<*-. 
 
 •C^A. 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-S) 
 
 ^O 
 
 ^ ^^% 
 
 
 % 
 
 1.0 
 
 I.I 
 
 11.25 
 
 |25 
 
 |50 ""^^ 
 
 Ui Bii 12.2 
 
 lit 
 
 I 
 i 
 
 2.0 
 
 1^ 
 
 — 6" 
 
 Photographic 
 
 Sciences 
 
 Corporation 
 
 23 WiST MAIN STMIT 
 
 WitSTIR.N.Y. USM 
 
 (716)«72-4S03 
 
CIHM/ICMH 
 
 Microfiche 
 
 Series. 
 
 CIHIVI/ICIVIH 
 Collection de 
 microfiches. 
 
 Canadian Institute for Historical Microreproductions / institut Canadian de microreproductions historiques 
 
Technical and Bibliographic Notes/Notes techniques et bibliographiques 
 
 The Institute has attempted to obtain the best 
 original copy available for filming. Features of this 
 copy which may be bibliographically unique, 
 which may alter any of the images in the 
 reproduction, or which may significantly change 
 the usual method of filming, are checked below. 
 
 D 
 
 D 
 
 D 
 
 D 
 
 Coloured covers/ 
 Couverture de couleur 
 
 I I Covers damaged/ 
 
 Couverture endommag6e 
 
 Covers restored and/or laminated/ 
 Couverture aryf^vt^e et/ou pelliculde 
 
 Cover title mi3.^i j^/ 
 
 Le titre de couv^nure manque 
 
 Coloured map^i/ 
 
 Cartes gdographiques en couleur 
 
 Coloured ink (i.e. other than blue or black)/ 
 Encre de couleur (i.e. autre que bleue ou noire) 
 
 I I Coloureiu plates and/or illustrations/ 
 
 Planches et/ou illustrations en couleur 
 
 Bound with other material/ 
 Relii avec d'autres documents 
 
 r^ Tight binding may cause shadows or distortion 
 
 along interior margin/ 
 
 La re liure serr6e peut causer de I'ombre ou de la 
 
 distortion le long de la marge intirieure 
 
 Blank leaves added during restoration may 
 appear within the text. Whenever possible, these 
 have been omitted from filming/ 
 II se peut que certaines pages blanches ajoutdes 
 lors d'une restauratiun apparaissent dans le texte, 
 mais, lorsque cela 6tait possible, ces pages n'ont 
 pas 6t6 film^es. 
 
 Additional comments:/ 
 Commentaires suppl6mentaires; 
 
 L'Institut a microfilmd le meilleur exemplaire 
 qu'il lui a 6t6 possible de se procurer. Les details 
 de cet exemplaire qui sont peut-dtre uniques du 
 point de vue bibliographique, qui peuvent modifier 
 une image reproduite, ou qui peuvent exiger une 
 modification dans la mdthode normale de filmage 
 sont indiquds ci-dessous. 
 
 I I Coloured pages/ 
 
 D 
 
 Pages de couleur 
 
 Pages damaged/ 
 Pages endommagdes 
 
 Pages restored and/oi 
 
 Pages restaurdes et/ou pelliculdes 
 
 Pages discoloured, stained or foxet 
 Pages ddcolor^es, tachet6es ou piqu^es 
 
 Pages detached/ 
 Pages d6tach6es 
 
 Showthrough/ 
 Transparence 
 
 Quality of prir 
 
 Qualitd indgale de I'impression 
 
 Includes supplementary materia 
 Comprend du materiel suppldmentaire 
 
 Only edition available/ 
 Seule Edition disponible 
 
 I I Pages damaged/ 
 
 I I Pages restored and/or laminated/ 
 
 r^l Pages discoloured, stained or foxed/ 
 
 I I Pages detached/ 
 
 r~^ Showthrough/ 
 
 I I Quality of print varies/ 
 
 I I Includes supplementary material/ 
 
 I I Only edition available/ 
 
 Pages wholly or partially obscured by errata 
 slips, tissues, etc., have been refilmed to 
 ensure the best possible image/ 
 Les pages totalement ou partiellement 
 obscurcies par un feuillet d'errata, une pelure, 
 etc., ont 6td film6es d nouveau de fapon d 
 obtenir la meilleure image possible. 
 
 This item is filmed at the reduction ratio checked below/ 
 
 Ce document est filmA au taux de reduction indiqud ci-dessous. 
 
 10X 14X 18X 22X 
 
 12X 
 
 16X 
 
 20X 
 
 26X 
 
 30X 
 
 24X 
 
 28X 
 
 : 
 
 32X 
 
The copy filmed here hes been reproduced thenks 
 to the generofi^v ... 
 
 Thomas Fiihor Rare Book Library, 
 University of Toronto Library 
 
 L'exempiaire film^ fut reproduit grSce d la 
 ginirosit^ de; 
 
 Thomas Fisher Rare Book Library, 
 University of Toronto Library 
 
 The images appearing here are the best quality 
 possible considering the condition and legibility 
 of the original copy and in keeping with the 
 filming contract specifications. 
 
 La& images suivantes ont 6t4 reproduites avec le 
 plus grand soin, compte tenu de la condition et 
 de la nettet(i de l'exempiaire film6, et en 
 conformity avec les conditions du contrat de 
 filmage. 
 
 Original copies in printed paper covers are filmed 
 beginning with the front cover and ending on 
 the last page with a printed or illustrated impres- 
 sion, or the back cover when appropriate. Ail 
 other original copies are filmed beginning on the 
 first page with a printod or illustrated impres- 
 sion, and ending on the last page with a printed 
 or illustrated impression. 
 
 Les exemplaires originaux dont la couverture en 
 papier est imprimde sont film6s en commenpant 
 par le premier plat et en terminant soit par la 
 derni6re page qui comporte une empreinte 
 d'impression ou d'illustration, soit par le second 
 plat, salon le cas. Tous les autres exemplaires 
 originaux sont filmis en commenpant par la 
 premiere page qui comporte une empreinte 
 d'impression ou d'illustration et en terminant par 
 la derniAre page qui comporte une telle 
 empreinte. 
 
 The last recorded frame on each microfiche 
 shall contain the symbol ^^^ (meaning "CON- 
 TINUED "), or the symbol V (meaning "END '), 
 whichever applies. 
 
 Un des symboles suivants apparaitra sur !a 
 dernidre image de cheque microfiche, selon le 
 cas: le symbols -^^ signifie "A SUIVRE ", le 
 symbols V signifie "FIN". 
 
 Maps, plates, charts, etc., may be filmed at 
 different reduction ratios. Those too large to be 
 entirely included in one exposure are filmed 
 beginning in the upper left hand corner, left to 
 right and top to bottom, as many frames as 
 required. The following diagrams illustrate the 
 method: 
 
 Les cartes, planches, tableaux, etc., peuvent dtre 
 fiimis A des taux de reduction diffirents. 
 Lorsque le document est trop grand pour dtre 
 reproduit en un seul clich6, il est filmi A partir 
 de Tangle supirieur gauche, de gauche it droite, 
 et de haut en bas, en prenant le nombre 
 d'images nicessaire. Les diagrammes suivants 
 illustrent la mithode. 
 
 1 2 3 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
THE 
 
 MUNICIPAL MANUAL 
 
 FOlt 
 
 TJPPEH OA-ISTADA, 
 
 COXTAINING 
 
 THE NEW MUNICIPAL AND ASSESSMENT ACTS, 
 
 WITH NOTES OF ALL DECIDED CASES, 
 
 SOME ADDITIONAL STATUTES, 
 
 AND 
 
 A FULL INDEX. 
 
 By nOBERT A. IIAllRISON, Esq., D.C.L. 
 
 BARRISTER- Al-LAW. 
 
 SECOND EDITI N. 
 
 TORONTO: 
 W. C. CHEWETT & CO.. 17 & 19 KING STREET EAST. 
 
 1867. 
 
■ k 
 
 Entered acc.->rdiiis to Act of the Provincial Legielatnre by ROBERT A. IIAUIUSOX, in iii: 
 Office of tho Registrar of the Province of Canada. 
 
 : . ': 
 
 
 
 I 
 
 PRINTED AT tBS 6TEAM-FRE83 ESTABLI8HUEMT OF W. C, CnEWETI k CO. 
 KINO STREET EAST, TORONTO. 
 
TO 
 
 THE HONOURABLE JOHN HAWKINS HAGAUTY. D.C.I. 
 
 ONE OP THE JUDGES 
 
 OF THE 
 
 CODRT OF QUEEN'S BENCH FOR UPPER CANADA. 
 
 ISDN, ia the 
 
 THIS NEW EDITION 
 
 OF THE 
 
 MUNICIPAL MANUAL POR UPPER CANADA 
 
 IS INSCRIBED, 
 
 WITH GREAT RESPECT, 
 
 BT nl3 rOIlMER PCPIL, 
 
 O^XIB EIJlTOIti 
 
 CO. 
 
PREFxVCE TO THE FIRST EDITION. 
 
 In tlio prospectus issued for this work it was said that the Municipal 
 Laws ( f Upper Canada are in importance second to none of the laws of 
 the Province, and that every Municipal Corporation is a small Parliament, 
 possessed of extensive but yet limited powers. It was then pointed out, 
 that to ascertain in every case the existence or non-existence of a power — 
 the nature of it — its precise limit and the mode in which it should be exer- 
 cised is the object of all who are in any manner concerned in the adminis- 
 tration of Municipal affairs. 
 
 "When it is considered, that in the first instance these matters are to be 
 determined by Municipal Councils, seldom containing Jrembers versed in 
 the laws, often acting without the aid of professional advice, the importance 
 of a guide becomes, as said in the prospectus, manifest. 
 
 That guide it has been the aim of the Editor in the following pages to 
 produce. He now proposes as briefly as possible to state upon what 
 principles and in what manner he has performed his task. 
 
 The Legislature, having bj' the Consolidated Act of the present year, 
 classified many Municipal enactments and repealed many of those that 
 were effete or thereby rendered useless, the Editor with the assistance of 
 legal friends of greater experience than himself, in the first place applied 
 himself to the work of expounding the Consolidated Act by the light of 
 adjudged cases. This he did patiently and assiduously, noting latent 
 difficulties and explaining as far as possible all difficulties of every kind 
 that occurred to him. The result is a body of notes more elaborate than 
 he contemplated when he began his labors* All decisions reported in time 
 for his pen, have been carefully epitomized and introduced into the notes 
 so written. 
 
 Having in this manner continued his labors until the completion of the 
 Consolidated Act, he next turned his attention to other Acts of a like kind, 
 promiscuously scattered through the twenty-two volumes containing the 
 Provincial Statutes. Beginning at the first Act he selected in chronological 
 order such Acts as from their nature a person would expect to find in a 
 
vi 
 
 niKKACE. 
 
 Municipal Manual, until ho readied the last Act of the kind now in force. 
 The result is a large collection of Acts and parts of Acts added to the end 
 of the Consolidated Municipal Act. 
 
 One groat difficulty which the Editor experienced from first to last, was 
 to publish all Acts at all of use to Municipalities, and yet to keep his book 
 in a single volume of moderate dimensions. To accomplish this, Acts have 
 been abbreviated by the omission of mere formal matter, Acts of a private 
 nature and so of little public utility have been in some places abridged by 
 the statement of substance only, and in others nothing has been given 
 except the title or heading, when expressive of the object. Other Acts, 
 such as those regulating the inspection of Beef, Pork, Ashes and the incor- 
 poration of Road and other Companies have, because of their great length 
 and comparatively speaking little general utility, been entirely excluded. 
 So have the Common School end Grammar School Acts. The reason of 
 the exclusion of the latter is that they are contained in " The Educationa 
 Manual," a small work within the reach of all, and it is presumed in the 
 possession of all engaged in the execution of those Statutes. 
 
 The arrangement adopted has been the chronological, in preference to the 
 analytical. The reason being that by such an arrangement the growth of 
 the law is opened up to public view, while for convenience of reference the 
 addition of a very full analytical Index imparts to the work all the benefits 
 of analysis. Thus, under Toronto, Kingston, Hamilton, &c., in the Index 
 will be found references to Acts applying specially to these Cities though 
 published in different parts of the Volume, To make the chronological 
 arrangement still more effective, the Editor has, as a rule, in the margin of 
 each Statute wherever it is altered or affected by a subsequent Statute, 
 made a reference to the subsequent Statute. The object of this is to guard 
 against reading any one provision as the only or whole law on the subject 
 wherever there are others which ought to be read in connexion with it. 
 
 For the convenience of the legal profession as well as for the information 
 of all concerned, the Rules of Court governing c< ntested Municipal Elec- 
 tions, have been added in the Appendix and noted n the general Index like 
 other parts of the work. In the Appendix will also be found a form of 
 By-law to contract a debt by borrowing money. The utility not to say 
 necessity of such forms is well known. In the preparation of this edition 
 of the Municipal Manual, the Editor had neither the time nor the materials 
 to enable him to give a complete set of Municipal Forms. He, however, 
 did what he could towards supplying the void by preparing a form of a 
 By-law of more general use than that of any other form of By-law. His 
 reasons for so doing were two-fold. First, to furnish a model whereby 
 other By-laws may be drawn. And secondly, to furnish a form for that 
 
 
 *■ 
 
PREFACE. 
 
 Vli 
 
 ny-l;i\v, whicli of (ill others must essentially be correct both in form and 
 in suljstance. 
 
 Great responsibility rests upon tliosc who undertake to prepare By-laws, 
 on the legality or illegality of which largo nionied transactions are made to 
 depend. Sonic form must be observed ; and yet a close adherence to 
 technical nicety may in certain cases work positive injustice. Were it 
 possible to secure for money By-laws the stamp of legality, so as to remove 
 all suspicion of informality, irregularity or illegality, the eflfcct would bo 
 eminently bencricial. It would beget a spirit of confidence, alike of advan- 
 tage to the seller and to'thc buyer of Municipal debentures. Less room 
 would be left for speculation or trade in the fears of men or contingencies 
 of law, and more stability be imparted to the negotiation of Canadian 
 JFunicipal Securities; one consequence of which— and not the least — would * 
 be, that the market value of all such securities vrould be proportionably 
 increased. The only mode likely to attain so desirable an end that at 
 present occurs to the Editor, would be to require all By-laws of this kind 
 to be approved by some public functionar}', and, when approved, to bo un- 
 impeachable on the ground of informality or want of technical accuracy. 
 Such is the principle applied to By-laws passed to raise money on the credit 
 of the Consolidated Revenue Fund. It is enacted, that " no informality or 
 irregularity in any such By-law, or in the proceedings relative thereto, 
 anterior to the passing thereof, shall in any manner affect the validity 
 thereof, after the Governor-General in Council shall have approved of such 
 By-law ; but the order in Council approving such By-law shall be held to 
 cover any such informality or irregularity, and the By-law shall bo valid to 
 all intents and purposes." (10 Vic. cap. 123, sec. 5.) 
 
 It is easy to perceive how efficacious would be this seal of approval, if 
 applied to all money By-laws. The object of it is to secure the confidence 
 of the public. That object is as much needed in the case of any ordinary 
 money B5'-law, as one to raise money on the credit of the Consolidated 
 Municipal Loan Fund ; and ii beneficial in the one case, the Editor cannot 
 help suggesting that the l>enefits ought, by some appropriate machinery, to 
 be extended to all similar cases. Indeed the Legislature have, in other 
 instances, partially affirmed the principle. It is by the Consolidated Muni- 
 cipal Act enacted, that "in case a By-law by which a rate is imposed has 
 been specially promulgated in the manner specified, no application to quash 
 the By-ln w shall be entertained after six calendar months have elapsed since 
 its prrmulgation," (sec. 195,) and that "in ca?e no application to quash 
 any By-law so specially promulgated is made within the time limited for 
 th.".t purpose, the By-law, or so much thereof as is not the subject of anj' 
 s'lch application, or not quashed upon such application, so far as tho same 
 
• • • 
 
 VIM 
 
 rKEFACE. 
 
 ordains, prescribes or directs any tiling within the proper competence of the 
 Coinicil to ordiiin, prescribe or direct, shall, notwithstanding any want of 
 substance or form, cither in the By-law itself or in the time or manner of 
 passing the same, be a valid By-law." (Sec. 200.) 
 
 AVith these observations, the present edition of the MiNiciPAii Manual 
 is submitted to the public. Of the public, the Editor has only one rcrjuest 
 to make. It is, that imperfections are not to be attributed to neglect, but 
 to circumstances — such as want of timo and want of space— over which he, 
 however well disposed, had no control. 
 
 Queen Strekt "West, 
 
 22nd Decemlo; 1858. 
 
PREFACE TO THE SECOND EDITION. 
 
 Nino years have elapsed since the publication of the first eilition of this 
 work. Diuinv that poriod the flr^t edition, which was a very large one, has 
 been cxhausi I, and durin": lie same period many alterations have been 
 made in the Municipnl ard Assessment laws of Upper Canada, and many 
 cases decided on Ihc .instruction of the Acts. Besides, the Municipal and 
 Assessment Acts, as from time to time altered, were, during last session of 
 Parliament, amended and consolidated. 
 
 Some of the alterations and nrrondments are undoubtedly for good. Tlio 
 ofUco of Councilman for cities has been abolished, and the number of 
 Aldermen for each ward increased from two to three, and these, instead . !" 
 being yearly elected as heretofore, will retire from office annually by rotation. 
 There are two Councillors allowed for each ward of an incorporated 
 village having five wards, one of whom also retires annually in rotation. 
 Mayors of cities are no longer chosen by the electors, but by members of 
 the Council from among themselves. On the other hand. Reeves and 
 Deputy Reeves are no longer chosen by Councillors from among them- 
 selves, but elected by the people. There may be several Deputy Reeves, 
 in proportion to the number of voters, there being an additional Deputy 
 Reeve allowed for every five hundred additional voters beyond the number 
 required for Reeve and Deputy Reeve. The property qualification of can- 
 didates and voters in cities, towns and villages, has been greatly increased. 
 Candidates or voters who have not paid their taxes are disqualified. Pro- 
 vision is made for nomination to ofiices in cities, towns, incorporated villages, 
 police villages and townships. Only one day is allowed for polling votes, 
 and in towns and cities voters may vote in each ward in which they are 
 rated for the necessary property qualification. Annual value, in cities, 
 towns and incorporated villages, has been abolished, and actual value, as in 
 townships, made the rule of assessment. No Council is allowed, exclusive 
 of School rates, to assess in any one year more than an aggregate of two 
 cents in the dollar on actual value. If, however, in any municipality, the 
 aggregate amount of the rates necessary for the payment of current annual 
 expenses, and the principal and interest of the debts contracted on or before 
 the 15th August, 1860, on that day exceed the aggregate rate of two cents 
 in the dollar on actual value, the Council may levy such further rates as 
 
TEEFACE. 
 
 may be necessary to discharge obligations already incurred, but shall con- 
 tract no further debts until the annual rates required to be levied within the 
 municipality are reduced within the aggregate rate of two cents. County 
 Treasurers, and not Sheriffs, are now made the proper officers to Kcll lands 
 for arrears of taxes. The onus of keeping county roads in repair may, 
 under certain circumstances, be thrown upon adjacent local municipalities. 
 Besides, township municipalities may purchase wild lands from Government, 
 drain, and afterwards sell them. Other changes, of less consequence, 
 imncccssary to be here mentioned, will be found noticed in the proper places 
 throughout the volume. 
 
 The value of this edition of the Manual, as compared with the fonner 
 one, will be found greatly increased, owing to the number of decided 
 cases to which the Editor, while annotating the Municipal and Assessment 
 .)u;ts, has found it necessary to refer. Whilst in the former edition rofor- 
 once is made to not more than two hundred, in this edition reference is 
 made to more than six hundred decided cases. Many points that were 
 left in doubt when the first edition was published, have since been 
 settled by judicial interpretation. The Editor has in every case, in his 
 notes, given as nearly as possible the very language of the Judges. On 
 some points decisions will be found in apparent conflict, and the Editor 
 has, wherever conflict was apparent, done his best to reconcile the decided 
 cases. But he is happy to say that the conflicts are few ; and now that the 
 law has been consolidated, there will be less risk of conflict in the future. 
 With Courts of co-ordinate jurisdiction, and where, as in quo warranto 
 cases, single Judges sit without appeal, conflict of opinion and decision 
 can scarcely be avoided. The Editor has endeavored, under tlie proper 
 section and in the proper place, to note every decided case bearing on the 
 point under consideration. But, considering the multiplicity of decisions, 
 it is possible that some have been unintentionally omitted. Should any 
 such be discovered by any of his professional brethren, he will only lie too 
 happy to be informed of the omission. 
 
 Several statutes, bearing on the duties and powers of municipal bodies, 
 which have been selected from the Consolidated Statutes of Canada, the 
 Consoldated Statutes of Upper Canada, and the Statutes of Canada si'ice the 
 consolidation, are published at the end of the work, preceding the Index. 
 The Editor does not assert that he has published all statutes and parts of 
 statutes, directly or indirectly afiecting municipal bodies. Were he to do so, 
 it would be impossible for him to keep his work within reasonable bounds. 
 lie has therefore contented himself with a selection of the principal statutes ; 
 and in order to accomplish this, has been obliged to exclude from this edition 
 several acts of a local and private nature, which arc contained in the former 
 
IMIEFACE. 
 
 XI 
 
 edition of the Manual. The omission of the latter will not render the work 
 the less useful to the general body of those who will require to use it, while 
 it has the effect of keeping the volume within a convenient and portable 
 form. 
 
 The preparation of the Index, as well as the supervision of the work while 
 passing through the press, was entrusted to Henry O'Brien, Esq., Barrister- 
 at-Law, a gentleman who is already favorably known to the ^.rofcssion as 
 one of the Editors of "The Upper Canada Law Journal" and "The Local 
 Courts Gazette," and editor of an ably annotated edition of the Division 
 Courts Act. Tlie Lidex, which is very full, will, it is hoped, bo found all 
 that is necessary to the ready use of the work. Much labour has been 
 bestowed upon it, and, so for as the Editor can judge, it has been carefully 
 compiled. 
 
 Imperfections in the work, cither on the part of the Editor or of his assis- 
 tant, arc not to be attributed to wilful neglect ; but as no such work can 
 be made perfect, the Editor must ask forbearance. Much labour has been 
 expended on it, and it is hoped that it will not only lighten the labour 
 of members of the legal profession, but have the effect of expounding and 
 making known the ^lunicipal and Assessment law to the many, not 
 members of the profession, whose duty it is to give effect to the law, and 
 work under it. 
 
 The fust edition of the work received a generous support, as well from 
 the legal profession as the great body of the Municipal Councillors and 
 officers of Cpper Canada. It is hoped that this edition, to which the Editor 
 has devoted much thought, will be equally well received. The delays which 
 have occurred in its issue were unavoidable, and to some extent rendered 
 necessary by reason of the Editor's great anxiety to make his work simple 
 in its langungc and reliable in its exposition of the law. The work is intended 
 not merely for lawyers, but for men unacquainted with the niceties of law. 
 Most uf the notes are therefore written in a popular style, and as free as 
 possible from legal phraseology. 
 
 ESGLEFIELD, ToROXTO, 
 
 2G</i 3Iarch, 1807. 
 
T^BLE OP CASES. 
 
 Aldweli and City of Toronto ex parte, 
 
 354 
 Allan V. Fisher, 406, 425, 428 
 
 " V. Hamilton, 437 
 Allen V. "Walker, 160 
 Anderson v. Great Western Railway 
 
 Co., 259 
 Andrew v. "White, 196 
 Anglin v. Municipality of Kingston, 
 
 159, 160 
 Ash worth, Re. 376 
 
 Askin V. London District Council, 436 
 Asphodel, Corporation of, and Sargant 
 
 et al.. In re, 88, 111 
 Attorney-General v. Brantford, a. a c. 
 V. Goderich, 188, a. 
 
 4 C. 
 
 " V. Nepean Road Co., 
 
 253, 270 
 " V. Toronto, a. a c. 
 
 " V. Wigan, 168 
 
 Augusta, Municipality of, v. Municipal 
 Council of Leeds & Grenville, 258, 
 276 
 Austin V. County of Simcoe, 356, 429, 
 433, 441 
 
 Babcock and the Municipal Council of 
 Townshin of Bedford, In re, 145 
 
 Baker v. The Municipal Council of 
 Paris, 146, 194 
 
 Bannerman v. Municipality of Yar- 
 mouth, 266 
 
 Barber v. Rollinson, .S31 
 
 Barclay and The Municipal Council of 
 Darlington, In re, 20, 149, 153, 193, 
 194 
 
 Bartlett v . The Municipality of Am- 
 herstburgh, 19 
 
 Bartlett v. Smith, 329 
 
 Barton v. Town of Dundas, 407 
 
 Baxter v. Hcsson et nl., 202 
 
 Baynes v. Brewster, 331 
 
 Beckwith v. Philby, 331 
 
 Bell and The Township of Manvers 
 In re, 61, 107 
 
 Belleville, Corporation of, v. Judd, 188 
 
 Berlin, Municipality of, v. Grange, 365, 
 368, 388, 411, 420 
 
 Bessey v. Municipal Council of Gran- 
 tham, 147 
 
 Beverley, Corporation of, v. Barlow, 
 116, 121, 412 
 " Corporation of, v. Park, 128 
 
 Billings and Municipal Council of Town- 
 ship of Gloucester, In re, 147 
 
 Black V. "White et al, 153, 154 
 
 Blackie v. Staples, a. a c. 
 
 Blaikie v. Corporation of Township of 
 Hamilton, 212 
 
 L...cklock v. Milliken. 304 
 
 Bleeker v. Myers 450 
 
 Blow V. Russell, 155 
 
 Blunt V. Heslop, 65 
 
 Bogart and The Town Council of Belle- 
 ville, In, re, 145, 148, 150 
 
 Borrowman v. Mitchell, 252, 253 
 
 Boulton and The Town Council of 
 Town of Peterboro', 141, 143, 146, 
 175, 289 
 
 Boulton V. Rattan, 436, 437 
 
 V, York & Peel, 437, 441 
 
 Brady v. Jones, 155 
 
 Brandt v. Craddock, 331 
 
 Brant, Corporation of, and Corporation 
 of "Waterloo, In re, 262, 263, 296 
 
 Brash, q. t. v. Taggart, 71, 450 
 
 Bright v. City of Toronto, 192, 193, 
 194, '197 
 
 Brock District Council v. Bowen, 20, 
 447 
 
 Brown v. Municipal Council of Sarnia, 
 19, 259, 267 
 " v. Municipal Council of York, 
 149, 256 
 
 Bruce, Corporation of, v. Cromar, 21, 
 447 
 " V. Bruce, 60, 126 
 
XIV 
 
 TABLE OF CASES. 
 
 
 Erj-nnt v. Hill, 439 
 
 " and Tlio Municipality of Pitts- 
 burgh, 142, 175 
 
 Buchanan v. Frank, 435, 452 
 
 Buchart v. Municipality of United 
 Townships of Brant «ft Carrick, 146 
 
 Buffalo & L. H. R. R. Co. v. Corpora- 
 tion of Town of Goderich, 855 
 
 Burnhara v. Corporation of Peterboro', 
 168 
 
 Cesar and The Municipality of Town- 
 ship of Cartwright, In re, 146 
 Cameron v. Cameron, 88 
 
 " and The Municipality of East 
 Nissouri, In re, 136, 172 
 and Kerr, In re, 310 
 Campbell v. Corporation of Elma, 302, 
 406 
 " and Corporation of Kingston, 
 In re, 229, 231, 268 
 Canada Company v. Howard, 264 
 
 " V. County of Oxford, 
 
 136 
 " V. County of Middle- 
 
 sex, 170, 171 
 Card V. Cnse, 304 
 Carey v. Tate, 303, 305 
 Carmichael v. Slater, 154 
 Carr v. Stringer, 394 
 Carroll and Perth, In re, 148 
 Carscallan v. Moodie, 408 
 Carter v. Sullivan et al., 40, 46 
 Cartwright v. Corporation of City of 
 
 Kingston, 376, 377 
 Cayley v. Foster, 436 
 Chapman v. Cripps, 252 
 Charles v. Dulmoge, 433 
 Choatc et al. v. Municipality of Town- 
 ship of Hope, In re, 269, 272 
 Christmas v. Eicke, 99 
 Church qui tam v. Richards, 203 
 Clapp V. Corporation of Thurlow, 168 
 Clarke v. Durham, 303. 305 
 Cleland v. Robinson et al., 205 
 Cochran v. Hislop, 269 
 Codrington v. Curie wis, 151 
 Coe V. Corporation of Township of 
 
 Pickering, 258 
 Colbeck V. Corporation of Township 
 
 of Brantford, 276 
 Colchester, Lord, v. Kewney, 356, 357 
 Cole V.Blake, 155 
 Coleman, In re, 146, 321 
 Collins V. Swindle, 58, 164 
 
 Conger and Peterboro' Municipal Coun- 
 cil, In re, 145, 147, 268 
 
 Coombes v. Municipal Council of Mid- 
 dlesex, 835 
 
 Cooper V. Wellbanks, 205 
 
 Corbett v. Johnston, 408 
 " V. Taylor, 364 
 
 Cortis V. Kent Waterworks Co., 1C7 
 
 Cotter and Municipal Council of Dar- 
 lington, In re, 148 
 
 Coyne and The Municipal Council of 
 Dunwich, In re, 146, 149, 193 
 
 Crawford et al. v. Corporation of Town 
 of Cobourg, 159, 160 
 
 Croft and The Municipality of tlio 
 Township of Brooke, In re, 139, 
 194 
 " v. Town Council of Peterboro', 
 259, 267 
 
 Cross V. Corporation of Ottawa, IGS 
 
 Cuming v. Sibly, 430 
 
 Daxiels v. Municipal Council of the 
 
 Township of Burford, 127, 136, 146, 
 
 211,212 
 Dark v. Municipal Council of Huron <fc 
 
 Bruce, 234, 333 
 Daubney v. Cooper, 112 
 Davidson et al. v. Gill, 68 
 
 " and Quarter Sessionqof 
 
 Waterloo, In re, 436 
 Davies v. Morgan, 99 
 Davis V. Russell, 331 
 
 " V. Williams, 303 
 Dawes v. Iliiwkins, 252, 253 
 Dawson v. Wilkinson, 108 
 DeBlaquiere et al. v. Becker e: al., 368, 
 
 369, 370, 406, 407, 409 
 De la Have and The Municipality of 
 
 Gore of Toronto, In re, 145 
 Dennis v. Hughes et al. 241, 256, 257, 
 
 259, 267 
 Dcnnison v. Henry, 365, 367, 377, 378 
 Derecourt v. Corbishley, 331 
 Dickson, Executors of. and Municipal 
 
 Council of Gait, In re, 264, 301, 361, 
 
 389 
 Dobbie v. Tully, 425 
 Doe Bell v. Rcaumorc, 428, a. a c, 
 
 " Brennan v. O'Neill, 488 
 
 " Upper V. Edwards, 425 
 Doe dem. Bell v. Orr, 428, 437 
 
 McGill V. Langton, 354, 361 , 
 432 
 " Powell V. Rorison, 425 
 
TABLE OF CASES. 
 
 XV 
 
 i)oe clem. Sherwood v. Matthcson, 429 
 
 Stata V. Smith, 429 
 Doherty v. Corporation of Township 
 
 of Toronto, 212 
 Douglass V. Patrick, 155 
 Drope and Corporation of Hamilton, 
 
 In re, 148 
 Duke of Marlborough's Estates, Re, 261 
 Dungenan's Case, 60, 124 
 
 Edinburgh Life Insurance Co. v.' St. 
 
 Catharines, 169 
 Eldon, Township of, and Ferguson, In 
 
 re, 186, 296, 299 
 Errington v. Dumble, 428 
 Essex, Corporation of, v. Park, 121, 456 
 
 " Corporation of, v. Strong, 121 
 Euphrasia, Township Clerk of. In re, 
 
 147 
 Evans v. Wright, 410 
 Every v. Smith, 252 
 
 Fair v. Moore, 20, 86, 139 
 
 FarrcU v. JIayor and Town Council of 
 
 London, 19, 236 
 Fennell v. Corporation of Guelph, 190, 
 
 230, 234, 311 
 Fetterly v. The Municipality of Russell 
 
 and Cambridge, 19 
 Field V. Kemp, 251 
 Fisher v. The Municipal Council of 
 
 Vaughan, 20, 135, 147, 256, 257,259 
 Fitzgibbon v. City of Toronto, 253 
 Fleming v. McNaughten, 40 
 Fletcher v. Municipality of Township 
 
 of Euphrasia, 135, 171, 362 
 Foley V. Moodie, 425 
 Ford V. Proadfoot, 864, 415 
 Franchon v. Cof poratiou of St.Thomas, 
 
 364, 367 
 Frascr v. Mattice, 425, 436 
 
 " V. Municipal Council of United 
 Counties of Stormont, Dundas 
 and Glengary, 147 
 
 !' V. Page, 407, 408 
 Frederick v. Lookup, 450 
 Frith V. Donegal, 99 
 
 Gas Co. and City of Ottawa, Re, 855 
 Gates V. Devenish, 266 
 
 " V. Tinning, 222 
 Gibson v. Corporation of Iluroa «fe 
 Bruce, 396 
 " v.Muskett, 248,461 
 Gilchrist v. Tobin, 436 
 
 Gillespie etal. v. City of Hamilton, 425 
 
 Glass v. Wigmore, 329 
 
 Glick V. Davidson, 40, 46 
 
 Goggs V. Huntingtower, 99 
 
 Gough V. Hardman, 456 
 
 Grant V. City of Hamilton, 165, 166 
 " V. Wilson, 408 
 " and City of Toronto, In re, 148, 
 150 
 
 Gray q. t. v. Dettrick, 450 
 
 Graystock and Municipality of Oton- 
 abee. In re, 193 
 
 Great Western R. Co. v. Bain, 408 
 
 " " V. Ferman, 372 
 
 " " V. Rouse, 372, 
 
 389 
 
 Grier and St. Vincent, In re, 148 
 
 Grierson v. Municipal Council of On- 
 tario, 135., 148, 149, 172 
 
 Griffin v. Coleman, 331 
 
 Grinham V. Wiley, 331 
 
 Guelph, Town of, and Canada Co., In 
 re, 1 88, a. * c. 
 
 Gwillimbury, Corporation of Nortli, v. 
 Moore, 161 
 
 Hall v. Green, 450 
 
 " V. Hill, 423, 427, 428, 430 
 Hamilton et al. v. Macdonald, 425 
 Harbourn v. Bushey, 429 
 Harpel v. Municipality of Township of 
 
 Portland, 260, 301 
 Harrison v. Town Council of Owen 
 
 Sound, 196, 202 
 Harrold v. Corporation of Simcoe and 
 
 Ontario, 253, 276, 285 
 Harrup v. Bayley, 390 
 Hart v. Meyers, 450 
 Haitley and The Corporation of Emily, 
 
 In re, 72 
 Hatt, In re, appeal of, 355, 375 
 Hawk <fe Ballard, In re, 49, 111, 128 
 " and Municipality of Welleslcy, 
 172,188 
 Hawkeehaw v. District Council of Dal- 
 
 housie, 188, 336 
 Hawkins v. The Municipal Council of 
 
 Huron, Perth and Bruce, In re, 20 
 Hayes v. CHty of Toronto, Ex parte, 171 
 Henry v. Burness, 427, 429, 431 
 Hepbtirn <b Johnston, Re, 355, 376 
 Higgins V. Corporation of Town of 
 
 Whitby, 293 
 Hill and The Municipality of Tecum- 
 Beth, In re, 143 
 
XVI 
 
 TABLE CF OASES. 
 
 Ilill V. Municipal Council of Township 
 of Wnlsingiinin, 148, 180 
 
 Ilirons ct ftl. and Municipal Council of 
 Aniherstburgh, In re, 147 
 
 Hodgson & Mun. Council of Yori;, Peel 
 ife Ontario, In ro, 148, 256.' 
 " V. Municipality of Whitby, 
 260, 302 
 
 Uoggv. "Ward 331 
 
 Holconibo ct al v. Shaw 369, 408, 413, 
 414, 421 
 
 Hooker v. Gurnett, 436 
 
 Hope et al. v. Cumming, 408 
 
 Hopkins v. Mayor of Swansea, 135 
 
 Homers Estate, Re, 262 
 
 Howe V. Thompson, 429 
 
 Huglies V. Towers, 408 
 
 Hunt V. Ilibbs, 380, 448 
 
 Huron <fe Bruce, Municipal Council of, 
 V. Macdonald et al. 335, 342 
 
 Huron Disti'ict Council v. London Dis- 
 trict Council, 19 
 
 Huron District, Justices of, v. Huron 
 District Council, 188, 336 
 
 Iaxson and Corporation of Rcacli, In 
 
 re, 148 
 Ingcrsoll, Corporation of, v. Chadwlck, 
 
 121, 122 
 Inglev. Bell, 331 
 
 Jack v. Ontario, Simcoe & Huron R. 
 
 R. Co., 303 
 Jackson v. Jacobs, 135 
 James v. Johnston, 251 
 Jarvis v. Brooke, 430 
 
 " V. Cayley, 403, 430, ^?. 
 
 " and Recorder of T:.i ■:,•/, /Xe, 
 a. A c. 
 Jennings v. Major, 155 
 Johnson v. Municipality ol iccstcr. 
 
 260, 299 
 Jolinston V, Rcesor, 269 
 Jones V. Johnson, 167 
 Judd V. Read, 446, 447 
 
 Keating v. Council of District of Sim- 
 coe, 333 
 
 Keonahan q. t. v. Egleson, 323 
 
 Kelly y. Corporation of City of To- 
 ronto, 229 
 " and Macarow, In re, 91 
 
 Kemp V. Neville, 326 
 
 Kennedy v. Municipal Council of Sand 
 wich, 135, 164 
 
 Keyley v. Manning, 33 
 King V. Allan, 251 
 
 " V. Bailey, 60 
 
 " V. Bower, 59 
 
 " V. Burrell, 448 
 
 " V. Carroll, 60 
 
 •' V. Chapelwarden of Bradford, 1 63 
 
 " V. " IIaworth,167 
 
 " V. Crunden, 223 
 
 " V. Duke of Bedford, 60 
 
 ." T. Duke of Richmond, 120 
 
 " V. Evlcs, 124 
 
 " V. Gibbs, 321 
 
 " V. Goodchonp, 168 
 
 " V. Grosvenor, 59 
 
 " V. Heyland, 69 
 
 " V. Higgins, 321 
 
 " V. Huugerford, 59 
 
 " V. Inhabitants North Curry, 126 
 
 " V, Justices of Flintshire, 107 
 
 " V. " Iluntingdoushire, 87, 
 167 
 
 " V. " Newcastle, 333 
 
 " V. " Shropshire, 387, 431 
 
 " V. Mayor of Eye, 60 
 
 " V. " of Norwicli, 380 
 
 " V. " ofRipon, 115 
 
 " V. Mitchell, 61, 126 
 
 " V. Rispal, 321 
 
 " V. Sanderson, 272 
 
 " V. Sargent, 60, 120 
 
 " V. Sparrow, 883 
 
 " V. Spencer, 137 
 
 " V. Summers, 321 
 
 " V. Taylor, 234 
 
 " V. Tidderly, 115 
 
 " V. Traflbar, 60 
 
 " V. Wavell, 168 
 
 •' V. Weigliton, 60 
 
 " V. Whitwell, 59 
 Kinloss, Township of, v. Stauffer, ISS 
 Knaggs V. Ledyard, 432, 431 
 Kraus v. Arnold, 155 
 
 Lade v. Shepperd, 252 
 
 Lafferty and Municipal Council of 
 Wentworth and Halton, In 
 re, 148, 255, 257 
 *• " V. Stock, 257, 258, 259 
 
 Laughtenborough v. McLean, 364, 432 
 
 Law Society, Upper Canada, v. City of 
 Toronto, 331, 389 
 
 Lazarus v. Corporation of Citj* of To- 
 ronto, 233 
 
 Leatlierhale v. Swoepstone, 155 
 
TAIILIC OF CASKS 
 
 XVll 
 
 I Bradford, IGS 
 jllaworth, 167 
 
 1,60 
 Ind, 120 
 
 li Curry, 126 
 ihire, 107 
 jdoushirc, 87, 
 
 tie, 335 
 
 lire, 387, 431 
 
 
 
 ch, 380 
 
 , 115 
 
 Stauffer, IBS 
 431 
 
 il Council ot 
 
 id Halton, In 
 
 57 
 
 58, 259 
 
 jean, 364, 432 
 
 jda, V. City of 
 
 if City of To- 
 
 le, 165 
 
 Loo V. Riley, 804 
 
 Lincoln, County of, v. Town of Niae;nra, 
 3<)7 
 
 I/incolnshire R. W. Acts, In re. East, 202 
 
 London, Municipality of Townsliip of, 
 V. G. W. 11. Co., 355, 370, 372, 373, 
 37!t, 384, 388, 389,407,411 
 
 M.\CK V, PtUttan, 409 
 
 Marr v. Corporation of Vienna, 376 
 
 Marsden v. Goode, 155 
 
 Mason v. jSIorgan, 304 
 
 ^lassingberd v. Montague, 429, 437 
 
 :\Iattlio\vs V. IJiddulph, 331 
 
 May V. Bnrdett, 304 
 
 Mclli.sh V. Town Council of Brantford, 
 
 In re, 158, 108, 170, 304 
 Meyers v. Wonniicott, lie, 390 
 Miuliie and the City of Toi-onto. In re, 
 
 118, 170, 217, 243, 245. 370 
 Middlesex, County of, and the City of 
 
 liOndon, In ve, 337 
 Midland Counties llailway Company v. 
 
 Oswin, 202 
 Milburn v. Millmrn, 155 
 2ilil!er v. Corporation of North Freder- 
 
 icksburgh, 277 
 Mills V. Brown, 199 
 Milton et nl. v. Duck, 253, 275 
 Miiigaye v. Corbett, 409, 433 
 Mitchell V. Foster, 72, 88, 431 
 
 " V. King, 155 
 Moore v. Jarron, 204 
 
 " V. G. T. llailway Co., S8 
 Moran v. Falnior, 80 
 Morse v. llynes, 237 
 Mountjoy v. The Queen, 275 
 Miinro et al. v. Grey, 428, 431 
 Murray v. McNair, 408 
 Myers v. Brown, a. Jt c 
 
 Macdoxald v. Roe, 429 
 McAiinany v. Tickell, 370 
 McAvoy V. Municipality of Sarnia, 195 
 McBride v. Gardham, 406, 412 
 McCarroU v. Watkins, 364, 366, 367, 
 
 309, 384, 389,411 
 McCarthy v. Corporation of the Village 
 
 of Oshawa, 270 
 McCorniick v. Oakley, 172, 399 
 McCuaig V. Unity Fire Ins. Co., 370 
 McCutchon and City of Toronto, In 
 
 re, 237, 238 
 McDonald v. McDonell, 439 
 V. Kobillard, 432 
 13 
 
 Mcnonell et al, v. McDonald, 425, 436, 
 
 440 
 McDougall V. Corporation of the Town- 
 ship of Lobo, 215 
 McElheron v. Menzies, 409 
 McGill and the Municipal Council of 
 
 Peterboro', In re, 146 
 McGrath v. Mnnicipality of the Town- 
 ship of Brock, 269 
 Mclntyrc v. The Municipal Council of 
 Bosanquet, 256 
 " V. Great Western Railway 
 Company, 486 
 McKenzio v. Campbell, 208 
 " V. Kingston, 154 
 
 McLean v. The Town Council of the 
 Town of Brantford, 20 
 V. Farrell, 412 
 McLellan q. t., v. Brown, 450 
 
 V. McLellan, 390 
 McMastcr v. Corporation of Newmar- 
 ket, 168 
 McNab and Daly, In re, 323 
 McPherson and IBceman, In re, 123, 
 
 128,412 
 JloWhirter v. Corbett, 40. 
 
 Xklsox Road Co. v. Bates, 86 
 Newberry v. Stephens, 407, 412 
 Nicholson v. The Guardians of the 
 
 Bradford Union, 19 
 Ni3souri,Municipality of East, v.llorse- 
 
 man et nl, 21, 186, 210, 211, 212 
 Norris v. Staps, 137 
 Northumberland & Durham, Corpora- 
 tion of, V. Corporation of Cobourg, 
 301 
 
 O'Neill and The Corporation of York 
 
 and Peel, In re., 17t 
 Orford, Municipality of, v. Bailey, 
 
 188. 212 
 Orr V. Ranney, 207 
 Ottawa, Sisters of Charity of, In re, 357 
 
 Pafford and The Corporation of Co. of 
 Lincoln, In re, 111, 149, 172, 175 
 
 Parker v. Municipality of United Town- 
 ships of Pittsburg and Howe Islaud, 
 257,238 
 
 Parks V. Davis, 326, 447 
 
 Paterson v. Bowes, 86 
 
 V. Todd, 409, 430 
 
 Patterson and Corporation of Grey, In 
 re, 149, 211 
 
XVIU 
 
 TABLE OF CASES. 
 
 Peak V. Waterloo and Seaforth Local 
 
 Board of Health, 238 
 Peck V. Munro, 432 
 Pentland v. Ilcath, Re, 390 
 Perdue v. Corporation of the Township 
 
 of Chins^uacousy, 19, 236, 259, 267 
 Perry v. The Corporation of Ontario, 1 9 
 " V. The Town of Whitby, 147, 
 171,361 
 Perth, Judge of Co. Court of,- In re, 
 
 381, 390 
 Peterboro', Corporation of, v. Burnham, 
 
 57 
 Pliillip's case, 60, 124 
 Pigeon V. Bruce, 99 
 Pirn V. The Municipal Council of On- 
 tario, 19, 335 
 Plaxton, et al. v. Smith, 86 
 Port SVliitby <fe Lake Scugog, Simcoe 
 
 and Huron Road Co. v. Corporation 
 
 of Whitby, 274 
 Pousett cfe Co. of Lambton, In re, 324 
 Preston and the Corporation of Tiie 
 
 Township of Manvers, 139 
 Price V. Seely, 331 
 Prince and Corporation of City of 
 
 Toronto, In re. 332, 333, 335 
 Pringle v. McDonald, 128 
 Proudfoot V. Bush, 437 
 Prouse V. Glenny, 252 
 Purdy V. Farley, 272, 273, 275 
 
 Queen v. 
 
 " V. 
 
 " V. 
 
 " V. 
 
 " V. 
 
 " V. 
 
 " V. 
 
 " V. 
 
 " V. 
 
 Aston, 87 
 
 Backiiouse, 72 
 
 Bisiiop of Huron, 231 
 
 Blizard, a. a c. 
 
 Board of Guardians of Epsom 
 Union, 275 
 
 Brown, et al, 274 
 
 Ciiitty, 58 
 
 Coaks, 131 
 
 Commissioners of Land Tax 
 for Tower Division of Mid- 
 dlesex, 397 
 
 Court of Revision of Town of 
 Cornwall, 383, 384, 387, 388 
 
 Cornwall, Mayor of, 86 
 
 Cowan, 72 
 
 Cummings, 132 
 
 Fitzgerald, 321 
 
 Francis, 59 
 
 Gore District Council, 128, 
 211 
 
 Great Western R. Co. 252 
 
 Hall, 232 
 
 Queen v. Ilaldimand, Municipal Coun- 
 cil of, 276 
 
 " V. Hunt, 251, 252 
 
 " V. Justices of Shropsliire, 72, 88 
 
 " V. " of Worcester, 87 
 
 " V. Lane, 113 
 
 " V. Light, 331 
 
 " V. Morris, 266 
 
 " V. Munro, 191 
 
 " V. McLean, 321 
 
 " V. Perth, Municipal Council of, 
 259, 297 
 
 " V. Precco, 131 
 
 " v. Preston, 133 
 
 " V. Powell, 134, 321 
 
 " V. Plunkett, 252, 253 
 
 " V. Rankin, 25S 
 
 " V. Rivers, 123 
 
 " V. Rochester, Mayor of, 3S0, 383 
 
 " V. Ross, 317 
 
 " V. Row, 137, 316 
 
 " V. Smith, 1 20 
 
 " V. owitzer, 65 
 
 " V. Travers it Green, 134 
 
 " V. Walker, 331 
 
 " V. Yarrington, 321 
 
 " V. York, 59 
 
 " ex rel. Acheson v. Donoghue, 70 
 
 '• " Allemaing V. Zoc'ger, 65, 
 
 66, 69,""! 36, 211 
 " Armor v. Coste, 57 
 
 " •' Arnott V. JIarcbnnt, 57, 
 
 99, 108 
 " Bartlifle v. O'Reilly, 99 
 " Beaty v. O'Donoghue, 
 
 89, 90, 109 
 " Bendery. Pre.=ton. 56, 81 
 " Blasdcll V. Rochester, 54, 
 92, 131, 314 
 
 " " Blakeley v. Canavau, 56 
 
 " Bland v. Figg, 57 
 " Bngg V. Smitii, 68 
 " Bulger V. Smith, 76 
 " Carroll v. Beckwith, 55, 
 61, 62, 92 
 
 " " Chambers v. Allison, 54, 
 
 65, 61, 62 
 " Charles v. Lewis, 60, 74, 
 
 107 
 " Clarke v. McMuUcn, 90 
 " Coleman .v. O'Hare, 58 
 " Coupland v. Webster, 76, 
 
 107 
 " Crozier v. Taylor, 57, 107 
 " Davy V. Bogart, 90 
 
TAUI.E OF CASES. 
 
 XIX 
 
 Ciucen ex I'cl. Dnvia v. Wilson et al. 47, 
 1(7 
 " " Di!xtci' V. Gowan, 55 
 
 " " Dillon V. McNeil, 77, 107 
 
 " " Dnnciii8 V. Niles, 74 
 
 " " Evans v. Starrat, 110 
 
 " " Foatlierstono v. McMo- 
 
 nies, 106 
 " " Flanu<]janv.McMahon,In 
 
 re, 57 
 " " Fleming V. Smith, 54, 314 
 
 " " Ford V. Cottingham, 54, 
 
 55, 61, 62 
 " " Forward v.Bartols, 60, 61 
 
 Forsyth v. Dolson, 131 
 " " Freeman v. Jones, 107 
 
 " " Gamble v.Burnside, 192, 
 
 202 
 " " Gardiner v. Perry, 77 
 
 " " Gibbs V. Branighan, 80, 
 
 l(i7 
 " Goodall V. Phillips, 2t>7 
 " " Gordainer v. Perry, 107 
 
 " Grayson v. Bell, 1)1 
 " Hall V. Gray, 74 
 " Hart V. Lindsay, 90 
 " " Hnrtrey v. Diekey, 54 
 
 " Hawke V. Hull, 106, 107 
 " " Ilelliwell V. Stephenson, 
 
 74 
 " " Heenan v. Murray, 110 
 
 " Horno V. Clark, 72 
 " " Hume V. Lutz, 111 
 
 " Hyde V. Barnhart, 110 
 " " Johnson v. Murney, 78 
 
 " •' Johnvstou V. Price, 62 
 
 " " Laughton v. Baby, 54 
 
 " " Lawrence V. Woodruff, 96 
 
 " " Linton v. Jackson, 97 
 
 Loyall V. Ponton, 91 
 '• " Lutz V. Hopkins, 78 
 
 " V. Williamson, 58, 
 97 
 " " Mack V. Manning, a. <t c. 
 
 " Metcalf V. Smart, 54, 55, 
 97 
 " " Milligan v. Johnson, 62 
 
 " Mitchell V. Adams, 91 
 " Mitchell V. Rankin, 76 
 " Moore v. Miller, 58 
 " McGregor v. Ker, 54, 64, 
 369 
 •' " McKay v. Brown, 57 
 
 McKeown v. Hogg, 108 
 " McLaughlin v.Hicks, 101 
 
 Queen ex rel. McLean v. Watson, 58, 
 92, 90 
 '.' " McManus v. Ferguson, 
 
 49, 52, 111, 130 
 " " McMullcn V. UeLislc, 
 
 57, 91 
 " " McVonn v. Groham, (7 
 
 U.C. L.J.) 60, 61 
 " " Northwood v. Askin, 54 
 
 " Padwell V. Stewart, 58 
 " " Piddington v. Riddell, 
 
 a. A c. 
 " " Pollard V. Prosscr, 111 
 
 " " Preston v. Preston, 85, 66 
 
 " " Richmond v. Tegart, 57 
 
 " " Ritson V. Perry et al., 74 
 
 " Rollov. Beard, 58, 107 
 •' " Rosebush v. Parker, 91, 
 
 92 
 " " Sawers v. Stevenson, 57 
 
 " " Shaw V. McKenzie, 51, 
 
 63,91 
 " Stock V. Davis, 65, 59, 
 61, 378 
 Swan V. Rowat, 107 
 " Taylor v. Cicsar, 60 
 " Telfer v. Allan, 56, 92 
 " " Tinning v. Edgar, a. a c. 
 
 " Tilt v. Cheyne, 56 
 " Walker v. Hall, 76, 107 
 " White V. Roach, 91. 92 
 " " Wilson V. Davis et al., 
 
 73, 80 
 Quin and Treasurer of Town of Dun- 
 das, In re., 413 
 
 Raines v. Credit Harbour Co., 189 
 Ramsay V. Western Distri^*^ "!ouncil, 20 
 Read v. Edwards, 304 
 Reeves v. The Corport i of the City 
 
 of Toronto, 19, 236 
 Reid V. The City of Hamilton, 267 
 Ridout et al. v. Ketchum, 432 
 
 " V. Orr, 88 
 Robinson v. The Corporation of Strat- 
 ford, 265 
 V. Shields, 410 
 Roop V. Scritch, 321 
 Rose V. The Corporation of the United 
 Counties of Stormont, Dundas 
 and Glengary, 280, 285 
 " and Corporation of the United 
 Counties of York and Peel, In 
 re,194, 199 
 Ross V. Strathy, 414 
 
XX 
 
 TABLE OF CASES 
 
 Uowo V. TIjo Corporation of Leeds nnd 
 
 Grenville, 277 
 Kyckinna v. VnnVoltenburgh, 433 
 
 Sampson v. Ready, 59 
 
 Sams V. The Corporation of Toronto, 
 
 In re, 21, 146, 147, 274 
 Sandwicli, School Trustees of, v. Cor- 
 poration of Sandwich, 140, 147 
 Sargant v. City of loronto, 411 
 Saruia, Town of, v. Groat Western R. 
 
 Co., 253, 275 
 Scarlett <& Tho Corporation of York, 
 
 In re, 148, 256, 258 
 Sceally v. McCallum, 158 
 Schwinge v. Dowell, 262 
 Scot^ and The Corporation of tlio Town- 
 ship of Harvey, In re, 140, 
 206 
 
 " V. The Corporotion of the Town 
 ofPoterboro', 108,200 
 Scragg V. City of London, a. & c. 
 Secord and Corporation of Lincoln, In 
 
 re., 148, 149, 172 
 Seeker v. Taxton, Re, 422, 424 
 Secretary of War v. City of Toronto, 
 
 850,414 
 Sells V. Jilnnicipality ot St. Thomas, 
 
 In re, 1 70 
 Shaw V. Shaw, 855, 356, 388 
 Sheldon v. Law, 222 
 Sljort V. Palmer ct al, 310 
 Simpson v. The Corporation of Co. of 
 
 Lincoln, 143, 175 
 Slater v. Wells, 449 
 Smitli V. City of Toronto, 153 
 
 " V. Town Council of Euphemia, 
 256 
 
 " V. Shaw, 309, 408, 413, 421 
 
 " V. Wintle, 99 
 
 " V. United Counties of Prcscott & 
 Russell, 188 
 Snook V. Town Council of Brantford, 
 
 259, 267 
 SpaflFord v. Hubble, 805 
 
 V. Sherwood, 437. 
 Spry V. McKenzie, 406 
 Squire q. t. v. Wilson, 449, 450 
 Stafford v. Williams, 425 
 Standley and Municipality of Vespra 
 
 and Sunnidalc, In re, 148 
 Stark V. Ford, 321, 326 
 Stewart's Estates, Re, 262 
 St. George's Church, Churchwardens 
 
 of, V. Co. of Grey, 262, 268, 280 
 
 Stoddart v. Muiiiei|ia!ity of WIUkt- 
 
 force, Orattan it Fra.-icr, 2i}i) 
 Stoneburgh v. Tlie Miiiiicipalil y of 
 
 Brighton, 20 
 Stonehouso v. Elliott, 3:31 
 Street v. County of K<'iit. ',','<('>, 11.". 
 426, 428 
 
 " V. County of Simi.'oe, '■'•'iCi 
 Strong V. Harv('3', 155 
 Stubbs V. Parsons, 370 
 Sutiiorland v. Tiie Miinicipiil Couuril 
 
 of Tho Townshi]) of l-^iist IsL'^souri, 
 
 112,148, 149. 153 
 Sutton's Case, 357 
 
 T.\KNEtt V. Blssell, 200 
 Tawney's case, 168 
 Tccflesv. Carson, 412 
 Terry and Municipality of tiie Town- 
 ship of Haldimand, In re, 140, l'.^;'. 
 Thomas v. Morgan, 304 
 
 V. Wilson ct nl, 21 
 Thompson v. Hamilton, 155 
 
 " et al. V. McLean et nl. 40, 4ii 
 
 Thurlow, Township of, v. Bogart, 275 
 Tilt V. Municipality of Toronto, 205 
 Timothy v. Simpson, 331 
 Todd V. Perry, 40,'^, 412, 446, 447, 44'.> 
 
 " V. Worry, 429 
 Toder v. Sansam, 01 
 Toronto, City of, v. Bowes, 58, 86, 103, 
 164. 
 City of, V. Tlie G rent Western 
 Railway Company, 389 
 " School Trustees of, v. Corpo- 
 ration of City of Toronto, 
 S34 
 Tozer and Preston, Re, 390 
 Trent & Frankfort Road Compaiiy v. 
 
