, as such Municipal Corporation may think meet. Secondly. Any such Debenture issued, indorsed or guaranteed, shall be valid, and binding upon such Municipal Corporation, if s-^r.^d or indorsed, and countersigned by such officer or person, and in such man- ner and form as shall be directed by any By-law of such Corporation, and the Corporation Seal thereto shall not be necessary, nor the observ- ance of any other form with regard to the Debentures than such as shall be directed in such By-law as aforesaid. Thirdly. No Municipal Corporation shall subscribe for Slock or incur any debt or liability under this Act or the Special Act, unless and until a By-law to that effect shall have been duly made, and adopted with Municipal corpo- rations may take stock. Debentures iBsued by tliem to be binding. Tlicy cannot subscribe for stoc>( unless By- lawH are made for that purpose. 322 Mayor, &c. to be «3 oj^cto a Di- rector in certain c:isa». TAVERN LICENSES AMENDMENT ACT, 1851. the consent first had of a majority of the qualified electors of the Mnni- cipality, to be ascertained in such manner as 8hall be determined bj the said By-law, after public advertisement thereof containing a copy of such proposed By-law, in.<«erted at least four times in each newspaper printed within the limits of the Municipality, or if none be printed therein, then in some one or more newspaper printed in the nearest City or Town thereto and circulated therein, and also put up in at least four of the most public places in each Municipality. Fourthbj. The Mayor, Warden or Reeve, being the Head of such Municipal Corporation, subscribing for and holding Slock in the Com- pany, to the amount of Five Thousand Pounds, or upwards, shall be and continue to be tx officio one of the Direoiors of the Company, in addition to the number of Directors iiuthorized by the Special Act, and shall have the same rights, powers and duties asuny of the Directors of the Company. Preamble. 12 Vict. c. ^1. r.irtofi:i&it Vicl. c. 7i, repealed. Prcjviso. Proviso. Brantfor.l nntl Buffalo Railroad saved. RAILROAD REPEAL ACT, 1851. [Vide pages 95 to lOD, lei and l&l, anil 311 to 314 ante.] 14^15 VI C^CAP: 121. An Ad to repeal so much of the Act. thirteenth and fourteenth Victoria^ Chapter Seventy-two, as relates to the construction of Railways. [30tli August, 1851.) WHEREAS it is expedient to repeal so much of the Act hereinafte mentioned as e.xtends the provisious of the Act passed in the twelfth year of Her Majesty'.s Reign, and intituled, An Act to authorise the formalion of Joint Slock Companies for the construction of Roads and other works in Upper Canada, to Kail-roads or Tram Roads: Be it there- fore enacted, &c., That so much of the Act passed in the session held in the thirteenth and fourteenth years of Her Majesty's Reign, and intituled, An Act to amend and extend the provisions of an Act passed in the twelfth year of Her Majesty* s Reign, iniitrded, * An Act to authorize the formation "' of joint Stock Companies for the construction, of Roads and other work* Hn Upper Canada,'' as e.xtends the provisions of the Act cited in the Preamble to this Act to Rail-roads or Tram Roads, shall be and is here- by repealed: Provided always, that nothing herein contained shall in any manner interfere or be construed to interfere with the rights that the Brantford and Buffalo Joint Slock Rail-road Corporation, or any person or persons or body corporate may have in any manner legally acquired, under the provisions of the said recited Act, repealed by this Act : Provided also, that nothing contained in this Act, or in any Acts passed during the present session, shall be construed to prevent the said Brant- ford and Buffalo Joint Slock Rail-way Company, or any other Company organized under the provisions of the Act hereby repealed, from pro- ceeding to carry on its operations or from e.vercisitig or enjoying or continuing to exercise or enjoy all or any of the rights, powers and privileges which such Company or Companies might have exercised or enjoyed if the said Act had not been repealed. TAVERN LICENSES AMENDM'T ACT, '51. [Vide pages tSo to 188, also pages 'iJS and 239, ante.] 14^15 VIC, CAp7i20. /\^V.