 Marshall, 20, 447. 
 Trust and Loan Company of U. C. v. 
 
 City of Hamilton. 159, ioo. 
 Trustees School Section No. 3, Calodon, 
 V. Corporation of Townshij) of Cale- 
 don, 125. 
 Turner v. Corporation of the Town of 
 
 Brantford, 277. 
 Tylee v. Municipality of Waterloo, 1 07, 
 171, 172, 399. 
 
 Vanaciier's case, 59. 
 
 Vic -"na. Corporation of, v. Marr, 405. 
 
 Wade v. Thompson, 370 
 AValton et al. v. Jarvis, 408 
 
TAHLK <)K l'ASi:S. 
 
 xxi 
 
 Waivlfll V. Cliisholm, oOiJ 
 
 »V(inie V. Covilter, SOU, 418 
 
 Wi.-ron V. Love, 151 
 
 V, at: rloo, Coi'iioralion of, and Corpo- 
 
 r.ition of Jinirit, In ri', 2C2 
 '.Viibb niui Corporation of Vannoutli. 
 
 In re, 148 
 Wuc'iifnn V. McDinrniid, 43!) 
 WflliM'^'toii, Muniiipal Corporation of, 
 V. Wilinot, 45 
 " Corjioration of, v. Wil-on, 
 
 •J5;J. -275, 270, 279, 280 
 Westbrook v. Calag-han, 1521 
 Westminster, Corjioration oP, v. l'.>.\, 
 
 1()1 
 Whitbj', Corporation of, v. Iliinlsini, 
 21, 4i>5. 112, 4M, Ml", llil, 
 44 7 
 Town of, V. Flint. 405, 446 
 Whithorn v. Thomas, 61, 126 
 Wildes V. llussell, 449 
 Wilkes V. Town Conncil of IJrantford, 
 
 Oiit 
 
 Williams v. Soliool Trustees of Plym- 
 ton, 211 
 
 Williams v. Taylor, 4ao 
 Wilson V. Munieipality of EIj,'in, 171 
 V. P(n't Hope, 256, 299 
 V. County of Midillcsex ot al,, 
 154 
 " and (Quarter Sessions of Huron 
 tt Bruco, Ro, 390, 437, 441 
 Winij;ato v. Tho Enniskillun Oil lie- 
 
 fmin;r Co., 20 
 Winter v. Keown et al., 269, 272, 2S0 
 AVoodruff V. Corporation of Town of 
 
 Peterboro', 293 
 Woods V. Mnnieipalities of Wentworth 
 and Hamilton, 262 
 " V. Uecd, 167 
 Worley v. Glover, 99 
 Wriy,lit V. Corporation of Grey, 168 
 
 V. Municipal Council of the 
 Township Cornwall, 127, 211 
 
 Yaiiwood, Re, 376 
 
 York Building Society v. Maeliunzie, 
 
 163 
 York & Peel, Justices of, Re, 390 
 Young V. Iliggou, 243, 451 
 
LIST OF ACTS . 
 
 IN WHOLE OR IN' PART PUDLISIIKI) IN THIS VOLUME, 
 
 COX. STAT. CAN. 
 
 (1 
 II 
 <( 
 II 
 II 
 II 
 II 
 II 
 II 
 
 CON. STAT. U.C. 
 
 II 
 II 
 II 
 II 
 II 
 II 
 II 
 II 
 <i 
 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 Cap. 
 
 S8 . , 
 53 ., 
 
 82 ., 
 
 83 ., 
 
 84 . 
 8.5 . , 
 80 ., 
 
 87 .. 
 
 88 . 
 
 95 .. 
 
 96 ., 
 
 o 
 
 •) . 
 
 4(5 . 
 
 47 . 
 
 48 . 
 
 56 . 
 
 57 . 
 
 58 . 
 50 . 
 (if) . 
 7!) , 
 12.5 
 127 
 
 STAT. 23 VIC . . . Cap. 7 
 
 I'Aiir,, 
 , 47« 
 , 481 
 
 , 48;i 
 
 , 4!)1 
 . 517 
 , 525 
 , 52(5 
 , 527 
 . 529 
 , 5.'il 
 , 533 
 
 . 539 
 . 552 
 . 555 
 . 558 
 . 562 
 , 505 
 . 570 
 . 575 
 
 • ^'V 
 
 , 578 
 
 . 579 
 . 583 
 
 . 585 
 
 PAOE. 
 
 STAT. 23 VIC. . . . Cap. 35 .... 58f. 
 " " Cap. 36 580 
 
 STAT. 26 VIC. . . . Cap. 1 .... 587 
 
 STAT. 27 VIC. ... Cap. 17 .... 58.' 
 Cap. 18 591 
 
 .STAT. 27 it 28 VIC. Cap. 52 . . . 59". 
 
 STAT. 28 VIC. ... Cap. 8 .... 591 
 
 Cap. 20 595 
 
 " " Cap. 24 5',i7 
 
 STAT. 29 VIC. ... Cap. 21, s, 2(1, 
 
 21, 22. 23, 24, 25, 26, 27, 28, 
 
 29, 30, 31, 32, 33, 70, 82, 
 
 ScIkhIuIus D. ami K 50r' 
 
 " " Cap. 40 iloT 
 
 STAT. 29 & 30 VIC. Cap. 5 Co'.' 
 
 Cap. 51 IT 
 
 Cap. 52 317 
 
 " . Cap. 53 35'J 
 
 " " Cap. 55 C.]:. 
 
 EXPLANATION OF ABBREVIATIONS. 
 
 V. C. Q. B. — The Upper Canada Qucen'.'j Bench Reports. 
 
 U. C. C. p. — The Upper Canada Common Pleas Reports. 
 
 U. C. Pr. R. — Tlie Upper Canada Practice Court Reports. 
 
 U. C. Cham. R. — The Upper Canada Cliamber Reports. 
 
 U. C. L. J. — The Upper Canada Law Journal. 
 
 L. C. G. — ^The Municipal and Local Courts' Gazette. 
 
 R. & 11. Dig. — Robinson & Harrison's Digest of the Upper Canada Reports. 
 
 II. ife O'B. Dig. — Harrison A O'Brien' ,5 Digest of tlie Upper Canada Report?. 
 
 fl. <s c. — Additions and Corrections. 
 
C M T E N T S 
 
 — ^ — 
 
 Profuce to First Edition ■^' 
 
 Prefnco to Secoiul lAlition ^^- 
 
 Tablu of Cases >^'i'- 
 
 Li^t of Statutes ^>-''- 
 
 Munieipal Act ^"^ 
 
 Municipal AmeiuluK'iit Act " ' 7 
 
 Assessment Act "'- 
 
 Rules and Fonus '»''l 
 
 Additional Statutes -i?.". 
 
 Index '"'17 
 
 Additions and Correcli -ks 691 
 
THE 
 
 MUNICIPAL MANUAL. 
 
 AN ACT RESPECTING THE MUNICIPAL INSTITUTIONS 
 OF UPPER CANADA, (a) 
 
 Bciug Chapter 51 of 29-SO Vict., as amended by Chapter 52. 
 
 [Assented to 15th August, 1866.] 
 
 Her Majesty, by and with the advice and consent of PreamWe. 
 the Legislative Council and Assembly of Canada, enacts as 
 follows : 
 
 EXISTING INSTITUTIONS CONTINUED. 
 
 1. The inhabitants of every County, City, Town, Village, 
 Township, Union of Counties and Union of Townships incor- 
 porated at the time this Act takes effect, shall continue to be 
 a body corporate, and every Police Village then existing shall 
 
 Munitipal 
 
 Corporations 
 
 continued. 
 
 (a) It has been objected to Statutes, both Imperial and Colonial, 
 that their sections are generally involved in a number of provisos, 
 and filled with a redundancy of words. For the first, the remedy 
 sxiggested is distinctness of subjects, short clauses, short sentences, 
 and the avoidance of tautology. For the second, the use of the 
 present instead of the future tense, as being a more familiar style of 
 writing, and preventing the frequent use of the word " shall" as a mere 
 auxiliary, expressing the future at one time and obligation or penal 
 consequences at another. The framers of this Act, alive to the nature 
 of such objections, have evidently sought to supply the appropriate re- 
 medies. The absence of proviso upon proviso, and the substitution of 
 short and complete clauses.manifests a laudable desire to avoid all ground 
 of objection on the first head. The use of the present, instead of the fu- 
 ture tense throughout the act also attests the anxiety of the framers to 
 avoid obscurity. The propriety of this mode of expression depends upon 
 the principle, that in a statute as at common law, the law is at all times 
 supposed to be speaking. The use of the future tense rests upon the 
 principle that a statute ?peaks at and from the time that it becomes a 
 law, and that so speaking, as it were prospeotively, its provisions 
 
I 
 
 .Mice Vil- 
 ' :2e». 
 
 Utads, Offl- 
 
 iaws, Ac., 
 'ontinucd. 
 
 IS THE MUNICIPAL MANUAL. 
 
 continue to be a Police "Village, with the municipal boun- 
 daries of every such Corporation and Police Village rcs^poc- 
 tivoly then established. 
 
 2. The trustees of every Police Village existing wlion this 
 Act takes effect, shall be deemed the trustees respectively of 
 every such Village as continued under this Act. 
 
 3. The head and members of the Council, and the oilicers. 
 by-laws, contracts, property, assets and liabilities of every 
 ]\runicipal Corporation, and the inspecting trustees of every 
 Police Village existing when this Act takes effect, shall bo 
 deemed the head and members of the Council, and the ollicers, 
 by-laws, contracts, property, assets and liabilities of such Cor- 
 poration and inspecting trustees of such Police Village, as 
 continued under and subject to the provisions of this Act. 
 
 NAMES AND GOVERNING BODY. 
 
 1. — CourORATIONS. 
 
 xames of * J:. The name of every body corporate continued, or erected 
 
 Car^MtioM under this Act, shall be The Corporation of the Oounfi/, City, 
 
 Town, Village, Toxctuhip, or United Counties, or United 
 
 Townships, (as the case may be), of (naming the same), (b) 
 
 must be expressed in the future tense. If it be a correct rule that a 
 law speaks at all times as ever operative, the correctness of framing it 
 in the present tense cannot be denied, and this, whether the law i? to 
 be applied to present or passing, or to pest, or to future events. The 
 effect of reading a statute thus framed, is that the Legislature is 
 regarded as alwaj-s present — pronouncing the law so long as the law 
 exists — the consequences of which is, that the law meets every event 
 to which it is applicable, as the eveut arises (Con. Stat. U. C, cap. 2, 
 8. 18, sub-s. 1). When it is considered that this act is for the guid- 
 ance and government of Municipal Councils, themselves law-makers, 
 throughout the length and breadth of Upper Canada, the importance 
 of simplicity and perspicuity cannot be overrated. The act and every 
 provision of it is to be deemed remedial. "Whether its immediate 
 jjurport is to direct the doing of any thing which the Legislature 
 deems for the public good, or to prevent or punish the doing of any- 
 thing which it deems contrary to the public good, the act is to receive 
 such fair, large and liberal construction and interpretation as will best 
 ensure the attainment of the object of its passing, and accord with its 
 true intent, meaning and spirit. (Con. Stat. Can., cap. 6, s. 6, sub-s. 28.) 
 
 (6) Words making any association or number of persons a Corpora- 
 tion or body politic and corporate, vest in the Corporation power to 
 sue and be sued — to contract and be contracted with in their corporate 
 name — to have a common seal, and to alter and change the same at 
 their pleasure ; to have perpetual succession, and power to acquire and 
 hold personal property or moveables for the purposes for which the 
 
 L 
 
 i^ 
 
THE MUNICIPAL MANUAL. 
 
 19 
 
 5. The inhabitants of every junior county upon a Provi- Name«of 
 
 "^ *^ ^ i rrovieloDal 
 — Corpontions 
 
 Corporation is constituted, and to alienate the same at pleasure, and 
 also, when not otherwise provided for, a majority of the members of 
 the Corporation to bind the minority by their acts, and exempt the 
 individual members of the Corporation from perponal liability for its 
 debts, obligations or acts, provided they do not contravene the provi- 
 sions of the Act incorporating them. (Con. Stat. Can., caji. 5, s. G, 
 sub-s. 24.) ^ 
 
 To consider these powers more in detail. 
 
 The first in order is " tr, sue and be sued." A Municipal Corpora- 
 tion, like an individual, under the limitations involved in its constitu- 
 tion and organization, may have recourse to the Courts of the country 
 to enforce rights and redress wrongs. So one Municipal Corporation 
 may sue another. [Huron District Council v. London District Council, 
 4 U. C. Q. B. 302.) So a Municipal Corporation may be sued for a 
 breach of contract, and in certain cases for wrongful acts not arising 
 out of contract. Thus a Municipsil Corporation may be sued for negli- 
 gence in the construction of a sewer, malfeasance in illegally obstruct- 
 ing a drain or water course, so as to injure tiie owner or owners of 
 land adjoining, or for wrongfully diverting a stream of water on plain- 
 tiffs land. (Farrell v. Tht Mayor and Town Council of London, 12 
 U. C. Q. B. 343 ; Reeves v. The Corporation of the City of Toronto, 21 
 U. C. Q. B. 157; Perdue Y. The Corporation of the Township of Chin- 
 ffuacousy, 25 U. C. Q.'B. 61.) To support an action against a Muni- 
 cipal Corporation of the nature suggested, although it is not necessary 
 to show any authority under seal to the person or persons who under 
 the supposed instructions of the Corporation actually did the wrong- 
 ful act, something must be shewn to connect the Corporation as a body 
 with the doing of the act. (Farrell v. The Mayor and Town Council of 
 London, 12 U. C. Q. B. 343.) If the Corporation had a right to do 
 that which they are charged as having wrongfully done, it seems they 
 may plead in general terms that they did the act comjilained of as 
 they lawfully might for reasons assigned. {Brown v. The Municipal 
 Council of Sarnia, IIU. C, Q. B. 81.) 
 
 The second power is to "contract and be contracted with." It is a 
 principle applicable to all Corporations, that they must contract under 
 seal. To this principle there are some exceptions. One of some 
 moment has been created with regard to Municipal Corporations. It 
 is that such a Corporation is liable to be sued in an action of debt on 
 siinj)le contract for the price of goods furnished, or labor done at their 
 request and accepted by them. (Fetterly v. The Municipality ofJiusscll 
 and Cambridge, 34 U. C. Q. B. 433). Though in such a case "there be 
 no contract under seal, the law implies an undertaking by a Corpo- 
 poration to pay for labor and materials employed in their service, and 
 of which they have accepted and are enjoying the benefit, provided 
 the purpose for which the labor and materials have been applied is 
 one clearly within the legitimate object of their charter. [Bartlett v. 
 The Municipality of Amherstburgh, 14 U. C. Q. B. 152 ; Feftn-h/ v. ?'//<: 
 Municipality of Russell and Cambridge, 14 U. C. Q. B. 433; l^im v. Ihc 
 Municipal Council of Ontario, 9 U. C. C. P. 304 ; Perrtf v. The Corpo- 
 ration of Ontario, 23 U. C. Q. B. 391 ; Nicholson v. The Guardians of 
 the Bradford Union, 1 L.;R. Q. B.;620.) The exception, however, does 
 
! ^; 
 
 
 H 1 
 
 20 THE MUNICIPAL MANUAL, 
 
 sional Council being or having been appointed for the county, 
 
 not extend to executory contracts, such as work, <fec., to be done, Lut 
 is confined to work in met done and accepted. {McLean v. The Town 
 Council of the Town of Branfford. 16 U. C. Q. B. 347; Wim/ate v. T/ie 
 Emmkillen Oil Itefimng Company, 14 U. C. C. P. 879.) An individual 
 dealing with a corporation througa its council or the members of tlie 
 jroverning body, is bound to notice the objects and limits of their 
 4)o\ver8 and the manner in which those powers are to be exercised, 
 and it is of much consequence that it should be borne in mind that 
 lliuir acts when beyond tlie scope of their authority or done in a man- 
 ner unauthorized, are in general nugatory and not binding on the 
 Corporation. {Ramsay et al. v. The Western District Council, 4 U. C, 
 Q. B. S74.) Where work was done under a contract not made with 
 tlie Corporation or any of its known officers, but merely witli persons 
 assuming to act as a duly appointed committee, it was lield that no 
 action would lie against the Corporation. {Stoneburgh v. The Munici- 
 pality of Brighton, 5 U. C. L. J. 38). No action can be sustained for a 
 breach of duty against the head of a Corporation in not ai)plying the 
 seal to make a contract between a Corporation and an individual, found- 
 ed on a refusal (which if there had been a previous valid contract) 
 would have constituted a breach of it ; in other words, there cannot be 
 a remedy against the head of a Corporation, equivalent to a remedy 
 on the contract against the Corporation, had the contract been duly 
 made so as to create a valid and binding agreement. {Fair v. Moore, 
 3 U. C. C. P. 484.) 
 
 The powers of a Municipal Corporation to have a common seal, 
 to acquire and hold personal property or moveables, and alienate 
 the same at pleasure, are too well known, and too thoroughly under- 
 stood to need comment in this place. The right of a Corporation to 
 acquire, hold and alienate real estate, generally depends upon the 
 special provisions of the statute or charter. The power, when not 
 otherwise provided, of a majority to bind the others by their acts, 
 and also the exemption of individual members of the Corporation from 
 personal responsibility will engage attention hereafter. 
 
 The next subject which it is proposed to consider is the corporate 
 name of the Municipal Corporation. It is " The Corporation of tho 
 County, City, Town, Village, Township, or United Counties, or United 
 Townships {as the case may be) of {naming tliem)." Thus, " The Corpora- 
 tion of the City of Toronto," and not as at one time " The Mayor, Alder- 
 men, and Commonalty of the City of Toronto." So, " The Corporation 
 of the County of Middlesex,)" and not as at one time " Tho Municipal 
 Council or Municipality of the County of Middlesex," Ac. The proper 
 corporate name of a Municipal Corporation ought to be used on all 
 occasions and in all places. But it has been decided that a by-law of 
 a Municipal Council is valid if it appear on the face of it to have been 
 enacted by a Municipal body having authority to make the by-law 
 under Ihe Municipal laws. {Li re Hawkins v. The Municipal Cottucil 
 of Huron., Perth and Bruce, 2 U. C. C. P. 72 ; Fisher v. The Municipal 
 Council of Vaughan, 10 U. C. Q. B. 492 ; In re Barclay and the Muni- 
 cipal Council of Darlington, 11 U. C. Q, B. 470). Slight variances in 
 the use of corporate names, where substantially correct have been 
 lield immaterial even in matters of contract. ' '^rock District Council 
 v. Buwen, 7 U. C. Q. B. 471 ; The Trent and rrankf or d Road Com jmwj 
 
THE MUNICIPAL MANUAL. 
 
 21 
 
 shall be a body co porate, under the name of Tlie Provisional 
 Corporation of the County of (naming it.) (c) 
 
 O. The powers of every bodj* corporate under this Act, xhe councils 
 shall be exercised by the Council thereof, {d) thdr^colpo- 
 
 rate powers. 
 
 2. — Police Villages. 
 
 7. The Police regulations of every Police Village shall be Trustees in 
 enforced through the Police Trustees, (e) \°^l ^■''■ 
 
 NEW MUNICIPALITIES. 
 
 Counties and Townsuips. 
 
 8. The Inhabitants of eVery County or Union of Counties iixtension of 
 erected by Proclamation into an independent County or Union Mu^^j^pau- 
 of Counties, and of every Township or Union of Townships ties. 
 erected into an independent Township or Union of Townships, 
 
 and of every locality erected into a City, Town or Incorporated 
 Village, and of every County or Township separated from any 
 Incorporated Union of Counties or Townships, and of every 
 County or Township or of the Counties or Townships if more 
 than one, remaining of the Union after the separation, being 
 su erected or separated after this Act takes effect, shall be a 
 Body Corporate under this Act. (/) 
 
 New Police Villages, 
 
 O. On the Petition of any of the Inhabitants of an unin- NowPoUce 
 corporated Village, the Council or Councils of the County or ' *°^^' 
 
 V. Marshall, IC U. C. C. P. 33G, Tlie Corporation of the Township of 
 Whitby V. Harrison, 18 U. C. Q. B, 603 ; Corporation of the County of 
 Bruce v. Cromar, 22 U. C. Q. B. 821.) It was however held differently 
 as to the int\tling of a rule in a proceeding against a Municipal Cor- 
 poration. (In re Sams v. The Corporation of Toronto, 9 U. C. Q. B. 
 181.) 
 
 (c) Sec note b, to s. 4. 
 
 {d) Members of the corporation exceeding their corporate powers 
 may, under certain circumstances, render themselves personallv respon- 
 sible for their acts. (Thomas v. Wilson et al., 20 U. C. Q. B. 331 ; see 
 also, Municipal Council of East Missouri v. Horseman, 9 U. C. C. P. 
 189.) ■ ... 
 
 (e) Police Villages are not Incorporated Villages (s. 422, sub-s. 1); 
 hence, not having a corporate seal, they can have no by-laws, but 
 regulations only. , 
 
 (/) Section 1 applies to existing corporations, but this section seems 
 to be prospective only, that is, applicable only to Municipalities here- 
 after to be erected, and applies to them by whatever authority created. 
 
22 
 
 THE JirxrCIPAL MANUAL. 
 
 if 
 
 When iv>pu- 
 lation 7S0, 
 Comity 
 CuuacU may 
 incorporate 
 a new Til- 
 lage and 
 name.plnce 
 for first dec- 
 tiou, and a 
 returning 
 officer. 
 
 Provlao. 
 
 Area of 
 Town or Vil- 
 lage limited. 
 
 Counties within which the vllhise is situate, may, by By-law, 
 erect the same into a Police Village, and assign thereto such 
 limits as may seem expedient, (jf) 
 
 New IxcoRPonATED Villages. 
 
 10. AVhen the census returns of an unincorporated Village 
 with its immediate neighbourhood, taken under the direction 
 of the Council or Councils of the County or Counties in 
 which the Village and its neighbourhood are situate, show that 
 the same contain over seven hundred and fifty inhabitants, 
 and when the residences of such inhabitants are sufficiently 
 near to form an Incorporated Village, then, on petition, by 
 not less than one hundred resident freeholders and house- 
 holders of the village and neighbourhood, of whom not fewer 
 than one-half shall be freeholders, the Council or Councils of 
 the County or Counties in which the village and neighbour- 
 hood are situate shall, by By-law, erect the Village and neigh- 
 bourhood into an Incorporated Village, apart from the Town- 
 ship or Townships in which the same are situate, by a name 
 and with boundaries to be respectively declared in the By- 
 law, and shall name in the By-law the place for holding the 
 first Election, and the Returning Officer who is to hold the 
 same; (/t) Provided, always, that: — 
 
 1. No Town or Village incorporated after the passing of 
 this Act. the population of which does not exceed one thou- 
 sand souls, hhall extend over or occupy within the limits of the 
 incorporation an area of more than five hundred acres of 
 land. (0 
 
 2. No Town or Village already, or hereafter incorporated, 
 and containing a population exceeding one thousand souls, 
 shall make any further addition to its limits or area, except in 
 the proportion of not more than two hundred acres fur each 
 additional thousand souls, subsequent to the first thousand. (_/) 
 
 {g) This clause of course does not apply to Villages either incorpo- 
 rated or already made Police Villages. 
 
 (/<) This section, so far, is in effect the same as s. 10 of the repealed 
 act, Con. vStat. U. C, cap tU. But what follows is new, and inserted 
 witli the intention of circumscribing Towns and Villages within reason- 
 able limits, in order that those who occupy lands for farming purposes, 
 may not be unnecessarily subject to Town or Village taxation. 
 
 (/) Tliis sub-section is ])rospective. Provision is made by sub-s. 3, 
 for existing Towns and Villages. 
 
 (,/) This sub-section is also prospective. "When the population docs 
 not exceed one thouspid souls, the maximum area allowed is 500 acres. 
 
THE MUNICIPAT, MANUAL. 
 
 2o 
 
 3. In the case of all Towns or Villages, now incorporated, 
 whenever the area thereof exceeds the proportionate limit 
 above prescribed, to wit, in all cases where the area exceeds 
 the population of five hundred acres for the first thousand 
 souls, and two hundred acres for each subsequent additional 
 thousand, then in all such cases the said Towns or Villages 
 shall not bo permitted to make any further addition to their 
 limits, 'until their population shall have reached a proportion 
 as aforesaid to their present area, (k) 
 
 4. But in all cases the persons then actually inhabiting the 
 land about to be included within the limits of any Town or 
 Vilbigo, may, for the purpose of such exten;non only, be held 
 and reckoned as among the inhabitants of such Town or 
 Village. (0 
 
 5. The County Council of any County or Union of Coun- 
 ties in Upper Canada, may, in their discretion, upon the appli- 
 cation by petition of the Corporation of any Incorporated Vil- 
 lage, whose outstanding obligations and debts do not exceed 
 double the net amount of the yearly rate then last levied and 
 collected therein, by By-law in that behalf, reduce the area 
 of such Village by excluding from it lands used wholly for 
 farming purposes : provided that such By-law shall define, by 
 metes and bounds, the new limits intended for such Incorpo- 
 rated Village ; and, provided alsQ, that no Incorporated Vil- 
 lage shall by any such change of boundaries be reduced in 
 population below the number of seven hundred and fifty sou^a; 
 and provided further, that the Municipal privileges and rights 
 of such Village shall not thereby be diminished or otherwise 
 interfered with as respects the remaining area thereof, (wi) 
 
 Kxlstlns; 
 Towns or 
 VlUanes ex. 
 ceodin;? the 
 nroa pre- 
 scribed. 
 
 How popula- 
 tion may bf- 
 reckoned. 
 
 nodncing 
 tlio area of 
 Villages. 
 
 Proviso. 
 
 Proviso. 
 
 ProTiso. 
 
 and by the sub-section here annotated, two hundred acres only can 
 be allowed for each additional thousand persons beyond the first 
 tlioufaiul. 
 
 (k) While in the case of existing Towns and Villages no provision 
 is hy this subsection made for restricting their existing limits, provi- 
 sion is made as to future increase, itc, that it shall be in the propor- 
 tions indicated, viz., five hundred acres for first thousand souls, and 
 two hundred acres for each additional thousand. 
 
 (/) Not for all purposes, but for the purpose of " such extension only," 
 which is an expression by no means free from doubt. But it is appre- 
 hended, the design is to exclude such persons from the obligation to 
 pay Town or Village taxes ; whether the language used is capable of 
 that construction inust be determined by the courts. 
 
 {m) Before a by-law can be legallj' passed under this sub-section, 
 certain things are neces-sary — there must be a petition from the Cor- 
 
24: 
 
 THE MUNICIPAL MANUAL. 
 
 When tlifl 
 Village lies 
 wltliin two 
 couQtieR, 
 how to be 
 anuexed to 
 one of them 
 by the Coun- 
 cils or Go- 
 vernor. 
 
 When by the 
 Uoverno'r. 
 
 AtlJitions to 
 VillHSM by 
 Governor. 
 
 Proviso. 
 
 1 
 y 
 
 V. 
 
 11. When the newly incorporated Village lies within two 
 or more Counties, the Councils of the Counties shall, by By- 
 law, annex the Village to one of the Counties; and it* within 
 six months after the petitions for the incorporation of the 
 Village are presented, the Councils do not agree to which 
 County the Village shall be annexed, the Wardens of tho 
 Counties shall memorialize the Governor in Council, setting 
 forth the grounds of diflFerence between the Councils ; and 
 thereupon the Governor shall, by proclamation, annex tho 
 Village to one of such counties. (») 
 
 13. In case the Wardens do not within one month next 
 after the expiration of the six months memorialize the Gover- 
 nor as aforesaid, then one hundred of the freeholders and 
 housekeepers on the census list may petition the Governor to 
 settle the matter, and thereupon the Governor shall, by pro- 
 clamation, annex the Incorporated Village to one of the said 
 Counties, (o) 
 
 1S|. In case the Council of an Incorporated Village petitions 
 . the Governor to add to the boundaries thereof, the Governor 
 may, by proclamation, add to the Village any part of the loca- 
 lities adjacent, which from the proximity of the streets or 
 buildings therein, or the probable future exigencies of the 
 Village, it may seem desirable to add thereto ; provided always, 
 that nothing herein contained shall be construed as authorizing 
 any departure from the provisions of sub sections one to five 
 of section ten of this Act. (p) 
 
 poration of the Incorporated Village, and wlicu the petition is received, 
 it is discretionary with, not obligatory upon, the County Council to 
 grant the ^irayer thereof. If the outstanding debts and obligations of 
 tlie Village exceed double the amount of tlie yearly rate then last 
 levied and collected in the Village, there is no power to pass the by- 
 law. If the effect of the by-law would bo to reduce the population in 
 the Village below seven hundred and fifty souls, tho by-law cannot be 
 legally passed. The by-law, when passed, must define by metes and 
 bounds the new limits intended for the Village. If the Village be 
 within the limits of two or more Counties, the sania must be by by- 
 law annexed to one or other of such Counties (s. H.) 
 
 (ii.) Tiie annexation is in the first instance left to tho County Coun- 
 cils jointly. If they do not pass the necessary by-law witliiu six 
 months from the time the petition for incorporation is presented, the 
 Wardens are to notify the Governor in Council thereof, and he is then 
 to cause the annexation by proclamation. 
 
 (o) In case of the neglect or refusal of the Wardens to do as in the 
 last section provided, a remedy is hero given. The months intended 
 are calendar months. 
 
 (/,) The power of the Governor to add to the boundaries is only to 
 
Tin: MUNICIPAL MANUAL. 
 
 35 
 
 two 
 By- 
 thin 
 
 the 
 rhicb 
 
 the 
 tins 
 and 
 
 the 
 
 EllECTIOX OF VILLAGES INTO TOWNS, AND TOWNS 
 
 INTO CITIES. 
 
 14. A Census of any Town or Incorporated Villngo may 
 jit any time bo taken under the authority of a ]5y-law of the 
 Council thereof. Qj) 
 
 tS. In case it appears by the Census return taken under 
 any Act of Parliament, (r) or under any such By-law, {s) that 
 a Town contains over fifteen thousand inhabitants, the Town 
 may be erected into a City; and in case it appears by the 
 return that an Incorporated Villafre contains over three thou- 
 sand inhabitants, the Village may be erected into a Town ; (t) 
 but the change shall be made by means of and subject to the 
 following proceedings and conditions : 
 
 Firstly — The Council of the Town or Village, shall for three 
 months after the Census return, insert a notice in some news- 
 paper published in the Town or Village, or, if no newspaper 
 he published therein, then the Council shall for three months 
 post up a notice in four of the most public places in the 
 Town or Village, and insert the same in a newspaper pub- 
 lished in the County in which tlie Town or Village is situate, 
 setting forth in the notice the intention of the Council to 
 apply for the erection of the Town into a City, or of the Vil- 
 lage into a Town, and .stating the limits intended to be included 
 therein ; 
 
 TiiwiiB Slid 
 CitifH how 
 furiiit'd: cull- 
 lllii. 
 
 Town con- 
 taiuiiiR over 
 fiftivii tliiiu- 
 RHnit Tnhiil'i- 
 tniitsmay l)o 
 mnji* a City ; 
 iiiid VillAt;i9 
 containlni; 
 over throe 
 thoiiaand, a 
 Towu. 
 
 1st— Nntt'e 
 to be given. 
 
 be exercised when the Council of the Incorporated Village petitions 
 for the addition to its boundaries. The Governor in makinsj; the addi- 
 tion is to be intluenced not only by the proximity of the streets and 
 buildings in the locality proposed to be added, but may look to the 
 probable future exigencies of the Village ; subject, however, to the 
 restrictions contained in sub-section one to five of section ten of this 
 Act. 
 
 (7) This and the following provisions are designed to facilitate the 
 formation of Villages into Towns, or Towns into Cities, whenever the 
 population is sutticiently increased. The Census, it will be observed, 
 may, under this section, be taken " at any time," but when taken, must 
 be under the authority of a by-law of the Council of the Village. 
 
 (r) Such as under Con. Stat. Can., cap. 33, providing for the taking 
 of a periodical census, is here referred to. 
 
 {a) Any such By-law, 
 section. 
 
 i e., a by-law passed pursuant to the last 
 
 _(/) The qualification, as it were, for tlio erection of a Town into a 
 City is fifteen thousand inhabitants, and for the erection of an Incor- 
 porated Village into a Town is three thousand inhabitants. 
 
20 
 
 THE MUNICIPAL MANUAL. 
 
 
 !'( 
 
 1 
 
 2n<l— I'roof 
 
 of pulllicH- 
 
 tlon ofiKitice 
 Hiid of cen- 
 
 Troclama- 
 tiuu. 
 
 ViUiigo made 
 a Town, 
 
 3nl— KxiBt- 
 ill^' dt'li.fi tu 
 be Mdjufited 
 In case of a 
 Town to bo 
 made a City. 
 
 4th — Oover- 
 nor may pro- 
 rlalm ouch 
 Town a City. 
 
 Kxtcnslon of 
 limiti. 
 
 Sccondl} — The Council of tho Town or Village shall cause 
 the census returns to bo certified to tho Governor in (^'ouncil, 
 under the signature of the TIead of tho Corporation and under 
 tho Corporate Seal, and shall also cause the publication afore- 
 said tn be proved to the Governor in Council, then, in the case 
 of a Village, the Governor may, by Proclamation, erect the 
 Village into a Town by a name to be given thereto in the 
 Proclamation ; (m) 
 
 Thirdly — In case the application is for tho erection of a 
 Town itito a City, (y) — the Town shall moreover pay to the 
 County which it forms part, such portion, if any, of the debts 
 of tho County as may be just, or the Council of tho Town 
 shall agree with the Council of the County as to the amount 
 to be so paid, and the periods of payment with interest from 
 the time of the erection of the now City, or in case of dis- 
 agreement the same shall be determined by arbitration under 
 this Act; and the Council shall prove to the Governor in 
 Council the payment, agreement or arbitration, (w) 
 
 Then, the Governor may, by Proclamation, erect the Town 
 into a City, by a name to be given thereto ''n tho Procla- 
 mation, (x) 
 
 10. The Governor may include in the new Town or City 
 such portions of any Township or Townships adjacent thereto 
 and within the limits mentioned in the aforesaid notice (ri) as 
 from the proximity of the streets or buildings, or the probable 
 future exigencies of the new Town or City, the Governor in 
 Council may consider it desirable to attach thereto, (i) 
 
 («) This and the preceding sub-section apply both to Towns and 
 Incorporntcd Villages. 
 
 (v) This sub-section applies to Towns onl}-. It is an additional condi- 
 tion precedent to the ap])licati()n. It is rendered necessary in the case 
 of a Town, ns distinguislied from a Village, because when a Town 
 becomes a Cltj-, it is no lon^jer like a Village becoming a Town, still 
 within the jurisdiction of the Municipal Council of Ihu County, as 
 respects debts and rates and reprcsentaliou by Reeves in tlie County 
 Council. 
 
 (jc) Three methods are provided. I'lrst, actual payment. Second, 
 a mutual agreement as to the amount and time of jiaymeiit. Third, 
 an arbitration in case of disagreement. 
 
 {x) The name, it will be observed, must be given in the Proclamation. 
 
 (a) Aforcmid notice. The notice intended is that mentioned at the 
 end of subsection 1 of the last section, and shows how important it is 
 for the notice to express clearly the limits of the Town or City, as 
 proposed bj' tho Council. 
 
 (6) See note p to s. 13. 
 
TIIK MFNICII'AL MANUAL. 
 
 27 
 
 17. Tbo (iovcrnor tuny divide tlio now Town or City into 
 Wards, with appropriate names and boundaricH, but no Town 
 shall bavo lc.«s than three Wards, and no Ward less than five 
 huiidred inhabitants, (r) 
 
 18. In case any tract of land so attached to the Town or Lnndd de- 
 City belonged to another County, the same shall thoncefur- ^JlfiaJr"' 
 ward for all purposes cease to belong to such other (bounty, 
 
 and shall belong to the same County as the rest of the Town 
 or City. ((?) 
 
 Nkw Division of "Waiids in* Cities and Towns. 
 
 10. In case two-thirds of the members of the Council of New division 
 a City or Town do in Council (e) before the fifteenth day of ^u^iJ'Haa'" 
 July in any ycar(/) pass a resolution (ij) affirminf? the oxpe- Towns, 
 diency of a new division into Wards being made of the City 
 or Town, or of a part of the same, {li) either within the c.xist- 
 in{» limits or with the addition of any part of the localities 
 adjacent, which from the proximity of streets or buildings 
 therein, or the probable future exigencies of the City or Town, 
 it may seem desirable to add thereto respectively, the Gover- 
 nor may, by proclamation, divide the City or Town, or such 
 part thereof into Wards, as may seem expedient, and may add 
 to the City or Town any part of the adjacent Township or Kxteneionof 
 
 (<•) It will be observed that this section has no reference whatever 
 to Incorporated Villages. It will also be observed that no Town 
 having less than 1500 inlmbitnuts can be divided into Wards under 
 this section. 
 
 {d) Towns and Cities for some purposes continue parts of the county 
 in wliicli situate, and this provides for tlio annexation for all purposes 
 of tracts detached under the operation of the foregoing section 
 
 (e) This it is apprehended nie.ins a majority of two-thirds of the 
 vjholc number of Councillors, and not merely two-thirds of a less num- 
 ber present nt the meeting, though the number present be sufficient to 
 form a quorum for ordinary business. 
 
 ( /■) It ought to be observed that the time is here expressly limited. 
 If the act authorised be done after the time limited, it would be a 
 nullity, 
 
 (r?) A Municipal Council ordinarily does pnbiic acts through the 
 instrumentality of a by-law. No by-law is, however, here necessary, 
 A formal resolution is all that is required. One difference between a 
 bj'-law and a resolution is that the former must bear the corporate 
 seal, "ud the latter need not do so. 
 
 {li) A change in one or more Wards of a City or Town, without 
 disturbing the remainuig Wards, is contemplated. 
 
28 
 
 TIIIC MrNICII'AL MANUAL. 
 
 TownsliipM, wliioli tlio Governor iti Council on tlio grounds 
 aforcsuid considers it dosiniblo to attach thoroto. (_i) 
 
 LuiEnriES in Cities Abolished. 
 N.i iiiMiic'H. ^O. Tliurc shall be no Liberties or outer Wards iu Cities. (./) 
 
 Existing By-Laws Coxtinukd. 
 
 ityiiiwH to 31. In case a Village bo incorporated, or an Incorporated 
 cuVo"tow"iii Village or Town with or without additional area, bo erected 
 sua viiiHgon, into a Town or City, the IJy-laws in force therein respectively 
 *'"■ shall continue in force until repealed or altered by the Coun- 
 
 cil of the new Corporation j (/i;) but no such By-laws shall bo 
 When not to repealed or altered, unless they could have been or can bo 
 le revealed- legally repealed or altered by the Council which passed the 
 same. (/) , 
 
 Ami when 358- In caso an addition be made to the limits of a Muni- 
 the limits of cipalitv, tho IJy-laws of the Municipality chall extend to the 
 litynraex. additional iiinits, and tho Jly-iaws of the Municipality from 
 tended. which the samo has been detached shall cease to apply to the 
 addition, except only By-laws relating to roads and streets, 
 
 •■( 
 
 !i ■ 
 
 I < 
 
 (i) Tills ndniits of tracts of adjacent Townships bciiiij added to 
 Cities or Towns and annexed to sfiecitic Wards. It would poem to be 
 in the discretion of the Governor to fix or define the Wards, or make 
 any necessary nlterntions therein, but it is probable that the wishes of 
 the Town or City Council would bo complied with by liiin. It may 
 therefore be imjtortant that the resolution should explicitly state the 
 changes or additions deemed expedient .y the Council. No published 
 or other notice of the intended application is required. 
 
 (j) Under former statutes, there were liberties and outer Wards 
 attached to Cities ; but it is believed that all such have been, before 
 tho passing of this statute, uicorporated in the Cities, and made inner 
 Wards thereof, and it is not deemed expedient to authorize cither 
 liberties or outer Wards for tho future. 
 
 (/.:) This section relates to Villages newly incorporated, to incor- 
 porated Villages made Towns, and to Towns made Cities. An 
 unincorporated Village is suliject to the jurisdiction and l)y-laws of 
 the Township and County Councils. Villages and Towns incorijorated 
 are themselves Municipalities, independent of Township Councils. 
 The design of this section is to continue the by-laws of the Township 
 Council in a Village newly incorporated, until the by-laws are altered 
 by the Council of the Village. So also the by-la.ws (If an incorporated 
 Village when it becomes a Town, and of a Town when it bocomes a 
 City, are continued until duly repealed, 
 
 (I) The object of this part of the section is to proliibit the repeal 
 by the new Council of by-laws securing the payment of debentures, 
 «tc., wliich could not be repealed by tlie old Municipal Council. 
 
 I 
 
THE MCNICIPAL MAMAr,. 
 
 20 
 
 il In cn^s 
 ; IttniM 
 
 and these shall rcninin in force until ropcnlud hy Hy-laws of 
 the Municipality nddeJ to (m) 
 
 LrAiiiuTY OF DK-nrs to Costistr. 
 23. In cnso of the formation of an Incorporated Village, J-Ht-iiifytn 
 
 • /• T 1 ^**ll ' A. ^M __ (J(*i>iH wO COD' 
 
 or of the erection of an Incorporated V illago into a iown, tinup. 
 or of a Town into a City, the Villai.'c, Town or City shall 
 remain liahlo to all the debts and liabilities to which the Vil- 
 lage or Town was previously liable, in like manner as if the 
 same had been contracted or incurred by the new Munici- 
 pality, (h) 
 
 2'lr. After an addition has been made to a Village, Town 
 or City, the Village, Town or City shall pay to the Township 
 or County from which the additional tract has been taken, 
 such part, (if any,) of the debts of the Township or County, 
 ns may be just;('>) and in case the Councils do not, within 
 three months after the first meeting of the Council of the 
 Municipality to which the addition has been made, agree as to 
 the sum to bo paid, or as to the time of payment thereof, the 
 matter shall be settled by arbitration under this Act. (/>) 
 
 (vi) Tlie olije.'t of this section ia to cxtund tho existing by -laws of 
 a llunieiitality to tracts of land added to the Municipality after tho 
 passinpj of tho bj'-law.'!, and to indicate tho exemption of such tracts 
 of land from tho operation of tho by-laws of tiie Municipality to 
 which they formerly belonged. Even tho operation of tho by-lawa of 
 the old Municipality creating debts, «fcc., are thus got rid of; but by- 
 laws relating to roads or streets, within the limits of such tracts, are 
 continued imtil repealed by the Council acfjuiring jiu-isdiction over the 
 tame. With regard to by-laws creating debt, sees. 23 and '24 of thia 
 act ought to be read in connexion with the one here annotated. 
 
 (n) This strengthens tho provisions contained in previous sections 
 for the protection of creditors. At one time Junior Townships and 
 Junior Counties only after separation were still made liable to existing 
 debts. The present section extends the liability to a newly erected 
 Incorporated Village, i. c„ renders it still liable for debts of tho Town- 
 ship at the time of the incorporation of the Village. A Village made 
 a Town, of course remains subject to its debts, being in effect the same 
 Municipality advanced to a Town. So if a Town be erected into a 
 City. The effect of this section is that a village newly incorporated 
 remains liable to pre-existing township debts, and towns and cities 
 respectively remain liable for tho debts contracted by them while they 
 were incorporated villages or towns. 
 
 (o) The effect of sec. 22 is to exempt tracts of land annexed from 
 the debts of tho Municipality to which they formerly belonged ; and 
 the effect of this section, read in connection with it, is to render the 
 Municipality to which the annexation is made liable to compensate the 
 former Municipality a reasonable proportion of the pre-existing debts, 
 
 (/*) Resort is to be had to arb' .ration only in case the Councils do 
 not, within three niontha after tlio lirst meeting of the Municipality 
 
30 
 
 THE MUNICIPAL MANUAL. 
 
 ! 
 
 !!■' 
 
 Former 
 Councils and 
 OtRcera to 
 exercife ju- 
 risdiction 
 over new 
 Municipali- 
 ties. Ac, 
 until new 
 O-iiincils are 
 organized. 
 
 Tuwn may 
 f.« with- 
 drawn from 
 jiirisdiotioii 
 t.t County by 
 liy-law on 
 Cfrnilu Con- 
 ditions. 
 
 Amount to 
 bi! paid Ijy 
 Town to- 
 ward.s ex- 
 penses of ad- 
 ministration 
 of justice to 
 bp suttk'd. 
 
 Councils and Ofkiceps to Continue. 
 
 25. In case any place be erected into an incorporated 
 Village, or an incorporated Village into a Town, or a Town 
 into a City, the Council and the members thereof having 
 authority in the place or Municipality immediately before 
 such erection, shall, until the Council for the newly erected 
 Corporation be organised, continue to have the same powers as 
 before ; and all other Officers and Servants of the place or 
 Municipality shnll, until di.smissed or until successors be 
 appointed, continue in their respective offices, with the same 
 powers, duties and liabilities as before, (y) 
 
 AYlTIIDUAWAL OF ToWNS FUOM TItK JuilISDICTION CF THE CoUNTY. 
 
 26. The Council of auy Town may pass a ]3y-law to 
 withdraw the Town from the jurisdiction of the Council of 
 the County within which the town is situated, upon obtaining 
 the assent of the electors of the Town to the liy-law in man- 
 ner provided by this Act, (/•) subject to the following provi- 
 sions and conditions : 
 
 1. After the final passing of the By-law, the amount which 
 the Town is to pay to the County for the expenses of the 
 administration of Justice, the use of the Gaol, and the erec- 
 tion and repairs of the Kegistry Office, and for providing books 
 for the same, as well as for the then existing debt of the 
 County, if not mutually agreed upon, shall be ascertained by 
 arbitration under this Act; and the agreement or award shall 
 distinguish the amounts to be annually paid for the said 
 expenses, and for the then debt of the County, and the num- 
 ber of years the payments for the debt are to continue ; (s) 
 
 to wliicli the ntldition has been made, agree as to the sum to be paid, 
 or as to tlie time of p.iyment. 
 
 ((j) Tiiis coiitiiiue.s tbe jurisclietion of tlie Townsliii) Council and 
 oflii'or.s, itc, over a newly niL'orporated Yill;io-L', find so of. tlio. Coun- 
 cil and otlioLTs of Villages and Towns respectively, until tiie orn-aniza- 
 tion of tlie Hrst Council of the new Municipality. 
 
 ()•) The exercise of tlie powers of tlie Council is made subject to the 
 assent of tliL electors, and even with the assent of tiie eh'Ctors is 
 further subject to the provisions and conditions in this section also 
 contained. The efl'ect of the withdrawal is hereafter explained, (see 
 note )•). 
 
 (.s) The amount to be paid b- the Town to the County is made up 
 of the following items : — 
 
 1. Expenses of Administration of Justice. 
 
 2. Cse of tlie Gaol. 
 
 3. Erection and repairs of Registry Office. 
 
 4. Books for the same. 
 
 5. The then existing debt of tbe County. 
 
THE MUNICIPAL MANUAL. 
 
 31 
 
 2. In aiijusting their award, the arbitrators shall, among 
 other thinj^s, t:\ke iuto consideration the amount previously 
 piiid by tlu! Town, or which the Town may be then liable to 
 pay, fur the construction of roads or bridges by the County, 
 without tlio limits of'the town ; and also what the County may 
 have paid, or be liable to pay, for the construction of roads or 
 bridges witliin the Town ; and they shall also ascertain and 
 allow to the Town the value of its interest in all County 
 property except roads and bridges within the Town ; (<) 
 
 3. AVhen the agreement or award has been made, a copy of 
 the same and of tiie By-law, duly verified by affidavit, shall 
 be transmitted to the Governor, who shall thereupon issue 
 his proclamation withdrawing the Town from the jurisdiction 
 of the Council of the County; (h) 
 
 4. After the proclamation has been issued, the offices of 
 Reeve and Deputy Reeve or Deputy Reeves of the Town shall 
 cease ; and no By-law of the Council of the County shall have 
 any force in the Town, except so far as relates to the care of 
 the Court House and Gaol, and other County property in the 
 Town; and the Town shall not thereafter be liable to the 
 County for, or be obliged to pay to the County or into the 
 County Treasury, any money for County debts or other pur- 
 poses, except such sums as may be agreed upon or awarded 
 as aforesaid ; (r) 
 
 5. After the lapse of five years from the time of the agree- 
 ment or award, or such shorter time as may be stated in the 
 agreement or award, a new agreement or a new award may be 
 
 Matters to 
 be consider- 
 ed in settling 
 tbo same. 
 
 Copy of 
 agreement io 
 be pent to 
 the Governor 
 
 ProcIatDH- 
 tion. 
 
 Effect, of 
 gucli I'rofln- 
 matlun. 
 
 New agree- 
 ment after 
 five years. 
 
 (<) The rule laid down is a fair one. Where the Town has contri- 
 buted towards building roads or bridges outside of its limits, credit is 
 to be given ; but when the roads, <tc., are within the limits, it is to be 
 debited with a fair proportion of the outlay. In addition, the Town 
 is to receive credit for the value of its interests in all County property, 
 except roads and bridges within the Town. 
 
 («) There is no time limited in any year within which the applica- 
 tion to the Governor General is to be made. 
 
 (v) The effects of withdrawal are here explained. 
 
 1. The oliices of Reeve and Deputy Reeve necessary only as 
 representatives of the Town in the County Council are to centt. 
 
 2. No by-law of the County (except so far as relates to the care 
 of the Court House and Gaol, and other County property in tlie 
 Town) is to have any force in the Town. 
 
 3. Tlie Town is not to be liable to the County for, or be obliged 
 to pay into the Countj' Treasury, any moneys (except as agreed 
 upon or awarded) for County debts or other purposes. 
 
I ?''■ 
 
 82 
 
 TlIK MUNICIPAL MANUAL. 
 
 Property 
 Mfter wlth- 
 Orawiil. 
 
 New Town- 
 fhip bnvonil 
 the limits of 
 Incorporated 
 Counties 
 niiiy lie at- 
 t>iche'l to a 
 Ciuuty by 
 proclamation 
 
 ■Tunlrr 
 Township 
 ciiiitHiniiis 
 101) i'reeholil- 
 prs. Ac, to 
 bi'i'orau a fe- 
 pftraK! Muni- 
 cipality. 
 
 made, to ascertain the amount (o be paid by the Town to the 
 County for the expenses of the Admini.-^trution of Justice. (?'') 
 
 C. After the withdrawal of a Town fi'om the County, all 
 property theretofore owned by the County, except roads and 
 bridges within the Town, shall remain the property of the 
 County, (.r) 
 
 TOWNSHIPS. 
 Enr.cTioN of New ToWNSiiirs. 
 
 97. In case a Township be laid out by the Crown in terri- 
 tory forminji; no part of an Incorporated County, the Governor 
 may by proclamation erect the Township, or two or more of 
 such Townships, lying adjacent to one another, into an Incor- 
 porated Township or Union of Townships, and annex the 
 same to any adjacent Incorporated County; and the proclama- 
 tion shall appoint the Returning Otlicer who is to hold, and 
 the place for holding, the first election in the Township or 
 Union of Townships, (a) 
 
 Sepauatiox of United TowNsiiirs. 
 SJ8- When a Junior Township of an Incorporated Union ('>) 
 of Townships ha.-) one hundred resident I'reehoMers and honne- 
 holders on the assessment roll as last finally revised and 
 passed, (f) such Town.ship shall, upon the first dny of January 
 then next thereafter, {<!) become separated from the Union, (c) 
 
 (?(') This is not to bo uiiclLTstood as referriiio- uierch'to tlio expense-! 
 of tlie ndmiuistration of cr';/(')(rt/ ju^jtice: for tiiey are to be clefravccl 
 by tlie Province. (Con. Stat. U. C. cap. 120.) 
 
 (.t) A fiiir result of the preceding subsections. 
 
 (a) At one time no Township could, for tlie purposes of election and 
 municipal government, be orj]fani/ed until it contained a certain j)o|)u- 
 lation. Here no sucli requirement is made. Th(f Govenior i.s enabled 
 by proclamation to incorporate new Townsliips, separately or in 
 unions. 
 
 {f>) Jimdcnt frcclwhlern and hoiischohkrs. Tlicre must bo at least 
 one hundred residents, and tliesc residents must be either freeholders 
 or householders, it matters not in what proportion. Females are not 
 in terms excluded, though it is doubtful wliether the law intends them 
 to be included. 
 
 ((■) Tiie assessment roll is under the asscFsment net revised and 
 finidly passed by the Court of Appeal constituted by that act. The 
 roll so revised and passed is the one here luentioned. 
 
 (d) Tlie day of separation is postponed until the new year, that is, 
 till the period is at hand for the yearly election of .Municipal Coun- 
 eillors. 
 
 (f) When the junior Town.ship attains the required population, the 
 separation is to take place by ojKrati.on of law. No l)y-law or procla- 
 mation is made necessary. 
 
Wi 
 
 THE MDNICIPAL MANUAL. 
 
 33 
 
 the 
 
 I- 0") 
 
 ,all 
 and 
 the 
 
 In 'What case 
 a Junior 
 Township 
 containing 
 lesB than lOi), 
 but oxcend- 
 ing 60, may 
 be separated, 
 and how. 
 
 30. In case a Junior Township has at least fifty but less 
 than one hundred resident freeholders and householders (/) 
 on the last revised assessment roll, (g) and two-thirds of the 
 resident freeholders and householders of the Township, peti- 
 tion the Council of the County to separate the Township frotn 
 the Union to which it belongs ; (h) and in case the Council 
 considers tho Township to be so situated, with reference to 
 streams or other natural obstructions, that its inhabitants 
 cannot conveniently be united with the inhabitants of an 
 adjoining Township for Municipal purposes, the Council may, 
 by By-law separate the same from the Union, (i) and tho 
 By-law shall name the Returning Officer who is to hold, and 
 the place for holding the first election under the same, (y) 
 
 Annexation of Gores. 
 30- The Governor may, by proclamation, annex to any TheGover- 
 Townsbip, or partly to each of more Townships than one, any "ex Qores'to 
 Gore or small tract of land lying adjacent thereto and not adjacent 
 forming part of any Township, and such Gore or tract shall "^""^ '''^' 
 thenceforward for all purposes form part of the Township to 
 which it is annexed, (/c) 
 
 Annexation of New Tow^-snirs. 
 
 31. In case a Township be laid out by the Crown in an New Town- 
 incorporated County or Union of Counties; or in case there within tii'e 
 is any Township therein not incorporated and not belonginj; ^''n"^ °J}^- 
 to an incorporated Union of Townships, — the Council of the Counties, to 
 County or United Counties shall, by By-law unite such Town- «j/^cenf '" 
 
 (/) See note 6 to preceding section. 
 
 (g) See note c to same. 
 
 (h) The petition may, under the circumstancci; stated, be made at 
 any time of tiie year. 
 
 (i) The power of the County Council to interfere is only when it 
 considers the Township to be so situated with reference to streams or 
 otlier natural obr.tructions that its inhabitants cannot conveniently 
 be united for municipal purposes with the inhabitants of an adjoining 
 township. 
 
 (j) It is to be noticed that the By-law is to fix the place for hold- 
 in<T tlie first election of Councillors and to name the Returning Oflicer, 
 neither of which is mentioned in the preceding section. 
 
 (k) This was originally taken from Statute 12 Vic, cap. 11, sec. 2, 
 which authorized such annexation for all purposes, including, of course, 
 municipal purposes. The proclamation must, it is presumed, as usual 
 in the case of Crown proclamations, be under the Great Seal of the 
 Province. {Keyley v. Manning, Cro. Car. 180.) 
 3 
 
u 
 
 THE MUNICIPAL MANUAL. 
 
 \l 
 
 Township', ship for Municipal purposes, to some adjacent Incorporated 
 HBdhow. Township or Union of Townships in the same County, or 
 Union of Counties. (I) 
 
 Townships 
 
 33. In case of there being at any time in an Incorporated 
 rated or°'^'^ Countyor Union of Counties two or more adjacent Townships 
 united may jjot incorporated and not belonging to an Incorporated Union 
 of Townships ; and in case such adjacent Townships have 
 together not less than one hundred resident freeholders and 
 householders within the same, — the Council of the County or 
 Union of Counties may, by By-law, form such Townships into 
 an independent Union of Townships, (m) 
 
 be formed 
 into unions, 
 an'J how. 
 
 Townships; 
 in ditfHrent 
 Counties. 
 
 Seniority (f 
 Townships 
 how regu- 
 hi ted. 
 
 33- In case the united Townships are in different Coun- 
 ties, the By-law shall cease to be in force whenever the union 
 of the Counties is dissolved, (ji) 
 
 Seniority of Townships. 
 
 34. Every Proclamation or By-law forming a Union of 
 Townships shall designate the order of seniority of the 
 Townships ao united, and the Townships of the Union shall 
 be classed in the By-law according to the relative number of 
 freeholders and* householders on the last revised assessment 
 roll, (o) 
 
 (l) There are in acme Counties tracts of land not surveyed or laid 
 out in Townships, and this section requires the County Council of any 
 such County to unite new townships when laid out with some adjacent 
 Township or Townships, in order that the inhabitants may at once 
 enjoy municipal rij^hts and be subject to municipal liabilities. 
 
 (jn) Under this section Unions may bo formed of two or more new 
 townships, instead of annexing them to old townships. This can only 
 be done when the joint population of resident freeholders and house- 
 holders is not less in number than one hundred. 
 
 (n) No case can arise under this section, unless the Union have 
 been made by the Council of United Counties of Townsliips in diffe- 
 rent Counties of the Union. When such has been done, and tlie 
 Counties afterwards become separated, provision is made for the 
 separation of the United Townships. The fact that the by-law is in 
 Buch an event to " cease to be in force," as near as may bo restores 
 the Townships to the situation in which they were before the by-law 
 passed. 
 
 (o) The order of seniority of United Townships is to be declared 
 in the Proclamation or By-law, as the case may b i, and the seniority 
 is to be govern-'i by population, so that the more populous Township 
 is tobe f T senior. 
 
THE MUNICIPAL MANr.\L. 
 
 85 
 
 S5 
 
 Coun 
 
 COUNTIES. 
 
 New Counties, 
 
 5. The Governor may, by Proclamation, form into a new New Coun- 
 ity, any new Townships not within the limits of an Incor- Ji;j;,g'j,°'^y 
 porateJ County, and may include in the new County one or Prociama- 
 niore unincorporated Townships or other adjacent unorganized nexed°or*"* 
 Territory, (defining the limits thereof) not being within an united. 
 Incorporated County, and may annex the new County to any 
 adjacent Incorporated County; or in case there is no adjacent 
 Incorporated County, or in case the Governor in Council con- 
 siders the new County, or any number of such new Counties 
 lying adjacent to one another and not belonging to an Incor- 
 porated Union, so situated that the inhabitants cannot con- 
 veniently be united with the inhabitants of an adjoining Incor- 
 porated County for Municipal purposes, the Governor may, by 
 the Proclamation, erect the new County, or new adjacent 
 Counties, into an independent County or Union of Counties, 
 for the said purposes, and the Proclamation shall name the 
 new County or Counties, (p) 
 
 3G. In every Union of Counties, the County in which the seniority of 
 County Court House and Gaol are situate, shall be the Senior JletlfowT' 
 County, and the other County or Counties of the Union shall guiated. 
 be the Junior County or Counties thereof, (j) 
 
 Laavs Applicable to, 
 
 ST. During the Union of Counties, all Laws applicable to Uwanppii- 
 Cuunties (except as to representation in Parliament and Regis- uXn^of 
 tratlon of titles) shall apply to the Union as if the same Counties, 
 formed but one County, (v) 
 
 Venue im. 
 
 38. In the case of United Counties, the venue in any vpnuehow 
 judicial proceedings shall be laid in the proper County of the ^^l^J^^ ^f 
 
 Countiec. 
 
 (/>) Tlie provisions of tliis section are talfen from sec. 35 of Con. Stat. 
 U. C, cap. .54. They facilitate tlie formation of Counties and Unions 
 of Counties in newly organized tracts of land, without the necessity 
 of express Acts of Parliament. 
 
 (q) There is not only seniority among United Townships, but seniority 
 among United Counties. While among the former seniority is to be 
 iletermined by population, among the latter it is to be determined by 
 the situation of the County Court House and Gaol. This was the old 
 law. 
 
 (r) The corporate name will be " The Corporation of the United 
 Counties of," &c. (naming the same), s. 4, 
 
36 
 
 i' 
 
 I'l'OvinInnal 
 peparation of 
 Viiifed 
 Counties by 
 Proclama- 
 tion appoint- 
 ing place of 
 nif eting and 
 presiding 
 officer ; 
 
 it 
 
 a id County 
 Town. 
 
 Wlio to pre- 
 Blde till I'rr. 
 visional Wipi 
 den chosen. 
 
 THE MUNICIPAL MANUAL. 
 
 Union (naming it) and describing i*; as one of the United 
 
 Counties of , and in such case the Jury for the trial 
 
 of any issue, Civil or Criminal, or the a.ssessnicnt of any 
 damages, shall be summoned from the body of the United 
 Counties, (s) 
 
 ERECTION OF PROVISIONAL CORPORATIONS AND 
 SEPARATION OF JUNIOR COUNTIES. 
 
 Presidi-vg Memder — FiusT Meeting — Countv Tow.v. 
 
 30. When the Census Eeturns taken under an Act of 
 Parliament, or under the authority of a By-law of the Council 
 of any United Counties, show that the Junior County of the 
 Union contains seventeen thousand inhabitants, or more, then, 
 if a majority of the Reeves and Deputy Reeves of such County 
 do, in the month of February, pass a resolution affiiming the 
 expediency of the County being separated from the Union ; 
 and if in the month of February in the following year, a 
 majority of the Reeves and Deputy Reeves transmit to the 
 Governor in Council a petition for the separation, and if the 
 Governor deems the circumstances of the Junior County such 
 as to call for a separate establishment of Courts and other 
 County institutions, he may, by Proclamation setting forth 
 those ftvcts, constitute the Reeves and Deputy Reeves for the 
 County a Provisional Council, and in the Proclamation appoint 
 a time and place for the first meeting of the Council, and 
 therein name one of its Members to preside at the meeting, 
 and also, therein determine tlie place for and the name of the 
 County Town. (<) 
 
 40. The member so appointed shall preside in the Council 
 until a Provisional Warden has been elected by the Council 
 from among the members thereof, (w) 
 
 (s) A declaration laying tlie venue in the United Counties of, itc, 
 (not naming the particular county) was held bad on special demurrer. 
 {Xthon lioad Co. v. BatcH, 4 U. (J. C. P. 281.) A writ of summons was 
 sued out before the separation of the County of Ontario from the 
 United Counties of York and Peel, directing defendant to apj)ear in 
 the United Counties of York, Ontario and Peel. It was not served 
 until after the separation, and the venue in the declaration was laid in 
 the three United Counties. The defendant thereupon demurred. Held, 
 not a frivolous demurrer. (Plaxton ct al. v. Smith, 1 U. C. Prac. Rep. 
 228.) 
 
 (t) The provision made for determining the County Town will, it is 
 hoped, be found sufficient to avoid the difficulties and delays that have 
 been heretofore experienced in such cases. 
 
 («) See 8, 135. 
 
 m 
 
mm 
 
 THE MUNICIPAL MANUAL. 
 
 87 
 
 u'ltcd 
 tr'uvl 
 
 F any 
 nitcd 
 
 ^ND 
 
 t\ct of 
 louncil 
 of the 
 !, then, 
 County 
 ing the 
 Union; 
 year, a 
 b to the 
 i if the 
 ity such 
 id other 
 nor forth 
 s for the 
 1 appoint 
 
 noil, and 
 
 meeting, 
 
 ne of the 
 
 10 Council 
 e Council 
 
 ties of, &c., 
 ill aeinurrer. 
 lunnions was 
 io from the 
 to appear in 
 3 not served 
 n was laid ia 
 lurred. Md, 
 C. Prae. Rep- 
 awn will, it is 
 ays tlmt have 
 
 Provisional Officer?. 
 
 41. fivery provisional Council shall from time to time ^ppoint-^^^ 
 appoint a Provisional Warden, a Provisional Treasurer, and ^iXnai 
 such other ProviB^onal Officers for the County, as the Council warden, 
 deems necessary, (w) 
 
 42. The Provisional Warden, shall hold office for the Jj^'Jf "" "^ 
 Municipal year for which he is elected, (to) 
 
 43- The Treasurer and other officers so appointed shall And of 
 hold office until removed by the Council, (x) 4c. 
 
 Purchase of Propeutv. 
 
 44. Every Provisional Council may acquire the necessary Provitionai 
 property at the County Town of the Junior County on which a^q^irei^ds 
 to erect a Court House and Gaol, and may erect a Court '"',^'^'^. 
 House and Gaol thereon, adapted to the wants of the County nouses, 
 and in conformity with any statutory or other rules and regu- 
 lations respecting such buildings, and may pass By-laws for 
 
 such purposes, (a) 
 
 Powers of the Union not to bk Interfered with. 
 
 45. The powers of a Provisional Council shall not inter- p°^^®gfo°*ai 
 fere with the powers of the Council of the Union, and any Councu not 
 money raised by the Provisional Council in the Junior County with powers 
 shall be independent of the money raised therein by the of the union. 
 Council of the Union, (b) 
 
 Debts and Assets of the Union. 
 
 46. After a Provisional Council has procured the neces- Agreement 
 sary property and erected thereon the proper buildings for a ""^^'^ ^'^^ 
 
 lution. 
 
 (v) The mode of appointment is not here specified ; but all snch 
 appointniei\ts had hetter be by by-law, under corporate seal. 
 
 (w) The i)ritnary duty of the Warden is to preside at the meetings 
 of the County Council. He needs no greater qualification than any 
 other member of the Council. His selection is made from the Reeves 
 and Deputy lleoves who compose the Council. 
 
 (a;) Thoii holding is during pleasure. They may, it is presumed, 
 he removed either by by-law or resolution. 
 
 {a) Power is given to the Provisional Council — 
 
 1. To acquire the necessary property on which to erect a Court 
 House and Gaol. 
 
 2. To erect a Court House and Gaol ; and these powers should 
 be exercised by b3'-laws. 
 
 (I) Tlio power to raise money is here implied. That power should 
 be exercised by by-law of the Provisional CounciL 
 
88 
 
 THE MUNICIPAL MANUAL. 
 
 (c) It is necessary that the Gaol and Court Houses sliould Ik 
 erected before an agreement resjjeetiug the debts of the I'nion is 
 to be entered into, and then and not till then the County about to be 
 separated is to arrange witlj tlie remaining County or Counties for a 
 due proportion of the joint debts. In case tlio Couiurils do not agree 
 at to the amount or periods of payment, they are to arbitrate. 
 
 ((/) The reason is plain. Thougii the members of the Trovisional 
 Council are also members cf the Conucil of the Union, yet iu tliis nego- 
 tiation, the matter lies between the Provisional Council on the one 
 liand and the Council of the Union on the other. And the Provisioual 
 Council being for this purpose an independent and interested body, it 
 follows that the interest of the Union, whiih is virtuall}' the interest 
 of the senior or remaining County or Counties should be protected by 
 the Councillors of the senior or remaining County or Counties. 
 
 (<) See section 353 et seq. 
 
 (/) The sum to be paid by the junior to the senior or remaining 
 County or Counties, is " the amount so agreed upon or settled," that 
 is, either the amount agreed upon between the Counties without arbi- 
 tration, or the amount settled by arbitration. 
 
 (g) Nothing - iiere said as to the rate of interest. 
 
 'V 
 
 :. 
 
 t ■ 
 
 When Provi- 
 sional Covin- 
 cillorH shaU 
 not vote. 
 
 Arbitrament 
 
 Payment of 
 debts upon 
 dissolution. 
 
 Debt to bear 
 interest. 
 
 Proviso : 
 If tliere are 
 no debts, as 
 to divlKion of 
 property. 
 
 Court Hou.se and Gaol, the Council may enter into an agree- 
 ment with the senior or remaining County or Counties for 
 payment to such County or Counties of any part of the debts 
 of the Union as may bo just, and for determining the amount 
 to be so paid and the times of payment, (c) 
 
 47. No member of the Provisional Council shall vote or 
 talce any part in the Council of the Union on any question 
 afiecting such agreement or the negotiation therefor. (<Z) 
 
 48. In case the Councils do not then agree as to the 
 amount or periods of payment, the matter shall bo settled 
 between them by arbitration under this Act, (c) and the junior 
 County shall pay to the senior or remaining County or Coun- 
 ties of the Union the amount so agreed upon or settled (/) 
 and such amount shall bear interest from the day on which 
 the Union is dissolved, and shall be provided fur like other 
 debts, by the Council of the junior County after being sepa- 
 rated : (g) provided always, that if no such debts exist and 
 the Councils do not agree as to the division of the property 
 belonging to the United Counties, that then an arbitration shall 
 t;ike place within twelve months after the sepsration of such 
 Counties has taken place, and the arbitrators shall take into 
 consideration and allow to the junior County the fair propor- 
 tion of the value of any personal property of the United 
 Counties, which by the separation of the Counties bcconies 
 the exclusive property of the senior County. Provided also. 
 
Proviso, 
 hs to canps 
 beroro thii 
 Act. 
 
 Term A and 
 time of gepa- 
 ration. 
 
 Jadge, Ac, 
 to be ap- 
 puiuted. 
 
 THE MUNICIPAL MANUAL. 39 
 
 that tho provisions in this section contained shall not apply to 
 any County where proceedings have been commenced or taken, 
 previous to tho passing of this Act, for separating such 
 County, (/t) 
 
 Governor to Appoint Judges, Ac. 
 
 49. After the sura to be paid by the junior County to the 
 senior or remaining County or Counties has been paid or 
 ascertained by agreement or arbitration, the Governor in 
 Council shall appoint for the junior County, a Judge, a Sheriff, 
 one or more Coroners, a Clerk of the Peace, a Clerk of the 
 County Court, a Registrar, and at least twelve Justices of the 
 Peace, and shall provide, in the commission or commissions, 
 that the appointments are to take effect on the day the Coun- 
 ties become disunited, (i) 
 
 tSO. The Office for the Registry of Deeds shall be kept in Registrar, 
 the County Town in like manner as in other Counties. (J) 
 
 Whes a Jdxioe County may be Separated. 
 
 £»1. After such appointments are made, the Governor shall, ^H«<i 
 by proclamation, separate the Junior County from the Senior when a*nd 
 or remaining County or Counties, and shall declare such sepa- J'p°'^/°f^^ |^^ 
 ration to take effect on the first day of January next after I'rocianm- ' 
 
 (A) The two last provisos of this sectioa aro new, the latter having 
 been introduced by tlie amending act passed in the same session, cap. 
 52. Where tlicre are no debts at tho time of the separation, the only 
 thing remaining for consideration is the division of the property in 
 wliicii botii are jointly interested. The arbitrators when making tiie 
 division are to take into consideration and allow to the junior County 
 the fair proportion of the value of any personal property of the Union 
 wiiicli by tho separation becomes the exclusive property of the senior 
 County. Tliis however is not to apply to any County where proceed- 
 ings for a separation were commenced or taken previous to the pass- 
 ing of this Act. 
 
 {/) It is not necessary for the Governor to defer making the appoint- 
 ments indicated till paj'ment. It is quite sufficient for the purpose 
 that the sum be paid by the junior to tho senior County has been 
 iiscertained by agreement or arbitration. 
 
 (,/■) It is by the Statute 29 Vie. cap. 24, s. 4. enacted that there 
 shall bo a separate Registry Office in every Hiding, Union of Counties, 
 and City in Upper Canada, wherein at the time of the passing of tlie 
 Act a separate Registry Office was established, and that whenever any 
 County should be separated for judicial purposes from a Union of 
 Counties, or a new County formed and set apart for judicial purposes, 
 there shall be a separate Registry Office establishecl therein by the 
 Oovernor in Council, which office shall be kept in the County Town in 
 like manner as in other County Towns. 
 
 JW 
 
iO 
 
 I'roperty 
 Uow (lirided. 
 
 Proviso' na 
 to execution 
 and fiervice 
 of writd. 
 
 K'i 
 
 THE MUNICIPAL MANUAL. 
 
 the cm! of three months from the date of the Proclama- 
 tion ; (k) and on that day the Courts and ofBcor.s of the 
 Union shall cease to have any Jurisdiction in the Junior 
 County ; (I) and the property of the Corporation of the Union 
 situate in tne Junior County shall become the property of the 
 Corporation of the Junior County, and the property situate 
 in the remaining County or United Counties shall be the pro- 
 perty of the Corporation of the remaining County or United 
 Counties ; (ni) Provided always, that nothing herein contained 
 shall prevent the SheriflF of any such senior county fi'oni pro- 
 ceeding upon and completing the execution or service within 
 the Junior County of any writ of mesne or final process in 
 his hands at the time of such separation, or of any renewal 
 thereof or of any subsequent or supplementary writ in the 
 same cause, or in the case of executions against lands from 
 executing all necessary deeds and conveyances relating to the 
 same, and the acts of all such Sheriffs in that behalf, shall be 
 and be held and construed to be legal and valid in the same 
 manner and to the same extent as if no separation had taken 
 place, but no further. («) 
 
 (A.) It will bo seen that tho separation does not neccs^sarily take 
 place on the first day of January next after tho proclamation, but 
 next after "tho end of three calendar months from the date of tho 
 ]>roclamation." So that if three calendar months of the cxj)irini^ year 
 do not remain after tho date of the proclamation, tho separation will 
 be deferred until the first day of January in the second year, reckoned 
 from the date of the proclamation. 
 
 (?) This is a very important provision. Every word of it deserves 
 attention. It is, that on tho day when the Junior County becomes 
 se))arato and independent •' tho Courts and officers of tho I'nioii sliall 
 ccanc to have any jurisdiction in the Junior County." Who are " offi- 
 cers of tho Union ?" Is a commissioner for taking affidavits, njipointed 
 by tlie Courts, such an officer ? Though there is room for argument 
 that he is not, the better opinion would appear to be tiiat he is. (Si'C 
 .VcW/iirtcr V. Corbeft, 4 U. C. C. P. 203 ; Carter v. Sidlhwi rt <il.. lb. 
 2'.»8 ; Glick v. Davidson, 15 U. C. Q. B. 591 ; Fleming v. MeN,ui;ihtcu, 
 K; U. C. Q. B. 194) Then the jurisdiction of all such officers after tiio 
 separation, as to the County separated, is to cease. 
 
 ()7i) Tho property here meant, it is presumed, is real property. Tho 
 ownership of it is made to depend on its situation. If within the 
 Junior County, the property of the Junior County. So if within tho 
 senior County, the property of the Senior County. 
 
 (h) This proviso is new and intended to meet difficulties which, 
 under tho old law, presented themselves. It was in one case lield that 
 the sureties of a SheriflF of United Counties were not liable after sepa- 
 ration for his conduct in office as Sheriff of tho Union County. ( Thomp- 
 son ct al. V. McLean ct al. 17 U. C. Q. B. 495.) 
 
^ 
 
 THE MUNICIPAL MANUAL. 
 
 Sa. K upon the dissolution of a Union of Counfic- thoro 
 is pcniling an action, information, indictment, or otlier judi- 
 cial proceeding in which the Venue is laid in a (\mnty of the 
 Union, the Court in which the action, information or indict- 
 ment is pending, or any Judge who has authority to make 
 orders therein may, by consent of parties, or on hearing the 
 parties upon affidavit, order the Venue to bo changed t<) the 
 new County, (o) and all records and papers to be transmitted 
 to the proper officers of such County, and in the case of any 
 such indictment found at any Court of Oyer and Terminer 
 and General Gaol Delivery, any Judge of cither of the .^iupe- 
 rior Courts of Common Law, nray make the order, (p) 
 
 •5JI. In case no such change bo directed, all such aetinns> 
 informations, indictments and other judicial proceedings t-hall 
 be carried on and tried in the Senior County. (<^) 
 
 Courts ix. 
 
 5-1. All Courts of the Junior County required to be held 
 at a place certain, (r) shall beheld in the County Town of the 
 Junior County, (s) 
 
 Persons in Prison. 
 
 55- Any person charged with an indictable offence, who, 
 at the time of the disuniting of a Junior from a Senior 
 County, is imprisoned on the charge in the gaol of the Senior 
 County, or is under bail or recognizance to appear for trial at 
 
 41 
 
 riiioe of trlitl 
 After diliHolu- 
 tlon of 
 untDiiH, tn 1m 
 UH orduroil by 
 thu Court of 
 H Jiulgu. 
 
 If no pped.il 
 ord- r 18 
 iiiikIu. 
 
 riai'u for 
 holding; 
 C'ourtfi nftor 
 separtttiuu. 
 
 IndlctaMo 
 ollViices, how 
 to be din- 
 posud of, 
 
 (o) The section applies only to pending actions, infornoations, in- 
 dictments, or other judicial proceedings, ttc, to be tried bi/ u Juri/. 
 The reiison is, that in any srcli proceeding, the jury is to be summoned 
 from the United Counties, ''■ separated County, as the case may l)e. 
 
 {p) It seems to bo in the ai.-=i;retion of the Court or Judge to grant 
 or refuse the application. 
 
 (7) Tiio senior County is that in which the Court House and G:. '1, 
 ite., are situate. (See. 86.) The object of this section is to lix the 
 County in which pending proceedings are to be continued, when no 
 order has been made under the preceding section for changing the 
 venue to the junior County after its separation. No provision is 
 made for the cliange of the style of venue. If no change be made, of 
 course the jury would be summoned from the senior or remaining 
 County or Counties ; so all other proceedings connected therewith 
 Avould be conducted therein. 
 
 (*•) Such as Assizes, Quarter Sessions, County Courts, and Surro- 
 gate Courts, but not Division Courts, unless it bo the Court for the 
 Division in which the County Town is situate. 
 
 (.s) This of eourse means after the junior County has become an 
 independent County by the separation. 
 
42 
 
 TIFK MfNICII'AL MANUAT,. 
 
 I 
 
 h 
 
 r 
 
 
 
 I 
 
 any Court iii tho Senior County, antl against whom no indict- 
 ment has boon fouml bof'iro tho disunion takes place, shall bo 
 indictoil, tried and sentenced in tho Senior County, (7) unless 
 a Judge of one of the Superior Courts of Common haw orders 
 tlie proeeediiiirs to bo conducted in the Junior County, in 
 which event the prisoner or recognizance (as tho case may be) 
 shall bo removed to tho latter County, and tho proceedings 
 shall be had therein ; («) and when in any such case tho ofl'onco 
 is charj^ed to have boon committed in a County other than 
 that in which .such proceedings are had, the venue may bo 
 laid in the proper County, describing it as *' formerly one of 
 the United Counties of.'\i;) &c. 
 
 I'EftSf 
 
 Bail. 
 
 I'roc*eillnj8 
 in civil ca«e4 
 UllJlT bHll- 
 
 •SO. Any person arrestc. ..eld to bail under civil pro- 
 cess, before the .separation of a junior from a senior County, 
 aiiii proccsg. ^^^ Hablo to be imprisoned, shall be so imprisoned in tho 
 Gaol of the County in which ho was arrested, and all proceed- 
 ings in any suit or action in which any person was so arrested 
 or held to bail, and all proceedings after judgment founded on 
 the arrest or holding to bail, shall be carried on as if the arrest 
 or holding to bail had taken place in such County as a sepa- 
 
 (i) OlTonecs wliicli may bo made the subject of indictrnent mid nro 
 below the criiiie of treason may be divided lato two clas.-ies — f'clonies 
 and niisdemeaiiors. The term felony appears to liave been loiiu; used 
 to sia'iiify the (l('i;'rec or cla.ss of crime committed, ratlier tliiin the 
 penal eonsiMiucncf ur forfeiture occasioned by the crime, accordinj^ to 
 its orin'inal rtii;nilieiition. The proper definition of it, liowever, as 
 stated by an excdKint writer, recurs to the subject of forfeiture, and 
 describes the word as si^nif^'inuj an otFence wliicli occasions n total 
 forfeiture of eitlier lands or lijoods or both, at common law; and to 
 whicli capital or other imnishment may be superadded, accortlinj>; to 
 the degree of jjjuilt. With regard to felonies created by statute, it 
 seems clear tiiat not otdy those crimes wiiich are innde felonies in 
 express words, but also all those which are decreed to have or und(!rgo 
 judgment of life and member by any statute, become felonies thd'eby, 
 whether the word " felony" be omitted or mentioned. Tlui word 
 " misdemeanor," in its usual acceptation, is api)lied to all those crimes 
 and offences for whicli the law has not provided a particular name, 
 and tliey may be punished according to the degree of the offence, by 
 fine, or imprisonment, or both. A misdemeanor is in truth any 
 crime less than a felony; misdemeanors compreiiending all indict able 
 ofl'enees which do not amount to felony, as perjury, battery, libels, 
 conspiracies and public nuisances. (Russell on Crinn;s, i. 4 J.) 
 
 ('0 By sec. 52, the power to change the venue can oidy be exer- 
 cised where the indictment, ifec, is /lonlhiff. This section ini[)]iedly 
 authorises a clianjje before indictment found. 
 
 (/•) The form of venue here given ought to be carefully observed. 
 
 J 
 
IF 
 
 I 
 
 Till': MCNlt II'AI, MANUAL, 
 
 43 
 
 vato Coutit}'. and in case the prococdinj^s iiro to bo liiid in 
 the Junior Ouunty, nil the rocorils anil piipors lolativo to the 
 case shall bo transmitted to the proper olhcer of thu Junior 
 County, (o) 
 
 I'Eiisoxa ON Gaol Limits. 
 S7. In case a debtor or other person be (in uianner pre- PriviieKen r.f 
 scribed by law) admitted to the Oaol Innits ot a ijiiion ot ,„itfHii to 
 Counties, and the Union be afterwards dissolved, or one or ^i;;"Von'di8- 
 more Counties be separated from the Union, such person or gohuiou. 
 debtor may notwithstandinfj; travel and reside in any portion 
 of the said Counties, as if no dissolution or separation had 
 taken pla <>, without couiniittin;i; a breach of any bond or 
 the condition thereof, or a forfeiture of any security <.'ivcn 
 for the purpose of obtaining; the benefit of such limits, (b) 
 and in case any such person after the dissolution of the Union 
 be snrnMidercd or ordered to bo committed to close custody, 
 hu sluill be surrendered or coniinitted to the Sheriff of the 
 {!ounty in which he was arrested and be imprisoned in the 
 Gaol tlun'cof. (c) 
 
 WllKS- I'lt'iVl-^IONAr, CulNClI-H, OniCERS, itc, TO r.lHii.MK Al'.Scil.lTK. 
 
 5S. When a Junior ('ounty is separated from a Union of onirHrsmid 
 
 n ' • 11 1 1 • !• I 11 • • 1 / < •! I'l'"!'*''''}'' 
 
 Counties, tlic heau and nu'mU(.'r.s ot the rrovihioiial I uuMcil ^c. lomi- 
 of the Junior County, and the ollicers, by-laws, contrncts, ""'''• 
 
 {(i) rrovislon is hero inn<l<.' fm- tlio case of n person nrrestcil or hold 
 to bail on fifil process; and it' imprisoned, it is not <inly (helarcd in 
 what, prison he shall he eontiiied, but in what {""(lunty i)i'oeei'din;j;s 
 shall be eaii'ied on, that is, in the ('ouiity in which he was arrested. 
 Ko Judges ortlei- is in terms made necessaiy. 
 
 {/;) The design of this, is to entitle ft debtor on the n'aol linuts of 
 Ignited Counties to linve the benefit of such linnts after as \\v\l as 
 betore tlie separation of one or more of the County or Counties from 
 the reiuaiiukr ; l)ut the neeessity for such a provision in the ])resent 
 altered state of the law is not vei'y apjiarent. Bonds to the limits are 
 no loii^-er eoiidilioned to abide within the limits of any pai'tieular 
 County or Counties, but " to observe and obey all notices, ord(;rs, or 
 Rules of Court, touchiiii; or coneerninp^ such debtor, or his answering 
 interrogatories, or his appeai'ing to be examined viva voce, or his 
 returning and being remanded into close custody," etc. (Con. Stat. 
 U. C, cap. '11, s. 25.) So long as the debtor is in a position to return 
 to the jtroper County, nnd observe and obey all notices, itc, he may 
 reside where he pleases without a breach of the condition of the limit 
 Bond. 
 
 ((■) While the debtor is on the limits, he may go where he pleases, 
 so long as in a position to observe and obey nil notices, ifcc. ; but if 
 committed to close custody, he is to be rendered to the Sheriff of the 
 County, whether junior or senior, in which he was arrested. 
 

 1 ■ 
 
 If 
 
 t, 
 
 ii 
 
 11 > -laws to 
 ('i)iitiiiUH ill 
 Cniiiiticsiitnl 
 Townsliips. 
 
 Upon <Iis«o- 
 lution of 
 Township 
 unions, the 
 .lunior to 
 piiy a ju;it 
 juirtion of 
 iJel)t8 of the 
 union; itixl 
 <ll>iI)ORltionof 
 property of 
 the union. 
 
 Joint into- 
 reiitia assets. 
 
 THE MUNICH'AL MANUAL. 
 
 property, assets and liabilities of the Provisional Corporation, 
 shiill be tlio head and members of the Council, and the officers, 
 by-laws, contracts, property, assets and liabilities of the ucw 
 Corporation. ((/) 
 
 Bv-LAW.^i, Dt:i!T« .\xr> Kates ok foumeu Unions of Cocsties or 
 
 ToWNSmi'S AFTER BEING DISSOLVED. 
 
 ri9. When a Junior County or Township is separated from 
 a Senior County or Township, the By-laws of the Union shall 
 continue in force in the several Counties or Townships which 
 composed the Union until altered or repealed b" the (Council 
 or Councils of the same respectively, (e) 
 
 fiO. After the dissolution of a Union of Townships, the 
 followiiij: shall be the C. position of the property of the 
 Union. (/■) 
 
 1. The ro.il property of the Union situate in the Junior 
 Township, shall become the property of the -fuuior Town- 
 ship ; 
 
 2. The real property of the Union situate in the remaining 
 Townsliip or Townships of the Union shall be the property of 
 the roiiiuiniiig Township or Townships ; (»/) 
 
 3. The two Corporations shall be jointly intorostod in the 
 other assets of the Union, and the same shall bo retained by 
 
 {il) Tiie llcovcs .and Deputy Reeves of ft junior Count}' may, under 
 .see. .'iO, and subject to tlio provisions of tliat section, he constituted ft 
 Provisional Council, with power to nppoint provisioiuil otUcers, make 
 contracts, and uiitler ftnd subject to the provisions of see. ."il, such 
 junior County may, by [)roclamation, be separated IVoni tlu; Union. 
 Hence it is enacted by the section iiere ftiinotated, that the head and 
 members of tiie Provisional Council of the junior (Jounty, and the 
 oflicers, ttc, shall be the head, ifcc., and the otHcers, ite., of tlie new 
 Cor[)oration . 
 
 (f) The e(f(!ct of this section is to continue cxistini;- liy-laws of the 
 Union in both tlio senior an<l junior (Viunties and T(>wn-;liiiis respec- 
 tively, after a si'paration, sulijei-t. to tin- piwers of eich indejiendent 
 Council, to rej):Ml or alter the same wlien the Council of the Union 
 inii,'ht have done so. 
 
 {/) This section, so far it will be observed is in its aiiplication 
 restricted to Townships exclusively. It is iiowever by subsection 7 
 made to ajiply in all cases where an incorporated Village sejiaratcs 
 from liie Township or Townships in which situate. 
 
 (f/) Tlie situation of the real property is made to o^overn its owner" 
 ship. If in junior Townsliip the ])roj)erty of Junior Township. If in 
 remainino- Township or Townships, 'hen the property of sucli Town- 
 ships. 
 
 I 
 
THE MUNICIPAL MANUAL. 
 
 45 
 
 oration, 
 officers, 
 the new 
 
 riKS OR 
 
 ted from 
 
 ion shall 
 
 ps which 
 
 Council 
 
 hip>', the 
 
 y 
 
 of th*: 
 
 10 Junior 
 or Tuwn- 
 
 rcinaininfr^ 
 iroperty of 
 
 cd in the 
 •ctained by 
 
 tnuy, under 
 (MistUuteil a 
 tHoe-rs, iniiku 
 sec. "il, such 
 ,1 tln! Union. 
 ,li(! hcml anil 
 
 iity, iiu'l ''''<' 
 ., "of thu now 
 
 ,y-lu\vrf of the 
 
 ii-;liilis i'L'spec- 
 
 iniU';)t'niUMit 
 
 of thu Union 
 
 tf; npplicalion 
 y subsi'(5ti()n 7 
 [ii<'e soi)arate5 
 
 the one, or shall be divided between both, or shall bo other- 
 wi.se disposed of, as they may agree j (Ji) 
 
 -i. The one shall pay or allow the other, in respect of the 
 said disposition of the real and personal property of the Union, 
 and in respect to the debts of the Union, such sum or sums 
 of money as may be just; («") 
 
 5. In case the Councils of the Townships do not within 
 throe months after the first meeting of the Council of the 
 Junior Township, agree as to the disposition of the personal 
 property of the Union, or as to the sum to he paid by the one 
 to the other, or as to the times of payment thereof, the matter 
 shall be settled by arbitration under this Act ; (_;) 
 
 6. The amount so agreed upon or settled shall bear interest 
 from the day on which the Union was dissolved ; and shall be 
 provided for by the Council of the indebted Township like 
 other debts ; (/j) 
 
 7. The provisions of the six preceding subsections shall 
 apply in all cases where an incorporated village separates f'-om 
 the Township or Townships in which it is situate. (I) 
 
 (h) The word " assets" ia a word well known to the law. It is 
 derived from the French word " msez" — enough. It has a restricted 
 and an enlarged sense. In its restricted sense it means goods enourih 
 to discharge that burden which is cast uj^on an executor, «fcc., in satis- 
 fying the debts of a testator, &,q. In its enlarged sense, as used in the 
 Municipal Act, it means property as opposed to liabilities. In the 
 section under consideration, provision is in the first subsection made 
 for the disposition of the real property of the Union situate in the 
 Junior Township ;" in the second subsection, of the "real property 
 of the Union situate in the remaining township or townships of the 
 Union ;" tlien, in the subsection here annotated, of " the other assets 
 of the Union." 
 
 {i) As may be just. A very vague but under the circumstances as 
 definite an expression as could well be used. The design of the enact- 
 ment is that the Township Councils should in the first instance come 
 to an understanding or agreement. Failing this, resort must under 
 the next subsection be had to arbitration. 
 
 (j) So far as the Act directs a distribution of property the Act must 
 be followed. The Corporations cannot of themselves make an arrange- 
 ment contrary to the Act of Parliament, but in matters wliere the Act 
 is silent as to the particular division of property or adjustment of 
 assets, it is in the power of the Corporation by amicable arrangement, 
 or through the medium of an arbitration, to adjust tiie same. (See I'he 
 Municipid Council of the Conntq of WelUngton v. The MunicipalHtj of 
 the Township of WUmot, 17 U. C. Q. B. 71.) 
 
 {k) Tlie rate of interest is not mentioned. 
 
 {I) This subsection is new. It is an extension of the provisions of 
 the section whicli originally was restricted to the case of a dissolution 
 of a union of Townships. 
 
 Arrange- 
 ment as to 
 debts. 
 
 How to bo 
 determined, 
 in case of dis- 
 agreement. 
 
 Amount set- 
 tled to boar 
 inttrest. 
 
 Case of Vil- 
 lage separat- 
 ing from 
 Township. 
 
■40 
 
 THE MUXICIPAL MANUAT.. 
 
 ; m 
 
 solutiun. 
 
 How only 
 otIiopi'H shall 
 be iitrwted. 
 
 Further as 
 to riliciTu 
 >in<l' 
 
 t i 
 
 01. In case of the separation of a County or Township 
 
 from a union of Counties or Townships, each County or 
 
 Township which formed the union shall remain subject to the 
 
 debts and liabilities of the union as if the same had been con- 
 
 LiaMiityof tractcd or incurred after the dissolution by the respective 
 
 ""btTuTthe Counties or Townships which constituted the Union, {)») and 
 
 lime of (lis- the tffc'ot of the separation of such Union on the ollicers 
 
 thereof and their sureties shall be as follows : (n) 
 
 1. The separation of a Junior County or Township from a 
 Union of Counties or Townships, shall not in any case or in 
 any manner whatever affect the office, duty, power or respon- 
 sibility of any public officer of the Union who continues a 
 public officer of the Senior County or Township or remaining; 
 Counties or Townships after such separation, or the sureties 
 of any such officer or their liability, iurthcr than by limiting 
 such office, duty power, responsibility, suretyship and liability 
 to the Senior County or Township, or remaining Counties or 
 Townships, (o) 
 
 2. All such public officers shall after such separation be 
 the officers of the Senior County or Township or remaining 
 Counties or Townships, as if they had originally been respec- 
 
 (>/)) Here wi' have doclareil the separate liability of each County or 
 Townsliip to tiio creditors of the Union, irrespective of tlie luljiisttnent 
 made under iirecedini;; sections between tiie Counties or Townships of 
 tlie Union Tiioiii;h it may he agreed by the adjnstnient tliat one 
 County or one Townsliip shall assume and pay all the debts of the 
 I'nion, creditors are not bound by any such arrangement. No arranu'e- 
 ment that nuiy be made without tlie assent of tlie creditors can absolve 
 ti»e remainini; Counties or Townsliips of the Union. Kacli County 
 and Township is liable to contribute towards the satisfaction of tiie 
 joint debts. (But sec sec. G4.) The liability, ns will be si'en by the 
 next section, exists in some cases thoUi;;h the debentures U]ion which 
 the liability arises be issued by the senior Countj', drc, alone, after 
 the dissolution of the Union. 
 
 (h) Tlie following sub-sections, found necessary in consequence of 
 previously discovered defects in tlie law, are new and important. (See 
 Carter v. SuUivaii, 4 U. C. C. P 2t>8, and G.'irlc v. Davvhm, l.". U. C. 
 Q. B. 591.) 
 
 (o) The necessity for such a provision as this will be manifest upon 
 reading Thomjmon et a', v. McLean et ttl., 17 U C. Q. 15. ■V.)!S. In tiiat 
 case it was held (Burns, J., dmeiitiente,) that witiiout such a i)rovision 
 the sureties of a Siieriff were relieved from liability by i-easoii of the 
 change in the office. To fix the linbilitiy of sureties bey<iud all doubt, 
 notwithstandinj; the separation of Counties, tiie I.eyishiture has not 
 only declared their continuous liability in tiie sub-section under consi- 
 deration, but repeated the declaration speeitieally in sub-section three 
 of the same aection. 
 
 ^^ 
 
THE MLTNICII'AL MANL'AL. 
 
 47 
 
 )wnpliip 
 uoty or 
 t to the 
 ;en con- 
 
 ppeotive 
 
 {m) and 
 
 ollicevs 
 
 p from a 
 do or in 
 • respon- 
 tiuues a 
 3infiinin<:; 
 sureties 
 r limiting 
 1 liability 
 )uutios or 
 
 ration 
 
 be 
 
 roiiiiiinuig 
 ;n rospec- 
 
 1 County or 
 luljiistnicnt 
 
 own>l\il>8 «f 
 lit thiit one 
 Icbtri of the 
 iS'o arraiit;-c- 
 caii iil>s()lvo 
 lach County 
 ction of the 
 H(«ou I'V the 
 upon which 
 alone, after 
 
 inseriuence of 
 lortiiut. (See 
 hou, 15 U. C. 
 
 uaiiifest upon 
 l'.)5. In that 
 h ii provision 
 vcarion of tlie 
 (lud all doubt, 
 .ature hat* "ot 
 n under consi- 
 ).serlion throe 
 
 tively appointed public officers fur sucb Senior County or 
 Township, or for such remaining Counties or Townships 
 only, (p) 
 
 3. All sureties for such public officers shall be and remain Their sure- 
 liable as if they had become the sureties for such public offices 
 
 in respect only of such Senior County or Township, or of such 
 remaining Counties or Townships ; and all securities which 
 have been given shall, after such separation, be read and con- 
 strued as if they had been given only for such Senior or 
 remaining County or Counties, or Township or Townships ; (q) 
 
 4. Nothing herein contained shall affect the right of new Rigiittonew 
 sureties being required to be given by any Sheriff, or by any Xc*ted.'*'^ 
 Clerk or Bailiff or other public officer, under any statute or 
 otherwise howsoever, (rj 
 
 6S. After the dissolution, the Council of the senior or Debentures 
 remaining County or Township shall issue its debentures or deWsra^nS^to 
 other obligations for any part of any debt contracted by the Wnd thff'U 
 Union for which debentures or other obligations might have nkipaiiTie.-" 
 been, but had not been issued before the dissolution, and such 
 debentures or obligations shall recite or state the liability of 
 the junior County or Township therefor under this Act; and 
 the junior County or Township shall be liable therefor as if 
 the same had been issued by the junior County or Town- 
 ship. (,s) 
 
 (/)) This is a consequence of the prccecliiiij sub-f ttion. The decla- 
 ration Is not only that tlic public officers of the u ■ ai shall, after the 
 separation, be the officers of the senior County or Township, or 
 remaining Counties or Townships, but be so " as if thej' had originall}' 
 been respectively appointed public officers for such senior County or 
 Township, or for such remaining Counties or Townships only." 
 
 (</) This sub-section, in view of whnt Is contained in the two pre- 
 ceding sub-sections, is scarcely necessary, r.nd is only to be found here, 
 owing to the excessive caution of the Legislature. 
 
 (>•) Tiie several sub-sections relate only to existing securities, and 
 so are not to be read as affecting the right to require new sureties, 
 when such new sureties ought to be given under any statute. 
 
 (.s) In the reading of this section there are three points to be noted. 
 Firxf, that after the dissolution, the Council of the remaining Count}' 
 or Townsliip shall issue its debentures, or other obligations ; but, to 
 be effectual under this section, only " for any part of any d(!bt con- 
 tracted by the Union." Second, that such debentures, &c., shall 
 recite or state the liability of the junior County or Township there- 
 for, under this Act: and third, that the junior County or Township 
 shall ho liable thereon as if the same had been issued by the junior 
 County or Township. Some doubt may arise on the third point, aa 
 
48 
 
 Awessments 
 for yoar pre- 
 ceding disso- 
 lution, vfho 
 to belong to. 
 
 Special rates 
 for debts 
 continued 
 aud Jo be 
 paid over by 
 'J'reasuror of 
 tbe Junior 
 County. 
 
 If the sum 
 pnld over ex- 
 cffd.s the 
 jiiht amount, 
 the expchs to 
 be refunded. 
 
 •ti^ 
 
 rrovl.jions to 
 apply tose- 
 pHtution of 
 Village from 
 Townships. 
 
 t 
 
 THE MUNICIPAL MANUAL. 
 
 63. AH assessments imposed by the Council of the Union 
 for the year next before the year in which the dissolution 
 takes effect, shall belong to the Union, and shall be collected 
 and paid over accordingly, and after the dissolution, all 
 special rates for the payment of debts theretofore imposed by 
 any By-law of the Union, shall continue to be levied in the 
 junior County or Township, and the Treasurer of the junior 
 County or Township shall pay over the amount as received to 
 the Treasurer of the senior County or Township, and the 
 latter shall apply the money so received in the same manner 
 as the money raised under the same By-law in the senior 
 County or Township. (/) 
 
 1- Tn cr.se ihc ainount so paid over to the senior County 
 or Township, or to any creditor of the senior County or 
 Township, in respect of a liability of the Union, exceeds the 
 sum which by the acreement or award between the Councils 
 the junior County or Township ought to pay, the excess may 
 be recovered against the senior or remaining County or Town- 
 ship as for money paid or as for money had and received, as 
 the case may be ; (a) 
 
 1. The provisions of the five preceding sections, numbered 
 sixty, sixty-one, sixty-two, sixty-three and sixty-four (except 
 the sub-sections to section sixty-one) shall apply in all cases 
 where an Incorporated Village separates from the Township 
 in which it is situated. (/>) 
 
 t 
 
 >1 
 
 M 
 
 to tlie imtiire of the liability, i. e., whether it is to be a joint aiul 
 several liability or joint onl}'. The words used, " ns if the same had 
 been irisned by the junior County or Town.ship," would indicate the 
 former. The object of the section is to provide for the completion of 
 seeurities to creditors not perfect at the time of separation. 
 
 (/) The riy;ht to rates for the year next prccedinfr the separation is 
 hero determined. The special rates mentioned are to be levied in 
 eacli respective Municipality, after separation, and be collected by 
 each respective collector, as if the By-law imposing the rates had been 
 made after tlie separation by each County or Township separately. 
 Such is the effect of the By-law of the Union having force in each 
 Munici])ality severally after the dissolution of the Union. The duties 
 of the Treasurers require careful attention 
 
 (n) Tlie liability of the junior County or Township respectively, 
 notwitlistandinsr separation, is explanied in tlic note to sec. 01. The 
 rii;ht of the senior County or Township to rates imjiosed before the 
 sei>aration, is also explained in the note to sec. 63. The section under 
 consideration provides for the reimbursement to the junior Munici- 
 pality any sum which the junior may have paid, exceeding tlic pro- 
 Iwrtion which it, according to the adjustment with the senior, was 
 jound to contribute. 
 
 (It) The insertion of this section here appears to be on afterthought 
 
THE MUNICIPAL MANUAT., 
 
 49 
 
 Union 
 ylution 
 llccted 
 jii, all 
 )scd by 
 
 ill the 
 
 junior 
 ;ived to 
 iml the 
 manner 
 Q senior 
 
 ■ County 
 mnty or 
 ceds the 
 Councils 
 cess may 
 or Town- 
 jeivcii, as 
 
 nmihered 
 
 ir (except 
 
 all cases 
 
 Township 
 
 a joint and 
 ii> gnuie had 
 nd'K-ate the 
 mipleliDii of 
 I. 
 
 Reparation is 
 be It! vied in 
 collected by 
 ites Imil been 
 ) soparatoly. 
 'oree in oaeh 
 The duties 
 
 respectively, 
 bee. 01. The 
 ed before the 
 section under 
 unior Munici- 
 dini; the pro- 
 c senior, was 
 
 1 afterthought 
 
 MUNICIPAL COUNCILS, &c., OP WHOM COMPOSED. 
 
 Tub Heads. 
 
 OtS. The l\ead of every County and Provisional Corpora- gwds^o' 
 tion shall be designated the Warden thereof and of every tions, *«. 
 City and Town, the Mayor thereof, and of every Township 
 and Incorporated Village, the Reeve thereof. 
 
 The Members. 
 
 66- The Councils of Counties, Cities, Towns, Incorporated County 
 Villages and Townships shall be constituted as follows : ((0 Councils. 
 
 1. — In Counties. 
 
 The Council of every County shall consist of the Reeves counties, 
 and Deputy Reeves of the Townships and Villages within the 
 County, and of any Towns within the County which have not .' 
 withdrawn from the jurisdiction of the Council of the County, 
 and one of the Reeves or Deputy Reeves shall be the War- 
 den, (e) 
 
 2. — In Cities. 
 
 The Council of every City shall consist of three Aldermen cities, 
 for every Ward, one of whom shall be Mayor, to be elected 
 in accordance with the provisions of the one. hundred and fifth 
 section of this Act. (/) 
 
 on the part of the Legislature. It resembles sub-sec. 7 of sec. 60, and 
 while clearly unaecessary so far as that section is concerned, is intend- 
 ■ed to have the same relation to sees. 61, 62, 68, and 64, which that 
 sub-section bears to sec. 60. 
 
 (c) Designated. That is described in all acta, deeds, writs, and mat- 
 ters of every kind in which it becomes necessary to refer to the head 
 of the corporation by name. The proper designation of a warden in 
 a q-uo warranto summons is " Warden of the Corporation of the County 
 of," «fec. But " Warden of the County of," Ac, is not improper 
 {The Queen ex rcl. McManus v. Ferguson, 2U. C. L. J., N. S. 19). 
 
 (J) It is not the duty of the members of a Municipal Council to 
 determine the validity of the election of one of their members. Where 
 the Returning OflScer has returned him elected, he may sit and vote 
 until unseated by process of law. (In re Hawk and Ballard, 3 U. C. 
 C. P. 241.) 
 
 (e) This sub-section is as much applicable to provisional as other 
 County Councils. It in terms applies to the Council of " every County." 
 
 (/) Formerly the Council of a City was composed of two aldermen 
 and two councilmen; the latter needing less property qualification 
 than the former, but having equal power of voting from each ward. 
 The office of councilman in Cities no longer exists. Its existence was 
 unnecessary, and its abolition under the circumstances proper and 
 right. But while the office of councilman is abolished, an additional 
 4 
 
1 
 
 50 
 
 THE MUNICIPAL MANUAL. 
 
 Towns. 
 
 Incorporated 
 Villageg. 
 
 As amencllKl 
 (ly cap. 52. 
 
 3. — In Towns. 
 The Council of every Town shall consist of the Moyor, who 
 shall be the head thereof, and of two Councillors for every 
 Ward, (g) and if the Town has not withdrawn from the juris- 
 diction of the Council of the County in which it lies, then a 
 Reeve shall be added, (h) and if the Town had the names of 
 five hundred freeholders and householders on the last revised 
 Assessment Roll, then a Deputy Reevo shall be added, and 
 for every additional five hundred names of persons posscssinj; 
 the same property qualification as voters on such Roll, there 
 shall be elected an additional Deputy Reeve, (i) 
 
 4. — In Incorporated Villages. 
 The Council of every Incorporated Village shall consist of 
 one Reeve, who shall be the head thereof, and four Council- 
 lors, and if th" '^'■'.■age had the names of five hundred free- 
 holders ano ^holders on the last revised Assessment Roll, 
 then of a iteeve, Deputy Reeve, and three Councillors, and 
 for every additional five hundred names of persons possessing 
 
 alderman is given to each ward. Another change is the provision for 
 the election of Mayors from among the aldermen, and by the alclor- 
 men ; tliis, until lately, was the system that prevailed. Tiie return to 
 the old 9}'stem has become expedient, in consequence of the deteriora- 
 tion of aldermen and Mayors, since Mayors became elective by the 
 people at large, and from among the people at large. Not only did 
 tlie elective system in most cases fail to secure as good a man for the 
 office of Mayor as formerly, but leaving the election of Mayor to the 
 general body of electors, destroyed the ambition of those who went 
 into the Council ^vith the hope or the chance of becoming Mayor, 
 which had a dwarfing effect upon the whole body of aldermen, jvow 
 tliat any alderman is eligible to be elected Mayor and must be elected 
 from among the aldermen, and by the aldermen it is believed the 
 general standing of City Councils will be improved. 
 
 (g) Incorporated towns are divided into wards; and no town is 
 to iiave less than three wards ; and no ward less than five hundred 
 inhabitants (sec. 17). 
 
 (/t) The Council of a town may pass a By-law to withdraw the 
 town from the jurisdiction af the County Council (sec. 20) ; and if 
 the town be withdrawn, the Mayor and councillors would form an 
 independent Council. If independent they would have no rights to 
 seats in the County Council, and the election of Reeves and a Deputy 
 Reeve would therefore cease. 
 
 (?) The population of an incorporated town must always exceed 
 five hundred inJiabitanls, as there must be three wards, and each ward 
 contain that number of inhabitants (sec. 1*7) ; but there may be in an 
 incorporated town more than five hundred inhabitants (including 
 women and children), and yet not, as mentioned in this sub-section, 
 five hundred freeholders and householders, on the last revised assess- 
 ment roll. 
 
THE MUNICIPAL MANU.U.. 
 
 61 
 
 the same property qualification as voters on such Roll, there 
 shall be elected an additional Deputy Reeve instead of a 
 Councillor, (j) 
 
 5. — In Townships. 
 
 The Council of every Township shall consist of a Reeve, Townshipp. 
 who shall be the head thereof, and four Councillors, and if Asamemhd 
 the Township had the names of five hundred freeholders and ''^c«/'- 5- 
 householders on the last revised Assessment Roll, then the 
 Council shall consist of a Reeve, Deputy Reeve, and three 
 Councillors, and for every additional five hundred names of 
 persons possessinfj the same property qualification as voters on 
 such Roll, there shall be elected an additional Deputy Reeve 
 instead of a Councillor (k) 
 
 67. No Reeve or Deputy Reeve shall take his seat in the 
 County Council until he has filed with the clerk of the county 
 council a certificate under the hand and seal of the Township, 
 Village or Town Clerk, that such Reeve or Deputy Reeve 
 was duly elected, and has made and subscribed the declara- 
 tions of ofiice and qualification (unless exempted therefrom) 
 as such Reeve or Deputy Reeve ; (I) nor in case of a Deputy 
 
 County 
 Councils. 
 
 Certificates 
 to be til ad by 
 Reeves and 
 Deputy 
 Kceve.-i. 
 As amended 
 by cap. 5J. 
 
 U) ^^ ViIlan,o, to be incorporated, must contain seven hundred and 
 fifty iniiabitants (not necessarily freeholders and householders). 
 
 (k) Formerly Township Coimcils, when the Townships were divid- 
 ed into ward.s, consisted of a Councillor from each ward. Tlie 
 division of wards in Townships for election purposes no lon"er exists 
 Eacli Township may have at least five members, of whom one sliall be 
 lleevc, and wl*ere there are five hundred freeholders and householders 
 on the roll, another Deputy Reeve. So that every Township of five 
 Jiundred freeliolders and householders now may have a Deputy Reeve 
 and some Townships more than one Deputy Reeve ; for it is provided 
 that for every additional five hundred names of persons possessing tlie 
 same property qualification as voters on the roll there shall be elected 
 an additional Deputy Reeve instead of n Councillor. But as no 
 Township Council can have more than five members, any Township 
 of the requisite number of voters may have all its members Reeve 
 and Deputy Keeves. Thus in a Township of 2,000 voters there may 
 be four Deputy Reeves and one Reeve. 
 
 (I) Tlie clerk may reject the certificate if not in the form required 
 The section IS positive that no Reeve, &c., shall take hia seat, &c., 
 UHtd he has filed. &c. The certificate made necessary is the evidence 
 of the right of the person presenting it to a seat in the County Council. 
 Die County Uerk is in the first instance made the judge of its le<>al 
 sufficiency. But no clerk should according to his own caprice or p're- 
 ference of any kind decide in favour of and allow certain persons 
 with defective certificates to take their seats, and disallow other 
 certificates quite as good. In such a case the clerk if made a party 
 
THE MUNICIPAL MANUAL. 
 
 Reeve, until he has also filed with the Clerk of the County 
 an affirmation or declaration of the Clerk, or other person 
 
 to a contested election proccedinKS would be in nil jn obnhility miulu 
 to pny costs. But it does not follow that a Reeve or Du|)uty licevi', 
 whose certificate is defective, if once admitted by the ck'rk to sit and 
 vote, lias not the right to do so when in truth qualified. Nor docs it 
 follow that a certificate in all respects regular entities tliu Reeve or 
 Deputy to sit and vote in the Council if not really quiilitied. The 
 certificate is only evidence that what is contained in it was done. If 
 it lias not been done, or the Reeve or Deputy Reeve liad not been 
 duly elected, the mere certificate would not give the party holding it 
 the right to sit and vote in the Council. That right comes from his 
 being liie Reeve or Deputy Reeve and having made tin; re(inircd 
 declarations. If the certificate were the essence of his (|ualification 
 and not merely the evidence of it, then it might be held that tlie acts 
 done by the Reeve or Deputy Reeve who did not possess it, or only 
 possessed a defective one, were void. But the certificate merely being 
 evidence of his qualification, if it turn out that he is really qualified, 
 it cannot be held that his acts as a member of the County Council are 
 void. Nor can they bo in any way impugned on account of the im- 
 perfect certificate. The Statuta does not declare that the votes of any 
 Reeve or Deputy Reeve taking his seat without the certificate shall 
 be void, nor say that the proceedings supported and carried by such 
 votes shall not be binding. The section in this rosjtcct may be pro- 
 porlv considered directory and so construed. (See The Queen ex rd, 
 McSfanus v. Fa-gmon, 2 U, C. L. J., N, S., 19.) 
 
 The Statute gives no form of certificate. In consequence, defective 
 certificates are frequently given by Township, Town and Village 
 Clerks, who, in the absence of an approved form, are driven to rely 
 upon their own judgment. In such a case the words of the Act of 
 Parliament cannot be too closely followed. (See forms lield bad in 
 The Queen ex rel. McManns v. Ferr/iison, 2 U. C. L. J., N. S., 19.) The 
 fallowing is submitted as a form sufficient for the purposes of the sec- 
 tion wherever applicable : 
 
 I, A. B., of , gentleman, Clerk of the Corporation of the 
 
 Township (Town or Village, as (he case may he) of in the 
 
 County of do hereby, under my hand and seal, certify that 
 
 C. D. of , Esquire, was duly elected Reeve {or Deputy Reeve, 
 
 as the case mafi he) of the said Township (Town or Village, as the 
 case ma>j he) and has made and subscribed the declarations of office 
 and (jualification as such Reeve (or Deputy Reeve, as the ease mat/ he). 
 
 Given wider my hand and seal at , in the said Township 
 
 (Town or Village, as the case may be) this day of , A.D. 18 — . 
 
 A, B. [l. 8.] 
 
 Township Clerk. 
 
 The certificate must be " under the hand and seal of the Township, 
 Village, or Town Clerk." It is not said that the Clerk shall certify 
 under the seal of the Township, <fec. It would have been better had 
 the Legislature bo provided ; for the seal of the Corporation if append- 
 ed to an official paper of the kind would in general be taken as more 
 satisfactory evidence of the genuineness of the writing than the mere 
 private seal of an individual. 
 
 i 
 
m 
 
 THE MUNICIPAL MANUAL. 
 
 53 
 
 having the legal custody of the last revised assessment 
 rolls for the municipality which he reprosciits, that there 
 appears upon such rolls the names of at least five hundred 
 freeholders and householders in the municipality for the first 
 Deputy Reeve elected for such Municipality, and that no alter- 
 ation reducing the limits of the municipality and the number 
 of persons possessing the same property qualifications as voters 
 within five hundred for each additional Deputy Reeve since 
 the said rolls were last revised, has taken place, (jn) 
 
 68. The Trustees of every Police Village shall be three in ^Xe Vf"-* 
 number, one of whom shall be the Inspecting Trustee, (n) Ugws. 
 