^Vj'V/V/«i> \* Frcamblc. An Act to exphin and amend the Act of the last Session, intituled, An Jet to amend the Laws relating to Tavern Licenses in Upper Canada. [30lh August, 1851.) WHEREAS doubts have arisen as to the true intent and meaning of (he Act passed ia the Sessioa held io the tbirteeuth and four- TAVERN LICENSES AMENDMENT ACT, 1851. teenlh years of Her Majesty's Reign, iiitiliiled, An Act to amend the Laios rdative to Tavern Licennes in Upper Canada, which doubls it is exp«iiieiit to remove : Be it therefore declared and enacted by the Queen's Most Excellent Majesty, &,c., That it was and is the intention of the Act first above ciled, that the seventh and eic;hth sections of the Act of tht' Parliament of Upper Canada, passed in the sixth year of the lieign of ilis late Majesty Kin^r William the Konrlh, chaptered four, and intituled, An Act to repeal and amend certain parts of an Art passed in the thirty-sixth year of the R':ign of Kia<^ Georr^e the Third, intitidcd. * An 'Act to amtnd an Act for reu;idating the manner of Lktnsing Public 'Houses, and for the more e:sy conviction of persons selling xpiritumis ' Liquors wilhout a License,' and for other purposes therein mentioned, siionld be and they are and have been by the Act first above cited, continued in force ia Upper Canada, to all intents and purposes what- soever. II. And be it declared and enacted, That it was and is the intention of the Act first above ciled, that the Municipality of each Township or incorporated Vi liaise, the Town Council of each Incorporated Town, and the Common Council of eacli (yity in Upper Canada, should have, and that they liave and have ha I respectively, from tlie time of the passing of the said Act, povvev and authority to make By-laws for pre- venting the selling of wines or si)irinious liquors, or the keeping of Inns, Taverns or Houses of Public Entorlainment by persons nut thereunto duly licensed, and to impose for any contravention of such By-laws any penalty or punishment which they may lawfully impose for any con- travention of other By-laws, and ihat all penalties incurred under or by Tirtue of the Act first above cited, or of any By-law made under the authority thereof, shall and may be prosecuted and recovered under the provisioTis of the said seventh section of the Act of the Parliament of Upper Canada hereinbefore cited, and all such penalties shall belong one half to the Municipalily in which the offence shall have been com- mitted, and the other half to the prosecutor, unless he be examined as a witness to prove the offence, in which case the whole shall belong to the said Municipality : Provided always, that nothing herein contained «hail apply to any case in which any final Judgment or Order shall have been made or conviction had by or before any competent Tribunal, but with regard to such case, the Provincial Acts hereinbefore cited shall be construed and have effect as if this Act had not been passed. III. And be it enacted, That whenever any jparty to whom a license to keep a House of Public Entertainment shall have been granted, shall desire to furnish such refreshments as by law he is permitted to do in the house for which he has obtained a license, at any place out of his said house, but within the limits to which such license extends, or to remove from the house for which the same shall have been granted, info another house in the same Township, Incorporated Village, or Town, or City, and to keep a House of Public Entertainment therein, it shall be lawful for the Inspectors of Houses of Public Entertainment for ■uch Township, Incorporated Village, or Town, or City, or a majority of auch Inspectors, in their dii^cretion (but subject always to any By-law which may have been made in that behalf by the Municipal Authority of the locality) to endorse on such license a permission to the party to whom it was granted to furnish such refreshmetits as aforesaid, or to keep a House of Public Entertainment in the house to which he shall so wish to remove, and such permission shall give such right, and the license shall thereafter apply to the House described in such endorse- ment, and shall authorize the party to whom such license was granted, to furnish such refreshments or to keep a House of Public Entertainment in the House mentioned in such endorsement during the unexpired 323 Truo iiiteii! aul iiii'niiiiii; 01 thi' A.-t I'J ta. I i Vict. to aiiicii.l tlie InwH relative to 'Pavurii Lin;iiHO,i In ti. ('., rc'tii>t'rt- wn Llie'ihaiiiJ !-th sect. 01" Will. 4,0. I, (Jucla/eJ. As to Uic inten- tion of tiie Act first aliove cited ri'spcctiiiR tlie powers of Town- sliip Muiii''i;)ri!- itiew, &.!'., in tJ. ( ;., in ceniiin cases. PonaltiftH way |je recovered ; .^nti to wlioia to Ix;!ong. Proviso. Ciue wtierelu a party is desirous of ftirniiihing Rcfre»tinicntB at nny pliice out of liis house, or of removing tiiere- from. Inspectors to endorse [jtrinia- sion on hicensi'. t^iiliir^t to rei'uJation.f. Right conferred 324 Upon what eondttiona. Bond or Security bow to apgly. SURVEYS AND BOUNDARIES. portion of the term for which such license was granted, and upon the sanne terms and conditions; and any Bond or Security which such party may have given for the due observance of the Laws and By-laws concerning Houses of Public Entertainment, and the Keepers thereof, or for any purpose relative to such license, shall apply as fully to the house to which he shall be so authorized to remove, and to his conduct and doings therein, as without such endorsement it would have applied to the house for which the license was originally granted, and to his conduct or doings therein. HOT CO] SURVEYS AND BOUNDARIES. (Vide pages 920 to 238, and 295 ante.] Penalty on per- BOnspractisinffaB Surveyors with- out being duly Ilcenaed. Bnard may sus- acnd or remove a Surveyor. Proviso : the party accused to be summoned and beard. Chain-bearers ^to be sworn. Not to be related (0 the parties. 12 VIC. CAP. 35. Land Surveyors and the Survey of Lands. [May, 1849.J II. And be it enacted. That no person shall, after the passing of this Act, survey lands for hire or profit within Upper-Canada or Lower- Canada, or act in any way as a Land Surveyor within either portion of this Province, for hire or profii, unless he shall be duly authorized to practice as a Land Surveyor according to the provisions of this Act, or shall have been so authorized before the passing thereof, according to the Laws ihen in force, under a penalty of Ten pounds currency for each ofTenco, to be recovered by any person who shall sue for the same in any Court having Civil Jurisdiction to the amount of such penalty, one moiety whereof shall belong to Her Majesty and make pari of the Consolidated Revenue Fund of tnis Province, and the other moiety shall belong to the person suing for the penalty. X. And be it enacted, That it shall be lawful for the Board of Ex- aminers to suspend or dismiss any Land Surveyor from the practice of his profession, as they shall in their discretion deem proper whom they shall find guilty of gross negligence or corruption in the execution of the duties of his office : Provided nevertheless, that the Board shall not suspend or dismiss such Land Surveyor, without having previously summoned him to appear in order to be heard on his defence, nor with- out having heard the evidence, which shall have been offered either in support of the complaint or in behalf of the Surveyor inculpated. XI. And be it enacted, That each and every chain-bearer, whether acting in Upper or in Lower-Canado, shall, before he commences his chaining or measuring, lake an oath or affirm, to act as such justly and exactly according to the best of his judgment and abilities, and to render a true account of his chaining or measuring to the Surveyor by whom he may have been appointed to such duly, and that he is absolutely disinterested in the survey in question, and is not