 X PROVISIONAL COUNCILS. 
 
 Who to Comi-osk. 
 
 09. The Reeves and Deputy Reeves of the Municipalities what Reevei 
 within a Junior County for which a Provisional Council is "{eeveti'to'be 
 established shall ex officio be the members of the Provisional I'roviMionai 
 
 ^ •! /■ ^ Council. 
 
 Council, (w) 
 
 (m) The nffirmation or declaration of the Clerk, <fcc., may be in the 
 following form : 
 
 I, A. B., of 
 
 Count}) of - 
 
 -A. 
 
 tfontleinnn, Clerk of the 
 
 TO WIT : ) Townsliip, (Town or Villuge, us the case may be,) 
 
 do hereby declnre and uflirni us follows: — 
 
 1. That I nni tlie person liaving the legal custody of the last revised 
 assessment roll for tiie Corporation of tiie said Township, (Town, or 
 Village, as the case mai/ he.) 
 
 2. That there ap})enrsnpon snch roll the names of at least 
 
 hundred {f»e hundred for each Dcpntij lieevc,) freeiiolders and house- 
 holders in tlie said Township, (Town or Village, as the case may be.) 
 
 3. That no alteration reducing the limits of the said Municipality 
 and the number of persons possessing the same projjorty qualificationa 
 
 as voters witiiin hundred, {^fivc hundred for each Deputy Reeve) 
 
 since the said roll was last revised," has taken place. 
 
 A. B. 
 
 It is apprehended that the Council, having received the affirmation 
 or declaration of the Clerk, itc, that there appears upon the rolls the 
 requisite number of freeholders and householders, Ac, have no right 
 themselves to question the fact by rejecting the Deputy Reeve, but 
 should leave the truth of the fact, if doubted, to be determined by the 
 Courts. 
 
 (n) As to the duties of Trustees of Police Villages, see sec. 308 et 
 seq. 
 
 (o) The Reeves and Deputy Reeves of the Municipalities, /. «., of 
 every Municipality within the jimior County, shall ex officio be the 
 members of the Provisional Council. As to powers and "liabilities of 
 a Provisional Couucil, see sec. 44, et seq. 
 
54 
 
 TIIK MUNICH' A I- MANL'AI, 
 
 m 
 
 * 
 
 QUALTFICATTON OF MAYORS, AIJ)KRMKN, REKVKS, 
 DKPUTY REEVES, CorXCILLOJJS, AND POLICE 
 TRUSTEES. 
 
 TO- The persons r|Ualificd to be elected Miiyor,-^, Aldermen, 
 ^f'cluncii-"" Reeves, Deputy Keeves and Couneillors or IN.lice Trustees, 
 Ion, Ac. are such residents of the uiunieipality within which, or within 
 two miles of which, the municipality or police villa<;e is situ- 
 ate, (p) as are not disqualified under this Act, (ij) and have. 
 at the time of the election, in their own right or in the righ;; 
 of their wives, as proprietors or tenants, a leiral or equitable 
 freehold or leasehold, rated in their own names on the last 
 revised assessment roll of such municipality or police village (r) 
 to at least the value following : 
 
 (p) Before this ennctmont it wns lioM that a person rntcd ,)n the 
 assessment roll of n city but nt, the time of tlif elcctidii resident in nn 
 adjoining Township of tin; County in wiiich tiie eity was tei'ritorially 
 situate, though almost in the bouiidnry between the two Mmiieipali- 
 ties, was not qiialitied to be elected a nicniber of the Council of tlie 
 city. {The Quern ex rel. Jihtxdell v. Rochistcr. 7 V . V. L. J. ](•! ; The 
 Queen ex rel. FlemiiKj \. Smith, Ih. Ciii.) JJut tiiis section extends the 
 privileges beyond residents of tin- i)articular Municipality to residents 
 within two miles of which the Municipality is situate. 
 
 (q) See sec. 73. 
 
 (r) It is in general necessary tliat the person elected s]io\dd be rated 
 by name on the roll. ('J'he Qumi ex rd, Mitmlf v. Simtrl, 2 U. C. 
 Cham. R. 114, but see The Queen e.r rel, Liiu/htou'v. Jhihii, Ih. l.'iO.) 
 
 Where on the assessment roll imder tlie general heading, " Xanies 
 of taxable parties," were entered the names of '• Ker, AVilMam and 
 Henry" for two separate j)arcels of land, and in the proper eohunns 
 were the letters " F." and " II." ami in the column headed " owners and 
 address" was entered opposite to the parcels of land, " Wni. Ker ife 
 Bros." Held, that " William Ker and Henry Ker," and not " William 
 Ker «fe Brothers," were the i)ersons in whose names the properties 
 were rated, and that they were sutlieiently rated. {The Queen ex rel. 
 McGregor v. Ker, 7 U. C. L. .1. (17.) Judges are in general disposed to 
 go as far as the facts will allow for the purpose of reconciling the 
 mode of rating with the facts, if the person elected has I'eally a legal 
 qualification. {The Queen ex rel. Xorth wood \. Ankln, 7 U. C. L. J. 130; 
 The Queen ex rel. Ford v. CoWnghnm, 1 U. C. L. J., N. S., 214; The 
 Queen ex rel. Chambers V. Allison, /I). 'MA.) Where a person elected as 
 alderman of a city made a declaration of office inadvertently qualifying 
 upon property in respect of which he was not enlilled to qualify, but 
 was qualified in respect of other property, his election was sustained. 
 {The Queen ex rel. Jlafreij v. Dickei/, 1 L'. (J. L. J., N. S., !!»().) It is not 
 necessary that the partj' assessed should be possessed of the property 
 to his own use. A landlord is so sufticientlj' possessed where his 
 tenants occupy the premises. ( 7'Ae Queen ex rel. Shaw v. MeKenzie, 2 U. 
 C. Cham. Rep. 36.) A landlord may put together properties some occu- 
 pied by himself and some by his tenants, to make up the assessed 
 
 
THE MrNICIPAL MANUAL. 
 
 55 
 
 KKH^'^;s, 
 
 POLICIO 
 
 men, 
 
 A I. lor 
 [) 'J'nisfoos, 
 I, or within 
 ,i,'o is situ- 
 
 iind have. 
 
 the ri^'h^ 
 
 r o(juitabIe 
 
 on the hist 
 
 village (r) 
 
 ■atfil ,)n tho 
 sidciit in nn 
 lerrilorially 
 ) .Mimicipali- 
 iiincil of tlio 
 •r. Inl ; The 
 extends the 
 to residents 
 
 luld be rated 
 inrt, 2 U. C. 
 , lU. l;iO.) 
 nn", " Xaiues 
 William and 
 iper eoluiniif) 
 ' owners and 
 U'ni. Ker tfe 
 ot " William 
 e properties 
 QtKcn <:r rcl. 
 1 disposed to 
 oneiiinjj tho 
 •ally a le}>;al 
 C. L.J. 130; 
 ;., 214; The 
 >n elected as 
 y qualifying 
 qualify' but 
 IS sustained. 
 '.) It is not 
 he propert}' 
 1 wiiere his 
 •Kcnzie, 2 U. 
 = some occu- 
 he assessed 
 
 In Townships — Freehold to four hundred dollars, or lease- 
 hold to eight hundred dollars ; (s) 
 
 In Police Villages — Freehold or leasehold to four hundred 
 dollars ; 
 
 In Incorporated Villages — Freehold to six hundred dollars 
 or leasehold to twelve hundred dollars j 
 
 In Towns — Freehold to eight hundred dollars, or leasehold 
 to sixteen hundred dollars ; 
 
 And in Cities — For Mayor and Aldermen— Freehold to 
 four thousand dollars, or leasehold to eight thousand dollars ; 
 
 And so in tho same proportion in all Municipalities and 
 Police Villages in case the property is partly freehold and 
 partly leasehold. {() 
 
 The term "Leasehold" in this section, shall not include a 
 term less than a tenancy for a year, or from year to year, (w) 
 And the qualification of all persons where a qualification is 
 required under this Act may be of an estate either legal or 
 equitable, (w) 
 
 value required by statute. But persons not in fact rated on the roll 
 are not eligible though they may suppose they are, and though possess- 
 ed of property sufficient to qualify. (The Queen ex rel. Metcalfe v. Smart, 
 10 U. C. Q. B. 89.) So property owned by a candidate but not mentioned 
 on the assessment roll, cannot bo made available. {The Queen ex rtl. 
 Carroll, v. lieckwith, 1 U. C. Prac. R. 278.) An administrator, though 
 rated in his own name for real estate belonging to the deceased, is not 
 entitled to qualify upon such real estate. { The Qiieen ex rel. Stock v. 
 Davis, 3 U. C. L. J. 128.) But the roll as to property qualification is in 
 general binding and conclusive. {The Queen exrel. Card v. Cotthf/ham, 
 i U. C. L. J. N.'S, 214 ; The Queen ex rel. Chambers v. Allison, lb. 244.) 
 
 (s) Formerly aggregate value prevailed in Townships, but annual 
 value in Cities, Towns and Incorporated Villages. The distinction 
 for purposes of municipal elections no longer exists. 
 
 {I) See The Queen ex rtl. Dexter v. Gowan, 1 U. C. Trac. R. 104. 
 
 {u) The estate which the law denominates a term is so denominated 
 because its duration is absolutely defined. Hence there must be to 
 every term a certain beginning or definite commencement, and a cer- 
 tain or definite period beyond which it cannot last. (Watkins' Con- 
 veyancing, 29, 32.) 
 
 {v) The qualification may be of an estate legal or equitable. The 
 estate whetiier legal or equitable need not be free from all incum- 
 brances. If incumbered, and after deducting the gross amount of the 
 incumbrances from the assessed value of tho premises, there be still left 
 a sufficient value in respect of which to qualify, the qualification, not- 
 withstanding the incumbrances, is sufficient. ( The Queen ex rel. Blakeley 
 V. Cauavan, 1 U. C. L. J., N. S., 188.) Where defendant in November, 
 
 In Town- 
 ihipi; 
 
 In Police 
 ViUages ; 
 
 In Incorpor- 
 atedViUaget; 
 
 In Towni. 
 
 In CltieR. 
 
 A8 to proper- 
 ty party 
 freehold. 
 
 " Leasehold" 
 defined. 
 
 Natnro of 
 Estate. 
 
56 
 
 THE MDNICIPAL MANTTAL. 
 
 ■■ 
 
 4 
 
 I 
 
 
 m 
 
 In new 
 Townnhlpl 
 not hating 
 ■Mwument 
 roll. 
 
 If only one 
 periion be 
 qualllied. 
 
 DIaquallflca- 
 tlon of Coun- 
 cillors, Ac. 
 
 As amended 
 by cap. i2. 
 
 71. Id case of a now Township erected by procl'anintioD 
 for which there has been no assessment roll, every person who 
 at the time of the flrst election has such an interest in real pro- 
 perty aud to such an amount as hereinbefore mentioned, shall 
 DC deemed to be possessed of a sufficient property qualifi- 
 cation, (fl) 
 
 7!!j. In case in a Municipality there are not at Icust two 
 persons qualified to be elected for each seat in the Council, 
 no qualification beyond the qualification of an elector shall be 
 necessary in the persons to be elected. (6) 
 
 DiSQUALinOATION. 
 
 73. No Judge of any Court of Civil Jurisdiction, no 
 Gaoler or Keeper of a House of Correction, no Sheriff, Depu- 
 ty-Sheriff, High Bailiff or Chief Constable of any City or 
 Town, (c) Assessor, Collector, Treasurer, Chamberlain, or 
 Clerk of any Municipality, (jl) no bailiff of a Division Court, 
 
 1858, conveyed tho real estate which formed the subject mntter of lib 
 qimlificntion to hia father for a conHidcration of £300, for which he 
 took his father's notes payable at distant dates, and in February, 18G(), 
 purchased the property back, returning to his father all tl»e notes, 
 though tho father did not reconvey the property to tho son till tlie 3rd 
 October, 1800. Yet tho son was held to have had at the time of tho 
 assessment an equitable estate \Titiiin the meaning of the Act. ( 'J'he 
 Queen ex rcl. Tilt v. Chgyne, 1 U. C. L. J. 99.) 
 
 (a) It may so appear that a new Township has not been assessed 
 cither separately or as i>art of a imion (sec. 28 et seg.) and tiiis sectiou 
 is intended to meet such a cnso wli novcr it arises. 
 
 (6) In what manner is !)■ section ( . be construed? Is it only to 
 come into operation ,p. number is below two persons qualitied 
 
 to be elected for . as applied si-'ply to qualification in respect 
 
 to property, or .■ loducting all t' e who are disqnalitied to bo 
 
 elected from oth« , uses? It is apprciiended the expression, " quali- 
 fied to be elected," must be t)n8trued in the larger sense, that is, for 
 the benefit and advantage )f the whole body of electors ; for if it 
 should happen from some cuuho or other that all those wl»o might bo 
 elected as respects property, yet were disqualified a- respects interest 
 or otherwise, the Municipality could have no Counci .. the inhabitants 
 could not resort to the general body of electors for Councillors (per 
 Burns, J.), in The Queen ex rel. Bender v. Preston, 7 U. C. L. J. lUU). 
 It has been held for the purposes of this section that the roll is not 
 conclusive as to the "persons qualified to be elected." {The Queen 
 ex rel. Tel/erv. Allan, 1 U. C. Prac. R. 214.) 
 
 (c) The old law did not in words extend to Si. riffs, Deputy-She- 
 riffs, High Bailiffs, or Chief Constables, and to these the list of disqual- 
 ifications has now been extended. 
 
 (d) The old law did not in words specify the particular municipa, 
 officers disqualified. The words were, " no officer of any Municipality.' 
 
 i 
 
f 
 
 THE M' NIOiPAL MANUAL. 
 
 no ShorlfTs OITicer, (c) no person not haviof? palj all tuxes 
 duo by liim, (/) no Innkeeper or Suloon-kcopcr, (;;) and no 
 person having by himself or his partner an interest in any 
 contract with or on behalf of the Corporation, (//) shall bo 
 
 
 To iivnid doubt the officers nro hero described, viz., Assessor, Collector, 
 Trensurer, Clminborliiin, and Clerk. A local superintendent of SeliooKs 
 lield not dis(|ii;dlfied ( The Queai ex rd. A rnott v. Mnrrhant, 2 U. ( '. ( 'iium. 
 11.); ntir a Miiyor ( Thr Qiiren ex rcl. Hainerx v. Stevenson, 5 U. C. L..I. 42). 
 IJiit nn over.-i'ir of hi!j;li\vay3 was hcM disqualifiod under tlie old law 
 (TheQmrn rjt rrl. likhmondv. Tnfart. 7 U.C. L.J. 128). Sonrolml.ly tlio 
 Corporation HoWcitor (C'or]>or(ition of Pcterhoroiif/h v. Biirn/i'on, 12 II. C. 
 C. I'. lo;i). Qiiwre, as to the effect of this statute disqualifyinii: certain 
 oflieers by designation of office and not as under the old law all officers 
 of the corporation V If at the time of the election there bo a dispute 
 in good faith between the candidate and the Municipality, arisinp: out 
 of matters connected with tho administration of the duties of a Muni- 
 cipal otHce previously held by tho candidate, having civen a bond for 
 the du(! perforiimnco of the duties of his office, he will bo disrpudiiied. 
 (The QiKcn ex rcl. lilandv. Fiffff, U. C. L. J. 44 ; see also The Queen 
 fx rcl. A/(JfulleH v. IklUk, 8 U. C. L J. 291.) But where all transac- 
 tions are bouA fide closed tho disqualification no longer exists. (The 
 Queen ex ret. Armor v. Coxte, 8 U. C. L. J. 290.) 
 
 (e) Extends as much to a bookkeeper or clerk in a sheriff's office as 
 to sheriffs' bailiffs. 
 
 (/) This is a now and important provision. Its object is to enforce 
 payment of taxes in tho j'ear in which they accrue, and under any 
 circuinstatice>: before tho election for the succeeding year. 
 
 (g) A man may bo an innkeeper or saloon-keeper, though he take 
 out a license in the name of another, where ho does so fraudulently. 
 The Queen ex rel. McKay v. Brown, 6 U. C. L. J. 91.) Where, however, 
 the transfer of license is in good faith, there is no disqualification. ( The 
 Queen ex rel. Crozier v. Taylor, 6 U. C. L. J. 60.) But a man may be 
 inn keeper or saloon-keeper though without a license. (The Queen ex 
 rcl. FUmagan v. McMahon, 1 U. C. L. J. 155.) 
 
 (h) Tho object of this part of tho section, like that of sec. 28 of the 
 English Mun. Cor. Act of 5 A 6 \Vm. IV. cap. 76, is clearly to prevent 
 nil dealings on tho part of the Council with any of its members in 
 their private capacity', or, in other words, to prevent a member of tho 
 Council, who stands in the situation of a trustee for the public, from 
 taking any share or benefit out of the trust fund, or in any contract 
 in the making of which he, as one of the Council, ought to exercise a 
 superintendence. (Rawlinson's Mun. Man. 53.) The evil contemplated 
 being evident, and the words used general, they will be construed to 
 extend to all cases which come within the mischief intended to be 
 guarded against, and which can fairly be brought within the words. 
 (lb.) The words of our enactment are that " no person having by 
 himself or his partner an interest in any contract with or on behalf 
 of the corporation shall be qualified, Ac. :" and the words of the 
 English Act are that " no person shall be qualified, <fec., who shall 
 have, directly or indirectly, by himself or his partner, any share or 
 interest in any contract or employment with, by, or on behalf of such 
 
58 
 
 THK MUNICIPAL MANUAL. 
 
 A 
 
 "■I 
 
 HI 
 
 
 ,<;!:! 
 
 
 qualified to bo a nieiiiber of the Council of any Municipal 
 
 Corporation. (/) Provided, always, that no person shall be 
 
 \s t(. Kimro- held to be disqualified from being elected a member of the 
 
 CouipauieH, Council of any Municipal Corporation by reason of his being 
 
 *'- a shareholder in any incorporated company having dealings or 
 
 contracts with the Council of such Municipal Corporation (./) 
 
 or by having a lease of twenty-one years or upwards of any 
 
 Council, <fcc."' The difference deserves to be noticed. Under an old 
 act, of which the section here annotated is a re-enactment, it was held 
 that a person who had executed a mortgage to the corporation contain- 
 ing covenants for payment of money, was disqualified. ( 77(c Qncni ex 
 rel. Lutz v. Williamson, 1 U. C. Prac. Hep. 91.) Wiiere defendant, 
 before tlie election, had tendered for some painting and glazitig recjuir- 
 ed for the city hospital, and his tender having been accepted, he had 
 done a portion of the work, for which he had not been naid, but after- 
 wards refused to execute a written contract prepared by the City 
 Solicitor, and informed tlie Mayor of the City that he did not intend 
 to go on with tlie work, he was notwithstanding held to be disipialified, 
 {The Queen ex rel. Moore v. Miller, 11 U. C. Q. B. 4()."').) So where 
 the person elected had tendered for the supply of wood and coal to the 
 corporation. {Tlie Queenex rel. Hollo v. Beard, 1 U. C. L. .1., \. S. 120.) 
 In sucii a case it is immaterial whether there is or is not a contract 
 binding on the corporation. (Py.) Go where it was siiowti that the 
 candidate elected was at the time of the election surety for tlie Trea- 
 surer of the Town an 1 acting as the Solicitor of the ("orporation, ho 
 was held to bo discpiaiified. {The Queen ex rel. Voleiimn v. ()' Hare, 2 
 U. C. I'rac. Kep. 18.) So a surety in any sense to tiie Cori)oration. 
 {The QuvcH ex rel. McLean v. Watson, 1 U. C. L. J., N. S., 71.) Wlietlier 
 tiie contract be in the name of the i)arty himself or anolluT, is imma- 
 terial, at all events in equity. {Collim v. Swindle, (> Grant, 'J8'J ; see 
 nlso Cili/ of Taronh v. liowvs, 4 Grant, ISO, S. C G Grant, 1.) liutaa 
 agent of an insurance company pind by salary or commi.-sion, who, 
 both before and since the election, had, on behalf of his comi)any, 
 effected insurances on several public buildings the property of the 
 corporation, and who at tlie time of the election bad rciitcd two tene- 
 m( nts of liis own to the Board of School Trustees for Conimon School 
 purposes, was lield not to be disijualified. {The Queen ex rel. Bugg v. 
 tiinlth, 1 U. C. L. J., N. S., 121).) 
 
 Quicre, is insolvency a ground of disqualification for eluction? It 
 is not made so iti express terms, but is hereafter dechirod a forfeiture 
 of office. (See sec. 121 ; see also The Queen v. Chilt;/, o A. iV- K. CUD.) 
 
 (/) Tl e disqualification does not merely relate to the ti.Eie of mcept- 
 ance of office but to the time of the election. ( The Qiirrii (.r r, I. 7,'.,//.) v. 
 ' Beard, 1 U. C. L. J., N. S., 126.) To -efer the qualification to ihc 
 time when the person elected might actually take his seat at the 
 council board would be wholly at variance wiih the spirit of tiie act, 
 and fatal to this very wholesome provision of the act as to disijualifi- 
 eation. (iV/- llagarty, .(., //'<</.) 
 
 (j) The law W.1S formerly different. {The Que,u ix nl. PadiecU \'. 
 Stewart, 2 U. C. I'rac. Rep. 18.) 
 
 \ 
 
THE MUNICIPAL MANUAL. 
 
 59 
 
 unicipal 
 shall be 
 r of the 
 lis being 
 sulii'gs or 
 ation (./) 
 a of any 
 
 Icr ail old 
 
 was held 
 
 )ii contain- 
 
 \e Qncni tx 
 
 (lofendant, 
 
 inj? i-LMjuir- 
 
 ed, he had 
 
 , but aftor- 
 
 y the City 
 
 not intend 
 
 iis*(|ualiiied. 
 
 ,S() where 
 
 coal to the 
 
 N. S. 126.) 
 
 a, cDiitraet 
 
 ti that the 
 
 r the Trea- 
 
 joralioii, ho 
 
 ■. O'llare, 2 
 
 'orporalion. 
 
 .) Whetluu' 
 
 T, is iiunia- 
 
 [it, -iS-i; see 
 
 1.) liutati 
 
 ission, who, 
 
 s company, 
 
 pnrty of the 
 
 •li two tene- 
 
 lUKiii School 
 
 nl. Bugg v. 
 
 lection V It 
 
 !i fiirl'eitnro 
 
 L i^c !•:. COD.) 
 
 iif of lucept- 
 ,•/•,/. yi'.-//o V. 
 [it ion to the 
 ! scat at tho 
 •it of tlie act, 
 to disiinaliti- 
 
 d. J'iidml' v. 
 
 
 property from the Corporation, (k) but any such leaseholder 
 shall not vote in the Corporation on any question affecting 
 any lease from the Corporation. (/) 
 
 Exemptions. 
 74. All persons over sixty years of age ; all members and Exomr-tions. 
 officers of the Legislative Council and of the Legislative 
 Assembly ; all persons in the Civil Service of the Crown ; all 
 Judges not disr-jualili^d by the last preceding section ; all 
 Coroners ; all persctns in Priests' Orders ; Clergymen and 
 Ministers of tho Gospel of every denomination ; all members 
 of the Law Society of Upper Canada, whether Barristers or 
 Students ; all Attorneys and Solicitors in actual practice ; all 
 officers of Courts of Justice ; all members of the Medical 
 profession, whether Physicians or Surgeons; all Professors, 
 Masters, Teachers and other members of any University, 
 College or School in Upper Canada, and aU officers and serv- 
 ants thereof ; all Millers J and all Firemen belonging to an 
 authorized Fire Company (ni) — are exempt from being elected 
 or appointed Counciliuis or to any other corporate office. (?t) 
 
 (k) The law in this respect was also at one time different. (Thr 
 Quail cr nl. Stork V. Jfariit. H ('. C. L. J. 128; 'J7ie Qncm v. York, 2 
 Q. ]!. ^17 ; S'/iiipxon v. Hnoli/, 12 il. *.t N. 73(3 ; TIti (juccn v. Francis, 
 21 L. ,1. (I 11. o04.) 
 
 (i') So tlia'.. the disqualitication in the case of a corporation lessee is 
 not entirely removed — in oilier words, while (lualiticd to be elected ho 
 is disqualitied to vote in tlie corporation " on awy i]nestiou afl'ecting 
 mil/ lease from tiie corj)oration.' 
 
 (hi) These are without additixu the exemptions under tlic old act. 
 
 (h) The last section contiiliis tlie disqualifications, and this the 
 exemptions. Tlie diiference between a disqualirication and an exemp- 
 tion, as rei,'ards an individual, is this, that a person dis(|ualiticd can- 
 not hold oltice, but. a person exempt, even though qiialitied, is not 
 bound to accejit othce. Tlie one is an incapacity or disability. The 
 otlicr is a privilei;-e. It is an ott'ence at common law for a' jicrson 
 without some let;'al ground of objection to refuse to take upon himself 
 an ofHce to wliich he has been duly elected. {The Kitirj v. Jiourr, 1 B. cfe 
 C .')S5.) And lield, that pajnient of a line imposed by a b}--law for 
 not serving in the office was no answer to a writ of vuvulainun. (lb.) 
 A ])erson so refusing may be indicted (see Vainwlin-'s casi', 1 Ld. 
 ll.'iyd. 4 '.)',»; Carthew, 4oo), and be subject to n criminal information. 
 (See T/,r Kiiuj v. Whitmll. Tt T. U. 8.j ; ^Thc luui/ v. JI,\i//,iiiii, ',i M. »t S. 
 ISii.) Hut the ^-rantiufj of such an information is clearly discretionary 
 \yitii the Couvt. ( 'f/w Kin;/ v. (Irosnuor, 2 S. 11 '.):i. The Khu/ v. Jlioif/cr- 
 ford, 1 1 Mcr. 112.) So ii (lualitie.j person duly elected refusing to accept 
 oHice may be summarily con\icted and pun'islied. (See sec. 180.) 
 
i'l 
 
 B 
 
 1!;:/!!! 
 
 Alii 
 
 60 
 
 THE MUNICIPAL MANUAL. 
 
 Electors. 
 
 Kieotors y^. Tho Electors of every 3Iunicipality for which there 
 
 of!'in*To"n" IS an Asses«ment-Roll, and the Electors of every Police Vil- 
 Hhips. Ac, hfie, (o) shall be tho male freeholders thereof, whether resi- 
 Assessmeiit- dent or not, (7)) and such of the male householders thereof (q) 
 '*°"" as have been resident therein for one month next before the 
 
 Election, (/•) who are natural born or naturalized subjects of 
 
 (o) Till! distinction is here drawn between a Municipality and a 
 Polico Village. Tlio word "Municipality" signifies any locality the 
 inhabitants of which are incorporated. The inhabitants of a Police 
 Village are not incorporated, 
 
 (p) Females being clearly excluded. This section enables freehold- 
 ers to vote though not resident. But non-residents cannot vote unless 
 rated on the assessment roll, which they ma)' be at their own ref|uest. 
 As to now townships, residence is still required in the case of free 
 holders. (See 77.) 
 
 (q) The occu]iant of any separate portion of a house having a dis- 
 tinct comtnuiiication with a road or street by an outer door, is clearly 
 a householder (see s. 166) ; and it seems to be now settled in England, 
 wiiere a house is let out in separate portions to different tenants, and 
 the owner or landlord does not reside, on the premises, though there is 
 but one outer door common to all the tenants, that each distinct portion 
 so let is the house of such occupier. (See The Kinr/ v. Trajibnr, 1 Leach, 
 427 ; Tlu kl,i;i v. Carroll, lb. C80 ; The King v. Bwlni, 1 Moore, C. C. 28 ; 
 and Littledaie, J., in The Khifjy . Mayor of Eije, 9 A. &, E. C70; see also 
 The Queen ex rcl. Forward v. Barteh, 7 IT. C. C. P. 633.) A jierson is 
 not the less a householder because he lets a portion of his house to 
 lodgers. {I'/iillip's ease, Alcock's Registration cases 20; Dunriennn'n 
 ca.ie, il). 1 14, The King v. Weighton. 5 (j. B. 896.) A person occupying 
 apartments in a gaol held not to be a householder. ( The Queen ex rel. 
 Chnrli.i v. Leiein et al., 2 U. C. Cham. Rep. 171.) But a person living 
 with his fatiier, having no "iterest of any kind in the house or land, 
 is not entitled to bo assessed either as a householder or freeholder. 
 {The Queen ex ril. McLean v. Graham, 8 U. C. L. J. 125.) 
 
 (r) Nice questions arise as to when a party can, or cannot bo said 
 to be a resilient of a Municipality. A man cannot, within the mean- 
 ing of the municijial laws, be said to be resident in two Municipalities 
 at tho same time. A man's residence is where his home is situate — 
 where his family live. An occasional absence from his home to attend 
 to business in another Municipr.litj- does not nuik(! his liome less his 
 residence. Where A had a dwelling-house at Bowmanvilli', where hi? 
 wife and family lived, but had a saw mill and store and was Post- 
 master in tho township of Cartwright, which occasioned him fre- 
 quently to visit tliat place, and who, while there, used to hoard with 
 one of his men in a house owned by himself. Jfilil, that after voting, 
 in Bowmanvillo he had no right to vote in Cartwright. {The Quern ei 
 rel. Ta;/lor v. Ciesnr, 11 U. C. Q. B. 4t')l.) Mere colourable residence 
 is in no ease sufficient. ( Mhe Kinr/ v. Duke of Bedford, 6 T. R. otjt >.) Each 
 case must, to a great extent, doi/end on its own circumstances. As to 
 what is sufficient, (see The King v. Sergeant, S T. R. 400 ; Bruee v. Bruce, 
 
 .-■Kl^j 
 
TUE MUNICIPAL MANUAL. 
 
 61 
 
 ich there 
 'olice Vil- 
 2thcr resi- 
 liereof (g') 
 before the 
 iibjects of 
 
 ality and a 
 locality the 
 of a Tolice 
 
 les freoliold- 
 , vote unless 
 )\vn re'fiuest. 
 case of free 
 
 laving a dis- 
 :)r, U clearly 
 I in En^^land, 
 tenants, and 
 DUi^'li there is 
 itinct portion 
 bar, 1 Leach, 
 ore, C. C. 28 ; 
 G70; see also 
 A person is 
 his house to 
 ; J)Kv(jcnan'ii 
 on occupying 
 e Queen ex rd. 
 person living 
 ouse or land, 
 )r freeholder. 
 
 innot bo said 
 lin the mean- 
 Municipalities 
 le is situate— 
 oHie to attend 
 home loss his 
 .11,", where his 
 iiid wa^ I'ost- 
 ,)ned hi in fre- 
 to hoard with 
 it lifter voting, 
 
 (The Queen a 
 •ivhle residence 
 
 11. .J tin.) Each 
 lances. As to 
 Bruce v. liruce, 
 
 Her Miijesty, («) and of the full age of twenty-one years, (t) 
 and who were severally but not jointly rated on the then last 
 Revised Assessment-Rolls, for real property in the Municipa- 
 lity or Police Village, held in their own right or that of their 
 wives as proprietors or tenants j (w) and such rating shall be 
 
 2 B. &. P. 229 ; The King V. Mitchell, 10 East 511 ; Whithorn v. Thomas, 
 7 M. it. G. 1 ; Tiic Queen ex rel. Forward v. Bartcls, 7 U. C. C. P. 533.) 
 
 (,s) It is to be presumed that the resident and assessed inhabitants 
 of this Province are British subjects till something is shown to the 
 contrary, from which it can be determined that they are aliens. 
 (The Queen ex rel. Carrall v. Beckwith, 1 U. C. Prac. Rep. 284.) It is 
 iiot sulticient for relator to swear that certain voters are aliens, with- 
 out giving particular facts to show that they are aliens, and how aliens, 
 as by having been born in a certain place named, out of the allegiance 
 of the British Crown. {lb.) A person born in New York in 1830, 
 the son of u British subject, who had emigrated from Ireland a short 
 time previously, and a year or two after hisbirth came to Upper Canada, 
 and ever since resided here, was held to be a British subject within 
 the meaning of the act. {Tlie Queen ex rel. McLean v. Graham, 8 U. C. 
 L. J. 125.) 
 
 (<) Full age in male or female is twenty-one years, and is completed 
 on the day preceding the anniversary of a person's birth. {Anony- 
 mo%is, 1 Salk. 44 ; Toder v. Stisam, 1 Brown P. C. 468.) If therefore 
 one is born on 1st January, ho is of age to do any legal act on the 
 morning of the last day of December, though he may not have li'ed 
 twenty -one years by nearly forty-eight hours. (Tomlin " Infant," 1 ) 
 Upon a (juestion of age of a voter, the written memorandum and return 
 of the clergymen who marfied his father and mother was held better 
 evideuce than the memory of individuals, unaccompanied by such 
 memorandum, {The Queen ex rel. Forward v. Barteh, 7 U. C, C. P. 533.) 
 
 (k) The franchise is not to bo lost to any one who is really entitled 
 to vote, if his right can be sustained in a reasonable view of the 
 requirements of the Act, {The Queen ex rel. Chambers v. Allison, 1 U. C. 
 L. J., N. S., 244.) The inchnation of the Courts is in every way to 
 favor the franchise. ( The Queen ex rel. Ford v. Cottingham, 1 U. C. L. J.,f 
 N. S., 214.) The rating has been held sufficient where the surnames o. 
 the electors were correct, though the Christian names were erroneous 
 {The Queenex rel. Chambersy. Allinon, 1 U. C. L. J., N. S. 244.) Thus 
 Wilson Wilson, for " William Wilson." So "Simond Faulkner," for 
 " Alexander Faulkner." (76.) And " Thomas Sanderson," held idem 
 sonans with Thomas Anderson, so as to entitle the person bearing the 
 latter name to vote, {lb.) It is not oidy necessary that the freeiiolder 
 or householder should be rated as such, but, at the time of the election, 
 hold tlie property in respect of which he is rated, {anon., 8 U. C. L. J. 
 76,) and tiie property must bo held in the right of the elector or that of 
 his wife and not simply in a representative capacity as executor, ad- 
 ministrator or agent. {The Queen ex rel. Stock v. Davis, 3 U. C. L. J. 
 128.) A Municipal Council has not of course any power to declare a 
 qualitication of voters different from this Act. {In re Bell and the 
 Township of Man><ers, 3 U. C. C. P. 399.) The value necessary is 
 declared by the folk ing sections. 
 
02 
 
 THE MUNICIPAL MANUAL. 
 
 'if 
 
 In CiUw, 
 TownR, anil 
 Incnrpornttd 
 Villages. 
 
 In newly 
 fi-ected 
 Towniihip 
 not having 
 nny Asses- 
 niu'ut Uolls. 
 
 absolute aud final, and shall not be questioned cither by any 
 Returning Officer, ur on any application to set aside any elec- 
 tion under this Act or any Act respecting the Municipal 
 Institutions of Upper Canada, (v) 
 
 76. In Cities, Towns, Townships and Incorporated Vil- 
 la'i'es, such real property, whether freehold or leasehold, or 
 partly each, must have been so rated as of at least the actual 
 value following: (a) 
 
 In Cities — Six hundred dollars. 
 
 In Towns — Four hundred dollars. 
 
 In Incorporated Villages — Three hundred dollars. 
 
 In Townships — One hundred dollars. 
 
 In Police Villages — One hundred dollars, {b') 
 
 77. At the first election for a newly erected Municipality 
 for which there is no separate Asscssment-Koll, {<■) every resi- 
 dent male inhabitant, though not preciously assessed, (</) 
 
 (c) Tills Imd previously been held to be the law by several judges 
 under the old net in almost the same lant^uage as tlisit here used. ( iVic 
 Qnnn fx rcl. Ford v. CoUiugham, 1 V. C. L. J., X. S., '214 ; The Queen 
 exrd.Jofnimn v. J'rice; The Qurenexnl. Mi//ii/n7i v. Jnhnxon, 1 U. C. 
 L. J., N. S., 'JIT, note; The Queen ex nl. Ch'iinbera v. AUi.'ow, ] U. C. 
 L. J., N. S., '24 1.) 
 
 ((;) Formerly for Municipal jnirposcs real property wns I'ated at 
 annual value in (^ities Towns and Incorporateil Villiii:;es, and at. aetn;il 
 value in Townships. The distinction is now abolished. Actual value 
 is made to prevail in all local Municipalities. 
 
 [h) The'r(' is no general law wliieh makes dollars and cents a more 
 correct or lawful desii^nation of Canadian money tlian pounds, shilling's 
 and pence. Tiie ordy law of the kind really in force is Con. Stat. Vm\. 
 cap. I4,se(;. '21, which requires all accounts rendered to the I'rovincial 
 (rovernment, itc, to be in dollars and cents. The adoption of dollars 
 and cents hy hankers and others is conventional. The description by 
 tlollars and cents is however invariably used tlirou^'hout this act, in 
 preference to tiiat by pounds, shillinjjs and pence. 
 
 (<") A newly erected Municipality means more than a newly erected 
 Township, and may include a junior Township newly separated, or a 
 Village newly separated from a Township and incorporated. In such 
 a case there would be the roll of the United Township or Townshi]) from 
 which the Villaire is separated. But neither of these could properly' 
 be used at the first election of tlie new Municipality not bein;;' "a 
 separate assessment" roll within the meaning of the section. Where 
 in the case last mentioned the roll of the Township was used at the 
 election without objection, and though objected to in the argument of 
 a quo ii'iimtiifo sununons, was not set forth in the statement as a jjround 
 of objection to the election, the presidini:; judge refused to entertain 
 it. {Th< Qiitm (X nl. Carroll v, Bcckwlth, 1 L. C. I'rac. Hep. '278.) 
 
 ((/) See note r to sec. 7-'>. 
 
 t 
 
 I 
 
 ' 
 
THE MUNICIPAL MANUAL. 
 
 to 
 
 ler by any 
 ! any clec- 
 I\Iumcipal 
 
 jratcd Vil- 
 
 isfthold, OT 
 
 the actual 
 
 loUars. 
 
 lunicipality 
 I every resi- 
 
 ssesscd, ('0 
 
 icvoral ju Jsf'S 
 roused (The 
 4 ; The Qnccn 
 rjison, 1 U. t-. 
 llisov, 1 U. 0. 
 
 wns rated at 
 
 , ami at actual 
 
 Actual value 
 
 1 cents a more 
 miul:^.sliilli"i;-s 
 Con. Stat. Can. 
 the Provincial 
 )tion of dollars 
 (U'seriiition by 
 ;)ut this act, in 
 
 I newly erected 
 se\)araleil, or a 
 
 rated. 1" soi^'' 
 Township from 
 could i>roi>erly 
 ; not heinu; " a 
 cetion. Where 
 ivas used nt the 
 the ari^ument of 
 lont as apinmnd 
 ised to entertain 
 
 m 
 
 shall be entitled to vote if he possesses the other qualiflea- 
 tiona above mentioned, and has at the time of the election 
 sufficient property to have entitled him to vote if he had been 
 rated for such property; (e) and every person so claiming to 
 vote shall name the property on which he votes, and the 
 Returning OtTicer, at the request of any Candidate or voter, 
 shall note the property iu his poll book opposite the voter's 
 name. (/) 
 
 78. In towns and cities, every elector may vote in each Wanigin • 
 ward in which he has been rated for the necessary property J^rsVhair 
 qualification ; (g) . ^'"*^' 
 
 1. — In townships and incorporated villages divided into 
 electoral divi.sions, no elector shall vote in more than one elec- 
 toral division. (A) 
 
 70. In ca.se both the owner and occupant of any real pro- When iHn>t- 
 perty are rated severally but not jointly therefor, both shall t«nant"both 
 be deemed rated within this Act, (/) ''«'^''*- 
 
 (c) See sec. IG. 
 
 (/) Kvcry voter is required to name the property on which he 
 votes, 1/ut the returning oflicer is only bound to note the property in 
 l»is poll book at tlie request of any candidate or voter. 
 
 (g) Before this Act it was held tliat a voter entitled to vote in the 
 ward in which he resided could not vote in any other ward. (Ano)t, 
 8 U. C. L. .1. 70.) This section enables every elector to vote in each 
 ward in which lie has been rated for the nov^essai-y property qualifica- 
 tion. The meaning of this probably is, that a voter is no longer res- 
 tricted to one vote, but if qualified in sevi'rul wards, miy vote in each 
 of such wards. If this be so, property will be, now more tiian formerly, 
 represented. 
 
 (/t) Tliere is apparently a difference between wards and electoral 
 divisions. In tlio case of the former, a voter qualified so to do, may, 
 it is apprehended, vote \n each ward. But in tlie case of the latter, 
 no voter is entitled to vote in more than one electoral division ; if he 
 were so aUowed, he would be enabled to give two or more votes for 
 each candidate in the ward divided into electoral divisions. 
 
 (y) Tliat is to say, that each may vote in respect of his interest, 
 when rated severally, the one as proprietor, if a freeholder, and the 
 otlier as tenant, if a resident householder (s. 75, 97, sub-s. 9). It is 
 not necessary that the property should be assessed exclusively in the 
 name of the person possessed to his own use. A landlord is so 
 assessed where tenants occupy the premises; and he may, for jjurposea 
 of qualification as a candidate, put togetiier real properties, some occu- 
 pied by liimself and some by Ins tenants, to malie u}) the asses.sed value 
 required by tlie statute. {The Qiiccn ex rd. Shaw v. McKcnzie, 2 U. C. 
 Cham. Hep. 36.) 
 
64 
 
 THE MUNICIPAL MANUAL. 
 
 m 
 
 
 t 
 
 > 
 
 I 
 
 When joint 80. When any real property is owned or occupied jointly 
 
 together?**'' by two or more persons, and is rated severally but not jointly 
 
 at an amount sufficient to give a qualification to each, then 
 
 each shall be deemed rated within this Act, otherwise none 
 
 of them shall be deemed so rated, (j) 
 
 Parliamentary Electors. 
 
 Quniification gj. Every male person entered on the then last revised 
 ('HriiHrne7itn- assessment roll for every city, town, village or township, as the 
 ry flections, y^yner or occupant of real property of the actual value, — in 
 cities, ot six hundred dollars; in towns, of four hundred dol- 
 lars ; in incorporated villages, of three hundred dollars ; (/.•) 
 and in townships, of two hundred dollars, shall be entitled to 
 vote at all Parliamentary elections, subject to the provisions of 
 the Act, diapter six of the Consolidat ;d Statutes of Canada, 
 except su])scctious numbered 1 and 2 of section four of the 
 said Act, which are hereby repealed, in so far as they relate 
 to Upper Canada. (I) 
 
 (j) This apparently applies to the case of joint owners or joint 
 tenants. If each be rated for an amount sufficient to give a qualifica- 
 tion, tlipn each is to be deemed rated within the meaninjf of the sec- 
 tion. Tlie section apparently applies as much to canditates as electors, 
 thoujjh jilaced under the head of " Electors." {The Queen ex rcl. Mc- 
 Grei/or v. Kcr, 1 U. C. L. J. 67.) 
 
 (k) So far the qualification for Municipal and Parliamentary elec- 
 tions i« identical. But in the case of townships, while iflOO is all that 
 is required for Municipal elections, $200 is by this section made neces- 
 sary as a qiialilication for Parliamentary elections. 
 
 (/) Certain public officers arc disqualified fromvotinfj at Parliamen- 
 tary elections, viz. — The Chancellor and Vice-Chancellors of Upper 
 Canadii. the I'liief Justice and Justices of the Courts of Queon's Bench 
 and CoiiiiHon I'leas in Upper Canada, all County Judges, all Commis- 
 sioners of Jjunkrupts, all Recorders of cities, all officers of the Customs, 
 all Clerks of the I'eace, Registrars, Sheriffs, Deputy Clerks of the Crown 
 and Am'iiis for the sale of Crown Lands, and all officers employed in 
 the collection of any duties payable to Her Majesty in the nature of 
 du.Ucs of Kxcise. (Con. Stat. Can. cap. 0, sec. 1.) Not only is the 
 Vote of every such person null and void, but the person himself offend- 
 ing, subject to a penalty of $2,000. (lb. sec. 2.) Besides it is pro- 
 vided tliut no returning officer, deputy returning officer, election clerk 
 or roll clerk, <fec., shall vote at any such election. [lb. sec. 3.) No 
 woman is under any circumstances entitled to vote at a Parliamentary 
 election. (lb. sec. 4.) It is the duty of the clerk of each municipf.lity 
 after tlie final revision and correction of the assessment rolls, forthwith 
 to make out a correct alphabetical list of all persons entitled to vote 
 at Parliamentary elections, together with other information made 
 necessary for election purposes. {lb. sec. 6.) The clerk failing to do 
 OS required in those respects, is subject to prosecution by indictment 
 
THE MUNICIPAL MANUAL, 
 
 •j.-) 
 
 MUNICIPAL ELECTIONS. 
 
 ThK IIoLDlNO OF, IN CERTAIN PlACES PROHIBITED. 
 
 89. No HIection of Township CouDcillors shall be held 
 within any City, Town or Incorporated Village, (m) nor shall 
 any Kleetion fur a Municipality or any Ward thereof be held 
 in a tavern or house of public entertainment licensed to sell 
 spirituous liquors, (n) 
 
 First Elections in New and Extended Mdnicipalities. 
 
 83. In cuse of the Incorporation of a new Townsbip or 
 Union of Townships; (o) and 
 
 2. In case of the separation of a junior Township from a 
 Union of Townships; (p) and 
 
 3. In case of the erection of a Police into an Incorporated 
 Village, or of tlie erection of a Village into a Town or of a 
 Town into a Cify ; (q) and 
 
 4. In case of an additional tract of land being added to an 
 Incorporated Village, Town or City, or in case of a. new divi- 
 sion into \yar Is of a Town or City ; (r) 
 
 (lb. sec. 20. ;-oo also 77ie Queen v. Switzer, 14 U. C. C. P. 470 ) Xo 
 jierson is entillud to vote at such an election unless bis" name appears 
 on the list. (I/., see. 6, sub-sec. 5.) No question of qualification can 
 he raised at sii.li an election, except to ascertain whether the party 
 tendenno- Ins vote, is the party intended to be designated in thealplin- 
 betical \yt. {//,. sec. 5.) Proceedings may be had at any time before 
 the issiium- of the writ of election, for the correction of the list (Ih 
 sees. 7 and 8.) ' ^ 
 
 {m) It is ,)„ly proper that the election for each Municipality should 
 tor the convenience of voters be held within the limits of that Muni- 
 cipality Cities, Towns and Incorporated Villages are quite distinct 
 from and indepen lent of the Townships in which situate.' It is there- 
 tore provided tl.ut no election of Township councillors shall be held 
 withm any City, Town or Incorporated Village. 
 
 (n) There may he a tavern where spirituous liquors are sold which 
 IS not licens-d to sell spirituous liquors. It is doubtful whether or not 
 the words • licensed to sell spirituous liquors" extend to more than 
 tlie unmediato antecedent house of public entertainment. Contraven- 
 lon of the statute in either of the particulars mentioned would, it is 
 believed -nvah, ate the election (see The Queen ex rel. Allemana v. 
 
 u! a'chan" R 'ri') ^^'^ ' ^''" ^"''" '^ '"''• ^'''*'" ^- ■^'^'^'^'^ 
 (o) Under sees. 27, 32. 
 (p) Under see^. 28, 29. 
 (q) Under sees. 10 to 15 inclusive. 
 {)•) Under sees. 13, 16, 19. 
 5 
 
 ElectinnR for 
 Towneliip" 
 ncit to be iu 
 Cities, Towns 
 or VillagpH, 
 and no elec- 
 tions fllmll III' 
 in tavurns. 
 
 First elec- 
 tions wlirii 
 Corporation -■ 
 are newly 
 erected nr 
 cxtendtj. 
 
(il) 
 
 THE MUNICIPAL MANUAL. 
 
 Titiits i>l 
 fifctinns. 
 
 ill 
 
 i'lac'i'!" of 
 
 ll.'CliollN. 
 
 !iv liyl:iw 
 Mniiiiipiil 
 
 .tI*> for 
 
 J'ollce 
 
 Villn^'.s. 
 
 
 5. In each of tho foregoing cases, the first election under 
 the rroelaraation or By-Law, by which tho change was efTocteJ, 
 shall take place on the first 3Ionday in January next after the 
 eriJ (if three months from tho date of the rrocluniMtion, or 
 from tho passing of the By-law by which the change is iii:h]c.(n) 
 and until such day the change shall not go into eifect. (^) 
 
 Subsequent Elections. 
 84. Every Election shall be held in the Municip;ility ur 
 Police Village to which the same relates, (a) 
 
 S«5. The Council of every City, Town and Village Munici- 
 pality (including a Village newly erected into a Town, and a 
 Town newly erected into a City), shall from time to time by 
 ]{y-law, (h) appoint the place or place." for holding the next 
 ciKsuiug Municipal Election, otherwise the Election shall be 
 held at the place or places at which tho last Election for the 
 Municipality or Wards or Electoral Divisions was held, (c) 
 
 SO. 't'he Council by which a Police Village is established 
 shall, by the By-law establishing the same, name the place in 
 the Village for holding the Election of Police Trustees. ((/) 
 
 (x) Til" whole three inoiitlis must expire. The day of llie Usuo of 
 the l^roclamntion or pnssinGj of hylaw ns well ns tlie day of tlie elec- 
 tidii, must be excluded from the computation of time. (8ee lllunt v. 
 /Ux.'op, 8 A. & E. 677.) 
 
 (/) Not only in it declared tliat the fir.st ejection must take place on 
 a [(articular day named, but that until audi day " the change shall not 
 tjo into elFect." 
 
 ((/) See note m to sec. 82. 
 
 (/>) /?// hy-law. The appointment of the place by resolution would 
 tie a nullity. {^The Queen ex rd. AHei/iainf/ v. Zocgcr, 1 f. C. I'rac. R. 
 21'.l.) 
 
 (r) One Robert Gillis had a farm through which ran the division 
 line between wards Nos. 2 and 3. His house stood on that part of 
 tlie farm included in ward No. 2, but his barn on the part in ward 
 No. o. The Township Council passed a by-law that the election of 
 Township Councillors for " ward No. 3," should le held at "Robert 
 tiiilis'." Held, that the by-law must be read as meaning some part of 
 his property in ward No. 3, and that as the election wan sluiwn to 
 have taken place in the house without the limits of the ward, it was 
 void. {The Queen ex rel. Preston v. Preston, 2 U. C. Cham. R. 178) 
 The right of tho Municipal Council to appoint the place or places for 
 holding municipal elections may be " from time to time" exercised, 
 and wlien once exercised, the places appointed continue to be tlie places 
 for all future elections until othewise directed by by-law. (See sees. 
 10, 27, 29, 84, 86.) 
 
 id) On the petition of any of the inhabitants of nn unincorporated 
 Village,, the Council of the Couuty within which tho Village is situate 
 
THE MUNICIPAL MANUAL. 
 
 »)7 
 
 mulor 
 
 Fectc J , 
 tor the 
 Ion, or 
 
 ;u1o.(n) 
 
 ;iUty or 
 
 Munici- 
 1, anil u 
 time by 
 \\c next 
 shall ho 
 I for the 
 
 J. (0 
 :ahlished 
 pluco ia 
 tees. 00 
 
 10 issue of 
 f the dec 
 e Blunt V. 
 
 e iilace on 
 shall not 
 
 ion would 
 rnic. 11. 
 
 he division 
 inl part of 
 vt, ill ward 
 ik'i'tiou of 
 It " llobcrt 
 niie i)ai-t of 
 
 shi'Wn to 
 ■ani, it was 
 m. K. nS) 
 r places for 
 ' exercised, 
 ,e the places 
 
 (See sees. 
 
 ncovporatcd 
 ire ia situate 
 
 \ 
 
 87. Tho Electors of every city shall elect three Aldermen Elections 'in 
 for every Ward, on the first JMonday in January, in the year ^uam'.na'.d 
 one thousand eight hundred and sixty-seven, one of whom ^v «v'- ^-• 
 shall retire annually, in rotation, and on the first Monday of 
 January in each year thereafter, shall elect one Alderman for 
 
 oaoh Ward, in the room of the retiring meiuber, unless chosen 
 hy acclamation on tho day of nomination, (c) 
 
 88. In Incorporated Towns having five Wards, there shall in Towns, 
 be two Councillors elected for each Ward,.on the first 3Ionday 
 
 in January, in the year one thousand eight hundred and sixtv- 
 soven, one of whom shall retire annually in rotation ; if) 
 rind in towns having less than five Wards, there shall be three 
 Councillovs elected for each Ward, on the first Monduy in 
 January, one thousand eight hundred and sixty-seven, one oi' 
 wliom shall ii^tire annually in rotation ; (j?) and on the first 
 Monday in January in each year thereafter there shall be one 
 t'ounciilor elected for each Ward in all Towns, (h) 
 
 iiiay,by by-law orect the same into a Police Viilai^e (sec. 9) ; ami, by 
 the !-anie ijy-law, under the section iiere nnnulatod. name tin'- ])lai.o ia 
 iht^ Vilia;^e for holding' the election of I'olioe Trustees. Unly one 
 place ii authorizied, and no power to chan^'O it. as in the case oi Mii- 
 :>ieij)aliti j-< under the last section, appears to bo >i'iven. 
 
 (() This section is entirely new. It not only provides for the oluc- 
 tion of three Aldermen, instead of two for eaoh w.'ird as hitiierto (.-^ec 
 si.'c. 0(1, sub-sec. '2 and notes) but further, that tiiey shall retire after 
 1><C7, in rotation bj' ballot (sec. 90) ami that the electors shall in every 
 yar after 1807, elect one Alderinau for tiicli ward, in the room of the 
 r ;tii'iu!^ nii'tnber. This is somewhat analogous to the election and 
 i-etireiiient of School Trustees. (Con. Stat. I'. C. cap. (54, sees. 12, ]:;.) 
 The oflice of Councilman for Cities is aboli-lit-J. 
 
 (/) Tliiri section, like tho preceding, is new. The principle of rutu 
 tion contained in it is also new. 
 
 (//) "Where a Town lias five wards there shall be ten Councillors. 
 Where les^ than five wards, three Councillor.-; for each ward. So that 
 aicordina; to this section a Town of four wards would appear to be 
 entitled to twelve Councillors, while one of five wards can onl}- hav 
 Um Councillors. This result could scarcely have lieen anticipated or 
 intended by the Legislature. Besides, it is not consiritent with sec. C,i\, 
 '<ub-sec. .S, which declares that the Council of every town shall consist 
 of the M.ayor, who shall be the head thereof, and of " two Councillors 
 for every ward." 
 
 (A) On the first Monday in January, 1S67. the whole number of 
 Councillors sludl be elected for each ward of the Town, and thoy ^liall 
 retire in potation; and on the first Monday in January in each year 
 thereafter, there shall be one Councillor elected for each ward iii all 
 Towns. 
 
68 
 
 THE MUNICIPAL MANUAL. 
 
 ;i. 
 
 Yearly 
 
 elai'tioDH of 
 Cunnrlllora 
 ail J Holii:M 
 Trustei'A. 
 
 Sallot to 
 dcterinine 
 ordiT of 
 retiring. 
 
 First election 
 in juulor 
 TownMiip 
 after separa- 
 tion. 
 
 Ward divl 
 
 slons in 
 
 United Town- eXlS 
 
 89. The Electors of every Township and Incorporated 
 Villygo Municipality shall elect annually, on the first Monday 
 in January, the 3Ieiubers of the Council of the .said Muniei- 
 pal'y; and on the second Monday in January, the Klectora 
 of every Police Village shall annually elect the Police Tru.s- 
 tecs of the Village ; (i) and the persons bo elected shall hold 
 office until their successors are elected or appointed and sworu 
 into office, and the new Council or Police Trustees is or are 
 c'-ganized. (^j) 
 
 00. At the first meeting of the Council of every City and 
 Town, elected after the passing of this Act, it shall be deter- 
 mined by ballot, under the direction of the Clerk, which of the 
 members shall retire in the first, second and third year respec- 
 tively; and the term of oflSoe of each Councillor shall cease, 
 according to the result of such ballot, (k) 
 
 01, When a junior Township of a Union has one hundred 
 resident freeholders and householders on the then last lieviscd 
 Assrssment Roll, (I) the Council of the County shall, by a 
 By-law to be passed before the thirty-first day of October, in 
 the same year, (m) fix the place for holding the first annual 
 election of Councillors in the Township, and appoint a 
 lleturning Officer for holding the same, and otherwise provide 
 for the due holding of the election according to law. (;i) 
 
 0!^. In case of the separation of a Union of Townships, the 
 isting division into VVards, if any, shall cease as if the same 
 
 (/) The reason for the difference of time is not apparent. IJut the 
 fact is, that while the members of Townsliip and Incorporated Yillaj^e 
 Councils nnust be elected annually on the first Monday in January, the 
 annual election of Police Trustees for Police Villages is postponed till 
 the second Monday in January 
 
 (j) The elections must take place on the days named, and cannot 
 take place on any other days. If any election do not so take place, 
 appointments must be made pursuant to sec. 12'J, which appuintments 
 shall have the effect of elections. So that at no time and for no 
 period are the Municipalities to be unrepresented. The Councillors 
 arc to hold office until their successors are elected or appointed, atid 
 sworn into office, «fec. 
 
 (k) This section is new. It is not said in what manner the ballot is to be 
 taken, further than the same is to be " under the direction of the Clerk." 
 
 {I) See notes to sec. 28. 
 
 (m) By-law. See note {/>) to sec. 85, The time for doing the act au- 
 thorized being limited, the act cannot be done after the day named, 
 unless the language used is to be construed as directory oidy. {Davi- 
 son et al. V. GUI, I East. 64.) This would appear to be a continuing 
 provision, liable to be brought into play in any year by by-law passed 
 before Slst October. 
 
 («) See sees. 87 & 88, et seq. 
 
 "1*. 
 
THE MUNICIPAL MANUAL, 
 
 C9 
 
 Dtated 
 ondiiy 
 lunici- 
 lectora 
 I Trus- 
 n hold 
 , sworu 
 or are 
 
 ity and 
 3 dcter- 
 1 of the 
 respec- 
 il cease, 
 
 lundrcd 
 Keviscd 
 .11, by a 
 Lobcr, in 
 ; annual 
 )point a 
 provide 
 
 (») 
 
 (hips, the 
 the same 
 
 . r,ut tho 
 cd Village 
 muary, the 
 tponed till 
 
 and cannot 
 take place, 
 j)ointinent3 
 And for no 
 Councillors 
 ointcd, and 
 
 lUot is to be 
 the Clerk." 
 
 r the act au- 
 day named, 
 nly. {Davi- 
 V continuing 
 -law passed 
 
 t 
 
 had been duly abolished by By-law, and the elections of Coun- 
 cillors shall be by general vote until the Township or Town- 
 ships are divided into electoral divisions under the provisions 
 of this Act. (n*) 
 
 93. The Election in Townships and Incorporated Villaf^os 
 of Reeves, Deputy Reeves and Councillors shall be by geneiai 
 vote, (o) and shall be held at the place or places where tho 
 last nieetinj^ of the Council was held, or in such other place or 
 places as may be from time to time fixed by By-law. 
 
 Retounino Officeks. 
 94- The Council of every Municipality in which the elec- 
 tion is to be by Wards or Electoral Divisions, (p) shall, from 
 time to time, by By-law, appoint Returning Officers to hold 
 the next ensuing elections, (y) 
 
 ■\VuKN Clekks to be Ex-Officio RETURNiNa Officers. 
 9*S- In the case of a Municipality in which the election is 
 not to be by Wards or Electoral Divisions, the Clerk shall be 
 the Returning Officer at all elections, (r) after the first, (.s) 
 
 (m*) Tiio Council of every Township may by By-law divide tho siuiie 
 into two or more electoral divisions, and may from time to time re- 
 peal or vary tho same (sec. 278.) 
 
 (o) This is a new and important section. In tho first place i vill 
 be observed that Reeves and Deputy Reeves are to be elected by the 
 people, and in tho second place that the election is to be by general 
 vote. Formerly Councillors only were elected by the people, and the 
 Councillors then elected the Reeve and Deputy lleeve. Formerly also 
 where there was an existing division of a Township or incorporated 
 Village into wards, the election was had for a particular Councillor in 
 each ward, and not by general vote. The intention of having Keeves 
 and Deputy Reeves elected by the people, is to prevent men by coiii- 
 bining in .small bodies, in effect, to elect themselves to these otiic^^s. 
 Tiio intention of having a general vote is to destroy the sectional 
 strife about the expenditure of money, which often arises where each 
 Councillor looks upon himself as the representative of a parliiulur 
 ward and not of the whole Township. It is not a little singular that tliis 
 Act, which makes Reeves and Deputy Reeves in Townships and incor- 
 porated Villages elective by tho people, in Cities and Towns takes 
 from the people tho right they had to elect their Mayor (sec. 105.) 
 
 (p) See sec. 278. 
 
 ((/) Bfi-law. An appointment by resolution would not be suftieient. 
 (See The Queen exrel. Allemaing v. Zocgcr, 1 U. C. Prac. R. 21!).) 
 
 (/•) Wiiere the election is to be by wards or electoral divisions, 
 tlio Township Councils appoint Returning Officers (sec. 94.) But 
 where there are no wards or electoral divisions, it is here provided 
 that the Clerk shall he the Returning Officer. 
 
 (s) First elections are otherwise provided for. See sees. 83 and OG. 
 
 •ililpiitoroRie 
 (111 JUmIu- 
 tlouoinnloD. 
 
 tioDH to hid by 
 general vote. 
 
 ncturning 
 ( )fflcer(i for 
 elections by 
 wardR. 
 
 When Cler.t 
 to be ex officio 
 Koturninf, 
 Officer. 
 
TO 
 
 TFir: MrNioii'Aii manual. 
 
 I 
 
 !', 
 
 For fiKt liUn- 
 ti'ii ill 
 
 vi;i,>,c-.^. 
 
 Aft^r first 
 election, 
 Pollc? Trus- 
 ttrr' to ap- 
 I'ulut. 
 
 Tlip oh-ience 
 rftli' It.>- 
 tnrnlniii'ffl- 
 oer provliluJ 
 for. 
 
 Orti -r^ tn lio 
 ooiiiicrvators 
 ' t' r!ir pMW; 
 theli' i<oworB. 
 
 llKTl'li.VINO OURKU^ I Oil TlIK FlUSf ElKC'TIoN IN Vll.l..\(.i:» 
 
 OO. In every liy-law establishing a Police or Incorporated 
 A'^ilJacje, a Roturning Officer xhall be appointed, who is to hold 
 the lir.st election for such Village, (t) 
 
 2. In Police A'illagcs. after the flrst election, («) tho Trus 
 tecs thereof, or any two of them, shall, from time to time, by 
 writing under their hands, (v) appoint the ReturningOfficcr. ( yr) 
 
 Ik Tin: Ili:i i rniso Okkicek dk aiisknt. 
 
 07. In case, at the time appointed for holding nn cloctiuD, 
 the person appointed to be Returning Officer has dioil, or duos 
 not attend to hold the election within an hour after the timu 
 appointed, (ar) or in ca*c no Returning Officer has been np- 
 pnintoil, (//) tho electors present ut tho place for holdiii- tlu' 
 elftftion may choose from amongst themselves a ilcturnin;': 
 Oilicor; and such rioturning Officer shall have all tlio pmvurs 
 aiul shall forthwith proceed to hold tho election and perl'unu 
 all the other duties of a Returning Officer. 
 
 Tin: UF.Tl'RNtNG OHUKK T> HE A CONSERVATOR OK TlIK I'kACK. 
 
 OS. The Returning Officer shall, during the election, act 
 as a conservator of the Peace for the City or County in which 
 the election is held ; and he, or any Justice of the Peace 
 huvinir jurisdiction in tho Municipality in which the election 
 is held, may cause to be arrested, and may summarily try and 
 punish by tine or imprisonment, or both, or may impri.-iun or 
 
 (7) Tho njijiointnictit id t^ ho made by tho by-law estutili-iliinu tin 
 ViJId'j;!', mid it" not tlicii luiule, may, it is presumed, be made j.iirsuiiiit 
 ti) >e<'. Vi. 
 
 . ('.) Wiiicli is jn'ovideil fur by tlie preecdini; sub-section, 
 
 ((') I'olice Villuge^, i.ot being iucorporiited, of counso liave ii'it :i 
 eorpdrnte seal. 
 
 (?(•) A di^tinclifin is to I'O oliscrved between the appointment of the 
 [dace fur lioldin^' an electinn in a l\diec Village and the ap]KiintiiKiit 
 of a llelurninc: Ctiieor to Indd it. Tiio place is appointed iiur.-*uaiil li> 
 see. 85 ; the Ketuniiui,' Otiker pursuant to the seetion here annotnted. 
 
 (.'■) If the lleluvniiii:- OtliccT bo. not dead, but fail to attend, a full 
 hrair mast elaj.^e before the electors present can choose from among 
 titenisolves a I'etnrnin!.' < 'tiicer to ^nj'ply his place, and when the sub 
 stituto is so cliosen it i-> apprehendi'd the original Returning Olliccr 
 ••aiinot ni)]iear and take tlie business out of his hand. Qiian — Does 
 tiiis seolioii apjily to the case of the Township Clerk dying oi' not 
 attending, when ileturning Officer under sec. 'J, 5 Y 
 
 (i/) Which may haiipiii wlicn the appointment is not made cit! r 
 at the proper time, by the proper bod}', or in a proiier nuiiiuer. 
 
TlIK MUNICirAI. MANUAL. 
 
 71 
 
 bind over to keep the peace, or for triiil, uny riotous ur Jin- 
 ordcrly pcrnoii who nssuults, beats, molests or threatens any 
 voter eniiiiiic; to, remaining; at, or goinji from the clcctioti ; (a) 
 and, wlieii thereto re(iuireJ, all eon«tubles and persons present^ 
 at t',0 e'';ction, Hhall assist the IlcturniugO.'tioer or Justice of 
 the Pcaeo, on pain of being guilty of a niisdoraoanor. (h) 
 May Swear in Special Constables. 
 
 99. Every llcturning Officer or Justice of the Pence may spe^^w J^^^;^^ 
 appoint and swear in any number of Special Constables to be»wornin 
 assist in the preservation of the peace and of order at the elec- 
 tion ; (r) and any person liable to servo as Constable and 
 required to bo sworn in as a Special Constable by the Return- 
 
 iiiir OlHccr or Justice shall, if he refuses to be sworn in or to 
 serve, be li;il)lo to a penalty of twenty dollars, to be recovered 
 to the use of any one who will sue therefor, (c*) 
 
 ri'..Ki;i:iii.vciH AT Dlkctionh in TowNHnirs ano IsTonronATi:!) 
 
 Vri.LACiKS. 
 
 100. A meeting of the electors shall take place for the Nnminiiti'.n 
 nouiiiiation of candidates for the ollJees of Ileovo and Deputy ^*"'^ "^' 
 Kccves, Councillors and Police Trustees, in townships, incor- 
 porated villages and police villages, at noon on the last Monday 
 
 but one in December annually, at such place therein ns shall 
 from time to time be fixed by l>y-law. (<l) 
 
 (a) III ycnoi'ul, tlio Ilcturiiiiiy; OtHcir will net uiulor this ^uulloii 
 ujioii liifl (iwii view. But wlieii, instead of acting on facts (jb.sc'i'vcd 
 \>y liiiii^ilf or within his own knowledge, ho acts fin tliu infurnwition 
 oi' other--, it is sug;;ested he should take the regular infonuutioii, and 
 jiroceed as any otiier magistrate would be required to do inider lil;u 
 cireunistance^. An exanii)lc would be, wlien tho comiihiint is an 
 assaidt upon a voter coming to or returning from tho election, com- 
 mitted at a distanco from tho jioU. The main object of the ,-uctioii is 
 however to emiiower tliu Returning OlHcer to act promptly on the spot 
 in tho hearing and determining of ofl'ences occurring at the poll; but 
 in point of authority he is not so restricted. 
 
 (/>) The word "Misdemeanor" in its usual acceptation is ajiplied to 
 all those offences for which tho law has not provided a jiarticular 
 name ; and they may bo punished according to the degree of tlie olFence 
 by tine or imprisonment, or both. A misdemeanor is in trutii any 
 crime less than a felony. (I Russ. ou Crimes, 45.) 
 
 (c) It is the design of this section to confer additional pt.'wcrs on 
 the Returning Oflicers, itc, of which it behoves all persons li.^ble to 
 serve as special constables to be advised and take notice. 
 
 ((*) Tlie penalty mny, it is ajiprehcnded, though not eo expressed, 
 be sueil for in any court of competent jurisdiction, for instance in u 
 Division Court. (Sec Brash q. t. v. T,i<jrjart, IG U. C. C. P. 415.) 
 
 (7) Tills section is new. It provides for nominations in the case of 
 
TIFK BICTNICIPAL MANUAL, 
 
 
 1. The Clerk (or in his absence a Chairinn" hi bo chosen) 
 shall preside at «uch meeting, of wh'h the (Mork shall give 
 at least six days' notice ; (f) 
 
 2. If only the necessary number of candidates to till the va- 
 cant offices, shall be proposed and seconded, the (*lork or 
 Chairman shall, after the lapse of one hour, declare "uch can- 
 didate or candidates duly elected ; (/) 
 
 3. If more than the necessary number of candidates are pro- 
 poHdemau- pQggj]^ anj a poll is demanded bj any candidate <>r elector, the 
 
 President. 
 
 If no more 
 ouudiditcs 
 than oflires. 
 
 If more and 
 
 , I 
 
 elections in Townslnps, Incorporated Villngos nnil Police Villages, 
 The time and place for the noniiinition are both stated : 
 
 Time, at noon on the last Mopiiiiy but one in Dect-iiljer aniinnlly. 
 
 Place, at such place in the 51uiiicipality as shall tVom time to time 
 be tixed by by-law. 
 
 The procefdingi necessary ot such nomination are hereinafter de- 
 tailed. 
 
 (e) Two things are to be observed — the Chairman and iiotine. Tlio 
 choice &rOhairman in the absence of the Clerk, though not so e.xpresseii, 
 mu'.r., it is apprehended, be made by the electors pri ^ei'^ at the meet- 
 ing of which at least six days notice must have been gi , on. 
 
 Should a person other than the person assigned, prej^ide at the 
 meeting, the proceedings wo>dd in all probability be held void. {'J'hc 
 Queen V, BackhoHse ct nl., 12 L. T. N. S. 57'.* ; In re I/iir/ln/ and Cor- 
 jwrationof Emily, 25 U. C. Q. IJ. 12; 1 L. C. G. 2:5.) 
 
 As to the notice — Where a statiite says a thing Mind! l)e done so 
 many days, or so many days at kast, before a given 'veiit, the day 
 of the thing done and that of the evt^nt must both be excluded. [The 
 Queen v. Justices of Shro}»ihire, 8 A. & E. ITS ; Mitchell v. Foster, 'J Dowl. 
 P. C. 527.) Thus 8Ui)pose the day for the intended election to be 
 3rd .lanuary, notice thereof, to be good, would lequire U> be given at 
 latest on 23rd December preceding. 
 
 {/) The form of proposing and seconding is made necessary. If 
 only the necessary nund)er of candidates be projxised and seconded, 
 the duty of the Clerk is simply to wait for one whole hour, and then 
 if no more condidates have been j)roposed, to declare tlie caiididates 
 didy elected. In such case it would seem to be unnecessary that the 
 electors should express any opiidon with regard to the nierils of tho.so 
 ])ut in nomination, either by holding up of hands or otl'"rwiso. If 
 more t'.ian the necessary innnber of candidates to till vacancies be pro- 
 posed, it is tho duty of the Clerk to proceed as in the next ^ub-section 
 directed. It would seem that where more persons are proposed and 
 seconded than necessary, and after polling commem-ed all except the 
 necessary number retire, the Returning Otticer could not close tho 
 j)oll unless under the circumstances mentioned in "ucceeding sub-sec- 
 tions of this section. (See 'J7ie Queen ex rel Home v. Clurk, IT. C. 
 I/. . J. 114.) The election is commenced when the lleturning Otlicer 
 receives the nomination of candidates. ( The Queen v. ' 'mraii. 2-t U. C. 
 Q. H. 000.) It is not necessa.y to constitute an elecii.,ii i hat a poll 
 should be demanded. 
 
THE MUNICIl'AL MANUAL. 
 
 <•> 
 
 (Uerk or Clmirniiiu shall adjourn the proceclintrs until the 
 first Mondiiy in January, when a poll or pulls shall bo opened 
 in each electoral division, or if the nmnicipality bo not (livided 
 into electoral divisions, then at such place as the council shall 
 by by-law detern)ine for the election, at nine of the clock in 
 the niornin;:, and shall continue open until five of the clock in 
 the afternoon, and no longer ; (^^ 
 
 4. Tho Clerk or Chairman of the nicctinj^ shall, nn the day Ni.ikv..fi«?r- 
 followinir that of the nomination, post up in the office of the ^"J^^"' 
 (Merk of the Municipality, the names of the persons proposed 
 
 for tho respective offices, and the Clerk shall provide the lle- 
 turninifi Oilicer, or Officers in case of electoral divisions, with 
 a certifiod list of tho names of such candidates, specifying the 
 ofiices for which they are respectively candidates ; (A) 
 
 5. The Clerk shall, before the poll is opened, deliver to the lw of Voters 
 
 i". (lone so 
 t, the (lay 
 led. {T/ic 
 II-, 9 Dowl. 
 lion to be 
 )e "-iven at 
 
 f 
 
 (f/) A |ioj)iilar inipiMjssion exists tliat the Iletin'niiii^ Oflicer onirht, 
 wluMi tluTc are more than the neci'srJary iiuniher of camlidates. to f iik(! 
 a show of hands, and that the omission to do so is an irregularity. 
 'I'iie modern ])factiee is no d(/ubt to tal<e a show of iiands JJut for- 
 merly there were several modes of expressing; the o|pinion of tlu! 
 electors, wliieli constituted an (dection by tJie \ iew, eitlier holdinij up 
 of tile liands, ealliiii; ont tiie names of tiie candidates, or by di\idinii; 
 into se[iarate bodies. When iiowever a poll was demanded, tlie.se 
 forms were nnnecessary. (Clai'k on l-'dections, Klo.; Not <ifdy must 
 lliere i)e more tiia.i the necessary nundier of candidates proposed an(' 
 seconded, bi.it a poll nuist be demanded before an adjonrniiient, will) li 
 view io I M ection, can be had. Tlie poll may be deiinindcd either by 
 a calldidil^^; or an elector. Wlien demanded, the proeeedinus innst be 
 adjom-ned until tlie first Monday in January, and n poll tlien ()])ened, 
 at 11 o'clock in tlie luorninj^. 'I'he poll is to continue open " until live 
 of tiie clock in the afternoon and no lone-er." Tims makini;: nece^sal•y 
 (Mily one day's election uiul not two as ibrmeriy. It is neces-ary tlint 
 during; llie liours for poll! n;jj. the electiu's should liave free access to tiie 
 polling jdace. The fact tliat a large number of duly (|ualilied electors 
 could ii(;t east their votes, it', a sulhcient reason for setting aside nn 
 election, if the result would iiave beiMi affected by the unpolled voten. 
 ( Tliv Qi'iiri ex id. Wi/son v. Diwh ct a/., Clinniberi?, Richard^, J.. 3 U. 
 (■. 1... .1. 1 (')(■).) In case, by reason of a riot or other emergency, tho 
 election is not commenced on the jn'oper daj-, ov is interruptecl after 
 being commenced, ))rovisiou is maiie for an e:;teusion of the time for 
 receiving votes. (Sees. 1(I3, lo-l.j 
 
 {/() The duty of the Clerk or Chairman under this sub-section is 
 two-fold, viz. ; — 
 
 1. To post up, on the day following tliat of the nomination, in the 
 otliee of the Clerk of the Miiiiicipality, the names of the persons pro- 
 posed for the respecti\e otlices. 
 
 •J. To provide the ileliirniiig OHicer or Otticers, in the case of elee- 
 toi'i.". divi.-ions, with a (;ertitied list of tlie names of sucli candidates, 
 i--pecilyin!; tlu; otlices for which the}' are respectively candidates. 
 
THE MUNICIPAL MANUAL. 
 
 I.'! 
 
 i 
 
 Kcturnirjii Oflicor for every electoral division, or police village, 
 u list of the names, arranged alphabetically, of all male frec- 
 Iloldor^! and householders rated upon the then last rcvi&ed 
 nssessnK.'nt roll for real property, lying in that electoral divi- 
 sion or villasjjo, to the amount retjo 1 to qualify them to vote 
 at such election, and shall ttosL the said list by his solemn 
 declariition ; (/) , 
 
 (M It will be oljsorvt'd tlmt the duty of tlio rierk under this pul>- 
 seution is also two-fokl, viz. : — 
 
 !. To ildiver to the Returning Officer for every dcctornl division 
 or iioliei" villn<i;c, n list of the names nrrantijecl alplinbeticnlly, of nil 
 niak's froL'hoUlcrs and householders, rated upon the then in.^.t revised 
 iis>e*jniciit roll fur real property lying in that electoral iUvi>i()n or 
 viila^'c, to the auDUnt rcipiired to enti*.. Kkm to vote at suih iloctioii. 
 
 2. To .ittest ll'e list by hiri soleiiin d 'ho'Mt'f,/!. 
 
 The law rcnuins the llelnrning Otlic^,; L-. bo furnished wiili a list, 
 of the iiiimes, arranged alphabetieally, of all male freeholders and 
 householders, rated u|K)n the roll, tte., and it is obvious for what pur- 
 pose. Tlu' I'urposc is, not lO enable the Returning Oflleer himself to 
 judge of the sutiieienej' or insufficiency of votes taken, but that all 
 persons interested in the election may have a check at Iwuid at the 
 time of polling the votes. (77ic Qiicoi ex rih Dimdaa v. XVn, 1 V. C. 
 Clinin. lie]'. I'.tS; see also sees. 75, 7<', 77.) Persons whose names are 
 on the oriL;inal roll, though omitted by accident from the list, nnu' it 
 seems claim a right to vote ; but not persons whose names are on the 
 list, though not on the original roll. [Tlie Qiiccn ex rcK /frlUmll v. 
 Slepliai!^^,!. 1 U. ('. Cham. Rep. 270.) The list furnished to the Re- 
 lui'ning Oilicer ought to be alphabetical, and if not so the Riturning 
 Oti'cer should hii.iself make it alphabetical. ( 77/c Qiir( a t/ ril. J)r,vi.s 
 V. II7/,«),i ,/ „/. (handlers, Riehards. J., 3 V. C. L.J. ]\\r,.) \VliL'retbo 
 Ueturniiiu Ollieer was not furnished with the list, and not withstanding 
 proceeded \\it;h the election, /dV'/, tliat it was an irregularity which 
 subjected the election to be avoided if the objection were taken by 
 one ipialilied to urge it, althou^di it might not ipxo fwt'> remler the 
 election void, lldd, also, that the ac((uiescence of the candidates in 
 the election being jiroceiHled with under these- eiremnslanies, Ihougli 
 it might [ireclude thim from disputing the \alitlity <if the eieclioii on 
 that ground, could not affect, the ri;rht of a voter who was no party to 
 such acijuiescent arrangement. {TIic (Jmen ex rr!. C/nir/'s v. J.firis il 
 al. i V. (j. Cham. R. 171.) In such a case, however, it would scejn to 
 be necessary to show that the absence or inaccin-acy of the list pre- 
 judiced the eh.'ction, ov that some candidate or voter refused on that 
 ground to proceed, and relied u])on the objection. ( Tin Qu<)i eX nl. 
 RlUnn V. r,,-ni etui. 1 V. C. I'rae. R. 'i:-.7.) It might perhap- a!-) !e 
 necessary to siiow that the candidates returned were, not eliyible or 
 had not in fact a majurity of legal voles. [Ih.) W here the Relurnieg 
 OtKeer u-^ed the original roll instead of the list, liavinu' first aiinoiincd 
 that he coiiehided to do so and no one ol^jeeted, the election was sup- 
 l»irted. {The Qiuen ex rel. Hal! v (•',-',/, 15 U. C. (l 15. ■.i.">7.) It woidd 
 also seem that it is no objection to the list that it was not verified as 
 the htatule retjuires, unless somi> objection be- taken before or during 
 the election. [Tlw Queen tx rel. Jiiio.t v. Pn-r;/, 1 U. C I'rac. R li'-w.) 
 
 I 
 
village, 
 ale iree- 
 
 revi&eJ 
 iral divi- 
 1 to vote 
 s solemn 
 
 tills HUl)- 
 
 (livision 
 Uy, of nil 
 -,1 I'L'visi'il 
 ivi>ion or 
 h ili^'ctujii. 
 
 rtiih a list, 
 Idcv-i and 
 wliat jnir- 
 liiinsi'lf t'> 
 lit that all 
 III! at the 
 
 '- .S-, 1 r. <;. 
 
 naiiiPs are 
 ist, may it 
 ni'p on the 
 
 llrUimll V. 
 
 to tlie \\i-- 
 
 lliluriiiii:; 
 / /•(/. Davis 
 
 Wliei-p the 
 illistniiiliiig 
 rity wiruih 
 re taken liy 
 
 iTiiiler the 
 iiidiilatL'S ill 
 ii's. though 
 
 election on 
 no )iarty to 
 
 < V, J.fll'is (t 
 
 uiil sci^ni to 
 he list pre- 
 isetl on that 
 
 ^Jki' II VX, 9'( /. 
 
 ia|i- a!-o le 
 , elii;'ible or 
 i- ju'liirninjf 
 t uiiuouDcetl 
 
 1)11 \V;ls MIJ)- 
 
 .) it would 
 t vi'i'iiied a^ 
 •e or diiriiin' 
 
 \ 
 
 THE MUNICIPAL MA.NUAL. 
 
 75 
 
 l'-llli.),.k,. 
 
 ll.iw kept. 
 
 0. Tho Clerk shall provide the llcturninfr Officer with a 
 Poll-book, and he, or his sworn Poll-clerk, slmll enter in such 
 book, in separate columns, the niinies of the candidates pro- 
 pi).-;ed :ur1 .seconded at the nomination, and shall, opjiosite to 
 such columns, write the names of the tlectors offering to vote 
 at the election, and shall in each column in which is entered 
 the name of a candidate voted for by a voter, set the figure 
 " 1" opposite the voter's name ; (j) 
 
 7. In townships, incorporated villaj^ea and police villages, fu-turning 
 every Eeturning Officer shall, on the day after the close of the {,^,f,>!!,'^"' 
 pull, return the poll-book to the Township Clerk, verified 
 
 under oath before tho said Clerk or any Justice of tho I'eaoe 
 for tho county or union of counties in which the said town- 
 ship, incorporated or police village may lie, as to the due and 
 correct taking of the votes ; (/.•) 
 
 8. Tho Clerk of the township, incorporated village or police smamiiu' uV- 
 viliago, (^or person so appointed Chairman as aforesaid), shall ^"'^'■•• 
 
 add up the votes set down for each candidate in the respective 
 poll-books, and ascertain the aggregate number of votes, and 
 shall at the town-hall, or other place at which the nomination 
 was held, at noon of the day following the return of tire poll- 
 book, publicly declare the Reeves and Councillors, or Reeve iv,.i.„.|„„ 
 Deputy Reeve and Councillors, as the case may be, who have nndi.iiitfH 
 been elected ; (0 ''"''"' 
 
 0. In ease ^wo or more candidates have an equal number of OisUtK; T.it.> 
 votes, the saia Clerk, whether otherwise qualified or not, shall '"'^•"'"''''^'^■■' 
 
 (j) Thi entries in the pol liook arc to he as follow : 
 
 1. Tiie names of tho ciindiuiites proposed nuil seconded at the nomi- 
 nation. 
 
 2. The nanu's of the electors offering; to vo -•. at tho election. 
 
 ;>. And in each column in which i.s entered the name of a candidnte, 
 the fii^ure " 1 " opposite the voter's name. 
 
 (k) The poll-book must :iot only b, returned to the Township Clerk 
 nn the day after the cln.-i^' of the poll, but be returned vcrlticd under 
 oatji. Jt is not, it will 1)0 observed, made tho duty of the Uetnrnini^' 
 Ofhcer to add up the votes. 
 
 (/) The duties of tho Clerk or Chairman, under this sub-seetion, are 
 as follow ; 
 
 1. Til add up the votes set down for each candidate in the respective 
 poll-books, and ascertain the agi^n-cgate number of votes. 
 
 'J. To publicly declare the result of the election, at the town-hall or 
 oilier plarr at which the norainntiou was held, at noon of the day fol- 
 lowin;.^ the return of tho jioll-book. 
 
 The duty of the lloturniti'.; (MKcer is impcrntivc. His failu re in any 
 inalerial p 'int to observe it, nv^-ht invalidate the election. 
 
7<i 
 
 THE MUNICIPAL MANUAL, 
 
 Kle'tiOUS, 
 liuw cou- 
 liuctoj. 
 
 Niniiniitioii 
 meeting. 
 
 Notice. 
 
 ijivo n eaptinp; vote for one or more of such canJiJates, so as to 
 (lovtido tlic election, and exocept in such cuse the Clerk shall 
 not vote at any such election. (»i) 
 
 Prc)ceedisg3 at Elections ok Ar,i>f:n%K.\ in Citie.h and Councillous 
 
 IN Towns. 
 
 101. The proceedings at such elections («) shall be as fol- 
 lows : 
 
 1. A nicetinir of tho Electors shall take place for the nomi- 
 nation of candidates for the offices of Aldermen in cities and 
 of Councillors in towns, at noon on the last Monday but one 
 in December, annually, in each ward or electoral division 
 thereof, at such places therein as shall from time to time be 
 fixed by By-laws of the said City or Town Councils; (o) 
 
 2. The lleturning Officer for each ward or electoral division, 
 in cities and towns, or in his absence the Chairman to be 
 chosen by the meeting, shall preside, and the Returning Officer 
 shall give at least six days' notice of such meeting; (p) 
 
 ()/)) It would bo well for Hie Clerk to pny close nttention to this 
 clause. No Clerk, whether qualified as an elector or not, in allowed to 
 vote. The exception is, when two or more of the caiuiidatcs have ixn 
 equal number of votes. Then, wiiether otherwise qualified or not, lie 
 " sitdll jjjive a vote for one or more (that is, when more than one is to 
 be elected) of such candidates, so as to di'nfle the election." 
 
 The Court will presume tliat a public officer nets proiierl}' and lion- 
 cstly till the contrnry is shown; and where it is intended to chary;e 
 the officer with unfairness or parlialitj', the case should i)e plainly 
 stated and clearly made out. (1 /le Queen ex rel. Wnlkev v. [lull, t> U. C. 
 L. J. lo8.) Where a Returning Officer, after closing tiie poll, received 
 an alfidavit from M. that his vote had been entered by mistake for rela- 
 tor, on wliich lie altered his vote in the poll-book, and, the votes then 
 being e(pial. nave his casting vote, the election was set aside. {The 
 Qiifimx ril. Ailif^im v. JJoiio.fL:!!', 15 L". C. Q. li. 451). In a similar case 
 the Ueviirniiig Officer was ordered to ]»ay the relator's costs. (77/e 
 Qiirm e.r rd. Mltr/ulv. A\nd-in, 2 U. C. Cham. U. IC.l ; e'»itr(i The Queer 
 fnl. t\i}ii>liin,l\. Wchxler, (i U. C. L.J. 8'.).) It has been held that a 
 lleturning Officer cannot, after the close of the poll, add his vote for a 
 candidate, although he then for the first time discovers a tie between 
 them. (The Queen ex rd. Bnlijer v. Smith et a/.. 4 IT. C. L. J. 18.) It 
 is not said in the sub-section here annotated, when the ('lerk is to give 
 his casting vote, and it may be held that he may now do so at any time 
 before the declaration, and at the declaration make known the result, 
 and how he arrived at it. 
 
 ()i) " Such elections," /. e., elections of Aldermen in citifs and Coun- 
 cillors ill towns. The preceding section makes full provir-ion fo t-lee- 
 tlons of Reeves, Deputy Reeves, Councillors and Police Tru cees, in 
 Township^!, Incorporated Villages and Police Villages. 
 
 (") Sci- note (/ t(; sec. lUO. 
 
 (ji) See ni)te e to sec. lUO. 
 
 t 
 
 II 
 
 if 
 
THE MUNICIPAL MANUAL. 
 
 77 
 
 . so as to 
 erk shull 
 
 UNCTLlOnS 
 
 >e as fol- 
 
 he noini- 
 
 itios and 
 
 but one 
 
 division 
 
 time 1)0 
 
 division, 
 an to be 
 v^ Officer 
 
 (P) 
 
 on to this 
 allowed to 
 I'S hiivo nil 
 1 or not, lie 
 111 one is to 
 
 I}' and lioii- 
 l to charge 
 
 he j)liiiiily 
 /,(//, « U. C. 
 11, received 
 ike for rela- 
 
 votes then 
 side. ( The 
 similar case 
 :'()sts. {The 
 t The Queer- 
 
 held that ii 
 is vole for a 
 tie hetwecn 
 . .1, 18.) It 
 rk i.s to uive 
 1 lit iiny time 
 1 the result, 
 
 ■s and C'ouu- 
 ion fo eleo- 
 Trii tees, in 
 
 V 
 
 I 
 
 3. If only tbe necessary number of candidates to fill tbe 
 vacant offiots shall be proposed and seconded, the Iteturtiing 
 Officer or Chairman shall, after the lapse of one hour, declare 
 such candidates duly elected; (q) 
 
 4. If ni<^r" than the necessary number of candidates be pro- 
 posed, and a loU is demanded by any candidate or elector, the 
 Keturniti<r Oiiccr or Chairman shall adjourn the proceedings 
 until the ti'.st Monday in January, when a poll or polls shall 
 be opened in each ward or electoral division, for the election, 
 at nine of the clock in the morning, and shall continue open 
 until five of the clock in the afternuon, and no longer; (/•) 
 
 5. The Clerk of town or city shall, before the poll is opened' 
 deliver to the Ileturning Officer for every or any ward or elec 
 toral division, a list of the names, arranged alphabetically, o 
 all male freeholders and householders rated upon the then las* 
 revised asse.'i.suient roll for real property lying in that ward or 
 electoral division to the amount required to qualify them to 
 vote at such election, and shall attest the said list by his 
 solemn declaration ; (,s) 
 
 G. The (/Icrk of every town or city shall provide the Ileturn- 
 ing Officer of every ward or electoral division with a poll-book, 
 and at every election at which a poll is demanded the Return- 
 ing Officer or his sworn poll-clerk shall enter in such book, in 
 separate columns, the names of the candidates proposed and 
 .seconded at the nomination, and shall, opposite to such columns, 
 write the names of the electors offering to vote at the election, 
 and shall, in each column in which is entered the name of a 
 candidate voted for by a voter, set the figure " 1" opposite the 
 voter's name ; (<) 
 
 \Vii,vr Oaths he may administer. 
 7. The lloturning Officer or Chairman may administer all 
 oaths or affirmations necessary at the election ; ijt) 
 
 I r no more 
 rftinlidatis 
 thiin offices. 
 
 If miTf, 
 
 Li.Kts of 
 voter?. 
 
 Toll bocks. 
 
 How k>?[ r. 
 
 Rcturnir;:; 
 otlici-r niiiy 
 mlininii'tt.'r 
 oalli?. 
 
 (q) See note / to sec. 100. 
 
 (>•) See note ff to sec. lOO. 
 
 (s) See notes h, i, to sec. 100. 
 
 (<) See not'! _/ to sec. 100. 
 
 (?/) The Returning Officer should, on request of either of the candi- 
 dates, or his fluent (whether such a<;ent be or be not a dulj' (jualified 
 elector), administer the necessary oaths or aiiiruiations. (Tlie Quvi i 
 ex rcl. Gardiinr \. Perry ; Ilagarty, J. ; May 12, 1857.) The refusal 
 of an elector to take tlie oath ia, if thr relatur would otIierwi.se ha\o 
 had one majority, a good ground lor setting aside the election, ll'hc 
 Queen IX ril. Jtilhm v. McXcil, 5 U. C. C. V. 137.) 
 
78 
 
 THE MCKICIPAL MANUAL. 
 
 ,y : 
 
 only 
 .hs io bo 
 
 . cinlrtd of 
 
 voUrs. 
 
 V, 
 
 Oaths and Qiestioxs that may be put to ELKCTons, 
 8. At any election, or at any public vote in respect of a 
 By-law which requires the assent of the electors, the only oaths 
 or affiriuatious to be required of any person clairainp; to vote, are, 
 that he is of the full a<;e of twenty-one years, and is a natural- 
 born subject of Her Majesty, or has obtained a certificate of 
 naturalization from the Quarter Sessions, or was a resident of 
 Canada before the eighteenth day of January, one thousand 
 eight hundred and forty-nine; that ho has been, if a householder, 
 ;i resident within the municipality for which the election is held, 
 or vote taken, for one month next before the election, and that 
 lie has not before voted at the election or on the IJy-law in the 
 township or ward in which he is votini» (a.s tfin case inti/ he) ; 
 and that lie is the person named or purporting to bo named in 
 the list of voters ("/'. in cam of n new minucipitUti/, in irJii'h 
 then: liuti itot J/'t hetii ani/ as^rsmncnt rol/), and that he is ;i 
 freeholder or resident householder in (^miming thi prup- ,(•/ 
 nititliinj him to vote at the tlerfion)', and that he Ins nit 
 directly or iiuliiectly received any reward or gift, nor i],h'< he 
 expect to reeeive any, for the vote which he tenders at the 
 election; and snob oaths shall bo administered at the roijuo-t 
 of any candidate or his authorized agent, and no inquiries sliiill 
 be made of any such person except with respect to the facts 
 spoeiQed in such oaths or affirmations; (r) 
 
 (n) The oatli, so far i s the elector is concerned, embraces tin- follow- 
 in:; points: 
 
 1. That ht is of tin- full a^c of twenty-one years. 
 
 2. That l«tr is a niitnriil-born subject oi' Her Majest}', or Inis obtaiiu-il 
 :i et'rtilic.iTj' nf niiturali/.ation from the (Quarter Session:?, <)/• was a rcsi. 
 (lent of Canada hol'orc the ISth January, Isil'.t. 
 
 :i. That he has been (if a househoUler) n resident within tlie inuniii- 
 |ia!ity f>!- which the oli'iiion is hihl or vote taki'n, for one niMnth next 
 bt'fore th'' flt-etion. 
 
 1. Thai he has noi bi'fore voti'd at the election, or on tlic by-law, in 
 the towL-hip oi' ward in which he is votin<^. 
 
 5. Trtiit In.' is thi' person nanic(l, m- purporting to be nnuicd, in the 
 list of voti-s. 
 
 'i. That h? has nut directly or indiri'ctly received aii'; rcwaiil or 
 •jM, nor (li)i'?. he ''xjn'ct to reci'ivo any, for the vot.- whi h be tender.s 
 m the election. 
 
 Sue sees. T") and Tt'i. as to the rjualifieation o*' voters. 
 
 .\ Kt'tnrninc; Officer who receives illegal votes, not on his list, may 
 be niailc to pity costs. ( 77(r Qwen cr ril. Johvuton v. Mnrmii 5 U. C 
 L. J. 87.) win re a voter has parted with the property in r'-^pect to 
 which he votes, though on the list, he has no legal right to V'lti-. [The 
 Queen fr yd. Lnh v. H<-pkim, V U. ('. L. J. \^2..) If a Keturninir OHi 
 ci'r. upon (lisooveriug an error in the entrv 'it a vote, has thi' ]i iwcr ti» 
 make the necessary correction, he n\\\^\, make it promptly, and only in 
 
 f 
 
pcct of a 
 inly oaths 
 vote, are, 
 I natural- 
 tifioatc of 
 ^sident of 
 thousaiiii 
 ischoldor, 
 )u is held, 
 , and that 
 law in the 
 nvtii f>c) ; 
 iiaiiii'd in 
 , /,■(. irh'x h 
 it he in a 
 
 c li'i.s nit 
 ir doi's he 
 or.s at thi' 
 lie reijuo-t 
 lirios riliiill 
 
 i the follow- 
 
 liis obtaiiu'd 
 ' was a riT*;- 
 
 tli(,' inuniii 
 month lu'xt 
 
 ,(• l)yl:iw, iti 
 
 aincd, in the 
 
 \- rcwanl tir 
 I'l he tundiTs 
 
 hU \\<\. may 
 no II ■"> U. C 
 in P'-pi'Ct to 
 o vol... {Thr 
 'luvnin;; ('Hi 
 
 thr Y '''*''^''' '" 
 •. and only in 
 
 
 THB MUNICIPAL MANUAL. 
 
 9. The Kuturning Officer shall, at the close of the poll, add 
 up the number of votes set down for each candidate, for the 
 office of Alderman in cities and of Councillors in towns, and 
 shall publicly declare tlie same, boirinninp; with the candidate 
 havinj; the i^reatest number, and so on with the others, and 
 shall thertMipon publicly declare elected the candidate or can- 
 didatc- respectively standing highest on the poll ', but where 
 a ward is divided into two or more electoral divisions, each 
 Rc'irning Officer shall at the close of the poll return his poll- 
 bouk to tiio C^ity or Town ('K-rk, who shall as soon as possible 
 thereafter add up the number of votes and publicly declare thu 
 candidate so elected ; (w) 
 
 10. In case two or more candidates have an equal number 
 of votes, the lleturning Officer, or in case of a ward divided 
 into electinal divisions the Town or City (^lerk, whether other- 
 wise qualitied or not, shall give a vote for one or more of such 
 candidates, so as to decide the election ; and, except in such 
 case, no Returning Officer or Town or City Clerk shall vole at 
 any election held by him. (x) 
 
 ID'S. The Returning Officer shall, on the day after the 
 close of the election, return the poll-book to the Clerk o'' the 
 Blunicipality from whom he received the copy of the voter's 
 list, and also his solemn declaration thereto annexed, that 
 the poll-book contains a true statement of the poll, and his 
 certificate of the persons {naming (hvm) who have been duly 
 elected, (a) 
 
 103. In case, by reason of riot or other emergency, an 
 election is not commenced on the proper day, or is interrupted 
 after being commenced and before the lawful closing thereof, 
 the Returning Officer shall hold or resume the election on the 
 following day at the hour of ten o'clock in the forenoon, and 
 continue the same from day to day if necessary, for four days. 
 
 70 
 
 IluturoiDi; 
 Offlcer to 
 declare 
 result of the 
 election. 
 
 When I 
 VI, to. 
 
 roll li.ioks to 
 be returin»d 
 t.) tlieCUirk. 
 
 Att»i>t»tion. 
 
 Kl'-i:tioii ri'it- 
 (lU'il.v liriikon 
 tip, to be 
 resumed 
 
 ft case wluTo the niistako in ninkin;^ tlie entry is bcyonil doiibt. (M.) 
 A persoii otherwi.se qnalififd to voto is not disqualified by the siniiilc 
 fact of the change of residence from one ward to another of ti»e same 
 townsliip. (If).) It has been held tliat names improperly added to the 
 assessment roll at a Court of llevision, will, in the event of a «cnuiny, 
 be struck off. (7/;.) 
 
 [ic) See note i to sec. loo. 
 
 (a;) See note m to sec. 100. 
 
 (a) The Returning Officer is, within the time limited (tlie day after 
 the close of the election), to return the poll-liook, with a solemn decla- 
 ration of the description mentioned. The coujequcnce of neglect or 
 disobudieuce is not here meutioned. 
 
80 
 
 •rilK MUNI«;iPAL MANL'AL. 
 
 until the poll has becu open without intcrruptiun ami with free 
 access to voters fur twelve hours iti nil or thereabouts, in order 
 that all the electors so intending may have had a fair oppor- 
 tunity to vote, (i) 
 
 If election in 104. 13ut ill casc thc election hag not, by the end of the 
 prerenffci fourth dav froui the day the same comtnenced or should havo 
 
 for tour uMyK, >' ,*' /-i • ^ ii ■ 
 
 j)..nbo<)Kto commenced, been so kept open tor the said twelve liours, tlie 
 
 Ind'illibw'*' Keturninj,' Officer shall not return any person as elected, but 
 
 ticition shall return his poll-book on the following day to the Head of 
 
 the Municipality, certifying the cause of then not having 
 
 been an Klcction, and a new election shall take place ; and tho 
 
 Head of the Municipality shall issue his warrant accordingly, (r) 
 
 Election of ilATORS in Cities, axd ok Mayoks, Reevks axi> Defuty 
 
 Keeves in ToWNd, 
 
 i.i,'.;tii)n of 103. 3Iayor3 of cities shall be elected by thc members of 
 Miijw.i, tijQ Council, at their first meeting in each year, (</) and Mayors^ 
 
 (6) It is iiL'cessnry that durine; tho lionrs of {)t)irmfr tlie electors slilal 
 liave fret! access to tho pollinjj place. (The Qitetu i:i: nl. Wihon v. 
 D(ivl» ft al., 8 IJ. C. L. J. \6'>.) In case, by reason of' riot or other 
 einerjxeiicv, an election is not commenced on the proper day, or is inter- 
 rupted after coinmenceinent, the election must be resumed the next day. 
 and if necessary continued from day to day for four days, till the poll 
 has been ojien without interruption and with free access to voters for 
 the time mentioned, viz., twelvu hours in all. The object, of course, 
 is, that all the electors intending to vote may, notwilhstandint; riot or 
 other emeri^eiicy, have a fair opportunity to vote. If it bo shown th;it, 
 notwithstiiniling the expiration of the four days nllmveil, there was not 
 a fair oi)iH)rtunity of votinjjj, in coiiseijuence of which votes were lost, 
 it is njiprehended a new election will be ordered. (Sec. inl.) 
 
 (f) The new election is to take place in case tho election has not 
 within four days been kept open twelve hours, and the Hettirning Offi- 
 cer has not returned any person as elected, but has cortiticd the cause 
 of the failure. If the Returning OfKcer should so far fortjet his duty 
 as to return any of the candidates elected, the election wotdd no doubt. 
 be set aside. {The Queen ex rel. Wil/sou v. Dai'is et al., ii I'. C L. J. I •!.'».) 
 Where it was sworn that intending voters for an unsuccessful candidate 
 were ob.structed in a[)proaching the polling jilaco by a crowd controlled 
 by one of the successful candidates, and neither the fact of the obst:-uc- 
 tiou nor the Cinitrol was unequivocally denied by that candidate, the 
 election was set aside. ( The Queen ex ret Gihbs et <i/. v. Braui'ihau et al., 
 3 U. C. L.J. 137) 
 
 The tendency of modern decisions is not to compel a party to pay 
 costs, unless it bo shown that he really participated in the improper 
 conduct for which thc election is set aside. {The Queen ex rcl. Wilson 
 V. Davifi, 3 (I.e. L. J. 165.) 
 
 _ {d) This, so far as the election of Mayors is concerned, is a res •''ra- 
 tion of tho old law. Before 1S58, Mayors of cities were elected b}' the 
 
THE MUNICIPAL MANUAL. 
 
 81 
 
 Keevcs iind Deputy Reeves in towns, shall be chosen by the 
 electors of such towns, at the annual election to be held on the 
 first Monday in January, unless chosen by acclamation on tho 
 day of nomination, (e) 
 
 106- Tlic qualification of a Mayor in cities shall bo the Quauucation 
 same as that of Alderman in cities, (/) and the qualification of ''•• 
 Mayor Kocve and Deputy Reeve in towns, shall be t^ie same 
 MS that of a councillor in towns. (</) 
 
 107. A. iiioctiiip of the electors shall take place for tho Timound 
 tiominatioii of ciindidatos for Mayor, Reeve and Deputy Keevo ^Ifni'/^finj.. 
 at the Town Hall, on the last Monday but one in the month 
 
 of December before the annual election, at ten of the clock iu 
 the forenoon. (A) 
 
 108. The Town Clerk shall preside at such meeting, or. The Clerk to 
 in case of his absence, the Council shall appoint a person to P'^'de. 
 preside in his place; if the clerk or the person so appointed 
 
 docs not attend, the electors present shall choose a Chairman 
 or person to ofiiciate from among themselves. (/) 
 
 nit-mbcrs of the City Council. In 18B8 a change to election by the 
 people was made. The change v/aa not found to work advantageously, 
 and hence the restoration of the law to what it was formerly. 
 
 (e\ The distinction between Mayors of cities and Mavore of towns as 
 to tne per.ions entitled to elect, is to be remarked. \Vhile in the case 
 of cities the Mayor is to be chosen by the Council, in the case of a 
 town tite Mayor is still to be chosen by the electors, and not only 
 Mayors of towns but Reeves and Deputy Reeves are to be so chosen. 
 The latter, so far as Reeves and Deputy Reeves are concerned, is new, 
 Reeves and Deputy Reeves always, till this act, having been choeea by 
 the members of Council. 
 
 (/■) i. e., freehold to $4,00C, or leasehold to $8,000. (Sec. 70.) 
 
 ((/) i. «., freehold to fSOO, or leasehold to $1,600, (Sec TO.) In 
 case there are not at least two persons in the Town qualified to be 
 elected for each seat in the Council, no qualification beyond the quali- 
 fication of nn elector is necessary. (The Qitem fx rel, Bendery, Preston, 
 7 U.C. L. .J. 100.) 
 
 (Al Sec note ff to sec. 100. 
 
 (i) The Council should provide for the absence of the Clerk, if at all 
 Apprehended or expected. Should they fail to do bo, the electors 
 l)resent may choose a chairman. Should the electors do eo, it is sub- 
 mitted tho chairman so chosen would have a right to' conduct the 
 nomination to its termination, notwithstanding the presence in the 
 mean time of the Clerk, op a person appointed oy the Council as his 
 substitute. The proceedings at the meeting, if not presided over by 
 the officer or person assigned, would in all probability be held abso- 
 lutely void. See note « to sec. 100. 
 
 6 
 
82 
 
 THE MUNICII'AL MANUAL. 
 
 1 1 
 
 Willi jiowi-rfi 
 (.1 A lUI lull- 
 ing oniiiT. 
 
 If only one 
 
 CMlllH'lt" 
 
 proi)'">!ie^ f>^' 
 
 If mere, und 
 apMlU 
 deniBn'ii^o, 
 th" i'1-otliii 
 to lx> by 
 winds. 
 
 Duration of 
 psil. 
 
 Piillboolist) 
 1)» kept, 
 
 100- Such Clerk or Chairman shall havo all the powers of 
 a Koturning Olficor. (,/) 
 
 no. If only the necessary number of qnalifuul candidates 
 bo proposed within one hour by any t-lcctor present at such 
 meetinp; for any of the said offices, the Clerk or Chairman 
 shall declare such candidates duly elected. (/.•) 
 
 Ill, If more candidates than the necessary number arc 
 proposed for any of the said offices, and if a poll is demanded, 
 the Clerk or Chairman shall, on the followiny day, post up in 
 the office of the Clerk the names of the persona proposed, and 
 give notice thereof to the Returning Officer for every ward or 
 electoral division. (/) 
 
 IIHS. In case of a contest in an election for the office of 
 Mayor, Reeve or Deputy Reeve, the Returnin<; Officer for every 
 ward or electoral division shall keep the poll open for the full 
 time required by law for taking the votes, though there may 
 be no contest for the other offices for which he holds the elec- 
 tion, (wi) 
 
 113- Every Returning Officer shall enter in his poll-book, 
 in separate columns, the names of the candidates for the office 
 of i\layor, Reeve or D.eputy Reeve, and of Councillors in 
 towns, and shall, in the column in which is entered the name 
 of a candidate for Mayor, Reeve or Deputy Reeve, or Coun- 
 cillor, voted for by any voter, set the number " I" opposite 
 the voter's name, (ji) * 
 
 (,j) See sec. 98, et seq. 
 
 (^•) See note g to sec. 100. 
 
 (/) When a poll is demanded, it is, by the section under consiilorn- 
 tion, made the duty of the Clerk or Chairman, on the followinj^ day, to 
 post up in the office of the Clerk the names of the persons proposed, 
 and to give notice thereof to the Returning Officer for every ward. It 
 is not clear whether the notice to the Returning Officer for each ward 
 must be done on the day following the demand of a poll. That the 
 notice must bo posted up on that day, is clear beyond question, and 
 .he notice should of course be given without any unnecessary delu}-. 
 
 (w) The votes, where there is a contest, as well for the office of Mayor 
 as of the other offices for which the election is held, sliould be taken 
 concurrently. It may, however, happen, either that there is no contest 
 for "the other offices," (Aldermen or Councillors,) or that the election 
 to those offii-js has taken place before the election of Mayor is closed. 
 In either event, or on any such event, the poll must be kept open to 
 receive the votes for Mayor " for the full time required by law," viz., 
 eight hours. (Sec. 101, sub-sec. 4.) The object of tiiis section is to 
 provide against any misapprehension on the subject. 
 
 («) Only one poll-book is required, and that is to contain in separate 
 
I UK MrNRll'AT, MANUAL 
 
 Cloi k to ii<l<l 
 upplMiootiK 
 nnd drclurc 
 the result. 
 
 III. Kvory llctuvninp Officer shall, on the day oftor the .And return 
 closu of tlu! |M)1I, ivturn the poll-bnok to the City or Town cier'k. " 
 Clerk, vciilicd by his solemn <lccluration. (o) 
 
 ll«¥. Tlic Town Clerk shall ndtl up the number of votes 
 set (1 iwti Inr each candidate for Mayor, Ilceve and Deputy 
 lUievo (lis tin' i-dse maj/ be), in the respective poll-books so 
 returned. shhI ascertain the apfi^regate number of such votes; 
 and ill case ;i poll has been taken, and the poll-books have 
 been rotuiiMd \\>r every ward or electoral division, the (Jlerk 
 shall, at the Town Hall, at noon of the day following the 
 return of lli'' poll-books, declare elected the candidate or can- 
 didates haviiiLC the largest number of votes polled. (;>) 
 
 110. Ill •••if^o two or more candidates for Mayor, Reeve or 
 I)opiity IJci'Vd have an equal number of votes, the Town 
 Clerk, wlutlur otherwise qualified or not, shall give a casting 
 vote for one or more of such candidates, which vote shall 
 decide the election, but except in such cases, no Town Clerk 
 shall vote at any election, (q) 
 
 117. The necessary declarations of office and qualification DeMnrat i-^ii . 
 (/•) may be lelmiiiistcrcd to the members of the Council and mnde, *'c ' 
 Mayor elect io cities and towiKS by the Clerk thereof. («) hucavf^'' 
 
 Ci\stli,~ v,i((! 
 if no ii-.a.i r. 
 Ity fur Hiiv 
 Ciiiididat* <. 
 
 colunitis tlic n.iiiies of tlie canduliitcs for the ofT'ico of Mayor, Reeve, 
 Dcimly I'lt'vc. iis well ns tlie niirncH of the e.-indulntes for tfio ottice.s of 
 Councillors in tnwns, Ac. 
 
 (o) The |iiill i)ook is not merely to be returned within the time spe- 
 cified, hut 111 lie verified by a solemn declaration. 
 
 (jt) It (l<ie~ iii)t appear to be neecssnry that a candidate, to be snc- 
 oessful. should liiivo li majority of the whole number of votes j)olle(l, 
 but to liiive '• t lie liii'ijcst nniuber of vote.? polled " that i.s polled for any 
 one caiulidiite. in the event of there bein<^ an emmlity of votes for 
 two or more eaiididatei-, the election ia to be clccided under section 116 
 of this Art. 
 
 ((/) The jiower of the Town Clerk to give a casting vote can only bo 
 exercised wiieii two or more candidates have " an equal number of 
 vote.9; " and the easting vote, whe "ven for one or more of the can- 
 didates, is '• to iltcide the election." note in to 8cc. 100. 
 
 (r) For the terms of the declaration, and before whom to be made, 
 eee sees. 17s, 170, 180. 
 
 (x) It is eiiaeted by sec. 182, that "the head and other memlin-n of 
 the Connril, tfce.. x/iall make the declaration of office and qualification 
 before some eourt. judge, recorder, police magistrate or other jmlice of 
 ihf priK-f hiiviiin- jurisdiction in the municipality," Ac. In the section 
 under eoiisidciation it is directed that " declarations of office and quali- 
 fication Hill;/ lie administered to the members of the Couucil and Mayor 
 I'lect ill cities aud towns, by the Clerk thereof." 
 
v^. 
 
 ^^.V^Oj- 
 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
 
 
 
 ^. 
 
 1.0 
 
 II I.I 
 
 11.25 
 
 I2£ 125 
 
 ■isitt 
 
 ■12 
 
 E at ■" 
 
 f IS 12.0 
 
 «luu 
 
 I' 
 
 ii 
 
 i^n 
 
 1.6 
 
 — 6" 
 
 ^ 
 
 0%» 
 
 ^ '/i 
 
 
 4>^^ 
 
 ^.v 
 
 ^ 
 
 '^ 
 
 yS 
 
 7 
 
 Photographic 
 
 Sciences 
 
 Corporation 
 
 23 WIST MAIN STRKET 
 
 WltSTIR,N.Y. 14SM 
 
 (716) •72-4503 
 

 ^if^ 
 
84 
 
 'i 
 
 THE MUNICIPAL MANUAL. 
 
 If no return 
 tijr one or 
 more wards 
 pniceodings 
 m such cane. 
 
 No other 11 Ji. No Other business shall be proceeded with at the said 
 
 ('"e dedaift- meeting until the said declarations have been administered to 
 tiiDs. all the members who present themselves to take the same, (t) 
 
 If 110 return HO. If no Tetum has been made for one or more wards, in 
 
 morT^-rds. coiisequence of no election having been held therein, or of the 
 
 election having been interrupted through riot or other cause, 
 
 the Clerk shall declare the want of return for such ward or 
 
 v-.n.'.-», 01- electoral divisions, and the cause thereof (?/) 
 
 FiJ^ ^ In case no return be made for one or more wards, in 
 consi.ju:nce of non-election, owing to interruption by riot or 
 othfc!'" cauf»8, the members of Council elect being at least a 
 maj Jiity of the whole members of the Council when full, shall 
 elect on'3 of the Aldermen elect in cities, or one of the Coun- 
 cillors elect in towns, to be Presiding Officer, (a) at which 
 election the Clerk shall preside; (b) and such officer shall take 
 the necessary declarations and possess all the powers of Mayor, 
 until a poll for such ward, wards, or electoral division or divi- 
 sions, has been held under a warrant in the manner provided 
 for in the one hundred and twenty-fifth section of this Act. (c) 
 
 121. When a poll has been duly held in each of such 
 wards, and the poll-books returned to the Clerk, the Clerk 
 shall add up the number of votes for Mayor, Reeve, Deputy 
 Reeves and Councillors, and in cities for Aldermen, therein 
 set down for the respective candidates, and ascertain the 
 aggregate number of votes for Mayor, Reeve or Deputy Reeves, 
 Councillors or Aldermen, contained in such last-mentioned 
 poll-books, together with the votes contained in the poll-books 
 previously returned for the other wards, and shall, at noon on 
 
 When Poll 
 completed, 
 Oldrk to add 
 up votes and 
 declare re- 
 r.ult; when 
 imd where. 
 