related or allied to any of the parties interested in the survey within the fourth degree, accord- ing to the computation of the civil law, that is to say, within the degree of Cousin German, which oath the Surveyor employing such chain- bearer is hereby authorized and required to administer ; nor shall any person related or allied to any of the parties within the said degree, be employed as a chain-bearer on any survey. •■APTERS IV. Ai on W VI. Ai pro VIII. J cei X. An A( vis mi XI. An reli XXIII. sk XXV; . He Eo LXXXl To mc cor Sol LXXX^ ap] Ca XCIV. anc XCV. J Jol XCVIII int( XCIX. Dis C. An. anc , and upon the [J which such VB and By-laws [eepers thereof, as fully to the I to his conduct Id have applied ted, and to his RIES. APPENDIX. TITLES OF ACTS PASSED IN 1849. 1860 AND 1851, MOT CONTAINED IN THIS MANUAL, BUT TO WHICH IT MAY BE SOMETIMES NECESSARY rOR MUNICIPAL BODIES TO REFER. ,*, Tlie pages of reference are those in the Official Edition of the Statutes. [May, 1849.J I passing of this nada or Lower- either portion of y authorized to s of this Act, or of, according to ids currency for sue for the same of such penalty, nake pact of the her moiety shall le Board of Ex- the practice of )per whom they le execution of Board shall not ng previously ence, nor w!th- offered either in culpated. jearer, whether commences his such justly and s, and to render ireyor by whom 3 is absolutely or allied to any Jegree, accord- thin the degree tig such chain- ; nor shall any said degree, be VI 18 4 0—1 9 VICTORIA. «a4PTEit8. rknw. IV. An Act to make bettor provision with regard to tho Tolls to bo levied on the Public Provincial Works, and for other purj)o.ses relative to tho said Works 103 VI. An Act to repeal cei-tain Acta therein mentioned, and to make further provision respecting Emigrants - -Ill VIII. An Act to make provision for the preservation of tho Public Health in certain emergencies - - - - - 119 X. An Act for putting a Legislative Intcrpetration upon certain tenna used in Acts of Pailiament, and for rendering it unneceasary to repeat cortiiin pro- visions and expressions therein, and for ascertaining tho date and com- mencement thereof, and for other purposes 129 XI. An Act to confirm the erection of certain Townships, and for other purposes relative to the erection of Townships -134 XXIII. An Act to provide for the Seizure and Sale of Shares in the Capital Stock of Incorporated Companies 161 XXVi An Act to exempt Naval and Military Officers and others on duty in Her Majesty's Service, from the payment of Toll upon any Turnpike Road in this Province 169 LXXXII. An .Act to amend the Charter of the University established at Toronto by His late Majesty King George the Fourth, to provide for the more satisfactory government of the said University, and for other purposes connected with the same, and with the College jmd Royal Grammar School forming an appendage thereof 637 LXXXV. An Act to amend the several Laws therein mentioned relative to the appointments and duties of Inspectors of Weights and Measures in Upper Canada 698 XCIV. An Act to detach a certain tract of Land from the Midland District and to annex it to the District of Bathurst XCV. An Act to define the Boundary between the Districts of Bathurst and Johnstown XC VIII. Aw Act to divide the Township of Cayuga, in the District of Niagara, into two Townships XCIX. An Act to divide the Townships of Leeds and Laiisdowne in the District of Johnstown C. An Act to alter the Boundary Line between the Townships of Hallowell and Sophiasburgh, in the District of Prince Edward - . . - 326 * APPENDIX. •nAPTERff. IS 19-12 VICnro;£2A. CI. An Act to appoint Coininis.3ioners to deliuo the Boundary Line between tho Township of Walpole in tho Niagara District, and the Township of WoodhousG in the Talbot District - CII. An Act to repeal the Act defiainiif the Boundary Line between the fourth Concessions of the Townships of Montai;^ae and North Elmslcy Cni. An Act to inoorporatii tho Trustees of the Kino^ston Hospital CXI. An Act to en-.iblo t]\Q Trustees of the Ottawa District Grammar School to sell tfie present School House, and ap[)ly the funds arisinj^ from the sale thereof towards purchasing a new site, and erecting a new School House in the Town of L'Oritjnal -- CLVr An Act to alter and amend the Charter of the Great Western Rail-Road Company CLVII. An Act {/> incorpoi-ate the Markham and Elgin Mills Plank Road Company _.