 (<) It is apprehended that before electing a Mayor, when that elec- 
 tion, under sec. 105, devolvea upon the Council, the members ought to 
 take the necessary declarations. Such an election would, it is believed, 
 be deemed *' business" within the meaning of tliis section. What is 
 meant by " the said meeting," is now left in some obscurity. The old 
 law, corresponding vv^ith the preceding section, provided that declara- 
 tions of office should be made at the first meeting. The first meeting 
 is probably still intended. 
 
 (?«) The declaration of the Clerk as to the want uf return for one or 
 more wards, is to be followed by the action of the Council described 
 in the next succeedinjr section. 
 
 (a) Shall elect one, <fec., of course having previously taken the neces- 
 sary declarations of qualification and of office. See note t to sec. 118. 
 
 (6) See note I to sec. 100. 
 
 (c) This section is designed to ensure a return from every ward, 
 before the right to the office of Mayor is finally determined. 
 
THE MUNICIPAL MANUAL. 
 
 85 
 
 the next day, at the Town Hall, declare elected Mayor, Reeve 
 or Deputy Reeve (ns the case may he), the candidate having 
 the greuccst number of votes pol'-jd j and in cities, whenever 
 the return has been made under such warrant, and the Alder- 
 man or Aldermen so elected has or have been qualified as such, 
 the election of Mayor of such city shall be proceeded with at 
 the next meeting of the Council, in the same manner as is 
 provided by the one hundred and fifth section of this Act. (d) 
 
 133. The person or persons so elected shall forthwith 
 make the necessary declaration of ofiice and assume the same 
 accordingly. (^') 
 
 DuTiBS OF Mayors. 
 
 123. The Mayor shall be deemed the Head of the Council, 
 and the Head and Chief Executive Officer of the Corporation ; 
 and it shall be his duty to be vigilant and active at all times 
 in cau.siiig the law f.r the Government of the City or Town 
 to be duly executed and put in force ; to inspect the conduct 
 of all subordinate Officers in the Government thereof, and as 
 far as may be in his power, to cause all negligence, carelessness 
 and positive violation of duty to be duly prosecuted and pun- 
 ished, and to communicate fiom time to time to the Council, 
 all such information, and reconunend such measures as may 
 tend to the improvement of the finances, the police, health, 
 security, cleanliness, comfort and ornament of the City or 
 Town. (/) 
 
 Election of 
 mayor in 
 cities. 
 
 DeciAration 
 and agsnmp- 
 tion of office. 
 
 Mayor to le 
 tlio Head of 
 tlie Oou'icil ; 
 Ilia duties. 
 
 (rf) Th(^ candidnte to be declared elected is the one having "the 
 greatest inii-bcr of votes polled," i. e., not a majority of the whole 
 number of votes polled, but the greatest number of votes polled for 
 any one candidnte compared with the number of votes polled for other 
 candidates. 
 
 (e) See sec. 117 and notes. 
 
 (/) Thi.s soctio:! defines the position of Mayor and then defines his 
 duties. 
 
 His ]K)sition is " the Head of the Council" and " the Head and Chief 
 E.\ec'utivo Officer of the Corporation." 
 
 His duties are as follows : — 
 
 1. To be vigilant and active at all times in causing the law for the 
 Government of tiie City or Town to be duly e.vecuted and put in force. 
 
 2. To inspect tlie conduct of all subordinate officers in the govern- 
 ment thereof. 
 
 3. To cause as far as may be in his power, all negligence, careless- 
 ness nnd positive violation of duty, to be duly prosecuted and punished. 
 
 4. To communicate from time to time to the Council, all such inform- 
 ation and recommend such means as may tend to the improvement 
 of the finances, tliO police, health, security, cleanliness, comfort and 
 ornament of the City or Town. 
 
80 
 
 THE MUNICIPAL MANUAL, 
 
 Seats vacated 
 by crime, 
 insolvency, 
 
 .".bsi'Dce, &c. 
 
 Election when Seats Vacated, &c. 
 
 134.. In case a member of council be convicted of felony 
 or infamous crime, or be declared a bankrupt, or bo cbarged 
 in execution for debt, and remains in close custody, or upon 
 the {^aol limits for one month, or applies for relief as an insol- 
 vent debtor, or assigns his property for the benefit of creditors, 
 or in case a nulla bona has been returned against him, or he 
 absents himself from the meetings of the council for three 
 months without being authorized by a resolution of the council 
 entered on its minutes, his seat in the council shall thereby 
 become vacant, (ff) 
 
 No remedy can he had by action against tlio Mayor wlio is the head 
 of the corporation, for not sealing a bail, in the absence of a binding 
 contract on the corporation equivalent to a remedy on the contract 
 against the corporation, had it been duly made. (Fair v. Moore, 3 U. C. 
 C. 1*. 484.) It is to be presumed that a Mayor refusin;:; to seal or sign 
 a public document was intending to act honestly in tlie discharge of 
 his duty, and so he would be entitled to notice of action and the other 
 protections extended to public officers by Con. Stat. U. C, cap. 120. 
 \Moran v. Palmer, 13 U. 0. C. P. 4.50 ; s. c. lb. 528.) 
 
 A bill will lie in equity by some of the inhabitants of a Miinicipalit}' 
 alleging an illegal misapplication of its funds by the Major. {Pater- 
 son V. Bowes, 4 Grant, 170.) The Attorney General is not a necessary 
 party to such a suit. (11.) "Where the Mayor of a eit_y secretly con- 
 tracted to purchase at a discount a large number of the debentures of 
 the city, which it was expected would be issued under a contemplated 
 bj'-lawof the City Council, and was afterwards himself an active party 
 in procuring and giving effect to the bj-law subsequently passed, he 
 was held to be a trustee for the City of the profit derived from the 
 transaction. [The City of Toronto v. Bowen, 4 Grant, 4 0, adirmed in 
 Appeal, 6 Grant, 1, and afterwards affirmed by the Privy Council.) 
 
 ( (/) The contingencies which will have the effect of vacating a seat 
 in the Council are eigiit in number, as follows : — 
 
 1. Being convicted of felony or infamous crime. 
 
 2. Being declared a bankrupt. 
 
 3. Being charged i" execution for debt. 
 
 4. Remaining in close custody or upon the gaol limits for one 
 month. 
 
 5. Applying for relief as an insolvent debtor. 
 
 6. Assigning property for the benefit of creditors. 
 
 T. Nulla bona being returned to an execution against him. 
 
 8. Absence from the meetings of the Council for three months with- 
 out being authorized bj- a losolution of the Council entered on tho 
 minutes. 
 
 Death is not mentioned among the contingencies, but as to it the 
 necessary consequence is vacation of oflScc. Scesecs. 12.5, loo.and 151. 
 
 AVliere the office becotnes vacant through any other contingency 
 than death, and the person whose seat is vacant insisted on holding 
 it, the proper remedy a^-ainst him is qno warranto procedure and not 
 a writ of mandamus on the Mayor to hold a new election. ( The Queen 
 v. T/ie Mayor oft/ie Town of Cornwall, 25 U. C. Q. B. 2V)3.) 
 
THE MUNICIPAL MANUAL. 
 
 87 
 
 13.5. In any case provided for by the one hundred and Jj^^y'";^. 
 twentieth or one hundred and twenty-fourth sections, (h) or ded 'for"*' 
 in case a person elected to a council neglects or refuses lo 
 accept oiOBce, or to make the necessary declarations for office 
 within the time required, (t) or in case a vacancy occurs in 
 the Council caused by death, judicial decision or otherwise, (./) 
 the Head of the Council for the time being, or in case of his 
 absence, or of his oflSce being vacant, the Clerk, or in case of 
 the like absence or vacancy in the office of the Clerk, one of 
 the members of the Council (k) shall forthwith, (J) by warrant 
 under the signature of such Head, Clerk or Member, and 
 under the corporate seal, require the Returning Officer ap- 
 pointed to hold the last election for the municipality, ward 
 and electoral division respectively, or any other person duly 
 appointed to that office, to hold a new election to fill the place 
 of the person neglecting or refusing as aforesaid, or to fill the 
 vacancy, (m) 
 
 ISO. The person thereupon elected shall hold his seat for Term of 
 the residue of the terra for which his predecessor was deeded "*"'*• 
 or for which the offi'* ; is to be filled, (n) 
 
 137- In case such non-election, neglect or refusal as aibre- xon election 
 said, occurs previous to the organization of the Council for lot tTpte-" 
 
 (A) That is, in case a new ward election is required under sec. 1 20, 
 or a seat has been vacated under sec. 124. 
 
 (i) i e., on the day appointed for the first meeting of the Council, 
 see sees. 117, 118. 
 
 (j) Or otherwise — The object is to provide for every state of circum- 
 stances that may render a new election necessary. It is a question 
 how far this section and sec. 150 are reconcilable. 
 
 [k) The order must be observed. First, the head ; if no head, tiicn 
 the Clerk ; if neither head nor Clerk, then one of the members of the 
 Council. See note e to sec. 100. 
 
 {I) Where a thing is directed to be done by a Statute " forthwiUi 
 it means within a reasonable time. (^Vw Queen v. Justices of Worcesti; 
 7 Dowl. P. C 78D.) The word "immediately" is more strictly con- 
 strued. ( The King v. Justices of Huntingdonshire, 6 D. c& R. 588. Tlie 
 Queen v. Aston, 1 L. M, & P. 491.) 
 
 (m) The person to be appointed is the person who was appointed to 
 liold the last past election, unless some other has been appointed by 
 the Council to hold casual elections, or to hold the particular elect: 'n. 
 It does not appear to be left to the discretion of the Head, Clerk or 
 member, who issues the warrant to nominate the Returning Officer. 
 Tlie warrant is to be under the signature of the person issuing it, and 
 to be uuder the seal of the Corporation. 
 
 («) i. (?., shall hold his seat subject to the contingencies mentioned 
 jn sec. 124. 
 
 % 
 
ss 
 
 THE MUNICIPAL MANUAL. 
 
 vent orgRni- 
 zntion of 
 Council. 
 
 Time for 
 holding and 
 notion of new 
 election. 
 
 Appoint- 
 
 incUt if eleo- 
 ♦Ion neglec- 
 ted or da- 
 elined. 
 
 the year, the warrant for the new election shall bo issued by 
 the ilefid or a member of the Council for the previous yeir, 
 or by the Clerk in like manner as provided for by thp one 
 hundred and twenty-fifth section, bu* such neglect or refusal 
 ehiill not interfere with the immediate organization of the new 
 Council, provided a majority are present of the full number of 
 the Council, (o) 
 
 1^8. The Returning Officer shall hold the new election at 
 furthest within eight days after receiving the warrant, and 
 shall, at least four days before the election, post up a public 
 notice thereof under his hand in at least four of the most jiublic 
 places in the municipality, ward or electoral division. ( //) 
 
 ArroiNTME5TS, IF Election neoi ted, 
 1S9. In case at any annual or other election, the electors, 
 from any cause not provided for by the one hundred and third 
 and one hundred and fourth sections, (jq) neglect or decline to 
 elect the members of Council for a municipality on the day 
 appointed, or to elect the requisite number of members, (r) the 
 
 (o) Five Councillors were elected in January. At their first meet- 
 ing, on 17th January, only one made the declaration of qualification, 
 and a doubt having been raised as to the remaining four, in consequence 
 of some employment held by them under the Corporation, they delayed 
 in order to consult the County Judge. On i.he 19th January they met 
 again and organized themselves, but on tlie same day the Reeve for 
 the previous year issued his warrant to elect four other Councillors 
 who were returned, and on the 31st January these four with tlie man 
 who had first qualified, met and claimed to be the Council. BelJ, that 
 the second election was invalid, for the parties first elected not having 
 rcfiised to qualify, but only delayed, and having done so within the 
 twenty days allowed, there was no ground for a new election. (In re 
 Corporation of Towmhip of Aspfiodel atid Sargant ct al., 17 U. C Q. B. 
 503.) A mandamus was therefore ordered to the Clerk to deliver up 
 tlie papers to the Council first chosen (fb.) 
 
 {]>) The new election is to be held at furthest " within eight days" 
 after receipt of warrant; and it is the duty of the lleturning OfHcyr, 
 " at least four days" before the election, to poat up a public notice as 
 directed, Where a thing is to be done within a certain number of day;j, 
 the lirst and last days are generally inclusive (Jiidout v. Orr, '2 U. 0. 
 Pr.ic. U i^.-^l; S. (1,4 IT. C. L.J. 87; M^r^ v. Grm<J Trvtik lioihrm/ 
 C')., 2 U. C. Prac. R. 227 ; S. C, 4 U. C. L. J. 20; Cameron v. Cameron, 
 2 TJ. C. Prac. R. 269 ; S. C, 4 IT. C. L. j' 114); and where a thing is to 
 be done " at least " a certain number of days " before," the day of the 
 thing done and that of the event should both be excluded. ( 7'he Queen v. 
 Jmiicrs of Shropshire, 8 A, & E. 173; Mitchelly. Foster, 9 Dowl. P.C. 527.) 
 
 ((j) Which provides for the failure of an election by reason of a riot 
 or other emergency. 
 
 (»•) The power to proceed under this section maybe exercised, first, 
 in case the electors neglect or decline to elect the necessary members 
 
Ti 
 
 THE MUNICIPAL MANUAL, 
 
 other members of the Council, or if there are none, then the 
 members for the preccdins; year, or the majority of them, 
 respectively, shall appoint as many qualified persons as will 
 constitute or complete the number of members reouisite; (s) 
 
 89 
 
 on tho day appointed for the election, and, secondly, in case they neglect 
 or decline to elect the requisite number of members. 
 
 (s) There is a difference between an election and an n])poiutraent. 
 {The Queen ex rel. Beaty v. CDonof/huc etal., 3 U. C. L. J. 75 ; see also ' 
 sec. 182 of this Act.) An tlrdion, whether by the electors at large or 
 by the members of the Council, is by vote, and usually consists in the 
 choice of the members of tho Council by the electors of tiie municipnlitj', 
 or of the head of the Council by the members of the Council elect ; both 
 of which proceedings are in general essential to the organization of the 
 Council. (Note s to sec. 127.) An appointment is, jjroperly speaking, 
 an act of the Coimcil after it has been organized. Thus: the Clerk and 
 other oflicers are appointed, not elected, by the Council. (See sec. 1 52.) 
 The section under consid jration speaks of appointments, not of elections. 
 It therefore becoi les material to consider precisely under what circum- 
 stances tiie pow^r of appointment under the section can be exercised. 
 If there be an entire failure to elect members on the day fixed for the 
 purpose, the power to ujjpoint would of course devolve on the Council 
 of tiie preceding year, which, having been duly organized, continues 
 in office until superseded by the organization of a new Council. But if 
 the failure to elect be only partieU, that is to say, if the failure be to 
 elect the requisite number of members, there is more difficulty in inter- 
 preting the meaning of the Legislature, as expressed in this section. 
 In such an event, it is declared that " the other members of tiie Council, 
 or if there be none, then the members for the preced.ing year, or tlie 
 majority of them respectively, shall appoint," Ac. Does the word 
 " majority " refer to the new or incomplete Council, or does it refer 
 only to the old and complete Council? If it refers to thi former as 
 well as the latter, does it do so under all circumstances " Is there any 
 diflFerence in this respect between a majority and a quui urn ? Is it 
 necessarj' that there should be such a majority as constitutes a quorum ? 
 Tiiere is much room for argument, and the editor cannot do more, in 
 the absence of decided cases, than express his individual conviction. 
 It requir !8 a majority of the whole number of members of a Council to 
 form a quorum. (Sec. 142.) The decision of the question turns more 
 or less on the word " majority." As applied to the old Council, it 
 undoubtedly implies a majority of the whole number of members. If 
 applicable to tho new Council, the question is, whi^ther it means a 
 majority of the full members of that Council also, or only a majority 
 of those elected, thongii less than a majority of the whole : in other 
 words, whether the expression, " or if there are none" means none at 
 all, or none competent to organize as a Council. Less than a majority 
 of the whole number of members renuisite could not, it is apprehended, 
 organize. But even on the word " requisite," as used in tho section, 
 the same question presents itself in another form. Does it mean requi- 
 site to complete the full number of tlie Council, or only requisite to 
 complete a sufficient number to enable them to organize ? If, when 
 tlie Council is incomplete, the members elect, no matter how few or how 
 many, could appoint the remainder, and if, from any cause, a majority 
 
¥ 
 
 90 
 
 TUE MUNICIPAL MANUAL. 
 
 aud the persons so appointed shall accept office and make the 
 necessary dcclaratious under the same penalty in case of refusal 
 or neglect, as if elected. (<) 
 
 Contested Elections. 
 
 Trial of con- |30- In casc the right of any Municipality to a Reeve or 
 
 uonBorHght Deputy Keeve or lleeves, or in case the validity of the election 
 
 to fleet. or appointment of Mayor, Warden or Reeve or Deputy Reeve, 
 
 Alderman, Councillor or Police Trustee, is contested (a) the 
 
 same may be tried in term or vacation by a Judge of either 
 
 of the Superior Courts of Common Law, or the senior or 
 
 officiating Judge of the County Court of the County in which 
 
 the election or appointment took place ; {b) and when the 
 
 of the whole Council only were chosen, it would devolve upon the 
 minority to appoint the majority — a thing which, it is submitted, the 
 Legislature never contemplated. Were this the case, in the city of 
 Toronto for instance, with a Council ordinarily, under the new law, of 
 eighteen members, if from any cause returns should be made by one 
 ward only, the three aldermen chosen for that ward would have it in 
 their power to appoint the remaining fifteen members of the Council, 
 This would be absurd, and dangerous to municipal government. It is 
 upon the whole submitted, but not without some doubt, that to enable 
 a new but incomplete Council to appoint under this section, there must 
 be elected at least a majority of the whole number necessary to enable 
 the Council to organize ; and that if there be not that number, or if 
 there be none, it devolves upon the Council of the preceding year to 
 appoint all (or the number deficient) of their successors. 
 
 (<) See sec. 1*78, et aeq. 
 
 («) 'l'wo matters are stated as subjects that may be contested. 
 
 1. llie rhfht of a Municipality to a Reeve or Deputy Reeve or 
 Reeves, which must depend on the number of freeholders and house- 
 holders on the last revised assessment roll. (Sec. 66, sub-sccs. 3,<fec.) 
 
 2. The validity of the election or appointment of Mayor, Warden or 
 Reeve or Deputy Reeve, Alderman, Councillor or Police Trustee. 
 
 Until the passing of the Municipal Institutions Act. Con. Stnt. U. C, 
 cap. 54, tlie only mode bj'^ which the right of a Municipality to a 
 Reeve or Deputy Reeve could be contested was an information in the 
 nature of a quo toorranto. {The Queen exrel. Hart v. Lindsay, 18 U. C. 
 Q. B. 51.) Not until the passing of that Act was there any power 
 in a summary manner tc determine the validity of an appointment. 
 (The Queen ex rel. JBeaty v. O'Bonofffme, 3 U. C. L. J. 75.) 
 
 (b) Before the summary mode of trial of contested elections pre- 
 scribed by the Municipal Act, the only remedy was the tedious and 
 expensive one of information in tlie nature of a quo ivarmnto, aud the 
 cases where the provisions of the Municipal Act is inapplicable, that 
 remedy must still be adopted. ( The Queen ex rel. Davy & Boqart, 2 
 U. C. i'rac. R. 18 ; The Queen ex rel. Hart v. Lindsay, 18 U. C' Q. B. 
 51 ) Where an information in the nature of a quo warranto is asked 
 for on behalf of an individual it must, if allowed, be exhibited in the 
 name of the master of the Crown office. {Jl>.) The summary mode 
 
TIIE MUNICIPAL MANUAL. 
 
 01 
 
 right of a Mmiicipulity to n Reeve or Deputy Reeve or Reeves 
 is the matter contested, any Alunicipiil elector '.:■. the County 
 may be the relator, and when the contest U rcspeetinir the 
 validity of any such election or appointment as aforcsnid, any 
 candidate at the election, or any elector who ji.-.vc or tendered 
 his vote thereat, may be the relator for the purpose, (r) 
 
 pvescpibcd by tlic Municipal Act is, so far as appl cable, intended as a 
 substitute for tho proceeding by quo wnrranio information. (The 
 Qnccn ex rcl. Wliite v. Jioach, 18 U. C. Q. B. 220.) The fj;eneral prac- 
 tice is as much as possible to confine i-urties ai;;j;i'ieve(l (o the relief 
 to be obtained under the statute. {lit re Kelly and Macarow, 14 U. C. 
 a P. 457.) 
 
 (e) Tho relator is the person upon whose application the jurisdiction 
 of the Judyc is put in motion. It is to be observed that when the 
 right of a municipality to a Reeve or Deputy Reeve or 1' levcs is the 
 matter of contest atii/ Municipal elector in the Connfi/ may be the rela- 
 tor, and when the contest is respecting the validity of anj' such election 
 or appointment aforesaid " any candidate at tho election, or any elector 
 who gave or tendered his vote at the election," may be a relator. The 
 right to be a relator is, as regards the last mentioned sidyect of contest, 
 thus confined to two classes; first, candidates ; second, electors ; and 
 the right of the latter is restricted to such electors as either voted or 
 tendered their votes at the election. It is not enougli for him tosliow 
 that he " jirotested and voted" against theiierson elected, {The Qnccn 
 ex. rcl. Wh'ita V. Roach, 18 IT. C. Q. H. 220.) The interest of the relator 
 is not established by tlie ordering of the writ. ( The Qinru c.r rcl. 
 Shiar V. Miichii::ic, 2 U. C. C'liam. R. 3(1.) It is presumed that if tho 
 election of aheiyl of a corporation, not being a mayor of a city or 
 town, be (juestioned, any member of the council who eitlu^r voted or 
 tendered liis vote for such head, would be an " elector" within the 
 meaning of tlie section. 
 
 It is not necessary that a relator who was a candidate should show in 
 his nfjplication to oust the successful candidate that he hiiiiself is 
 qualified to accept office. {The Queen ex rcl. Mitchell v. Ailaiihs, 1 IT. (.'. 
 Cham. R. 2o,3.) An electoi- who himself has been instrumental in 
 electing a candidate, will not in general be allowed afterwards to com- 
 plain of the election of that candidate. {'J'he Queen cx rcl. Loi/all v. 
 Poidon, 2 IJ. C. Prac. Rep. 1 8 ; The Qnccn ex rcl. liimhus^h v. Parker, 
 2 U. C. C. P.15 ; In re Kelt,/ awl Macaroic, 14 U. C. C. P. 457 ; The Queen 
 ex rcl. Grai/Kon v. Bell, 1 U. C. L. J. N. S. 130.) Upon similar principles 
 it has been held that a councillor wlio is instrumental in the election 
 of a particuhir person as Reeve or Deputy Reeve, cannot afterwards 
 be allowed to move against the person so elected Reeve or Deputy 
 R'jcve. ( The Queen ex rcl. Jionebuah v. Parker, 2 U. C. C. P. 15.) It 
 is not desirable that the Clerks of Municipal Corporations having the 
 custody of the papers of the Corporation should be relators in quo 
 ■warranto proceedings to unseat members of the Councils of wiiich they 
 are Clexks. ( The Queen ex rcl. Mc^[nllen v. De Linle, 8 U. C. L. J. 
 201.) All tho Judges, whether of Superior or County Court, named 
 in this section, possess concurrent and co-ordinate jurisdiction. But 
 where a judge of the Su))erior Court was of opinion against a sitting 
 member, he declined to withhold liis judgment, upon the ground that 
 
n 
 
 92 
 
 Time tor 
 
 litllitHlJ, 1111(1 
 
 security 
 ailil pini>t' 
 
 TlIK MUNICIPAL MANUAL. 
 
 PlfOCKKDINfiS KQFv THE TkIAL TlIKUKOl'. 
 
 131- Tlio pmiiL-eiliiijis far the trial shall bo as follows : 
 
 1. If within ^•ix WL'uks after the elcciion, or one month after 
 acceptance of otHci! by the person elected, {d) tho relator (e) 
 shown by atHtlavit (/) to any such judifo, (//) reasonable 
 j!;rouiid.s for suppu-siiis; 'lat the election was not le^jal, or was 
 not coiulucted nccordiuj^ to law, or that the pernon declared 
 elected thereat was not duly elected, (/tj and if the relator 
 
 tliero wns a prior ri'liition at the instance of a di (To rout relator npiainst 
 same clefenJiiiit for samo cause, pending before a (^'oiinty Court .Indite, 
 wliicli relation it was sworn was collusive and intended to jjrotcet t'le 
 defendant in tiie enjovniont of ofRco contrary to law. {JVic Queen ex 
 ret. McLean v. Wo /.son, 1 U. C. L. J. N. S. 71.) 
 
 ((/) Tlie first point for consideration is the time witliin wliieli tli3 
 application is to l)e made, that is, " within six weeks after the eleetion, 
 or one calendar month after the acceptance of otlice by the person 
 elected." In the computation of the six weeks, the day of the election 
 is to b(! excluded. So it would appear that six weeks at all events is 
 allowed, to impeaeii tiie election, although the ofHce may have been 
 ft(:cef)ted more tiian'a calendar month. If the application bo not made 
 within the sis weeks, the test is then whether the oiVici', has been 
 accepted more tiian one calendar month. { The Qncm ex re!, lioschunh 
 V. Parker, 2 IJ. <\ C. P. IS.) The application must not only be innde 
 within tiie time limited, but be made as the iiractiee directs. ( The 
 Queen ex re'. I'vlfer v. Allan, 1 U. C. Prac. R. 214.) Tiierel'ore, wiiere 
 there was no written motion paper, as required bv llul(! No. 1, and the 
 statement was not signed, as required by Rule No. ;j, the application 
 failed {Il>., see Appendix) ; and if the time limited bo allowed to elapse 
 without an afpru^atioti, the relator will not be allowed to file an infor- 
 mation in the nature of a <^ao warranto. {Reg. ex rel. White v. Roaeh, 
 18U.C. Q. IJ. 220.) 
 
 (e) Relator. See note e to sec. 1 30. 
 
 {/) There should be at least tv»'>> affidavits: Ihe one of the relator, 
 to the effect that he believes ti'o grounds mentioned in the statement 
 to be well founded; the other an attidavitof the relator or other [)'rson, 
 setting forth fully and in detail the facts and cii-euiMstuMCcs which sup- 
 port the ai)plication. (Rule No. 2.) But thougli the iitlidavit of the 
 relator may be sutlicient to obtain the writ, the rclatir is an inco!iii)e- 
 tent witness to establish the case at the trial, and thercI'Dre other evi- 
 dence .is required. [The Queen ex ret. ('arroU v. Jlrl.-ieiih, 1 1^. (;. I'rac. 
 R. 278.) It seems, though it has not been expressly decidi'd, that the 
 attorney of the relator may act as a connnissioner i'or taking the affida- 
 vits. (The Queen ex ret. Jitaisdell v. Rochester. 12 IJ. C. Q. tJ. (j;50.) 
 
 f (/) i. e., either a Judge of the Superior Courts of (v>mmon law, or the 
 senior or officiating .Judge of the County Court of (he; eounty in which 
 the election or apiunntment tuoTf. place. (See. loO.) 
 
 (/t) The grounds of the application are here specified, viz., either 
 that the eleetion was not legal, or was not conducted according to law, 
 or that the person declared elected was not duly elected. In one sense 
 
I 
 
 THE MirXICIPAT- 5IANUAL. 
 
 rntcra info a rooofinizMtice, (t) before the Judge, or before a 
 (Uiiniiiissioner lor taking bail, in the sum of two hundred 
 tlollars, with two sureties (to be allowed aa suflBcient by the 
 
 93 
 
 the first brnnoh of the clnuao involves the second, and the second the 
 third. If tlio elections have not been conducted according to law, the 
 election would not bo lejjal, and the person declared elected could not 
 in all i)robnl)ility be " duly elected." But the converse of the rule will 
 not hold. The election may have been conducted according to law, 
 and yet the person dechired elected not have been duly elected, as 
 wiiere he is not qnidified to be elected. 
 
 The following; may bo the form of the stntemont: 
 
 IN THE QUKEN's DKNCII (oT COMMON ri.KAS). 
 
 The statement and relation of , of . who complaining that 
 
 -, of (here inserting the namef and additions of all, if more than 
 
 one person), hath {or have) not been duly elected, and hath {or have) 
 
 unjustly usurped and still doth (or do) usurp the office of , in the 
 
 Town of (or Township of , as the case may be), in the County 
 
 (or United Counties) of , under the pretence of an election held on 
 
 , at , in the said County (or United Counties). [And (when it 
 
 it is claimed that the relator, or the relator and another, or others, ought to 
 have been returned), that {here name tJie party or parties so entitled) was 
 {or were) duly elected thereto, and ought to have been returned at such 
 election], and declaring that he the said relator hath an interest in the 
 
 said election as a , states and shows the following causes why the 
 
 election of the said to the said office should be declared invalid 
 
 and void. [And (w/te» so claimed) the said {naming the party or 
 
 parties) be duly elected thereto]. 
 
 First — That (for example) the said election was not conducted 
 according to law in this, that, &c. 
 
 Second— Th&i the said was not duly or legally elected or returned 
 
 in this, that, &c. 
 
 Third— That, Ac. 
 
 Signed by the relator in person, or by C. D, his attorney. 
 
 Note. — Whero the intention of the relator Is to impeach the election as altogether 
 void, in which event, an the offlce cannot be claimeit for any other or others, the por- 
 tion of the above abd succeeding forms relating tberMo should be omitted. 
 
 (j) The following may be the form of the recognizance : 
 
 IN THE queen's bench {or COMMON PLEAS). 
 
 UrPKR Canada, County (or United Counties of ). Be it remem- 
 bered, that on the day of , in the year of our Lord one thou- 
 sand eight hundred and , before me , of , Chief Justice 
 
 {or a Justice, or a Commissioner for taking bail) in Her Majesty's Court 
 
 of Queen's Bench {or Common Pleas) for Upper Canada, rometh , 
 
 of , of , and , of , and acknowledge themselves seve- 
 rally and respectively to owe to , of {here inserting the name 
 
 or names of the person whose election is complained Against), as follows, 
 
 that is to say, the said the sum of two hundred dollars, and the 
 
 said and the sum of one hundred dollars each, upon condi- 
 tion that if the said do prosecute with efff;ct the writ of summons 
 
 in the nature of quo warranto to be issued oi an order of fiat to be 
 made at the instance and upon the relation ot the said -— , against 
 
'.)i 
 
 ritK MUNiniPAL mantaL. 
 
 Writofvw 
 
 Juiljic I'poii 'tffiduvit of justification), (,/) in tlic >^uin of one 
 hundred dullars Diicii, conditioned to prusccuto tho writ with 
 eflPect or to pay tho party against whoiu the sumo is brought 
 any costs which in.iy bo adjudjiod to him ajiainst the relator, 
 the Judgo siiall direct a writ of isunimons in thn nature of a 
 *juo ivarrdidu to bo issued to try the uiatters contof;tetl ; {/c) 
 
 the said , to sliow by what niithoritj' he (or thoy) tlie snid ■ 
 
 chiiiiis {or c'liiim) to ho {here state the q(/iec so clniincd) nml wliy lie {or 
 
 tiiey) tlu! siiid sltoiild not be removed tlicrefroin, [iiiid (where m 
 
 vlamicd lii/ the relator) wliy he tho said rehitor {or the piiity or parties 
 entitled) should not bo deehired duly elected, and be aihilitted to liie 
 
 snid otlice I ; and if the said do pay to tlio said uU sueli conts 
 
 as the said Court of {or the Judjje presiding in ('iiaiubers, at tlie 
 
 City of roi'oiito, in tlie County of York, or the Judge of tlie County 
 
 Court of the C'oiuuy of ) shall direct in that behalf, tlien thid 
 
 recognizance to be void, otherwise to remain in full force. 
 Taken and aoknowludged tiio day and year first above mentioned, 
 
 I3efore me 
 
 {j) The following may be the form of affidavit of justification : 
 
 IN" T!IE QUEKN's BENCH {or COMMON l>!.K.\s). 
 
 I, A. B., of, etc., one of the sureties in tho recogni/.anco hereto 
 annexed, make oath and say as follows : 
 
 1. That I am a freeholder {or householder, as the vnxp. wi'/ l>e), resid- 
 ing at, Ac. 
 
 2. That I am worth property to tho amount of one hundred dollar.^ 
 over and above what will pay oil my just debts (//' hai/ in any other 
 action, (iifd "and every other sum for which I am now bail"). 
 
 0. That I am not bail in any other action or proceeding {or, except 
 for E. F., at the suit of G. H., in the Court of, Ac, in the sum of <te.) 
 
 And 1, C. ])., of, itc, tho remaining surety in the recognizance 
 hereto unnexed, make oath and say as follows: 
 
 1. That I am a freeholder, Ac. (as before.) 
 
 Tho above named deponents, A. B. and C. D., were severallj' ^ . ^ 
 
 sworn before me, at, &c., in the County of, ifee., this > p" j^ 
 
 (lay of , A.D. 18— . ) ^- ^ " 
 
 A Commissioner, d;c. 
 
 {k) The following may be the form of the Judge's fiat; 
 
 I\ TIIK queen's bench (oV COMMON I'LEAS). 
 
 Upon reading the statement of , of , in the County of , 
 
 complaining of the undue election and usurpation of the office of , 
 
 by , [and {if so, stating) that the said {relator or other person 
 
 7iamed) was {or were; duly elected, and ought to have been returned to 
 the said otfice], and upon reading the affidavits filed in support of tlie 
 said statement ; and also upon reading the recognizance of the said 
 , and sureties therein named, and the same being allowed as sutK- 
 cient; I do order that a writ of summons do issue, calling upon the 
 
 said {the party whose election is complained of ) to show by what 
 
 authority he {or they) the said {the party whose election is complained 
 
 of) now ex( rMses or enjoys {or exercise and enjoy) the said office, [and 
 
THE MUNICIPAt MANUAL. 
 
 95 
 
 2. In case tho relator alleges that ho himself or somo other J^,^*^^'*»» 
 person has been duly elected, the writ shall be to try tho ri»i,n«tobe 
 
 why {if so claimed) ho (or they) the snid sliould not bo rumovcd 
 
 therefrom, mid the said {relator or other person or fiersous named) 
 
 should not bo declared duly elected, ana bo admitted there i/l, reiurn- 
 able before, «fec. 
 Dated this - 
 
 ■ day of , 18—. 
 
 The following may bo tho form of writ : 
 
 UPPER CANADA. 
 
 Vii loui/ by the Grace of God, «fec. 
 
 To , of , «feo., in tho County {or United Coiintiu) of ■ 
 
 We 
 
 and appe 
 
 command you {and each of you) that you {and each of you) be 
 ar before tho Chief Justice or other Justice of our Court of 
 Quoen^s Bench or Common Pleas for Upper Canada, presiding in Cham- 
 bers, at the Judges' Chambers in our City of Toronto, on the eighth 
 day after the day on which you shall bo served witli this writ, then 
 and there to answer and show to such Chief Justice or Justice by what 
 
 authority you claim to use, exercise or enjoy the office of , which 
 
 office, upon tlio relation of -, having as he says an interest in the 
 
 election to tho said office as a , we are informed that you have 
 
 usurped and do still usurp [and that {if so claimed) the said {rela- 
 tor or party or parties mentioned) was {or wore) and should have been 
 declared duly elected and admitted thereto], and further to do and 
 receive all those things which our said Chief Justice or Justice shall 
 thereupon order concerning the premises. 
 
 Witness, the Honorable , Chief Justice of our said Court of • 
 
 {or other Justice ?"« whose name the writ is tested), at Toronto, this ■ 
 
 day of , 18 — , and in the year of our reign. 
 
 To the writ must be attached a copy of the relator's statement of 
 objections and grounds, and of the names and additions of the persons 
 who shall have made the affidavits upon which the writ issued. 
 (Rule 103.) 
 
 The notice may be in the following form : , 
 
 IN THE queen's BENCH {or COUMON FLEAs), 
 
 The Queen, upon the relation of — , against . 
 
 To and , named in the within {or annexed) writ of summons. 
 
 The within {or annexed) writ of summons has been issued at my 
 instance and relation ; and a statement concerning the premises, whereof 
 a copy is hereunto annexed, is filed in the office of the Clerk of the Crown 
 in this Court {or with the Clerk in Chambers at the city of Toronto), 
 together with affidavits supporting the same ; and the names and addi- 
 tions of the deponents to the said affidavits aro hereunder written. And 
 yoH are served with the said writ of summons to the intent that you do 
 appear and answer, as herein commanded, or otherwise judgment will 
 be given against you by your default, and your election to the therein 
 mentioned office will be declared invalid, and you will be removed 
 
96 
 
 THE MUNICIPAL MANDAL. 
 
 ■When seye- 
 rnl are com- 
 plained of. 
 
 All to be 
 tried by the 
 eame Jadge. 
 
 validity both of the election complained of and the alleged 
 election of the relator or other person ; (I) 
 
 3. In case the grounds of objection apply equally to two or 
 more persons elected, the relator may proceed by one writ 
 against such persons ; (m) 
 
 4. Where more writs than one are brought to try the vali- 
 dity of an election, or the right to a Iveeve or Deputy Reeve 
 or Reeves as aforesaid, all such writs shall be made returnable 
 before the Judge who is to try the first, and such Judge may 
 give one judgment upon all, or a separate judgment upon 
 each one or more of them, as he thinks fit; (n) 
 
 therefrom [nnd the said (the relator, or , the party or parties, 
 
 if any, alleged to be entitled) therein named be declared duly elected, 
 
 and will be admitted thereto in your place]. 
 
 A. B. in person, 
 
 or by 
 C, D, his Attorney. 
 
 The above mentioned deponents are : 
 
 {I) It seeras to be well understood that before a Judge will entertain 
 an application, nol merely to make void the election of the party com- 
 plained against, but to declare the relator or some other person elected 
 in his stead, it must be shown, to the satisfaction of the Judge, that 
 notice had been given of the disqaalitication of the successful candidate 
 at such a time and in such a manner as must have made the electors 
 aware that if they voted for that candidate their votes would be thrown 
 away. {The Quem ex rel. Clarke v. McMullen, 9 U. C. Q. B. 467.) 
 
 (m) It has been held that a private relator has no right by a writ of 
 summons, in the natnre of a quo warranto, either to attack the Town- 
 ship Council by name upon grounds which, if mentioned, must neces- 
 sarily lead to a dissolution of the body, or to attack the whole Council 
 in one proceeding, through the individual names of every member of it. 
 {The Quem ex rel. Lawrence v. Woodruff, 8 U. C. Q. B. 336.) 
 
 (h) At an election there may be several candidates ; so there may 
 be several persons elected to office. One person may see fit to contest 
 the election of any successful candidate ; so another person may see fit 
 to contest the election of another of the successful candidates. Each 
 relator complying with this statute, may have his own separate and 
 independent writ. In this way there may be several writs brought to 
 try in fact the validity of the same election. When such is the case, 
 all the writs are to be made retnrnable before the Judge who is to try 
 the first. One object is obviotn, and that h, to preserve uniformity of 
 decision. Where the first relation is collusive, and merely intended to 
 ' protect the defendant in the enjoyment of office, it may be disregarded. 
 {The Q»«en ex rel McLean v. Wattm, 1 U. C. L. J. N. ^.11.) 
 
THE MUNICIPAL MANUAL. 
 
 97 
 
 5. The writ shall bo issued by the Clerk of the Process of ,Y/^*' ^„^° ^o 
 the .said Superior Courts, or by the Deputy Clerk of the Crown i.e\urn''dHy 
 in the County in which the election took place, (o) and shall thereof, 
 bo retuMuible before the Judge in Chambers of the Superior 
 Court at Toronto, nr before the Judge of the County Court at 
 a place named in the writ, (p) upon the eighth day after ser- 
 vice, computed exclusively of the day of service, or upon any 
 later day named in the writ; (5) 
 
 (o) If not tested on the diiy it was issued, it would bo irregular. 
 (The Qmrn ex reh Lin/on v. Jackson, 2 U. C. Cham. 11. 18.) But the 
 irreiiuliirity may be waived hj' appearance. (76.) Where the pro- 
 cceilinus were irrenular, and relator notified defendant not to appear, 
 it was lield tiiat tlio same relator was not precluded from making a 
 second applicatiija. (77/e Queen ex rel. Metcalfe v. Smart, 10 U. C. 
 Q. B. 8l». ) 
 
 (//) Althonsh a County Court Judge may grant a fiat for the writ, it 
 is always to be issued out of one of the superior courts. It is suggested 
 that the Hat should stale befoi-e what Judge the writ is to be returna- 
 ble, it has been lield that a County Court Judge may order the writ 
 to is-^ue roturnablo before a Judge of a superior court. {The Queen ex 
 rel, Lntz v. WiU'Mmnoa, 1 II. C. IVac. R. 94.) In such case it is the 
 (lutv of tlie relator to see that the proper jjapers are transmitted to 
 Toronto. (7/^) 
 
 ('/) Tims, a writ SL-rvod on Monday of one week would be return- 
 able on Tuesdaj'of the ensuing wx'ck, "or upon any later day named 
 in the writ." 
 
 The following may be the form of affidavit of service: ' 
 
 IN TUE (JUI'.En's bench (o>* COJiMON PLEAs). , 
 
 The Qi'KEN, on the relation of , against , 
 
 , of , in the , maketh oath and saith, that he did, on 
 
 the day of , personally serve the above named defendant {or 
 
 defendants) with the annexed writ of summons, by delivering to him 
 {or eaeli of them) a true copy thereof, on which said copy was endorsed 
 a written notice, a copy wiiereof is hereto annexed, and to which said 
 copy {or copies respectively) of the said writ was annexed a written copy 
 of a statement of the above named relator, a copy of which said copy 
 cf statement is also hereunto annexed : and the deponent further saith, 
 tliat the minute {or mimites) of the said service, written on the said 
 writ of summons, was (or were) so written by this deponent within 
 twentj'-four hours after such service. 
 
 Sworn i\[, , in the County of — — , this daj- of , 18 — . 
 
 » ■* Before me . 
 
 Upon the return of tlie writ, the party or parties summoned may 
 appear either in jxn'son or by attorney. (Rule No. 4, Appendix.) The 
 manner of appearance is by endors' f on the back of the I'elator's 
 statement, attached to the motion papers, the words, ' The within 
 named ('. D. appears in person {or by attornei/, as the case may be) to 
 ?nswer the grounds of ol-jeetiou to his election which are within 
 stated." (//).) If on iho reiurn no appearance be entered, the Judge 
 
98 
 
 ITHE MUNICIPAL MANUAL. 
 
 tU-turniog 
 t.)fflcer may 
 tie made a 
 Iiiirty. 
 
 6. The Judge before whom the writ is made returnable, or 
 is returned, may, if he thinks proper, order the issr.e of a wiit 
 of summons at any stage of the proceedings to make I lie 
 Returning Officer a party thereto j (r) 
 
 i-ervicotohe 7. ETCty Writ Under this section shall be served person- 
 j»jr9onai,un jjj|y^ ^^-j uulcss the party to be served keeps out of the way to 
 bjjmigo. avoid personal service j in which case the Judge, upon being 
 
 sitting in Chambers may before rising on that day direct an entry to 
 be made on tlie back of the statement, as follows : " The within named 
 C. D. ^and E. F.) being duly summoned, hath (or have) not appeared 
 to answer the matters within objected." (RuleNo. 6, Appendix.) Ttiis 
 entry, if nut made on the day directed, may be made on a subsequent 
 day. \lh.) The Judge may thereupon, on tliat or anj' subsequent day, 
 proceed to hear and determine the matter. (Rule No. 7, Appendix!) 
 
 (r) " Is made returnable, or is returned." This expression appears 
 to be used in order that a writ " returnable " on the face of it before a 
 Judge named therein, may be " returned " to and acted upon by any 
 Judge presiding in Chambers, or the Jadge presiding in the County 
 Court for the time being, according as the Judge mentioned in the writ 
 belongs to a superior or an inferior court. 
 
 The writ to make a Returning Officer a party may be in the follow- 
 ing form : 
 
 ITPPER CANADA. 
 
 Victoria, by the Grace of God, Ac. 
 
 Whereas, upon the relation of , in our Court of Queen's Bench 
 
 (or Common Pleas), — — , it hath been ordered that a writ of summons 
 
 should issue , to show by what authority he (or they) claims or 
 
 exercises {pr claim or exBrcise) the office of ; and whereas it 
 
 appears to our Justices of our Court of Queen's Bench {or Common 
 Pleas), before whom the said writ hath been made returnable {or as the 
 case may be), that you were the Returning Officer by whom the said 
 
 hath (or have) been returned as duly elected to the said office, 
 
 and that it is proper you should be made a party to the proceeding 
 aforesaid : These are therefore to summon you to be and appear before 
 the Chief Justice or other Justice of our Court of Queen's Bench {or 
 Common Pleas) for Upper Canada, presiding in Chambers, at the Judges' 
 
 Chamber?, in our City of Toronto, on , tlieu and there to answer 
 
 such matters and things as shall then and there be objected against 
 you, and further to do and receive all those things which said Court 
 or said Justice shall thereupon order concerning you in the premises. 
 
 Witness, Ac. 
 
 This writ must be served, with»tl)j£[^ike papers annexed, and the ser- 
 vice thereof proved in like manner .as is provided for other writs of 
 summons. (Rule 6, Appendix.) The appearance and subsequent pro- 
 c«edit>g8 must also be the same, {lb.) 
 
 (s) "Personal service" of a writ has never been defined by the 
 Legislature. Each case is left' to depend on its own particular circum- 
 stances. The Courts have not held it necessary to put process into 
 the actual corporeal possesBion of the defendant, to constitute personal 
 
I 
 
 THE MDNIOIPAL MANUAL. 
 
 99 
 
 satisfied thereof, by affidavit or otherwise, may make an order 
 for such substitutional service as be thinks fitj (<) 
 
 8. The Judge before whom the writ is returned, may allow The Judge 
 any person entitled to be a relator to intervene and defec », SSons*to 
 and may grant a reasonable time for the purpose j and any intervene, 
 intervening party shall be liable or entitled to costs, like any 
 
 other party to the proceedings j (u) 
 
 9, The Judge shall, in a summary manner, upon statement Judge »hRii 
 and answer, without formal pleadings, hear and determine the ri^,"*""™*" 
 validity of the election, or the right to a Beeve or Deputy 
 
 Reeve or Reeves, and may by order cause the assessment rolls, 
 Collectors' rolls, poll-books and any other records of the elec- 
 tion to be, brought before him, and may inquire into the facts 
 on affidavit or affirmation, or by oral testimony, or by issues 
 framed by him and sent to be tried by jury by writ of trial 
 directed to any Court named by the Judge, or by one or more 
 of these means, as he deems expedient; (v) 
 
 service, but have looked more to the object of the service — timely 
 notice to defendant of intended legal proceedings against him. (Har. 
 C. L. P. A., note / to sec. 84, p. IS.) In general a copy of the wnt 
 should be left witli defendant, and the original shown to him if he 
 desire to see it. Goggs v. Huntingtawer, per Alderson, B., 1 D. (6 L. 69d. ) 
 The copy of the writ mast be left with, and not merely shown to defen- 
 dant. ( Worley v. Glmier, 2 Str. 877 Though defendant refuse to 
 take the copy, if the person serving v bring it away with him, the 
 service will be defective. {Pigeon v. Bruce, 8 TaxaA. 410.) Where the 
 copy was thrust through the crevice of a door to defendant, who had 
 locked himself in, the service was held to be snfScient. {8mi^ v. Wintle, 
 Barnes, 405.) Service upoi; s. wife, agent or servant, is not personal 
 service. (Frith v. Donegal, % DowL P. C. 627 ; Daviea v. Morgan, 2 
 C. <fc J. 237 ; Goggs v. Huntingtower, 1 D. ib L. 699 ; Ckriatmas v. Eieke, 
 6 D. <fe L. 166.) 
 
 (<) Personal service can only be dispensed with und^r the circum- 
 stances here mentioned. {The Qticen ex rel. Amott v. Marehant, 2 U.C. 
 Cham. R. 167.) 
 
 (m) No elector unless one who has voted or tendered his vote at the 
 election, can be a relator. See note e to sec. 130. A relator is not 
 necessarily bound to prove his interest unless denied. {The Queen ex 
 rel. Bartliffe v. O' Redly, 8 U.C. Q. B. 617.) 
 
 {v) The duty and the powers of the Judge are here mentioned. 
 The duty is, in a summary manner, upon statement and answer, 
 without formal pleadings, to hear and determine, dec. 
 
 The powers are : 
 
 1. To cause the assessment rolls, collectors' rolls, poll-boobs, and 
 any other records of the election, to be brought before him. 
 
100 
 
 THE MUNICIPAL MANUAL. 
 
 And removo 
 admit (ir 
 coctirui. 
 
 10. In case the election complained of be adjudged in- 
 
 2. To inquire into tho facts, '..• . 
 
 , 0)1 affidavit or affirmation, , • ^ , 
 
 Or bj' oral testimony, 
 • Or by issues framed and sent to be tried by jmy, 
 
 Or by one or more of these means, as he may deem expedient. 
 
 Tlie following may be the form of writ of trial : 
 [L.S.] VicToniA, by the grace of God, of the United Kingdom of 
 Great Britain and Ireland, Qneen, Defender of the faith. 
 
 To the Judge of the County Court of the County of 
 
 Greeting : 
 
 Whoreas, upon the trial of the validity of an election of , chosen 
 
 upon the day of , to be for the Township of , (or 
 
 as the case may be) in the County of , and which election hath 
 
 been complained of by E. F., as the relator, alleging (an the cme mnir 
 be) that he himself, or that ho and C. D., &c., or that C. D„ <fec., was 
 or wore duly elected, and ought to have been returned, it hath become 
 material to ascertain whether (here stating concisely the issues to be tried) 
 
 and whereas it is desired by , our Chief Justice (or Justice) of our 
 
 Court of Queen's IJench [or Common nens) before whom the same is 
 pending, that the truth of such matters as aforesaid may be found by 
 a jury: We do, therefore, pursuant to the statute in such case made 
 aiid provided, command you, that by twelve good and lawful men of 
 the County of , who are in nowise akin to the said E. F., the rela- 
 tor in the said case, or to the said (tlie other party or parties, namivff 
 him or them,) and who shall be sworn truly to try the truth of the 
 snid matters, you do proceed to try the same accordingly ; and when 
 the jury shall have given their verdict on the matters aforesaid, we 
 command you that you do forthwith make known to our said Chief 
 Justice [or Justice) what shall have been done by virtue of this writ, 
 with tlie finding of the jury hereon indorsed. 
 
 Witness, the llonorable , Chief Justice {or Justice) of our said 
 
 Court at Toronto, this day of , in the — — year of our reign. 
 
 The following may be the form of indorsement of verdict thereon : 
 
 I hereby certify that on the day of , before me, L. M., 
 
 Judge of the County Co .rt of the County {or United Counties) of , 
 
 came as well the within named relator as the within named {the other 
 pfrty or parties) by their attorneys {or as the case may be) and the 
 jurors of the jury, by me duly summoned as within commanded, also 
 fiune, and being sworn to try the matters within mentioned on their 
 oiitli, said that, &c. 
 
 Tlie relator is not allowed at the hearing to object to the election of 
 the party or parties complained against, or to support the election or 
 elections of the person or persons alleged to have been duly elected 
 on any ground not specified in the statement on which the sununons 
 was moved. (Kule 9, Appendix.) Still the Judge may, if he see fit. 
 entertain upon his own view of the case any substantial ground of 
 objection to or in support of the validity of the election of either or 
 any of the parties wliich may appear in tlie evidence before him. (Jb.) 
 'When tlie party or parties summoned has or have appeared, no more 
 formal answer neod be made by him or them to the relators case than 
 by affidavits filed in answer. (Rule No. 10, Appendix.) But the 
 
in- 
 
 TIIE MUNICIPAL MANUAL. 
 
 valid, (to) the Judge shall forthwith, by writ, cause the person 
 
 Jiuljjfc mny in his discretion require from either or any of the parties 
 further affidavits or the production of any such evidence as the law 
 allows. (i6.) None of the proceedings had in any case for tryiniij 
 the validity of an election, or which foUow the determination thereof, 
 are to be set aside or held void on account of any irregularity or de- 
 fect, which shall not in the opinion of the judge before wliom the 
 objection is made, bo deemed such as to interfere with the just trial 
 and adjudication of the case upon the merits. (Rule No. 18, Appendix.) 
 Contempts in disolieying writs of summons, certiorari, maridamns or 
 otiier process, rule or order of court or of any judge thereof, actinjj in 
 the execution ef the powers conferred by this Act, are to be certified 
 into the court from which the writ of summons issued, to be dealt 
 with like other contempts of of such court in other oases. (Rule No. 
 1 6, Appendix.) The forms given may be changed when necessary, at 
 the discretion of the Judge who tries or determines the case, to adapt 
 the same to such particular case, (Rule No. 17, Appendix.) 
 
 It has been held that a Judge of a County Court cannot, in deter- 
 mining the validity of a contested election, incidentally decide against 
 the validity of a Township By-law. {The Queen ex rel. McLauuht'm v. 
 Hicks, 5 U. C. L. J. 89.) 
 
 {w) The following may bo the form of the judgment : 
 
 In the Queen's Bench {or Common Pleas) the Queen on the relation 
 
 of against {and " A. B. Returning Oflicer made a party by 
 
 the order of a Judge.") 
 
 Be it remembered, that on the r. day of , in the year of 
 
 our Lord one thousand eiglit hundred and 
 Cliambers in the City of Toronto, before me. 
 
 101 
 
 , at the 
 Chii.'f Justice (o) 
 
 Judges' 
 
 Justices) of Her Majesty's Court of Queen's Bench {or Common Phas) 
 
 came as well the above named relator by his attornej' as the 
 
 above named by his {or their) attorney and service of the 
 
 writ of summons hereunto annexed, having been duly proved upon 
 affidavit and upon the said day and upon other days tlioreafter at the 
 Chambers aforesaid, having heard and read the statement and proofs 
 of the said relator, touching and concerning the usurpation by him 
 
 alleged against the said of the office of in the said writ of 
 
 summons mentioned (and of the alleged misconduct of said A. B. as 
 Returning Officer at the said election) [and {if so) the election of 
 {the party or parties named) thereto], and the answers and proofs of 
 
 the said , and having heard the said parties by their counsel {or 
 
 as thc^ case may be), and upon due consideration of all and singular the 
 premises now, that is to say, this day of , in the year afore- 
 said, I do adjudge and determine : 
 
 First— That the said relator had, at the time of his making his 
 
 aforesaid complaint, an interest in the election to the said office of 
 
 as a . 
 
 Second — That, Ac. 
 
 Third— That, &c. 
 
 Fourth— That the said hath {or have) usurped, and doth (or do) 
 
 .still usurp the said office, and that he {or they) be removed therefrom 
 [or that the election of to the said office was void, and tliat lie 
 
102 
 
 THE MUNICIPAL MANUAL. 
 
 found not to have been duly elected to be removed, and in 
 case the Judge determines that any other person was duly 
 elected, the Judge shall forthwith order a writ to issue caus- 
 
 (or they) be removed therefrom (as the jttdgment may he)]. And tlmt 
 the said relator [or the said {naming the party or parties whose election 
 i$ affirmed, when he or they are adjttdged to be entitled to the said office)] 
 was {or were) duly elected thereto, and ousht to have been returned, 
 and is {or are) entitled in law to be received into, and to use, exercise 
 and enjoy the said office. 
 
 And I do adjudge and determine that the said ^— do not in any 
 manner concern himself {or themselvea) in or about the said office, l)ut 
 that he {or they) be absolutely forejudged and excluded from furt her 
 using or exercising the same, under pretence of the said election [and 
 further, that the said {nami7iff the relator or party whose elect m is 
 affirmed) be {or be respectively) admitted to the said office in I .s (or 
 their) place (or places.)] 
 
 And I do further order, adjudge and determine, that the sold relator 
 
 do recover against the said his costs and charges by him in and 
 
 about the said relation and the prosecution thereof expended, to be 
 taxed in the said Court. 
 
 All which the said writ of summons, and the said judgment, and tlie 
 
 statements, answers and proofs of the said relator and of the said , 
 
 and all other things had before me touching the same, I do hereby 
 certify and deliver into the said Court, there to remain of record as n 
 judgment of said Court, according to the form of the statute in such 
 case made and provided. £. F., /. 
 
 The following may be the conclusion of a judgment for the defendant, 
 to follow the word affidavit, in the foregoing form : 
 
 Thereupon now at this day, that is to say, on the day of 
 
 aforesaid, at the Judges' Chambers, at Toronto aforesaid, all and 
 singular the relation and proofs of the said relator, and the answers 
 and proofs of the said — being seen and fully understood, I do oa- 
 
 sider and adjudge that the said office of so claimed by bi.i> {i. ■■- 
 
 them) the said be allowed and adjudged to him (or tliem), ♦'. •• 
 
 the said be dismissed and discharged of and from the pieiri-it's 
 
 above charged upon him {or them) and also that he (or thej') the ni 
 
 do recover against the said relator his (or their) costs bj' ii 
 
 {or them respectively) laid out and expended in defending himself (or 
 themselves) in this behalf. All which, «fcc., (as in the judgment for 
 the relator.) 
 
 The following may be added if costs allowed and taxed. 
 
 " Afterwards that is to say, on the day of , in the 
 
 year of the reign of our Lady the Queen, cometh, the said , and 
 
 prayeth that his (or their) said costs, so as aforesaid adjudged to him 
 {or them), be taxed and assessed according to the form of the statute 
 
 in such case made and provided, and the said costs of the said , 
 
 in and about his (or their) prosecution (or defence) aforesaid, and 
 
 {when the Returning Officer is a party) of the said , in and about 
 
 his defence aforesaid, so as aforesaid adjudged to him {or them), are 
 now here accordingly taxed and assessed as follows, that is to any, 
 the costs of the said at the sum of [and the costs of the said 
 
 Ul 
 
THE MUNICIPAL MANUAL. 
 
 103 
 
 ing such other person to be admitted ; (x) and in case the 
 Judge determines that no other person was duly elected 
 instead of the person removed, the Judge shall by the writ 
 cause a new election to be held j (y) 
 
 11. In case the election of all the members of a Council be ifaiithe 
 adjudged invalid, the writ for their removal and for the elec- ^X^"c., 
 tion of new members in their place, or for the admission of Y'*f"^'' 
 others adjudged legally elected, and an election to fill up the to thesiieriff. 
 remaining seats in the Council, shall be directed to the Sheriff 
 
 (when Returnincf Officer entitled thereto) at the sum of ,] and 
 
 the said , in mercy, Ac." 
 
 (x) The following may be the form of writ for removal, «kc. 
 
 VicToniA, Ac. 
 
 To tlie Corporation of (the town, township, or city of.) 
 
 Whereas on the day of in the year of our Lord one thou- 
 sand eigiit hundred and at the Judges' Chambers in tlie City of 
 
 Toronto, before Cliief Justice (or one of the Justices) of our Court 
 
 of Queen's Bench (or Common Pleas) for Upper Canada, it was by the 
 
 said Chief Justice (or Justice) adjudged and determined that of 
 
 had usurped, and did then usurp, the office of [and that 
 
 was (or were) duly elected thereto, and ought to have been re- 
 turned, and was (or were) entitled in law to be received into, und to 
 use, exercise and enjoy the said office,] all which has, by the said 
 Chief Justice (or Justice) been duly certified into our Court of Queen's 
 Bench (or Common Pleas), pursuant to the statute in that behalf. Now, 
 we being willing that speedy justice be done in this behalf, as it is 
 reasonable, command that the said (the person or persons, naming him 
 or them, whose election has been declared invalid) do not in any man- 
 ner concern himself (or themselres) in or about the said office, but 
 that he (or they) be absolutely forejudged, removed and excluded from 
 further using or exercising the same, under pretence of his (or their) 
 election thereto.* [And we do further command that the said (the 
 person or persons, naming him or them, who has or had been adjudged 
 lawfully elected) be forthwith admitted, received and sworn into the 
 said office, to use, exercise and enjoy the same.] And we do hereby 
 command you and every of you to obey, observe, and do all and every 
 act, matter and thing that may be necessary, on the part of you or any 
 of you in the premises, according to the purport, true intent and mean- 
 ing of tliese presents, and of the statutes in that behalf, and that you 
 make known to our Court of Queen's Bench (or Common Pleas) at 
 Toronto, on the day of how this writ shall have been executed. 
 
 Witness, Ac. 
 
 (y) The following may be the form of the writ for new election : 
 
 Victoria, Ac. 
 
 To the .Corporation of and to any returning officer or other 
 
 ' person or persons to whom it shall of right belong to do any act neces- 
 sary to be done, touching the election hereinafter commanded to be 
 held: 
 
104 THE MUNicri'Ai- manual. 
 
 of the County in which the electiou look place; (a;) and tho 
 Sheriff shall have all the powers for causing tho election to be 
 
 Wheri'ns {as in the last prerahnt to Ihc anicrisk. 0)iiiUin(j the part 
 (iclvieen limc/ufs, and then proceed as follows;) iinJ wo tlo fiii-tlior 
 command tluit you, tho said Municipal Corporation, niul any returning- 
 officer or other person or persons, or such of you to whom the same 
 sliall of rifflit belong, do, pursuant to and according to the stntutc in 
 that behalf, cause an elec'.ion to be ns speedily held as shall be lawful, 
 for the election of a person (or persons) in tho place or stead of tho 
 
 said who has (or have) been removed as aforesaid; and that you, 
 
 or sucli of you to whom the same dotli of right belong, do administer 
 to the person [or persons) who shall be so elected, tho oath (or oatlis) 
 if any, in tiint behalf by law directed ; and timt you admit, or cause 
 to be admitted, such person [or persons) so elected into the said office, 
 and tliat 3-ou, the said Municipal Corporation, do show how this writ 
 shall liavp been executed to our Court of Queen's Bench {or Common 
 rifus), at Toronto, on the day of . 
 
 Witness, ttc. 
 
 («) Tlie following may be tho form of writ in such case: 
 
 Victoria, Ac. 
 
 To the Siieritf of the County {or United Counties) of , Greeting : 
 
 "Whereas [llic same as in the first precedent of a mandamus (p. 103 ), to the 
 end of the words " adjudged and determined" then say) that the elec- 
 tion {or elections) of all the members of the Municipal Corporation of 
 
 , retunu'd as elected at tho election {or elections) of members of 
 
 tho said corporation held {describin>/ the time or times and place or 
 places of sneh election (or elections) was {or were) Invalid or void ia 
 law, and that {namini/ them all) had usurped {proceedinff as in the 
 ' first preealc'if, adopting the plural f>nn, to the asterisk, and then <is 
 follows:) nnd we do hereby further command j'on, the said sheriff, 
 that you do, pursuant to the statute in that behalf, admit and return 
 and swear into, or cause the said {naming the jxrson adjudgid to have 
 been dnli/ elected) to be forthwith admitted or returned, and sworn 
 into the said office, to use, exercise, and enjoy the same, and that you 
 do and perform, or cause to be done and performed, all and every act 
 or acts, tiling or things necessary to be done and performed in the 
 premises : and we hereby command and strictly enjoin all and every 
 person or persons to whom the same shall lawfullj* belong, to be aid- 
 ing and assisting you, and to do all and every lawful and necessary 
 act to be done by him or them in tho premises, according to the pur- 
 port, true intent and meaning of these presents, and of the otatutes in 
 that behalf; and how j'ou shall have executed this writ make known 
 to our Court of Queen's Bench or Common Pleas, at Toronto, on the 
 day of next, and have then there this writ. 
 
 Witness, &c. 
 
 A writ requiring a new election may be in the following form ; 
 
 Victoria, &c. 
 
 To the sheriff, Ac. (as in (he first precedent (p. 103) to the asterisk, 
 omlttlin/ the jiart between the brackets, and adopting ihc plural form, then 
 concluding as follows :) and that you do every act necessary to be 
 done by j-ou in order to the due election and admission of members of 
 
 r 
 
TIIK MUNICirAL MANUAL. 
 
 105 
 
 held which n Municipal Council has in order to suppl}/ vacan- 
 cies therein ; («) 
 
 12. Any person whose election is complainod of may, within »';f«n''»J}*,,^ 
 one week after service on him of the writ, (i) transmit post 
 paid, through the Post Office, directed "To the Clerk of the J'-t''P«>- 
 Judges' Chambers, at Osgoodc Ilall, Toronto," or to " Ihe 
 Judge of the County Court," of the County *'^ -—- ("^ 
 the case may he) or may cause to be delivered to such Clerk 
 or Judge, a disclaiuier signed by him, to the effect follow- 
 ing : (c) . : . V -■< ■ -'-'^^ ■, • • ' 
 
 " I, A. B., upon whom a writ of summons, in the nature oi Form of dw- 
 "a Quo Warranto, has been served for the purpose of con- """*''• '"• 
 " testing my right to the office of Township Councillor, (or as 
 
 <' t/ic cane may he.) for the Township of , in the County 
 
 uyf ^ (jj'r as the case man he,) do hereby disclaim the 
 
 " said office, and all defence of any right I may have to the 
 "same. 
 
 " Dated the 
 
 day of 
 
 (Signed,) 
 
 A. 13. 
 
 tlie saiil corporation, in tlie place aiitl stead of tlie persons wlioso elec- 
 tions linvo been so declare.! invalid ; and wo hereby coiiiiiiaiul, and 
 strictly enjoin all and every person and persons {vontimuiig w.s in the 
 laxt precnlent to the end.) 
 Witness, &e. 
 
 (a) Sections 94 & 125 of this act, taken together, sliow that the Sheriff 
 is to appoint a Returning OHicer when an old Council has been super- 
 seded by a new one. VVhere the members of the new Council have 
 been ejected there can be no longer any councillors in })ossession of 
 the ofHce. The object therefore of this clause is to enable the Sheriff 
 to take the steps necessary to the election or admission of new members 
 with a view to the re-organization of the Council. 
 
 (I,) The writ is to be generally made returnable .on the eighth day 
 after service, computed exclusively of the day of service (sub-sec. .5, of 
 sec. 131) ; and the design of this clause is, that the disclaimer, if any, 
 should be filed before the writ is returned. 
 
 (e) When the writ has been issued by direction of a Judge of one 
 of the Superior Courts and is returnable before a Judge of any such 
 Court, the disclaimer should be addressed, " To the Clerk of Judge's 
 Chambers, at Osgoode Hall, Toronto," or if returnalble before the 
 Judge of the County Court, then to " The Judge of the County Court 
 of the County of, <fec." In either case, the disclaimer so addressed 
 may, if preferred, be mailed or else be delivered to the proper Judge 
 or Clerk. If mailed, the envelope must on the outside be endorsed 
 with the word " Dischumer." The letter must also be registered in 
 the office where mailed. (Sub-sec. I'S.) 
 
106 
 
 THE MUNICIPAL MANUAL. 
 
 KiiKlHtr.v of 
 (llnflniitier. 
 
 Duplicate 
 (liHcUimor to 
 lie dellvereJ 
 to Clerk. 
 
 Cofts proTl- 
 (1»(1 fur. 
 
 18. Such diHoIaimcr, or the envelope containing tlie same, 
 ahull moreover be endorsed on the outside thereof, with the 
 word " Disclaimer" and be registered at the Post OflSce where 
 mailed j (d) 
 
 14. Every person so disclaiming shall deliver a duplicate oC 
 hi.s Discliiiiiicr to the Clerk of the Council, and the Clerk shall 
 furthwitli communicate the same to the Council ; (e) 
 
 15. No co.sts shall be awarded against any oerson disclaiiu- 
 iiig as afoi'tisaid, unless the Judge is satisfied that such party 
 con.sented to his nomination as a candidate or accepted the 
 office, in which cases the costs shall be in the discretion of the 
 Judge ;(/) 
 
 {(l) Two things are here made requisite: 
 
 1. That the disclniiner or envelope containing the same be endorsed 
 
 oil the outside thereof witli the word " disclainior." 
 
 2. Tiiat it be registered at the post-office where mailed. 
 
 (e) Tliis is to apprise the Council that the party no longer claims n 
 sput tlieruin. It is made the duty of the Clerk " forthwith" to com- 
 municate, (Sec, as to which see note I to sec. 125. 
 
 (/) The rule is, that the costs of a contested election are in tlie dis- 
 cretion of tlie Judge. (Sub-sec. 10.) The exception is, where a regu- 
 lar disclaimer is made within the time limited for the purpose, in which 
 case no costs are to be awarded against the party who disclaims. If, 
 however, the Judge be satisfied that the party "consented to his 
 nomination as a candidate, or accepted the office," the case comes 
 within the rule, and not the exception. Where defendant before this 
 Act personally contested the election, but on its being moved against 
 sent in a disclaimer praying to be relieved from costs, oecause, having 
 been duly elected, he was obliged, under a penalty, to occept office, 
 the learned Judge in Chambers refused to relieve him of costs. ( The 
 Queen ex rel. Featheratone v. McMonies, 2 U. C. Cham. R. 137.) If the 
 disclaimer be filed too late, clearly costs are in the discretion of the 
 Judge. {The Queen ex rel. Hawke v. Hull, lb. 182.) On the 4th March 
 tlie relator obtained a summons to contest defendant's election, and 
 the writ and statement were served on that day. On the 9th, defen- 
 dant sent a written disclaimer to the Judge in C!:;;mbers, which was 
 received on the 1 0th, and on the 13th the relator's affidavit was filed 
 stating that defendant had consented to his own nomination, and had 
 taken his seat, <Jrc. No proof of the grounds taken in the statement 
 were ever filed, and the case was then allowed to drop. On the 27th 
 April the rolator filed a further affidavit stating that after the disclaimer 
 the Reeve had ordered a new election, at which he, the relator, was 
 duly elected, but that the defendant persisted in retaining his seat, con- 
 tending that it had not become vacant by his disclaimer. Sir J. B. 
 Robinson, under these circumstances, refused to give judgment, as if 
 the matter were still pending on the summons, there being no proof of 
 any of the objections taken, but held that the disclaimer could not nul- 
 lify the election, as the parties seemed to have supposed ; and that if 
 
same, 
 
 th the 
 
 where 
 
 THE MUNICIPAL MANUAL. 
 
 107 
 
 
 IG. In nil cases, not otherwise provided for, costa shall be Whon (ii«er*- 
 in the discretion of the Judge ; (//) *'"*'''■ 
 
 17. Whore there has been a contest'w-d Election, the porson person 
 elected may at any time after the elfction, and before his di^.Irim"«7 
 election is complained of, deliver to the clerk of the Munici- J"? "I"? 
 pality a disclaimer signed by him as follows ; (fi) 
 
 the Council should support the relator in his seat, the defendnnt or 
 some ont else must move against his election on the ground tlint it was 
 illegally ordered. ( 77j« Queen ex rel. IVecman v. Jonei, 1 U. C. Prnc. R. 
 SOB.) I'he Judge, who wns in Chambers at the return of the summons, 
 might perhaps enter on adjournment to a certain day, ond call for i)roofs 
 AS to the first election, and give judgment, (lb.) 
 
 ig) The Judge has a discretion to withhold costs altogether from 
 eitlier side, if he see fit {The Quee7i ex rel. Swan v. Rowat, 13 U. C. 
 Q. B. 340), or to distribute the costs, that is, to order each party to 
 pay his own costli. {The Queen ex rel. Gordanier v. Perry ; Chambers ; 
 llagarty, J. ; 3 U. C. L. J. 90.) Where it was sworn that intending 
 voters for an unsuccessful candidate were obstructed in the approach 
 to the polling place by a crowd under the control of one of the success- 
 ful candidates, and neither the fact of the obstruction nor the control 
 was unequivocally denied by that candidate, the election as to him was 
 set aside with costs. {The Queen ex rel. Gibb$ v. Branighan, 3 U. C. 
 L. J. 127.) The tendency of modern decisions is not to make a party 
 pay costs unless it be shown that he himself participated in the impro- 
 per conduct for which the election is set aside. {The Queen ex rel. Davis 
 V. Wilnon et al., 3 U. C. L. J. 166.) But relators are not to be discou- 
 raged from bringing cases of invalid elections under notice of a Judge 
 at the peril of having to lose the costs necessarily incurred. ( The Queen 
 ex rel, Jiollo v. Beara, 1 U. C. L. J., N. S., 126 ; see also The Queen ex 
 rel. Charles v. Leaia, 2 U. C. Cham. R. Ill; The Queen ex rel. Hawke 
 V. Hall, 2 U. C. Cham. R. 187 ; The Queen ex rel. Dillon v. McNeil, 5 
 U. C. C. P. 137.) In one case a learned Judge refused to make a rela- 
 tor pay costs, though unsuccessful, where it was shown he had acted 
 in good faith in bringing forward his complaint. ( The Queen ex rel. 
 Crosier v. Taylor, 6 U. C. L. J. 60.) So where a Returning Officer, 
 made a party to the proceedings, was shown to have acted in good 
 faith, though illegally, costs were not imposed on him. (Tfie Queen ex 
 rel. Coiipland v. Webster, 6 U. C. L. J. 89.) Where the Returning Offi- 
 cer was acquitted of blame, and relator's statement was shown not to 
 be strictly correct, the latter was ordered to pay costs to the former. 
 {The Queen ex rel. Hawke v. Hall, 2 U. C. Cham. R. 182.) The Master 
 on taxing costs to the successful party, should consider whether or not 
 the successful party produced an unnecessary number of affidavits, or 
 affidavits unnecessarily diffuse, and act accordingly. ( The Queen ex 
 rel. Walker v. Hall, 6 U. C. L. J. 188.) A by-law to pay the costs of a 
 contested election is illegal, and will be quashed with costs. {In re 
 Bell and the Municipality of the Township of Manvers, 2 U. C. C, P. 507 ; 
 S, C, 3 U. C. C. P. 400.) A municipality cannot legally support such 
 a contest, or indemnify one of the parties to a contest of the kind, {lb.) 
 As to table of taxable costs, see Appendix. 
 
 {h) Disclaimers provided for by this section are of two kinds : 
 
108 
 
 l'lllll|llllt0Cli 
 
 of. 
 
 IMii'l.iliner to 
 oiifriili' iiH 
 riiNlgu.iUdii. 
 
 .IiiiIko to 
 rvlurii liifi 
 jii>l);niiMit to 
 lliH t'liiirt ill 
 tiMiii; It Khull 
 Iw tiiiid. 
 
 The Judges 
 tri m iku 
 rules, lie. 
 
 TIIK Ml'NlOri'AL MANl'AL, 
 
 " T, A. \i., do hereby flistjli.i:!! nil right to the ofTiue of Town- 
 phip CounfiUor, (or us the case may ha) ftir thu township of 
 
 (or as the case may br) and all dofoncc of any rij:ht 
 
 I Iiavo to the 8:mic." 
 
 Su(,'h disolaiiiiur shall operate an a rcsi^inntioii, and relieve 
 thu party making it from all liability, and the eaiididato having 
 the next highest number of votes shall theti beeojno the (.'oiin- 
 eillor, or u.s the caso may be; 
 
 LS. The decision of the Judge shall be final, and he .shall, 
 immcdiatoly after his judgment, return the writ and judgment 
 with all things hud before him touching the same itito the 
 Oourt from which the writ issued, there to remain of record 
 03 a judgniont of the said Court; ((") and he .shall, as occasion 
 requires, enforce such judgment by a writ in the nature of a 
 writ of peremptory Maiulamus, (y) and by writs of execution 
 for the costs awarded ; (k) • 
 
 19. The Judges of the Superior Courts of Common ]jaw, or 
 a majority of them, may, by rules made in term time, settle the 
 forms of the writs of summons, certiomri, mandamus and exe- 
 cution, (/) and may regulate the practice respecting the suing 
 
 1. Disclaiinur uiiiler sub-section 12, which iinist bo transmitted 
 
 " withia Olio wooli after serviuo of the writ." 
 
 2. Discliiiiiicr under tlio sub-section here nuuotntcd, wliieh may bo 
 
 fraiisniitted " at nny time after tlie election," liut " before tlio 
 eleetion is compluiiied of." 
 In tlie case of the former there arc no cost.s, unless tlio Judgo is 
 satisfied tliat tlio party dLsolaiming consented to his nomination as a 
 candidate, or accepted the oflice. 
 
 Ill tlie caso of tlio latter there can be no costs, as the disclaimer 
 must be made before writ, and when raado relieves the party " from 
 all liabilily." The latter provision is a new one. 
 
 {i) Under the old act, leav« was pfiven to appeal from the decision 
 of tiio Judge to the full Court. (The Queeii ex rel. McKeown v. Uotjy, 
 15 U. C. Q. B. 140.) That privilege was in the Municipal Institutions 
 Act of 1858, wlien introduced to tlie Assembly, but was struck out in 
 coiiiiiiiilee. Tlie object, no doubt, is effectually to ensure the summary 
 relief intended. The elections being annual, the delays caused by 
 ajipeals are calculated to frustrate the objects of an application. 
 
 (./) See notes x, y, z, to this section. 
 
 (k) The power of a Judge to award costs for or against a relator, 
 defendant or Returning Officer, is in general exercised only on the 
 final determination of the case. (27te Queen ex. rd. AvnoH v. Marchant 
 « «/., 2 U. C. Cham. R. 167. 
 
 (/) The following maybe the form of ^. fa, for costs: :, , , 
 Victoria, «fee. 
 
 To tlie Slieriff of the County (or United Counties) of , Greeting : 
 
 We c.«niinand you, that yon levy, or cause to be levied, of the goods 
 
TIIK MUNini'AL MANlIAf,. 
 
 109 
 
 out, service and (jxccution of Buch writs, and tlio puiiisluDcnt 
 fur disuboyin;; the saiiiu or any other writ or ordonif the ("nurt 
 or Jud^o, and reHpoctinp; the practice generally, i'. heuriiij^ 
 and detcrniiiiiiijj; thcvalidity of such elections or appointments, 
 and respeetini; the coMts tlieroon; and may from tinio to time 
 rescind alter or add to snch rules; but all existing rules shall 
 remain in force until rescinded or altered as aforesaid ; (m) 
 
 ISI9. The appointnacnt of members of Municipal Councils, App'.iiit- 
 when required to be made under this Act shall be deemed elec- v.'iil'nrt!!" 
 tiuns within the preceding section, and in such cases the relator •^'fCi""-'' 
 may bo any member of the Coumil or any elector of the Muni- 
 cipality or Ward for which the appointment wasmade. (n) 
 
 niul L'imttels of A. B., lute of , tho finm of , ■wliich Imth lately 
 
 bfuii a(lju(lij;c'd to C. l>., of , in our Court of Queen's JJuiieh {or 
 
 t'omiiiini I'lcan), nt Toronto, according to tho form of tho statuto in sucli 
 cnsofl niudo and provided, for his costs by him loid out and expended 
 iu his (k'foiiue upon u certain writ of sauiiuons in tho natui-o oi a (juo 
 wiirrunto, i.-jsued out of our said Court against tlio said C 1)., upon the 
 
 relation of tlio said A. B., for usurping tlio oflico of , In our 
 
 of , in your County {or Counties) (if ihn Rctiirnhii/ OJiccr h<ts 
 
 hccii uiaik a jHtrti/, mid here, " to which proceeding E. F., the Rotuin- 
 ing <^(iRor at the election of tho said C. D. to tiio said office, was niailo 
 a parly") ; whereof the said A. B. is convicted, as in our said Court 
 nppi'iirs of record; and that you have tliat mono}' before our saiil 
 Court, at T(!roiito, itninediatcly after tho execution hereof, to satisfy the 
 Baiil C. 1). for his coc^ts aforesaid, and have you then there this writ. 
 
 Witness, ifcc. 
 
 -V. J}. — Whcit Ihe Returning Officer has hccn made a party, and in cnti- 
 clod to vostK, the fieri facias umd be framed acvordingly, 
 
 (»i) The powers conferred are: 
 
 1. To settle the forms of tho writs of summons, certiorari, mandamus 
 
 and execution. 
 
 2. To rer/ii'atc the jirnctico respecting the suing out, service and exe- 
 
 cution of such writs, and tlio punishment for disobeying tho 
 same or any other writ or order of the Court or Judge, mid 
 respecting the practice generally in liearing and determining 
 the validity of such elections or appointments, and respecting 
 the costs tncreon. 
 S. To rescind, alter or add to such rules. 
 
 But it is declared tiiiit all existing rules are to remain in force until 
 rescinded or altered. Tlio existing rules which have been in force 
 since the Municipal Act of 1849 will, if not suspended before this work 
 is completed, bo found in the Appendix. They in several respects 
 need change, in consequence of the altered state of the law since they 
 were first promulgated. It was the intention of the late Mr. Justie'o 
 Burns to have revised the rules, especially as to costs, giving increased 
 counsel fees, and making an allowance for briefs, &c. ; but his much 
 lamented death prevented him carrying his intention into effect. 
 
 (m) The question arose in the cose of T/ie Queen on ihe relation of 
 Beafy v. O'Donof/hne, cl aK 3. U. C. L. J., 75, whether appointments 
 
110 
 
 Firit meet- 
 ings of 
 Councils. 
 
 I'lace, In 
 O unties. 
 
 Kl'-ctions of 
 Hv4(l8 of 
 Cuuuty 
 Coimcilii. 
 
 THE MUNICIPAL MANUAL. 
 
 MEETINGS OP COUNCIL, ,&c. 
 First Meeting of Members Elect. 
 133. The members of every MuDicipal Council, (except 
 County Councils,) and the trustees of every Police Village, 
 shall hold their first meeting at noon, (o) on the third Mondfay 
 of the same January in which they are elected, or on some 
 day thereafter at noon ; (p) and the members of every County 
 Council shall hold their first meeting at noon, or some hour 
 thereafter, on the fourth Tuesday of the same month, or on 
 some day thereafter, ((y) 
 
 IS'!. The members of every County Council shall hold 
 their first meeting at the County Hall, if there is one, or other- 
 wise at the County Court House, (r) 
 
 Electiov of Heads of Counch, otheu xirAN of Cities axd Towns. 
 
 13tS. The members elect of every County Council, being 
 at Iciist a ninjority of the whole number of the Council when 
 full, (s) shall at the first meeting after the yearly elcctioiis, and 
 after nialciug the declarations of office and qualification when 
 required to be taken, organize themselves as a Council by 
 electing one of themselves to be Warden, and such person 
 shall be the head of the Council, (t) 
 
 came within the clauses for the summary trial of contested elections, 
 and it was held that they did not. This section supplies the defect 
 which was then felt to exist in the law, and as regards the trial of 
 contested elections, places appointments and elections on the same 
 footing. 
 
 (o) A meeting at 6 o'clock, p.m., held a sufficient compliance with 
 the Act. ( The Queen ex rel. Heenan v. Murray, 1 U.C. L. J., N. S., 104.) 
 
 (;>) So that it is not imperative to meet on the third Monday in 
 January. {The Queen ex rel. Hyde v. Barnhart, 7 U. C. L. J. 126.) 
 
 ((/) A County Council being composed of Reeyes, it is essential that 
 the Tovriship, Town and Village Councils should be organized end 
 Reeve J be selected before the County Council can be constituted (sec. 
 135.) Hence the day appointed for the first meeting of a CoUnty 
 Council is later in the month of January than that of any other Muni 
 cipul bodj-. 
 
 (r) The Court House is to a great extent under the control of the 
 County Council. See sec. 401, e^«e^. The first meeting is to be held 
 in the County Hall or County Court House {as the case may be.) Sub- 
 sequent meetings may be held elsewhere. (Sec, 138.) 
 
 {s) See The Queen ex rel. Evans v. Starrat, 1 U. C. C. P. 487. 
 
 (<) The members being at least a majority of the whole when full, 
 are required at their first meeting to organize themselves as a counci' 
 by electing one of themselves to oe Warden. They have no right to 
 determine the right of any member of the Council to n seat. [In re 
 
THE MUNICIPAL MANUAL. 
 
 Ill 
 
 i 
 
 f,*^ 
 
 136- At every election the Clerk of the Council shall 
 preside, and if there is no Clerk, the members present shall 
 select one of themselves to preside, and the person selected 
 may vote as a member, (m) 
 
 137. In case of an equality of votes on the election of the 
 head of any County Council, or provisional County Council, 
 then, of those present, the Reeve, or in his absence, the Deputy 
 Reeve, of the municipality which has the largest number of 
 names on its last revised assessment roll, as rate-payers, shall 
 have a secjnd and cjistiug vote. («) 
 
 SUBSEQI'KNT Ml!:ii;TIN'GS. 
 
 138. The subsequent meetings of the County Council, and 
 all the meetings of every other Council, shall be held at such 
 place, either within or without the municipality, as the Council 
 from time to time, by resolution on adjourning to be entered 
 on the minutes, or by By-law, appoints, (b) 
 
 Hawk and Ballard, 3 U. C. C. P. 241 ; see also, In re Tmcnship of 
 Ashpodel and Sargant, 17 U. G. Q. B. 693.) But that, under certain 
 circumstances may, subject to appeal to the ordinary tribunals, be 
 determined by the County Clerk. (See The Queen ex rel. McManus v. 
 Ferguson, 2 U. C. L. J., N. S. 19.) 
 
 (m) The Clerk, if one, is to preside. If no Clerk, then a person is to 
 be selected by the members present. The person so selected must be 
 one of themselves. If the election be presided over by a person other 
 than directed, the election itself may be held invalid. See note e to 
 sec. 100. 
 
 (a) See The Queen ex . .i. Pollard v. Proaser, 2 TJ. C. Prac. R. 830 ; 
 and The Queen ex rel. Hume v. Zutz, 7 U. C. L. J. 103 ; and Statute 
 24 Vic. cap. 37. 
 
 (b) The object of this section would seem to be to enable a County 
 Council to sit in a city or town that has been separated from the county, 
 when the proper county buildings are situate therein and are owned 
 by the county. (See sees. 134 A 139.) But the language (" every 
 o<A«r Couruil') is broad enough to admit of any Municipal Council 
 holding sittings elsewhere than within the municipality, which probably 
 was not really intended. The meetings are to be held " at such place, 
 Ac, as the Council from time to time, by resolution on adjourning, to 
 be entered on the minutes, or by by-law, appoints. The difference 
 between a resolution and a by-law is fully explained in note / to sec. 
 1 90. It is apprehended that an established place of meeting would be 
 by by-law, and that in the absence of any such bj'-law the place may 
 be determined for the next meeting by resoiutlon on adjourning, at 
 wliich time there would be no opportunity of passiiig a by-law. In 
 the absence of any by-law, Ac, the next meeting would be understood 
 as appointed to be held at the place of the last meeting. (Sec. 141.) 
 Strictly speaking, there ought to be either a by-law fixing a permanent 
 place, or a resolution from time to time entered at each adjournment. 
 See In re Pafford and The Corporation of the County of Lincoln, 24 U. C. 
 Q. B. 16. 
 
 Who tn pre- 
 side at. 
 
 Who to have 
 the eastinj; 
 Tote in the 
 event of 
 equality of 
 votes. 
 
 Place of 
 niftttiug ot 
 County 
 CounciU. 
 
112 
 
 Place of inny 
 bu iu Citieti. 
 
 Meetings to 
 be open. 
 
 Special may 
 be cloSHil ; 
 where held. 
 
 Quorum. 
 
 In CouncilH 
 of five. tbrei< 
 mu!it cunciir. 
 
 TflE MUNICIPAL MANUAL. 
 
 IJJ9. The Council of the County in which any City lies (c) 
 may hold its sitting?, keep its public oiVices, and transact all 
 the business of the Council and of its officers and servants 
 within such City, and may purchase and hold such real pro- 
 perty therein as may be c nvenient for such purposes, (rf) 
 
 140. Every Council shall hold its ordinary meeting.s 
 openly, and no person shall be excluded except for improper 
 conduct, (e) 
 
 141. Ill ca.se there is no By-law of a council fixing the 
 place of meeting, any special meeting of the Council .*li:ill be 
 held at the place where the then last meeting of the Council 
 was held. (/) and a special meeting may bo open or closed as 
 in the opinion of the Council, expressed by llesolution in 
 writing, the public interest requires. (,7) 
 
 143. A majority of the whole number of members required 
 by law to constitute the Couucil shall form a quorum. (//) 
 
 143. When a Council consists of only five members, the 
 concurrent votes of at least three shall be necessary to carry 
 any resolution or other measure, (i) 
 
 (c) Qn , or " town spparated from a county." Sec soc. 2(5. 
 
 {d) The powei" is not only to hold but to jiurcliase real projierty in 
 a City for County purposes, even after tlie separation of tlie City fi'oni 
 tlu! County. 
 
 («) It is one of the essential qualities of a Court of Justice that iis 
 procoedinifs lie public, and that all parties who may be de.sirt;us of 
 hoarinij what is going on, if there he room in the iilacc for that pur- 
 pose, provided tliey do not interrupt the proceedings and provided 
 there be no other kind of improper conduct, have a right to be present 
 and hear wiuit is going on, (per Bajdey, J., in Danbwi/ v. Cooper, 10 
 B. & C. 2 to.) This rule is to its fullest extent to be applied to ordinary 
 meetings of every Municipal Council. But a special meeting may be 
 open or closed as, in the opinion of the Council expressed by resolution 
 in writing, the public interest requires. (Sec. HI.) 
 
 (/■) The first meeting is required to be held at the County Hull, if 
 there is one, otherwise at the County Court Ilouae. (Sec. Ib-A ) 
 
 {(l) The line drawn between au open and a closed meeting is here 
 defined. The former is the rule (note e to sec. 140); the latter the 
 exception, and only to be allowed when in the opinion of the Council 
 the public interest requires it. 
 
 (A) The Court upon an application to quash a by-law, on tlie ground 
 that a quorum of the Council was not present at its passing, refused to 
 interfere. (Sutherland v. The Municipal Council of the Townxhip of 
 East Nmouri, 10 IJ. C. Q. B. 626.) 
 
 (»■) This applies to municipalities having five members oulv (see see. 
 06,) and the eftect is, that although three constitutes a majority and 
 
THE MUmciPAL MANUAL. 
 
 113 
 
 144:- Every Council may adjourn its meetings from time Adjourn- 
 to time. 0') "'*"*•• 
 
 14«S- The head of every Council (Je) shall preside at the xiu beads to 
 meetings of Council, (0 and may at any time summon a spe- ^**'^?,*'» 
 cial meeting thereof; (m) and it shall be his duty to summon 
 
 forms a quorum, a majority of that majority cannot decide any qnestion 
 before the Council. When three members only are present, they must 
 be unanimous. When four or five are present, it requires three at least 
 to make a majority. 
 
 {j) In the midst of a Parliamentary debate upon a qnestion, any 
 member may move " that this house do now adjourn," not by way of 
 amendment to the original question, but as a distinct question which 
 interrupts and supersedes that already under consideration. If this 
 second question be resolved in the affirmative, the original question is 
 superseded ; the house must immediately adjourn and all business for 
 that day is at an end. (May on the Law and Practice of Parliament, 
 21.) The motion for adjournment in order to supersede a question 
 must be simply that the house do now adjourn. It is not allowable to 
 move that the house do adjourn to any future time specified, nor to 
 move an amendment to that effect to the question of adjournment. 
 \lb.) The house may also be suddenly adjourned by notice being taken 
 that the necessary number of members to constitute a majority are not 
 present ; and an adjournment caused in that manner has the effect of 
 superseding a question in the same way as a formal question to adjourn 
 when put and carried. In either case the original question is so 
 entirely superseded, that if it has not yet been proposed to the House 
 by the Speaker, it 58 not even entered in the votes, as the House 
 was not fully in possession of the question before adjournment. If 
 a motion to adjourn be negatived, it may not be proposed again with- 
 out some intermediate proceeding and in order to avoid any infringe- 
 ment of this rule, it is a common practice for those who desire to avoid 
 a decision upon the original qnestion on that day, to move alternately 
 that " this House do now adjourn" and " that the debate be now 
 adjourned." The latter motion, if carried, merely defers the deci- 
 sion of the House, while the former, as already explained, altogether 
 supersedes the question. Yet members who only desire to enforce the 
 continuance of the debate on another day, often vote for an adjourn- 
 ment of the House, which if carried, would supersede the question 
 they are prepared to support. This distinction should always be 
 borne in mind, lest a result should follow that is widely different 
 from that anticipated. Suppose a question to be opposed by a ma- 
 jority and that the minority are anxious for an adjournment of the 
 debate ; but that on the failure of a question proposed by them to that 
 effect they vote for an adjournment of the House ; the majority have 
 only to vote with them and carry the adjournment, when the obnoxious 
 question is disposed of at once, and its supporters have themselves 
 contributed to its defeat. (lb.) 
 
 ijc) i. e.. Warden, Mayor, or Reeve as the case may be. (See sec. 66.) 
 
 \l) i. e., All meetings, ordinary or special. 
 
 <m) A special meeting may, under certain circumstances, be close 
 and private. (See sec. 141.) 
 
 8 
 
lU 
 
 THE MUNICIPAL MANUAL. 
 
 When ReeTe 
 or Deputy 
 Beeve to pre- 
 side. 
 
 Absence of 
 'head 
 provided for. 
 
 a special meeting whenever requested in writing by a majority 
 of the Council. (») 
 
 140' In case of the death or absence of the head of a Town 
 Council, (o) the Reeve, and in case of the absence or death of 
 both of them, the Deputy Beeve ; (j?) and in case of the deatli 
 or absence of the head of a Village or Township Council, the 
 Deputy Reeve, (q) shall preside at the meetings of Council, 
 and may at any time summon a special meeting thereof; (r) 
 but if there be more than one Deputy Reeve, the Council shall 
 determine which of them shall preside at their meeting ; (s) 
 and in case of the death or removal of any member of a Muni- 
 cipal Corporation, an election shall take place as soon there* 
 after as possible, to fill such vacancy. (0 
 
 147> In the absence of the head of the Council, and in 
 the case of a Town, Village or Townsbip, in the absence also 
 of the Reeve, if there be one, and also of the Deputy Reeve 
 or Deputy Reeves if there be one or more, by leave of the 
 Council, or from illness, (u) the Council may, from among the 
 members thereof eligible to be elected head, appoint a presid- 
 ing officer, who, during such absence, shall have all the powers 
 of the head of the Council. («) 
 
 (n) A bare majority is all that is here meant or required, but it must 
 be a majority of the whole number of the Council. 
 
 (o) i. e.. Of a town not separated from the county in which situate 
 (see sees. 26 & 66) ; for in a tov,';i not so separated the Mayor is head, 
 then tlie Reeve, and then the Deputy Reeve. 
 
 (/)) i. e., In the absence of both the head of the Council and the 
 Reeve. 
 
 iq) In a township or village the Reeve is head, and then tLe Deputy 
 Reeve. 
 
 (r) The latter part of this section belongs to the whole section, that 
 is, any acting head authorised by the section may, among other t hings, 
 at any time summon a special meeting of the Council. 
 
 («) In certain towns And incorporated villages there may be several 
 Deputy Reeves. (Sec. 66, sub cccs. 3, 4.) Hence the necessity fur 
 the provision here annotated as to the necessity in some cases ot wit- 
 nesses for the prosecution. 
 
 (<) See notes y and z to sec. 131, as to form of writs in such case. 
 
 (m) Provision is here made for the absence of all persons ex ojjicio 
 entitled to preside. 
 
 (i>) The word " eligible," as use J in the former act, applied to cities. 
 in which aldermen were so eligible, but not conncilmcn. (Sec. CO.) 
 Now that the office of councilman no longer exists, the use of the word 
 is of no peculiar force, for all members of the council are eligible. 
 
 p 
 
 II 
 
THE MUNICIPAL MxVNDAL. 
 
 148. If the person who ought to preside at any nvjeting 
 does not attend within a reasonable time after the hour 
 appointed, (a) the members present may appoint a Chairman 
 from amongst themselves, and such Chairman shall have the 
 same authority in presiding at the meeting as the absent person 
 would have had if present, (i) 
 
 149. The head of the Council, or the presiding officer or 
 Chairman of any meeting of any Council, may vote with the 
 other members on all questions, (c) and any question on which 
 there is an equality of votes shall be deemed to be negatived. (i) 
 
 REStONATION OF HeADS OF COUNCIL. 
 
 150 The Warden of a County may resign his office (e) by 
 verbal intimation to the Council while in session, or by letter 
 to the County Clerk, if not in session, (/) in which case the 
 Clerk shall notify all the members of the Council, and shall, if 
 required by a majority of the members of the County Council, 
 call a special meeting to fill such vacancy. (^) Vacancies 
 
 (a) Provision is made in the preceding section for " death," or 
 " absence," and here for non-attendanco " within a reasonable time 
 after the hour appointed." 
 
 (b) Chairman ; that is, it is apprehended, a person eligible to be 
 head or presiding officer of the Council. See sees. 147 & 150. 
 
 (e) The general import of the words used deserves attention. Appa- 
 rently nn question can come before the Council or meeting, on which 
 the presiding officer or chairman is disentitled to vote. There is no 
 exception of any kind in the enactment. Tlie right to vote is given 
 " on all questions." Its exercise on any particular question, perhaps 
 affecting the conduct of the presiding officer or chairman himself, is a 
 matter left entirely in his own discretion. 
 
 ((/) This is in accordance with the well known Latin maxim, "Omnia 
 presumuntnr pro ncgante." 
 
 (c) The right of a member of a Municipal Coiporation to resign in 
 the absence of express provision authorizing it, has been doubted. 
 ( The King v. Tidderley, Sid. 14, Com. Dig. tit. " Franchise," F. 30 ; 
 The lung v. The Mat/or of Ripon, 1 Rayd. 563 ; The Queen v. Lane, 2 
 Ptiiyd. Io04.) In 2 Roll. Ab. 456, it is said that an alderman, with the 
 assent of the Corporation, may resign his office in the Corporation, 
 and that the Corporation may accept the resignation as of riglit. The 
 power of the head of a Corporation, under the section here annotated, 
 to resign, is given with or without the assent of the Corporation. No 
 ordinary member can resign without the assent of the majority of the 
 members. (Sec. 151.) 
 
 (/) The mode deserves attention, viz., by verbal intimation to the 
 Council while in session, or by letter to the County Clerk if not in session. 
 This part of the section is new, and intended to remedy a defect pointed 
 out by the Editor in the first edition of this Manual. 
 
 {g) The duties of the Clerk ar« two-fold; 
 
 115 
 
 Casual 
 abience 
 provided for. 
 
 Head to vote. 
 Presumitur 
 pro negante, 
 iri casu of 
 ties. 
 
 Resignation 
 of liend.s 
 provided for. 
 
 Vacancies. 
 how filled. 
 
116 
 
 TH« MUNICIPAL MANUAL, 
 
 .4^ ameniied 
 b>i cap. 52. 
 
 Any member 
 may resign. 
 
 The Clork 
 and his 
 duties. 
 
 caused by the resignation of a Reeve or a Deputy Reeve shall 
 be filled by an ordinary election, as provided by section one 
 hundred and twenty-five. (A) 
 
 Of Councillors. 
 tSt. Any Mayor or other member of a Council may, with 
 the consent of the majority of the members thereof, to be 
 entered on the minutes of the Council, resip;n his seat in the 
 Council, (i) and the vacancy shall be supplied as in the case 
 of a natural death. (;') 
 
 OFFICERS OF CORPORATIONS. 
 Thb Clerk, and Duties of. 
 
 tS^* Every Council shall appoint a Clerk ; (k) and the 
 Clerk shall truly record in a book, without note or comment, (I) 
 all resolutions, decisions and other proceedings of the Council, 
 and, if required by any member present, shall record the name 
 
 1. To notify all the members of the Council of the resignntion. 
 
 2. To call a special meeting to fill the vacancy, if required by a 
 
 majority of the members of the Council. 
 The act being after the organization of the Council, the head, Ac, 
 of the Council would of course preside and take the votes. In the 
 event of an equality of votes, there would, it is presumed, be in effect 
 a negative, under sec. 149, 
 
 (/t) Which see, and notes thereto. 
 
 (i) See note e to sec. 150. 
 
 (j) i. e., by election. See sec. 125. 
 
 (k) It appears to be imperative on the Council to appoint a Clerk. 
 Convenience, if not duty, however, will at all times render one neces- 
 sary. The appointment would appear to be one till removed, and not 
 merely for a year. (7%e Corporation of the Township of Beverley v. 
 Barlow, IV. 6. L. J. 117.) 
 
 {I) The Clerk being an executive officer of the Council, H is his duty 
 to make all entries as directed. He is not at liberty, without the pre- 
 vious sanction of the Council, to exercise any discretion of his own. 
 His record of proceedings is to be " without note or comment," 
 
 The duties of the Clerk, here enumerated, are the following : 
 
 1. To record all resolutions, decisions, and other proceedings of the 
 Council. 
 
 .2. To record the name and vote of every member voting, if required 
 by any member present. 
 
 3. To keep the books, records and accounts of the Council. 
 
 4. To preserve and file all accounts acted upon by the Council. 
 
 5. To keep the original or certified copies of all by-laws, and of all 
 
 minutes and proceedings of the Council. 
 •6. All which he is to keep in his office, or in the place appointed by 
 
 by-law of the Council. 
 Other duties are Imposed by succeeding sections of this act. 
 
 II 
 
THE MUNICIPAL MANUAL. 
 
 and vote of every member voting on any matter submitted ; 
 and shall keep the books, records and accounts of the Council ; 
 and shall preserve and file all accounts acted upon by the 
 Council, and also the originals or certified copies of all By-laws, 
 and of all minutes of the proceedings of the Council ; all which 
 he shall so keep in his oflSce, or in the place appointed by By- 
 law of the Council. 
 
 133. Any person may inspect any of the particulars afore- 
 said at all seasonable times; and the Clerk shall, within a 
 reasonable time, furnish copies thereof to any applicant at the 
 rate of ten cents per hundred words, or at such lower rates as 
 the Council appoints; (m) and shall, on payment of his fee 
 therefor, furnish, within a reasonable time, to any elector of 
 the municipality, or to any other person interested in any By- 
 law, Order or Resolution, or to his attorney, a copy of such 
 By-law, Order or Resolution, certified under his hand and 
 under the Corporate Seal. («) 
 
 154:. The Clerk of every City, Town, Incorporated Village 
 and Township, shall, on or before the first day of December, 
 in each year, transmit to the Receiver-General a true return of 
 the number of resident rate-payers appearing on the Revised 
 Assessment Roll of his municipality for the year, (o) and shall 
 accompany such return with an affidavit made before a Justice 
 of the Peace verifying the same (p), in the following form : 
 
 "I, A. B., Clerk of the Municipality of the City, (Town, 
 " Township or Village, as the case may be,') make oath and 
 '• say, that the above or the withia written, or the annexed 
 " return, contains a true statement of the number of resident 
 " rate-payers appearing on .the Assessment Roll of the said 
 " City, (Town, Township or Village,) for the year one thou- 
 
 " sand eight hundred and . 
 
 (Signed) « A. B. 
 
 " Sworn before me, &c." (9) 
 
 (m) Upon tender of the remuneration specified, it is made the duty 
 of the Clerk to furnish the copies required, a duty^which, it is conceived, 
 might, in the event of refusal, be enforced by mandamus. 
 
 (?i) See notes to sec. 198. 
 
 (0) This is required with a view to the appropriation of moneys 
 arising from the clergy reserves. (Con. Stat. Can., cap. 26, sec. 7.) 
 
 ip) It is made the positive and distinct duty of the Clerk, on or 
 before the day mentioned, not only to transmit the return, but to 
 accompany it with the affidavit, of which a form is given. A penalty 
 for neglect of duty is imposed by next section. (Sec. 155.) 
 
 iq) The affidavit must be made before a Justice of the Peace. 
 
 117 
 
 Minuteg, £i',, 
 to be open to 
 inspection. 
 
 Copies to be 
 furnished, 
 and cliarges 
 tlierefor, Sic. 
 
 Clerk to 
 transmit a 
 yearly 
 return of 
 ratepayers 
 to the Recei- 
 ver-General 
 
 Oath of 
 verification. 
 
 i 
 
118 
 
 THE MUNICIPAL MANUAL. 
 
 J'rjmlty for 
 
 
 'Co make n 
 yearly re- 
 turn to tlie 
 
 County 
 Clerk. 
 
 What such 
 KoturD shall 
 shew. 
 
 
 is-s 
 
 tSS- And in case of default in any year so to transmit, 
 the Clerk shall be liable to a penalty of twenty dollars, to be 
 paid to the Receiver-General for the use of the Province, to be 
 recovered by summary proceedings in the manner provided for 
 the recovery of penalties for infringing ]iy-la\vs under this 
 Act. (r) 
 
 1«56. The Clerk of every Township, Village and Town 
 shall, in each year, within one week after the first day of 
 January, make a return to the Clerk of the County in which 
 the municipality is situate, (.s) of the following particulars 
 respecting his municipality for the year then last past, namely : 
 
 1. Number of persons assessed. 
 
 2. Number of acres assessed.- 
 
 3. Total of rentals of real property. 
 
 4. Total of yearly value other than rentals of real 
 property. 
 
 5. Total actual value of real property. 
 
 6. Total of taxable incomes. 
 Total value of personal property. 
 Total yearly value of personal property. 
 Total amount of assessed value of real and per- 
 sonal property. 
 
 Total amount of taxes imposed by By-laws of the Muni- 
 cipality. 
 
 Total amount of taxes imposed by By-laws of the County 
 Council. 
 
 Total amount of taxes imposed by By-laws of any Provi- 
 sional County Council. 
 
 Total amount of Lunatic Asylum or other Provincial tax. 
 
 Total amount of all taxes as aforesaid. 
 
 Total amount of income collected or to be collected from 
 assessed taxes for the use of the Municipality. 
 
 Total amount of income from licenses. 
 
 Total amount of income from public works. 
 
 18. Total amount of income from shares in incorporated Com- 
 
 panies. 
 
 19. Total amount of income from all other sources. 
 
 20. Total amount of income from all sources. 
 
 21. Total expenditure on account of roads and bridges. 
 
 22. Total expenditure on account of other public works and 
 
 property. 
 
 
 •5 O «^ . 
 
 /^ 5 V o 
 
 7. 
 8. 
 9. 
 
 10. 
 
 11. 
 
 12. 
 
 13. 
 14. 
 15. 
 
 16. 
 17. 
 
 I 
 
 (»•) See 8ec. 207, and notes thereto, 
 (s) Tenalty for neglect. See sec. 159. 
 
THE MUNICIPAL MANUAL. 
 
 119 
 
 23. 
 24. 
 
 25. 
 
 26. 
 27. 
 
 28. 
 
 29. 
 
 30. 
 
 31. 
 32. 
 33. 
 34. 
 35. 
 36. 
 37. 
 
 o8. 
 
 39. 
 40. 
 41. 
 42. 
 43. 
 
 Total expenditure on account of stock held in any incor- 
 porated Company. 
 
 Total expenditure on account of schools and education, 
 exclusive of School Trustees' rates. 
 
 Total expenditure on account of the support of the poor, 
 or charitable purposes. 
 
 Total expenditure on account of Debentures and interest 
 thereon. 
 
 Total gross expenditure on account of Administration of 
 Justice in all its branches. 
 
 Amount received from Government on account of Admin- 
 istration of Justice. 
 
 Total net expenditure on account of Administration of 
 Justice. 
 
 Total expenditure on account of salaries, and the expenses 
 of Municipal Government. 
 
 Total expenditure on all other accounts. 
 
 Total expenditure of all kinds. 
 
 Total amount of liabilities secured by Debentures. 
 
 Total amount of liabilities unsecured. 
 
 Total liabiliiies of all kinds. 
 
 Total value of real property belonging to Municipality. 
 
 Total number of sheep worried by dogs, and the amount 
 paid therefor by the Municipality. 
 
 Total value of stock in incorporated Companies owned by 
 Municipality. 
 
 Total amount of debts due to Municipality. 
 
 Total amount of arrears of taxes. 
 
 Balance in hands of Treasurer. 
 
 All other property owned by Municipality. 
 
 Total assets. 
 
 157. The Clerk of every County shall, before the first day county 
 of February, in each year, (t) prepare and transmit to the cierk to^ 
 Provincial Secretary a Statement of the aforesaid particulars turn to tie 
 respecting all the Municipalities within his County, («) enter- 
 ing each Municipality in a separate line, and the particulars 
 required opposite to it, each in a separate column, together 
 with the sum total of all the columns for the whole County, 
 and shall also make at the same time a Beturu of the same 
 
 ProTlncial 
 Secretary. 
 
 i 
 
 (t) Thus the Clerk of the Council, if the returns are duly made to 
 him will have about three weeks to prepare his return. 
 
 (h) i. e. Of all townships, villages and towns, from which, under the 
 preceding section he has received returns. 
 
120 
 
 THE MUNICIPAL MANUAL. 
 
 And alio 
 Clerki of 
 Cltiei. 
 
 Moneys to be 
 retniaed If 
 roturns not 
 made. 
 
 particulars respecting his Couatj, as a separate Municip- 
 pality. (v) 
 
 ltl8. The Clerk of every City shall, before the first day of 
 February, in each year, (a) make a return to the Provincial 
 Secretary of the same particulars respecting his City, (b) 
 
 ltl9. The Treasurer of the County shall retain in his handa 
 any moneys payable to any Municipality, if it is certified to 
 him by the Clerk of the County that the Clerk of such Muni- 
 cipality has not made the Return hereinbefore required ; and 
 the Receiver-General shall retain in his hands any moneys 
 payable to any Municipality, if it is certified to him by the 
 Provincial Secretary that the Clerk of such Municipality has 
 not made the Returns hereinbefore required; (c) and any 
 person so required to make any Return by a particular day 
 who fails so to do, shall be liable to a penalty of not more 
 than twenty dollars, to be paid to the Receiver-General for the 
 use of the Province, to be recovered as last aforesaid, (tf) 
 
 Provincial 160. The Provincial Secretary shall, as soon as may bo 
 urtb^rJ" '^^^^^ *^6 commencement of every Session, lay before both 
 turns before Houscs of the Legislature a copy of all Returns hereinbefore 
 
 Parliament. -jju j/s 
 
 required to be made, (e) 
 
 Cqahberlaix and Treasurer. 
 
 ciiwnberiain |01. Evcry City Council shall appoint a Chamberlain, (/") 
 
 toteappofn- and every other Council shall appoint a Treasurer, (f/) and 
 
 ted. 
 
 (v) In addition to a return containing all the particulars furnished 
 to him pursuant to see. 166, it is to he specially noticed that lie is 
 required to make a return " of the same (similar) particulars respect- 
 ing Ills County as a separate Municipality." 
 
 (a) A City being deemed for Municipal purposes a County, the 
 Clerk of the City has the same time allowed him within which to 
 make his return as the Clerk of the County. (Sec. 157.) 
 
 (6) Sec. 166. 
 
 (c) This and the next succeeding section (160) prescribe the duties 
 of the officers therein mentioned. It is only necessary to discriminate 
 between what is to be done by the Clerks of the diflFerent Muncipalities, 
 by the County Treasurers, and by the Provincial Secretary respec 
 tively. 
 
 {d) See sec. 155. 
 
 (e) See note c ante. 
 
 (/) See note k to sec. 152. 
 
 ( g) The offices of Chamberlain and Treasurer, and member of the 
 Council, are incompatible. (The Queen v. Smith, 4 U. C. Q. B. 322, and 
 sec. 162.) If by any disregard of the law, accidental or otherwise, a 
 
 
THE MUNICIPAL MANUAL. 
 
 121 
 
 every Chamberlain and Treasurer, before enteriDj? upon the 
 duties of his office, shall give such security as the Council JjJ,^J|',"y 
 directs for the faiihful performance of his duties, and especially 
 for duly accounting for and paying over all moneys which may 
 come into his hands; (/t) provided that it shall be the duty proriso. 
 of every Municipal Council in each and every year to enquire 
 into the validity of the security given by such Chamberlain or 
 Treasurer and report thereon, (i') 
 
 163' Every Treasurer and Chamberlain respectively shall To rewive, 
 receive and safely keep all moneys belonging to the Corpora- c^reoT and 
 tion, and shall pay out the same to such persons and in such 
 manner as the Laws of the Province and the lawful By-laws 
 or resolutions of the Council direct; (A:) but no member of the 
 
 dHtlUl'Hl' 
 
 person has been placed in the office who cannot by law liold it, tilings 
 njust take their course — tlie illegality must bo ascrrtained and' pro- 
 nounced upon in a proper proceeding, instituted to try the question. 
 {lb.) A Treasurer of a Municipolily should not be permitted also to 
 act as a Bonk agent. {The Corporation of (he Villaffe of Ingersoll v, 
 Chadwkk, 19 U. C. Q. B. 278.) 
 
 (A) The Chamberlain or Treasurer is, first, to give security; secondl}', 
 the security is to be given before ho enters upon the duties of his 
 office ; and, thirdly, it is to be for the faithful performance of his duties, 
 and especially for duly accounting for and paying over all moneys 
 which may come into his hands. 
 
 It is no objection to the bond that it was executed before the appoint- 
 ment to office was made. ( The Corporation of the County of JUssez v. 
 Strong, 8 U. C. L. J., 15 ; S. C, 21 U. C. Q. B. 149.) 
 
 [i) The imposition of additional taxes to those assessed at the time 
 of taking the security and the increase of risk thereby, has been held 
 not to violate a bond given for the general performance of duties and 
 payment of moneys, \ Tlie Corporation of the Township of Beverley v. 
 Barlow et al. 10 U. C. C. P. 118 ; S. C. 7 U. C. L. J. 117.) Nor is "it n 
 defence that the money received by the Treasurer was not demanded 
 by the Government which was entitled thereto. {Cwporation of 
 JEmx V. Park, 11 U. C. C. P. 473.) 
 
 The latter part of this section is a new and very necessary provision. 
 
 {k) In an action by a Municipal Corporation against tlw ir Treasurer 
 on his bond, charging him with not having paid over moneys received, 
 it appeared that the Corporation had a contract with one E. to build 
 bridges for them ; E. wanting money got the Reeve to indorse his note 
 for iffiOO, which was discounted by defendant at the Niagara District 
 Bank, of which he was agent, as well as Treasurer of the Munici- 
 pality. A few days afterwards another note for |400 made by E. and 
 indorsed by other persons, one a member of the Corporation, was dis- 
 counted at the same bank. When these notes were al/out to fall due, 
 a meeting of the Council took place at which defendant was present, 
 and the Reeve s\vore that it was then understood that the Council 
 should assume these two notes, and he thought the defendant waa 
 
122 
 
 THE MUNICIPAL MANUAL. 
 