--. CLVIII. An Act to incorporate the City of Kingston Watx^r Works Company. CLX. An Act to incorporate certain persons under the style and title of The President, Directore and Company of Port Burwell Harbour - - - CLXI, An Act to amend the Act incorporating the Niagara Falls Suspension Bridge Company - - - -- CLXXI. An Act to enable Willifun Bradley to hold a certain Road Allowance, in Caledonia, in the Otfawa District - - CLXXH. An Act to ve'st a certain Road Allowance in tiie Township of Nelson, in John €. McCollom FAttBK. 18 5 0—1 a & 1* VICTOillA. VII. An Act to amend the Laws relative to Hawkers and Pedlers XXVII. An Act for the more effectual suppression of Intemperance XLIX. An Act to remove certain doubts respecting the intention of the Act of the last Session of the Parliament of this Province for amending the Charter of tho Univoi-sity of Toronto, and to provide for the institution and endowments of Regius and other Professorships, Lectureships, Fellowships, Scholarships, Exhibitions, Prizes and other Rewards in the said University, and for other purposes connected with the said University, and with the College and Royal Grammar School of Upper Canada College, forming an appendjige thereof --------- LXXX. An Act to provide for tho future management of tho Toronto Harbour. LXXXII. An Act to remove doubts as to the effect of the disallowance of the Act incorporating the Town of Bytown LXXXIII. An Act to vest the Harbour at Cobourg in the Municipality of that Town LXXXIV. An Act to establish a Survey in front of tho ninth Concession of Cornwall (from Lot Number Twenty-two, westerly, to tho limit of tho Township,) na the governing line of the said Conces:?ion of Cornwall LXXXV. An Act to determine the mode in which the Side Lines ii* certaui Concessions in tho Township of Edwardsburgh nhall be run - - - LXXXVI. An Act to amend and explain the Act relative to the Sidi; Lines iu the Township of Osgoode -------- LXXXVII. An Act to remedy an error in certain Letters Patent for two lots in the Town of Chatham 1154 1107 1275 'zirr APPENDIX. fSOkTTtfUI. 1850-13 & 14 VICTORIA. LXXXVIII. An Act to confirm, a certain Survey of the Township of A.melias- burgh in Upper Canada LXXXIX. An Act to enable the Cominissioners for defining the Boundary Line between the Townships of Walpole and Woodhouse, to perform tho duty assigned to them by the Act in that behalf provided XC. An Act to authorize Aaron Silverthom and Newman Silverthom, their heirs or assigns, to erect a Dam across the River Thames . . - OXXX. An Act to erapowe* the Great Western Rail-road Company to make a Branch Rail-road to the Town of Gait OXXXI. An Act to amend the Act, intituled, An Act to incorporate flie Toronto, Simcoe, and Lake Huron Union Rail-road Company - OXXXII. An Act for the incorporation of a Company to construct a Rail-road between By town smd Prescott -------- CXXXIII. An Act to amend the Act, intituled, An Act to incorporate certain persons as The GnelpJi and Dundas Road Company . .. , CXXXIV. An Act to iucorporato certain persons under the name of " Tho Vaughan Road Company" OXXXV. An Act to prolong tho time for tho completion of the (jriinsby Breakwater, Pier and Harbour OXXXVI. An Act to incorporate the Hamilton Gas Light Company - OXLIV. An Act to incorporate The Elgin ^s.?oc/a . the Admin- I, out of the - 2140 ted Counties . ourt House - 2208 il Council to \t Cranberry - 220» to the Town - 22ia the Toronto - 52ia % Rail-way - 2213 to Rail-way - 2224 ixd Preecott - 2228 h Rail-way - 2231 al Company 2233 I to vest in es therewith - 2236 a Company - 2240 Harbour and - 2247 ^ell Harbor - 2251 lip of Hope, .there - 2280