 Hhli.iMlity 
 limltcU. 
 
 Corporation shall receive any money from such Treasurer for 
 any work porfonucd or to bo perfornioJ ; (/) ami such Cham- 
 boiluin or Treasurer shall not bo liable to any action at law 
 for any moneys paid by him in accordance with any By-law 
 or resolution passed by the Municip Council of the Muni- 
 cipality of which ho is the Chamberlain or Treasurer, (m) 
 
 lOSI- The Treasurer or Chamberlain of every ^lunicipality 
 return voHriy for which any sum of money has been raised on the credit of 
 WmiaiBoara ^^^ Consolidated Municipal Loan Fund, (n) shall so long as 
 ofAuiiit. any part of such sum, or of the interest thereon, remains un- 
 paid by such Municipality, transmit to the IJoard of Audit, 
 on or before the Fifteenth day of January in every year, a 
 iiciw attested Rctum, certified on the oath of the Treasurer or Chamberlain 
 and what Jt bcforc somo Justico of tho Peace, containinc the amount of 
 
 In imt. liiiow ■ 
 
 taxable property in tho Municipality according to the then last 
 Assessment lloll or Rolls, — a true Account of all tho Debts 
 and Liabilities of the Municipality for every purpose, for the 
 then last year, — and such further information and particulars 
 with regard to tho liabilities and resources of the Municipality, 
 
 niithori/.ed to chnrije tJiem both to the Corporation ; but other conn- 
 cillors examinerl did not ntyrce with the Reeve in thoir recollection of 
 what took jiliice ; and tho only resolution or minute in writing was 
 thiit the Council should give their note for $700 to be used in the 
 Niatjara District Bank by the d 'fondant. This note was accordingly 
 made by tho Reeve and endorsetl 1.7 the other members Held, that 
 under these facts the Trerisuior lun , no right to charge the Council 
 with the remaining $300. (T/io L'o>'j)Ovation of the Village of Ingerxoll 
 V. Chadwkk, 19 U. C. Q. B. 27>,) In an account rendered by defen- 
 dant to the Council, this $1,000 was charged as paid to E. and it was 
 asserted the Council made subsequent payments to him, assuming the 
 account to be correct. But, held, that assuming this to be the case, of 
 which there was somo question, the Council by omitting to notice or 
 object to tins item were not bound to pay it. (76.) 
 
 {I) See note h to sec. 73. 
 
 {m) Tiie first part of the section makes it the the duty of tho Trea- 
 surer to pay out moneys in such manner as the laws of the Province 
 and " the lawful by-laws or resolutions of the Council direct." But 
 in order, it is presumedj to relieve the Treasurer from the responsi- 
 bility of deciding what by-laws or resolutions are or are not legal, it 
 is here decided that he shall not be liable to any action for " any 
 moneys paid by him in accordance with any by-law or resolution 
 passed by the Municipal Council of the Municipality of which he is 
 Chamberlain or Treasurer." In other words, the by-law or resolution 
 whether legal or illegal, if requiring him to pay the money, is a pro- 
 tection to him. This part of the section is new and intended to relieve 
 Treasurers from the embarrassment indicated. 
 
 (k) See Con. Stat. Can. cap. 83. 
 
 li 
 
^z 
 
 THK MLNICIl'AL MANUAL. 
 
 123 
 
 as the Governor in Council mny from time to time require, (o) 
 under a penalty, in case of neglect or refusal to transmit tlio juJi'iu "^ 
 Return, aecount, information or particulars, of one hundred 
 dollars, to bo recovered with costs ns a debt duo to the Crown, 
 aocojdinf^ to the thirty-first section of the Consolidated Statutes 
 of Canada, chaptered sixteen, An Act rcsperthii/ the inUevtinn 
 and management of the Revenue, the auditing of jnihdc 
 accounts, and the llahiliti/ of public Aeeouufants ; ( p) and it 
 shall also bo the duty of such Chamborlain or Treasurer to „„,f.y^„,.|y 
 prepare and submit to the Municipal Council half yearly, a KtHtenientf.'r 
 correct statement of the moneys at the credit of the Muni- <*»» Couudi. 
 cipality whoso officer he is ; provided that in case of dismissal rroyUo. 
 from oiBce or absconding, it shall be lawful for the successor 
 to such Chamberlain or Treasurer to draw any moneys belong- 
 ing to such Municipality. (5) 
 
 ASSESSOKS AND CoIXECTOBS OK CiTIES, ToW.NSIUPS, ToWNS, AND InCOU- 
 
 roaATED Villages. 
 
 104- The Council of every City, Town, Township and ARRi-csnrs 
 
 Incorporated Village shall, us soon as may bo convenient after '",!.«, VpHnt- 
 
 the annual election, appoint as many Asssessors and C».illectors """;'': ""[i 
 
 „ ,,r.-i'i • .1 /• • . • niiiillficiition 
 
 for the 3lununpality as the Assessment laws from time to time oi. 
 authorize or require, and shall fill up any vacancy that occurs 
 in the said offices as soon as may bo convenient after the stimc 
 occurs; (/■) but the (Jouncil shall not appoint as Assessor or 
 
 (o) It is, by Con. Stat. Can. cap. 83, sec. fit, mndo the duty of tlio 
 Treasurer of any Municipality in arrcar for any funi of money under 
 thiit Act or the Municipal Loan Fund Act, to certify to the I'rovincinl 
 Secretary, within one inontli after the time when the sum of money is 
 payable, the total value of the assessable property, and the rate in the 
 dollar in such Municipalitj', for the year preceding the default. 
 
 {p) In any action for the recovery of such a penalty, it is sufficient 
 to prove bj' aiij' one witness or otiier evidence, that such return, etc., 
 ought to have been transmitted by the defendant as alleged on the 
 p.avt of the Crown ; and the onus of proving that the same was so 
 transmitted is to rest upon the defendant, (Con. Stat, Can. cap. 10, 
 sec. 31.) 
 
 (q) The latter part of this section is new. 
 
 (r) It was made a question, whether the Council, onco having 
 appointed an assessor, can cancel the appointment at their mere will 
 and pleasure. {In re McPherson and Beeinan, 17 U. C. Q. B. 99. But 
 now, see sec. 1*77 of this Act.) The Council, by resolution, appointed 
 B. assessor, who was svcorn into office, and made the assessment. Tliis 
 appointment was made by a vote of three against two. The election 
 of one of the three Councillors was afterwiirds set aside, and by n. 
 subsequent vote the resolution was rescinded, and a by-law passed 
 appointirg a different person assessor. Both made ossessmeuts, and 
 
r 
 
 124, 
 
 Assessors to 
 dt!Hi:;n»te 
 frei'holderg 
 and huiisu- 
 hcild<T8 in 
 their assBSB- 
 ment rolls. 
 
 IIiMisehdlder 
 dormeJ. 
 
 C.illpotnr of 
 I'roTisional 
 
 Council. 
 
 TIIK MUNICIPAL MANUAL. 
 
 Collector a member of the Council, (s) or a person who has 
 not the same property cjualification as that required for a Coun- 
 cillor or Alderman of the Municipality; (0 the same person 
 may, in a City, Town or Township, be appointed Assessor or 
 Collector for more than one ward or electoral division, {u) 
 
 165. The Assessors shall state in their assessment rolls 
 whether the persons named therein are freeholders or house- 
 holders, or both, (a) and shall, in separate columns for this 
 purpose, use the initial letters F. and H. to signify the same 
 respectivel}'. (6) 
 
 166- Every occupant of a separate portion of a house, such 
 portion having a distinct communication with a public road or 
 street by an outer door, shall be deemed a householder within 
 this Act. (r) 
 
 167- The Collectors of the several Townships in a junior 
 County of a union of Counties shall ex officio be Collectors in 
 such Townships for the Provisional Council, and the Collectors 
 shall pay over to the Provisional Treasurer the money they 
 collect under any ]Jy-law of the Provisional Council. (</) 
 
 ill consequence mucli confusion arose. The Court, under these oircum- 
 stances, granted a quo warranto to determine the validity of tlie last 
 appointment. (76) 
 
 (s) A member of a Council to become eligible to be api)ointed asses- 
 sor or collector would have to resign under sec. 150 or 151, before 
 accepting the appointment, 
 
 {)') See sec. TO. 
 
 («) See sec. 19. 
 
 (a) See notes to sec.7o. 
 
 (6) Great responsibilities rest upon assessors. Their work is not 
 only the basis of municipal but of parliamentary elections. It is from 
 the assessment roll, as revised and finally passed, that the list of par- 
 liamentary voters is made. 
 
 (c) A party is not the less a householder, or the loss an occupant, 
 because he lets a portion of his house to lodgers. Tlie retention of any 
 portion of the house aa his own dwelling, gives him the legal occupa- 
 tion of the whole. The occupation of a lodger is eonrddered in law 
 that of the landlord. (See PfiUliji's cane, Alcock'a Hepistration cases, 
 20; Diugenan's case, lb. 114; see also Saunders' Law and Practice of 
 Municipal Registration, 1.) No lodger, though occupying the principal 
 part of the house, is ever rated ; but the owner, how small soever the 
 part reserved to himself, is in the eye of the law the occupier of the 
 whole. {The King v. Eylcs, Cald. S. C. 411.) See further, note q to ». 1u. 
 
 {(l) The powers of a Provisional Council are not in any way intended 
 to interfere with the powers of the Council of the Union. (Sec. 45.) 
 Any money raised by the Provisional Council in the junior County is 
 independent of any money raised therein by the Council of theUnioa {lb.) 
 
THE MUNICIPAL MANUAL. 
 
 125 
 
 this 
 
 108. The money so collected shall be deemed the money Money?, 
 of the Union, so far as necessary to make the Collectors and disposed of. 
 their sureties responsible to the Union therefor; (e) and in 
 case the Corporation of the Union receives the same, such 
 Corporation shall immediately pay the amount to the Provin- 
 cial Treasurer, retaining the expenses of collection, (/) 
 
 Auditors. 
 
 169- Every Council shall, at the first meeting thereof, in Auditors. 
 every year, after being duly organized, appoint two Auditors, 
 one of whom shall be such person as the head of the Council 
 nominates; (g) but no one who, at such time, or during the 
 preceding year, is or was a member, or is or was Clerk or 
 Treasurer of the Council, (h) or who has, or during such pre- 
 ceding year had, directly or indirectly, alone or in conjunction h!,'','"*"''"*' 
 with any other person, a share or interest in any contract or I'lTixof. 
 employment with or on behalf of the Corporation, (i) except 
 as Auditor, shall be appointed an Auditor. Q") 
 
 170. The Auditor shall examine and report upon all Duties uf. 
 accounts affecting the Corporation, or relating to any matter 
 under its control or within its jurisdiction, for the year end- 
 ing on the thirty-first day of December preceding the appoint- 
 ment, (k) 
 
 (c) The Corporation of the Union is, as it were, a trustee of the money 
 for the Corporation of the Provisional Council. But as between the 
 former and its officers, it is no defence to the latter that the Corpora- 
 tion of tlie Union is not beneficially interested in the money. 
 
 (/) It would seem that a demand of some kind of the money ought 
 to be made before commencing a suit for its recovery. (See Tnistees 
 School Section No. 3, Caledon, v. The Corporation of the Toivnship of 
 Caledon, 12 U. C. C. P. 301.) 
 
 [g) The Council is to appoint two Auditors annually, but one of them 
 is to be ft person nominated by the head of the Council. Hence it will 
 be seen that a nomination by the head of tlie Council, though not in 
 terms an appointment, is, under this section, in effect the same. 
 
 (A) All persons who have been members of the Council, or held office 
 under the Council, are not disqualified, but only such as held office 
 " during tlie preceding year ; " that is, the year preceding the appoint- 
 ment. (See The Queen v. Rivers, 7 A. cfe E. 960.) 
 
 (t) As to being a contractor, or having an interest in a contract, see 
 note to s .. 73. 
 
 {j) This is to enable the same individual to bo reappointed to the 
 office of Auditor. As to the declaration to be taken by an Auditor 
 before entering on the dvities of his office, see sec. 181. 
 
 (Jc) The Auditors, wlien appointed, have a duty to perform, and that 
 duty is to examine and report upon all accounts affecting the Corpora- 
 tion, or relating to any matter under its control or within its jurisdiction. 
 <tc. Further duties are prescribed by the next following section (171), 
 
126 
 
 'HIE MUNlCirAL MANUAL. 
 
 To prepare 
 nbtlract and 
 detailed 
 statements 
 of receipts 
 and exivndl- 
 tures, 4 c. 
 
 171. The Auditors shall prepare an abstract of the receipts, 
 expenditures and liabilities of the Corporation, and also a 
 detailed statement of the said particulars, it; such form as the 
 Council directs, and report in duplicate on all the accounts 
 audited by them, and make a special report of any expenditure 
 made contrary to law, and shall file the same in the officff of 
 the Clerk of the Council within one month after their appoint- 
 ment ;(0 and thereafter any inhabitant or rate-payer of the 
 Municipality may inspect one of such duplicate reports, at all 
 seasonable hours, and may, by himself or his agent, at his own 
 expense, take a copy thereof or extracts therefrom. (?w) 
 
 17S- The Council shall, upon the report of the Auditors, 
 finally audit and allow the accounts of the Treasurer or Cham- 
 berlain and Collectors, and all accounts charjrcable against the 
 Corporation; (n) and iu case of charges not regulated by law, 
 the Council shall allow what is reasonable, (o) 
 
 Ckiktnpiii)- 173. The Clerk shall publish the Auditors' abstract and 
 andstat™'^'* Tcport (if any), nnd shall also publish the detailed statement, 
 incuts. in such form as the Council directs, (p) 
 
 The Council 
 to audit 
 tiually, (ic. 
 
 (1) The duties of Auditors, utidcr this section, may be thus clnssed : 
 
 1. To prepiire an abstract of the receipts, e.xpoiulituris and liabili- 
 
 ties of the Corporation. 
 
 2. To prepare a detailed statement of the said particulars, in such 
 
 form as the Council may direct. 
 
 3. To report in duplicate on all accounts audited by them. 
 
 4. To lile the reports in the office of the Clerk of the Council within 
 
 one month after appointment. 
 
 (>«) The ri<;'ht to inspect the Auditor's reports is extended to "any 
 inhabitant or rate-payer." Tiic ditference between an inhabitant and 
 a rate-payer is, that "inhabitant" means a resident, whether a rate- 
 payer or not, and that a " rate-paj-er " is a person who pays taxes, 
 whether a resident or not. (See The Khig v. InhuhltunU of North Cnrry, 
 4 B. tfc C. Slijl.) Mere colorable residence is insufficient to constitute 
 a person an inhabitant. (The King v. Sargent, 6 T. R. 4C0 ; The King 
 V. The Bide of Richmond, (1 T. R. 560 ; Bruee v. Bruce, 2 «. .fe P. '22'.), v; 
 The King v. Mitchell, 10 East. 511 ; Wliilhorn v. Tfiomnx, 7 M. & G. 1.) 
 
 ()() It is the duty of the Auditors, within one month after api>oint- 
 nient, to file their report. (Sec. 171.) It then becomes the duty of the 
 Council to finally audit and allow the accounts of the Treasurer, ifcc, 
 and all accounts chargeable against the Corporation. Some discretion 
 is involved in this duty. It would even appear that the Council, in 
 the performance of the duty, have power to overrule the Auditors. 
 (See. 174.) 
 
 (o) That is, a (/unntinii. meruit or reasonable compensation for the 
 services performed. 
 
 (/>) The "abstract" is one thing, r.nJ the "detailed statement'' 
 another, each of which is described in ace. 171. The lirst is to be 
 
THE MITXICIPAL MANUAL. 
 
 127 
 
 17'4, Every County Council shall have the rep;ulation and Audit of 
 auditing of all moneys to be paid out of funds in the hands of by'iroasuler 
 the County Treasurer, (q) 
 
 17«l. The Council of every County may appoint two or county 
 more Valuators within the County, for the purpose of valuing .pP^'l^'^ 
 the real and personal property, whose duty it shall be to asccr- ▼ iuators. 
 tain the value of the same, as directed by the County Council j ^^c." ^"*'*'' 
 but such Valuators shall not exceed the powers possessed by 
 Assessors under this Act; and the valuation so made may be 
 made the basis of equalization by the County Council for a 
 period not exceeding five years, (r) 
 
 Salarie.9 and Coxtisuasce in Office. 
 ] 76. In case the remuneration of any of the officers of the gg,„jag ^f 
 Municipality has not been settled by Act of the Legislature, onicera. 
 the Council shall settle the same, and the Council shall provide 
 for the payment of all municipal officers, whether the remune- 
 ration is settled by statute or by By-law of the Council, (s) 
 
 printed and published by the Clork, the second is to bo published under 
 the direction of the Council. 
 
 (q) The power of the Countj' Council is to regulate and audit all 
 moneys to be paid, Ac. The word " regulate " appears to refer to an 
 order prior to paj-nient, as does the word " audit " refer to an act 
 done after jjayiuent. The Council have, under sec. 172, a general 
 power to finally audit and allow all the accounts of the Treasurer, <tc., 
 and all accounts chargeable against the Corporation. 
 
 (v) This section is new. Hitherto a County Council arrived at the 
 value of lands situate in the several local municipalities of the Count}', 
 merely by a process of equalization on an assumed or arbitrary valua- 
 tion, with the object of producing a just relation between the differcint 
 local municipalities without reducing the aggregate Valuation of the 
 whole Couutv. This has been found unsatisfactory, and for remedy 
 the section fiere annotated lias been enacted. The appointment of 
 County valuators is the main feature of the new remedy, and is left 
 discretionary with the County Councils. The purpose of the appoint- 
 ment is " the valuing the real and personal property " in the County. 
 The dut}' of the valuators, when appointed, is to ascertair the value, 
 " as directed by the County Council," but on this stipulation, that 
 they (the valuators) are not to " exceed the powers possessed by 
 assessors under this act." When the valuation is made in any parti 
 cular year, it may be made the basis of equalization by the Countj' 
 Council " for a period not exceeding five years." 
 
 (s) Under a power to remunerate all " township officers," it was held 
 that Municipal Councillors had no authority to remunerate themselves. 
 {Ill re Wriyht and the Municipal Council of the Toivuship of Cornwall, 
 9 U. C. Q. B. 442 ; Daniels v. The Municipal Council of the Township of 
 Burford, 10 U. C. Q. B. 478.) And it was made a question whether 
 ■ the Warden of a County is to be deemed an officer, so as to be entitled 
 
128 
 
 Of Chamber- 
 lain or 
 Treasurer. 
 
 Prclanttioii 
 of Qualifica- 
 ttoD. 
 
 IVirra of 
 
 THE MUNICIPAL MANUAL. 
 
 177. The Chamberlain or Treasurer may be paid a salary 
 or percentage ; (f) and all officers appointed by a Council shall 
 hold office until removed by the Council, («) and shall, in 
 addition to the duties assigned to them in this Act, perform all 
 other duties required of them by any other statute, or by the 
 By-laws of the Council having jurisdiction over such officers.(?;) 
 
 Official declarations. 
 
 178. Every person elected or appointed under this Act («) 
 to any office requiring a qualification of property in the in- 
 cumbent (ft) shall, before he takes the declaration of office, or 
 enters on his duties (c), make and subscribe a solemn declara- 
 tion to the effect following : (c?) 
 
 " T, A. B., do solemnly declare, that I am a natural born 
 '• (j)r naturalized) subject of Her Majesty ; that I am truly 
 " and hoHuJide seized or possessed to my own use or benefit, 
 " of such an Ciitnte,(specifj/in(; the nature of such estate, and if 
 " ]and^ des!(jnatin<j the same hy its local description, rents or 
 
 to remuneration as such. {The Queen v. The District Council of ike 
 Township of Gore, 5 U. C. Q. B. 357.) But now such questions are to 
 a certain extent set at rest, for it is made lawful for the Council of every 
 Township and County to pass by-laws for paying the members of tlie 
 Council for their attendance in Council and mileage. (See. 271.) 
 Where a Munici- pal Council, in 1850, passed a vote assigning to tlie 
 Clerk of the Peace a fixed salary for that year, " in lieu of all fees," 
 it was held (the Jury Act, 13 <fe 14 Vic. cap. 55, having been subse- 
 quently passed;, that this could not debar him from claiming the fees 
 allowed by that statute for preparing the jury hooka for the following 
 year. (Pringle v. McDonald, 10 U. C. Q. B. 254.) 
 (t) The appointment of this officer is authorized by sec. 161. 
 
 (7t) That is, during the pleasure of the Council. (See In re McPherson 
 andBccman, 17 U. C. Q. B. 99.) 
 
 {v) Duties are in this act prescribed for such officers asCliamberlains, 
 Treasurers, Collectors, Assessors and Auditors, but the Council arc 
 here empowered to impose additional duties ou these and all other 
 officers of the Council. (See The Corporation of the Township of Beverlen 
 V. /^rtci, 11 U. C. C. P. 473.) 
 
 (a) As to the difference between an election and 
 note s to sec. 129. t 
 
 (6) Assessors and Collectors for example (sec. 164.) 
 
 (t) The election of a Reeve by Township Councillors has been held 
 "a duty," witiiin the meaning of this section, rendering it incumbent 
 on the Councillors, before proceeding to the election, to take the neces- 
 sary declaration. {In re JIatek and Ballard, 3 U. C. C. P. 241.) 
 
 (d) Declarations are in many parts of this act substituted ;or oaths ; 
 but it must not be forgotten that the wilful making of any false state- 
 ment required or authorized by this act, is a misdemeanor pmishable 
 as wilful and corrnpt perjury. (Sec. 421.) 
 
 appointment, see 
 
m 
 
 THE MUNICIPAL MANUAL. 
 
 129 
 
 <i 
 
 « 
 
 *' otherwise,) as doth qualify me to act, in the office of (naming 
 *' the office) for (naming the place for which such penon has 
 
 been elected or appointed) according to the true intent and 
 
 meaning of the Municipal Laws of Upper Canada." 
 
 179- Every Returning Officer and Returning Officer's Dedantion 
 Clerk, every township, village and town councillor, every city ofoffl«. 
 Alderman, every Justice of the Peace for a town, and every 
 clerk, asHcssor, collector, constable and other officer appointed 
 by a council, shall also, before entering on the duties of his 
 office, make and subscribe a solemn declaration to the effect 
 following : (c) 
 
 " I, A. B., do solemnly promise and declare, that I will »ormof 
 " truly, faithfully and impartially, to the best of my knowledge SP^fflJ^!*"" 
 " and ability, execute the office of (inserting the name of 
 " the office) to which I have been elected (or appointed) in 
 •' this township (or as the case may he) and that I have not 
 " received and will not receive any payment or reward, or 
 " promise of such, for the exercise of any partiality or raalver- 
 " sation or other undue execution of the said office, (g) and 
 " that I have not by myself or partner, either directly or in- 
 " directly, any interest in any contract with or on behalf of 
 " the said corporation. (A) 
 
 180. The solemn declaration to be made by every Mayor Denuiofdis- 
 and Alderman, and by every Township, Village and Town qnaUfjing 
 Councillor, shall also state that be has not by himself or his to*take.'^'"' 
 partner an interest in any contract with or on behalf of the 
 corporation, (i) 
 
 181. The solemn declaration (j) to be made (k) by every Auditor's 
 Auditor (Z) shall be as follows : declaration. 
 
 («) See note d to sec. 178. The declaration made necessary by this 
 section is to be taken in addition to the one required by sec. 178. 
 
 ( g) Tliia is a general declaration of office, and is intended to be 
 administered, in addition to the officers specified, to all officers appoin- 
 ted by the Council. 
 
 [h) As to what is an interest in a contract with or <hi behalf of a 
 Municipal Corporation, see note A to seo. 73. 
 
 (i) This is, as regards Aldermen, Township, Village and Town 
 Councillors, a repetition of sec. 179. 
 
 (j) See notet? to sec. 178. . ■ - ' 
 
 (A) To be made before he enters on the duties of his office. (See 
 
 3ec. 178, etaeq.) 
 
 (I) As to the appointment of Auditors and qualifications necessary, 
 see sec. 169. 
 
 9 
 
130 
 
 THE MUNICIPAL MANUAL. 
 
 Form of. 
 
 y 
 
 m 
 
 '1; 
 
 &'i' 
 
 ¥: 
 
 ■ : ; 
 
 (I 
 
 Heads aad 
 other mem' 
 bers of the 
 Council, 
 
 "1, A. B., having been appointod to the office of Auditor 
 
 for the Municipal Corporation of , do hereby 
 
 promise and declare that I will faithfully perform the duties 
 of such office according to the best of my judgment and 
 ability ; and I do solemnly declare, that I had not directly 
 or indirectly any share or interest whatever in any contract 
 or employment {except that of Auditor, if re- appointed) 
 '-\'\ by or on behalf of such Municipal Corporation, during 
 ear preceding my appointment, and that I have not 
 u/ '■ 1 tract or employment (except that of Auditor^ if re' 
 appointed) for the present year." 
 
 jj 89- Tbe head and other members of the Council and the 
 subor'...uate ^ ...oera of every Municipality, shall make the 
 declaration of ohlcc and qualification before some Court, Judge, 
 I^deXe!"" Recorder, Police Magistrate or other Justice of the Peace 
 having jurisdiction in the municipality for which such head 
 members or officers have been elected or appointed, or before 
 the Clerk of the Municipality, (w) 
 
 Certificate of 183. The Court, Judgo or other persons before whom 
 deciaratioD. guc^ declarations are made, shall give the necessary certificate 
 of the same having been duly made and subscribed, (n) 
 
 184- The head of any Council, any Alderman, Reeve or 
 Deputy Reeve, any Justice of the Peace and the Clerk of a 
 Municipality, may, within the Municipality, administer any 
 oath, affirmation or declaration under this Act, relating to the 
 business of the place in which he holds office, except where 
 otherwise specially provided, and except where he is the party 
 required to take the oath or affirmation, or make the declar- 
 ation, (o) 
 
 18cS. The deponent, affirmant, or declarant shall subscribe 
 
 (m) This section enables the Heads of Councils, &c., to make the 
 necessary declarations without the restrictions as to Court or Judge 
 which formerly existed. In some respects this section has been already 
 commented upon. (See note a to sec. 117.) 
 
 (n) The certificate is to the effect that the declaration has been 
 made and subscribed — two things essentially different, but each neces- 
 sary to complete the taking of the declaration. (See TJie Queen ex rel. 
 ifcManm v. .'='■ yuson, 2 U. C. L. J., N. S., 19.) 
 
 (o) The authority of the officers named is not to administer all oaths, 
 but only such as relate to the business of the place in which the per- 
 son administering the oath holds office — with the exceptions men- 
 tioned. 
 
 Head of 
 Council and 
 Reeveg may 
 administer 
 oaths, &c. 
 
 Oath or 
 
THE MUNICIPAL MANUAL. 
 
 131 
 
 every such oath, aflSrmation or declaration, (p) and the person dteciaration 
 administering it shall duly certify and preserve the same, and «.ribedan«! 
 within eight days deposit the eauie in the ofl5ce of the Clerk ^'>p*- 
 of the Municipalty to the affairs of which it relates, (g) on 
 pain of being deemed guilty of a misdemeanor (r) 
 
 186. Every qualified person duly elected or appointed to Penalty for 
 
 . ^7 . 1 1 Ti T^ T> A Ml refusing to 
 
 be a Mayor, Alderman, Reeve or Deputy Keeve, Councillor, accept office 
 Police Trustee, Assessor or Collector of or in any Munici- ^^^^^4^^* 
 pality, (s) who refuses such office, (<) or does not make the 
 declarations of office and qualification within twenty days after 
 knowing of his election or appointment, (u) and every person 
 authorized to adminiater any such declaration, who, upon rea- 
 sonable demand, (v) refuses to administer the same, shall, on 
 conviction thereof before two or more Justices of the Peace How 
 under and subject to the Consolidated Act of Canada respect- *"'*'"*'*• 
 ing the duties of Justices of the Peace out of Sessions, in rela- 
 tion to summary convictions and orders, forfeit not more than 
 eighty dollars nor less than eight dollars, at the discretion of 
 such Justices, to the use of the Municipality, together with 
 the cost of prosecution, (w) 
 
 (p) A deponent is one who makes a lawful oath. An affirmant i.s 
 one who by law is permitted to affirm when otherwise he would be 
 required to make an oath. And a declarant is a person who, instead 
 of making either oath or affirmation, makes a solemn declaration, 
 which, if false, is visited with punishment as much as either an oath 
 or affirmation. (See note d to sec. 178.) 
 
 {q) The duty of the person administering an oath, Ac, of the kind 
 authorised, is two-fold, Jirst, to certify and preserve the same, and 
 secondly, within eight days to deposit the same in the place mentioned. 
 
 (r) As to misdemeanors, see note t to sec. 65. 
 
 (.s) This provision apparently applies only to a case in which the 
 party is himself returned at the election, and not to a case in which, 
 though he was in truth elected, another person was improperly re- 
 turned. (See The Queen v. Cooks, 3 El. & B. 249.) 
 
 (<) This renders the acceptance of the offices mentioned obligatory, 
 at the risk of the penalty which follows refusal. Besides, it would 
 seem that the mere payment of the penalty is no excuse for non-accep- 
 tance of the office. (The Queen ex rel. Masdett v. Rochester, 7 U. C. 
 L. J. 101.) Nor does the neglect to accept office work a forfeiture of 
 the office. (The Queen ex rel. Forsyth v. Lolsen, 7 U. C. L. J. 71.) 
 
 (m) The gist of this is the scienter or knowledge of the appointment. 
 (See The Queen v. Preece, 6 Q. B. 94.) 
 
 (v) The demand is to be reasonable, that is, to be made in a rational 
 manner, and at seasonable hours. 
 
 (w) To be enforced, it is presumed, by warrant, in the manner 
 directed by the Con, Stat. Can. cop. 103. (See sec. 246, sub-sees. 6, 7, 8.) 
 
132 
 
 THE MUNICIPAL MANUAL. 
 
 KmbezT.le- 
 meuta l)y 
 mutiidpal 
 oflicers. 
 
 OFFENCES. 
 
 The Embezzlement of Books, Moneys, d'c. 
 
 1H7. All books, papers, accounts, documents, moneys 
 and val'iable Becurities respectively, by any person or oflicer 
 appointed or employed by or on behalf of any Council, kept 
 or received by virtue of his office or employment, sball be the 
 property of the Corporation j (a") and in case any such person 
 or officer refuses or fails to deliver up or pay over the same 
 respectively to the Corporation, or to any person authorized by 
 the Council to demand them, he shall be deemed guilty of a 
 fraudulent embezzlement thereof, (6) and may be prosecuted 
 and punished in the same manner as a servant fraudulently 
 embezzling any chattel, money or valuable security of his 
 master ; (c) but nothing herein shall affect any remedy of the 
 Corporation or of any other person against the offender or his 
 sureties, or any other party ; nor shall the conviction of such 
 offender be receivable in evidence in any suit, at law or in 
 equity, against him. (d) 
 
 ri 
 
 (a) So as to enable the Corporation to maintain civil actions for or 
 in respect of them, or to prosecute criminally when the offence of 
 embezzlement is committed. 
 
 (b) This is a most important provision. It is in the first place 
 declared that all books, papers, accounts, documents, moneys, and 
 valuable securities, by any person or officer appointed by or on behalf 
 of the Council, Ac, kept or received, are the property of the Corpora- 
 tion. In the next place it is declared that if any tuch person refuse or 
 fail to deliver up or pay over the same, he aluill be guilty of a fraudu- 
 lent emhezzUment thereof, «fec. Refusal or failure apparently constitutes 
 the offence, regardless of intention. Embezzlement is a statutable 
 stealing, and is an offence of a serious nature. 
 
 (c) For the punishment of embezzlements committed by clerks and 
 servants, it is enacted, that if any clerk or servant, <fec., shall, by virtue 
 of his employment, receive or take into his possession any chattel, 
 money or valuable security, for or in the name of or on account of his 
 master, and shall fraudulently embezzle the same or any part thereof, 
 every such offender shall be deemed to have feloniously taken the 
 same from his master, although such chattel, money or security was 
 not received into the possession of such master otherwise than by the 
 actual possession of the clerk, servant or other person so employed. 
 (Con. Stat. Can. cap. 92, sec. 42 ; lb. cap. 99, sees. 68, 59 ; and the 
 leading case of The Queen v. Cummings, in Appeal, 4 U. C. L. J. 182.) 
 The punishment is impi'isonment in the Provincial Penitentiary at 
 hard labour for any term not exceeding fourteen nor less than seven 
 years, or imprisonment in any other prison or place of confinement for 
 any term not exceeding two years. (Con. Stat. Can. cap. 92. sec. 41.) 
 
 (d) The civil remedy is to be distinct from, and independent of, the 
 criminal procedure for punishment of the offender. 
 
THE MUNICIPAL MANUAL. 
 
 133 
 
 Steauso "\VniT3 OF Elections, Poll Books, &c. 
 188. If any person steals, or unlawfully or maliciously, 
 either by violenoe or stealth, takes from any Deputy Returning 
 Officer or Poll CMerk, or from any other person having the 
 lawful custody thereof, or from its lawful place of deposit for 
 the time being, or unlawfully or maliciously destroys, injures 
 or obliterates, or causes to bo wilfully or maliciously destroyed, 
 injured or obliterated, or makes or causes to be made any 
 erasure, addition of names or interlineation of names, into or 
 upon, or aids, counsels or assists in so stealing, taking, des- 
 troying, injuring or obliterating, or in making any erasure, 
 addition of names or interlineation of names into or upon any 
 Writ of J'^lection, or any Return to a Writ of Election, or any 
 Indenture, Poll Book, Certificate or Affidavit, or any other 
 document or paper made, prepared or drawn out according to 
 or for the purpose of meeting the requirements of the law in 
 regard to Municipal Elections ; (e) every such offender shall 
 be guilty of felony, (/) and shall be liable to be imprisoned 
 in the Proviucial Penitentiary for any term not exceeding 
 seven nor less than two years, or to be imprisoned in any 
 other place of confinement for any term less than two years, (</) 
 
 (c) If any person — 
 
 1. Steals. 
 
 2. Unlawfully or maliciously, either by violence or stealth, takes 
 
 from any Deputy Returning Officer, or poll clerk, or from any 
 other person having the lawful custody thereof, or from its 
 lawful place of deposit for the time being ; 
 
 3. Unlawfully or maliciously destroys, injures or obliterates, or 
 
 causes to be wilfully or maliciously destroyed, injured or obli- 
 terated ; 
 
 4. Makes or causes to be made any erasure, addition of names, or 
 
 interlineation of names, into or upon ; 
 
 5. Aids, counsels or assists in so stealing, taking, destroying, injuring 
 
 or obliterating, or in making any erasure, addition of names, 
 or interlineation of names, into or upon ; 
 
 Ani/ writ of election, or any return to a writ of election, or any 
 indenture, poll-book, certificate or affidavit, or any other document or 
 paper, made, prepared or drawn out, according to or for the purpose of 
 meeting the requirements of the law in regard to municipal elections, 
 shall be guilty, Ac. 
 
 The words, " any other document," Ac, do not include the assess- 
 ment roll, which is the foundation of the poll-book and several of the 
 other documents mentioned. ( The Queen v. Preston, 21 U. C. Q. B. 86.) 
 So that it has been held that an indictment will not lie for forging or 
 altering the assessment roll for a township deposited with the Town- 
 ship Clerk. (lb.) 
 
 (/) See note b to sec. 98. 
 
 {(/) Two years common gaol would be illegal. (See The Queen v 
 
 Stealing! or 
 degtioj'inir, 
 Ac, certain 
 documentH 
 relating tu 
 MuQiclpal 
 Elections to 
 bo felony. 
 
 Funii<hmect. 
 
1 
 
 134 
 
 Value of 
 document 
 need not be 
 stated. 
 
 Curtain 
 
 KectlODR to 
 
 apply to all 
 Munlcipali- 
 
 tiff- 
 
 TiOcal 
 
 jiirlsdlctlnn 
 of CounciU. 
 
 THE MUNICHPAL MANUAL. 
 
 or to suffer such other punishtnent bj? fine or imprisoDinent, 
 or both, as the Court shall award ; (h) and it shall nut in any 
 indictment for any such offence be necessary to allege that the 
 article in respect of which the offence has beon committed, 
 was or is the property of any person, or that the same was or 
 is of any value, (i) 
 
 PROVISIONS APPLICABLE TO ALL COUNCILS. 
 
 189- The following sections numbered from one hundred 
 and ninety to two hundred and forty-four, both inclusive, 
 relate to all Municipalities, namely 
 
 1. Townships, 
 
 2. Counties, 
 
 S. Provisional Corporations, 
 
 4. Cities, 
 
 5. Towns, and 
 
 6. Incorpor. Villages. (7) 
 
 JURISDICTION OF COUNCILS. 
 
 190- The Jurisdiction of every Council shall be confined 
 to the Municipality the Council represents, except where 
 authority beyond the same is expressly given, (^) and the 
 
 FowcU, 21 U. C. Q. B, 215 ; The Queen v. Travers and Green, C. P. T. T. 
 1866, J/. /8.) 
 
 (h) There may be cither fine or imprisonment, or fine and imprison- 
 ment, as tiie Court may award. 
 
 (i) It is apprehended that the species of property must be proved as 
 laid. Thus, if the stealing alleged were of a writ of election, it would 
 not be sufficient to prove the stealing of tlie poll-book merely. But if 
 several articles, such as writ of election, poll-book, and inaenturc, it 
 will be sufficient to prove the stealing of any one of them. So if not 
 a stealing but an obliteration or alteration be alleged. (See Arch. Crl. 
 PI. 212, 15 Ed.) 
 
 {j ) Police villages are neither enumerated here nor intended to bo 
 included under the operation of the sections from sec. 18(> to sec. 240 
 inclusive. A police village is not a municipality, within the meaning 
 of this Act. (Sec. 422, sub-sec. 1.) 
 
 (A) A Municipality, whether a County, City, Township, or Village, 
 is a locality ; and a Municipal Council is the governing body of that 
 locality. Beyond the limits of the locality the Council has not in 
 
 feneral any authority whatever. For this reason the section begins 
 y declaring that " the jurisdiction (or authority) of every Council 
 shall be confined to the Municipality (or locality) the Council repre- 
 sents." Thus one Township Council has no power to impose any 
 regulations on a township of which it is not the Council. So of every 
 other local Municipality. The proposition is so reasonable and so self- 
 evident that little more is required to be said about it. Nor can one 
 Municipal Council, in general, benefit another Municipality at the 
 expense of its own ; for instance, build a school house in a township 
 of which it is not the representative. This too is an unmistakable 
 proposition, but as between Townships and Counties not eo clear as 
 
THE MUNICIPAL MANUAL. 
 
 135 
 
 powers of the Cotmoil shall be exercised by By-law when not 
 otherwise authorized or provided for. (/) 
 
 the preceding. For many ,. arposes a Township is within the jurisdic- 
 tion of the Conncll of the Connty in which it is lituate, and is subject 
 to be taxed for county parposes h^- the Connty Conncil ; but the riglit 
 of a Township Council to tax itself in aid of the county, is limited. 
 It would seem that a Township Council has no right voluntarily to 
 pass a by-law imposing a rate in aid of a county rate. (Fletcher v. 
 The Municipality of the Townthip of Suphratia, 18 U. C, Q. B 129.) 
 So the right of a 'I\)wnship Council to pass a by-law in aid of the cost 
 of a school-houBe ordered by the County Conncil is doubtful. {Kennedy 
 V. The Municipal Council of Sandwich, 9 U. C. Q. B. 326.) So a Town- 
 ship by-law was quashed as to so much of it as related to the raising 
 of a sum of money tw defray the demands of the County Council on 
 the Township, as an equivalent to the Oovernment school grant, ibc., 
 it not appearing on the face of the by-law that it was directed to the 
 purpose of meeting a deficiency, nor even that there was any, if that 
 would have authorized the by-law. {Flttcher v. The Municipality of 
 the Township of Euphratia, 18 U. 0. Q. B. 129.) 
 
 (/) The jurisdiction of every Conncil is not only to be confined t^ 
 the Municipality the Conncil represents, but is to "be exercised, when 
 not otherwise provided for, by by-law- When a corporation is duly 
 erected, the law tacitly annexes to it the power of making by-law^ or 
 private statutes. This power is included in every act of incorpora- 
 tion ; for, as is quaintly observed by Blackstone, " as natural reason 
 is given to the natural body for governing it, so by-laws or statutes 
 are a sort of political reason to govern the body politic." (I Bl. Com. 
 476.) Though the power to make by-laws is unquestionably an inci- 
 dent of every Corporation, it is rarely left to implication ; but is 
 usually, as in the present case, conferred by the express terms of the 
 Act of Parliament. And where the act enables the corporation to 
 make by-lays in certain cases and for certain purposes, its power of 
 legislation is limited to the cases and objects specified — all others be- 
 ing excluded by implication. (Angel A Ames on Corporations, § 328.) 
 The legislation of a municipal body is at all events confined to the 
 objects of its incorporation. {lb.) And a by-law has the came for'ie 
 within its limits and with respect to the persons upon whom it In ^' - 
 fully operates, as an Act of Parliament has upon people at laig'. 
 {Hopkins v. Mayor of Swansea, 4 M. A W, 640.) The Courts upon 
 general principles recognize judicially what Municipal Councils are 
 competent to do, and hold that it is not necessary for them to recite 
 in a by-law all that is requisite to show that they have proceeded 
 regularly in passing it. ( Orierson v. The Muwcipal Conncil of Ontario, 
 9 U. C. Q. B. 623 ; Fisher v. The Municipal Council of Vaughan, 10 U.C^ 
 Q. B. 492.) 
 
 Municipalities with the very best intentions are frequently plunged 
 in difficulties by reason of defects in the by-laws they pass. Their 
 powers are large, the matters in respect to which they are empowered 
 to make by-laws, extensive and varied. The members of the corpora- 
 tions however competent in other matters, are not in general equal to 
 the task of preparing complicated by-laws that require not only an 
 acquaintance with the provisions of the statutes, but a familiarity with 
 
186 
 
 TUE MUNIOIFAL MANUAL. 
 
 .1, 
 
 : 'i 
 
 i' 1 
 
 § 
 
 :'^ 
 
 Ooneral 
 jiowor to 
 iimko local 
 rogulatloni. 
 
 191. Every Council muy make Regulafions (m) not specifi- 
 cally provided for by this Act, and uut contrary to law, for 
 
 the general principles of law and the decisions of titc Courts. It is no 
 matter of surprise tlierefore tliat county as well as lesser niunieipnlticR 
 occasionally transgress their powers, or omit some uecoNHary inatlur 
 of form, and tho by-laws they pass turn out to be illegal aiidinopiru 
 tive. (2 U. C. L. J. 188.) 
 
 It is a common belief that a municipal body can do by resolution 
 whatever may bo done by by-law. Nothing can be more erroiicniiM or 
 more tend to the insecurity of municipal government. (Soo The (/iiren 
 ex rd. AUimaivg v. Zotger, 1 U. C. Prao. R. 219.) The gciieriil prin- 
 ciple known to the common law is that a corporatian of the kind can 
 only act through its seal, and that its rules and regulations, whctluT 
 general or special, should also be embodied in by-laws under seal. 
 (Sec. 190,) But among people generally, and among that cIhhs cdni- 
 posiiig Municipal Councils i)articulnrly, there is a dislike of foriiiality, 
 and in consequence the too frequent abandonment of by-laws for mere 
 orders or resolutions. Now the proceedings of a Municipal ("ounci 
 tlmt may be lawfully had by order or resolution, are comparativcdy 
 few and unimportant. A by-law should not be dispensed with unlcs.s 
 in a very clear case. In fact, whenever a Municipal Council is in doubt 
 whether it can or cannot do a particular thing by order or resolution, 
 it would be much safer and wiser, owing to the doubt, to use a by-law. 
 Were thi^, as a rule, understood and followed, it would prevent nuicli 
 confusion in the administration of municipal affairs. Another common 
 but erroneous belief is, that a Municipal Council can by order or reso- 
 lution do that which, if done through a by-law, would be illegal. This 
 it cannot do. No Municipal Council can do that informally which it 
 has no power to do directly and formally. {Danieh v. The Municipal 
 ConncU oj the Tomiship of Burford. 10 U. C, Q. B. 478.) A l)y-law. 
 order or resolution, which revives an illegal by-law, is of course itself 
 illegal. (Canada Company \. The Municipal Council of tl^ Coimff/ of 
 Oxford, 9 U. C. Q. B. 667.) An order or resolution dul^ signed and 
 sealed is virtually a by law ; but many orders and resolutions puaa bj' 
 mere vote, without being thus authenticated. The municipal rules of 
 proceeding generally require more formal steps to be taken in passiii^L; 
 a by-law than in adopting an order or resolution. The power to make 
 by-laws necessarily supposes the power lo enforce them by pecnniary 
 penalties, competent and proportionable to the offence. It is impos- 
 sible to lay down any rule as to what is a reasonable penalty, for thi.s 
 must be determined by the nature of the off'ence. (Angell &, Ames on 
 Corporations, 361.) Fifty dollars would appear to be the general 
 maximum (sec. 246, sub.soc. 6.) The penalty may be levied by dis- 
 tress, and, failing that, by imprisonment of the offender. (lb. sub-sees. 
 7, 3.) In construing a by-law, «fec., the court will look at the whole 
 of it, to ascertain its meaning, and construe one part with another, 
 or otlier parts, so as if possible to give full eff^cct to the whole, ilnre 
 Cameron and the Municipality of East Nintouri, 13 U. C. Q. B. 190.) 
 
 (in) Regulations. — It is not stated in what manner these regulations 
 are to be made, wliether by-law, order or resolution. It is certainly 
 not stated that they are to be made by order or resolution. And it is 
 elsewhere provided that the powers of a Municipal Council, " when not 
 
Iv 
 
 THE MUNICIPAL MANUAL. 
 
 V) 
 
 >t 
 
 fifi'iicnil 
 
 povcrninn; the procoiMHnp;s of the Council — the conduct of Its To ivRnUtK 
 
 niotiibors — and the iippointin;j; or cullin<» of spocial nicetinj»s „"'d,,rc!^t„,i. 
 
 of th(! Ciiuncil, and generally such other rejiulationn un the '"S": 
 pood of the inhubitants of the J>Tunicipality requires, (») and 
 
 othcrwiso mithorizorl or provii'vid for," shall bo exercised bj' hii-Uiu'. 
 (Sec. I'.io.) Llttlo doubt therefore oxihts In the mind of the etlltor, 
 but flmt. liio rejjulations in thin section inuntioneil must lie in the form 
 of by-hiwa. (Heo note c to sec, 190.) 
 
 (n) livery Municipal Council is under this section empowered to 
 make rc;;ulations for tlie following purposes : 
 
 1. The iroverning of the proceedings of tho Council 
 
 2. For the conduct of its members. 
 
 a. For aiiiiointing special meetings of the Council. 
 
 4, F"i" calling such meetings. 
 
 5. And generally such other regulations as the -ood of tho inhabi- 
 
 t Mills requires. 
 
 Prov'tilt'tl tliero bo no such regulations spocifically given in this Act, 
 and provided tho regulations be not contrary to law. 
 
 It is a principle npplieablc to every regulation of a Municipal Cor- 
 poration, first, that it bo not contrary to the municipal acts or lnw 
 authorizing tiie formation of the corporation, and, scfondly, thai it be 
 not contraiy to the general law of tho laud. 
 
 Firxl — 'riie regulations of a Municinal Council must not bo incon- 
 sistent witli the Municipal acts, for these acts create it an artificial 
 being, impart to it its power, designate its object, and prescribe its 
 mode of operation. They arc in sbort tho constitution of the Corpo- 
 ration. Hence all laws in contravention of them are void. TIk; true 
 test of all by-laws, says Mr. Justice Wilraot, " is the intention of the 
 Crown in granting tho charter ond tho apparent good of tlio corpora- 
 tion." ['Iliv King \. Spencer, ^T^wn. 1838.) So of a Municipal Council 
 it may be said that the true test of a by-law is the intet^tion of the 
 Legislature in incorporating the Council, and the apparent good of tho 
 Municipality affected. Mr. Justices Yate, in tho same case, said, 
 " Corporations cannot make by-laws contrary to their constitution. 
 If they do so, they act without authority." {lb. ; but see " The Ca.so 
 of Cori)orationB," 4 Co. R. 77, 78.) As transcending the Municipal 
 Acts, l)y-law9 creating a now office, imposing an oath of office where 
 none is required by the acts, giving a vote to a class of persons not 
 entitled to vote by law, qualifying persons to be candidates not quali- 
 fied b}' the acts, giving a castmg vote to an officer not entitled to it 
 by the acts, restricting or extending tho right of admission or eligi- 
 bility to oiiice, altering tho prescribed mode of election, or imposing 
 new or additional tests or qualifications either on members or voters, 
 would be void. (See Angell & Ames on Corporations, 345.) 
 
 Second. — The law of a country being as well a rule for the proceed- 
 ings of corporations as for the conduct of individuals, all by-laws 
 contrary to the common or statute law of the country are void. " All 
 by-laws," says Ilobart, '■ must ever be subject to the general law of 
 the realm, and subordinate to it." {Norria v. Staps, Hob. 21(.) For 
 tliis reason, a bydaw " impairing the obligation of contracts," or taking 
 "private property for public uses without just compensation," would 
 be void. ( Angell <fe Ames on Corporations, 333. But where a statute 
 authorized the corporation of a city to make bydaws " regulating," or 
 if necoisary " preventing," the interment of the dead within the city, 
 

 138 
 
 THE MUNICIPAL MANUAL. 
 
 lii 
 
 >m 
 
 T(. repeal or niav repeal, alter and amend its Ky-laws, save as by this Act 
 """^'J'-'"'"' restricted, (o) 
 
 it was held that though that corporation had granted lands for tho 
 purpose of interment, and had covenanted that they should be quietly 
 enjoyed for that purpose, yet that the corporation was not thereby 
 estopped from passing a by-law forbidding such interment, under a 
 penalt}'. (Fb.) This case was decided on the ground that the legis- 
 lative power of the corporation over this subject was delegated to it 
 /or the good of the city, and that the by-law passed was to be regarded 
 as if passed by the legislature ; that no person is entitled to use his 
 property so as to injure another, and that no covenant could give hira 
 power so to do, even though made with the corporation ; since, as 
 tending to control and embarrass the exercise of its important powers 
 as a local legislature, the covenant, when it came in competition with 
 them, must give way or was repealed. {lb.) The legislative power 
 of a corporation is not only restricted by the statute law, but by tho 
 general principles and policy of the common law. Indeed, whenever 
 a by-law seeks to alter a well-settled and fundamental principle of , 
 the common law, or to establish a rule interfering with the rights or 
 endangering the security of individuals or the public, a statute d 
 other special authority emanating from the creating power must be 
 shown to legalize it, either expressly or by implication. It is upon 
 tins principle that, though many by-laws passed by the ancient muni- 
 cipal corporations in England for the regulation of trade have been 
 adjudged good, yet many were adjudged void as in restraint of trade 
 and an oppression of the subject. (Angell «fe Ames on Corporations, 
 335.) In New York, where the trustees of a village corporation were 
 empowered to make such prudential by-laws, rules and regulations as 
 they from time to time should deem meet relative to " huckster shops 
 in said village," provided they were not inconsistent witli the laws of 
 the State, or of the United States, it was held that a by-law passed by 
 the trustee!, that hucksters should take and pay for a license from 
 the trustees, under a penalty, especially where it did not expressly 
 appear that prudence required such a by-law, was in restraint of 
 trade and void, as contrary to the general principles and policy of the 
 State, (lb. 335.) There are however numerous municipal ordinances 
 and bj'-laws affecting the property of the subject, such ns ordinances 
 requiring the owners of lots fronting on certain streets to fix curb 
 stones and make a brick way in front of their lots, or assessing the 
 owners of buildings for similar purposes, affecting and regulating 
 certain occupations and modes of using and exhibiting certain animals, 
 such as by-laws prohibiting unlicensed persons from removing house 
 dirt and offal from the city, prohibiting farmers from occupying stands 
 for the purpose of selling in certain streets constituted by by-law a 
 part of the city market, prohibiting the keeping of bowling alleys for 
 gain, prohibiting the driving or riding of horses on a trot or gallop in 
 the streets of a city, or the public exnibition of stud horses in a city, 
 or requiring coal, Ac, to be weighed, which in the United States are 
 held reasonable and valid, as no more than a proper exercise of that 
 general legislative power usually vested in municipalities, for the duo 
 police and government of their crowded thoroughfares. (lb. 330 ; see 
 also sec. 264 of this act and *he act passim ) 
 
 (o) It need hardly be mentioned that the same body as a municipal 
 council, which has power to make has power to repeal by-laws ; it 
 
THE MUNICIPAL MANUAL. 
 
 139 
 
 BY-LAWS OF COUNCIL. 
 How Authenticated. 
 199. Every By-law shall be under the Seal of Corporation 
 
 IIow by-laws 
 
 ' to1)e aiithen- 
 
 and shall be signed by the Head of the Corporation, or by the.ticated 
 person presiding at the meeting at which the IJy-law has been 
 passed, and by the Clerk of the Corporation, (p) 
 
 being of the very nature of legislative powers that, by timely chnnjyes 
 ill the rule it prescribes, it should be enabled to meet the exigencies 
 of the occasion. (Angell & Ames on Corporations, 329.) But the 
 power docs not extend to all by-laws. There are certain by-laws, 
 f.uch as those authorizing the issue of debentures, <fec., upon the faith 
 if whicl) tliird persons act and change their circumstances, and from 
 vhich the Municipality in general derives an immediate benefit — 
 these being in the nature of securities, rather than ordinary regula- 
 tions, cannot be repealed until the loan or debt arising thereout or 
 dependent thereupon is satisfied. (Sec. 235.) Hence iji^ that in the 
 section here annotated the power given is to repefti' alter or amend 
 b^'-laws, is general, " save as is by this act restricted." When, how- 
 ever, a part only of a sum of money provided for by a by-law has been 
 raised, tlie Council may, under certain restrictions, repeal tlie bj'-law 
 as to any part of the residue. (Sec. 234.) 
 
 (/)) The formalities prescribed in this rection arc indispensable. 
 The bj--law must be — 
 
 1. Under tlie se.al of the Corporation. 
 
 2. Signed by the head of the Corporation. 
 
 Or t)y the person who presided at the meeting at whicli the by- 
 law passed. 
 
 3. Signed by the Clerk of the Corporation. 
 
 Unless the b}'-law be sealed, it is rot a legal by-law. (In re Croft 
 and the Munkipalitii of the Township of Brooko, 17 U. C. Q. R. 2()9.) 
 Wliere the head of the Corporation, either from caprice or obstinacy', 
 refuses to do his dut}' in passing a by-law which is required for tlie 
 benefit of his township or a part of it, it would seem that the remain- 
 ing members of the Council woulc) be justified in requiring another 
 member of the Council to take the chair, and do that which the liead 
 of the Council perversely refuses to do. {Preston and the Corporation 
 of the Tovmship of Manvers, 21 U. C. Q. B. 626.) It is not, at all events, 
 in the power of the head of the Council, by refusing to do his duty, 
 to obstruct the regular proceedings of his colleagues in Council, and 
 then move against their proceedings on account of their not bearing 
 his name, which he has refused to attach to them. {lb.) 
 
 No action can be sustained, as for a breach of duty, against the head 
 of a Municipal Corporation for not applying the seal to make a contract 
 between the Corporation and the plaintiff, founded upon a refusal, 
 which, if there had been a previous contract, would have constituted 
 a breach of it. There cannot be a remedy against the head of the 
 Corporation equivalent to a remedy on the contract against the Corj)o- 
 ration itself, had the contract been duly made, so as to make a valid 
 contract where there is none. {Fair v. Moore, 3 U. C. C. P. 484.) 
 
140 
 
 THE MUNICIPAL MANUAL. 
 
 (Vrtiae.1 193- A copy of any By-law, (<j) written or printed, with- 
 
 evwaace.*" out ciasure 01' interlineation, (/•) and under the Seal of the 
 Corporation, (s) and certiQed to be a true copy by the Clerk 
 and by any lueuiber of the Council, (t) shall be deemed 
 authentic, and be received in evidence in any Court of Justice 
 without proof of the Seal or signatures, (is) unless it is speci- 
 ally pleaded or aIlo<:;ed that the Seal, or one or both of the 
 signatures, have been forged, (v) 
 
 Opposition to, by Ratepayers. 
 194:. In case any person rated on the Assessment Roll of 
 any Municipality, or of any locality therein, (a) objects to the 
 passing of a By-law, the passing of which is to be preceded 
 by the ap[)lioation of a certain number of the ratable inhabi- 
 tants of such Municipality or place, (6) he shall, on petition- 
 ing the Council, be at liberty to attend, in person or by counsel 
 or attorney, before the Council at the time at which thp By- 
 law is intended to be considered, or before a Committee of the 
 Cnuncil appointed to hear evidence thereon, and may produce 
 evidence that the necessary notice of the application for the 
 By-law was not given, or that any of the signatures to the 
 application are not genuine, or were obtained upon incorrect 
 
 Opj) •siti.iulo 
 liy-laws .ip- 
 jiiit'il for •<)■ 
 rste-psjvr'fi, 
 provi-iiiKi fur. 
 
 {q) Not " order or resolution." 
 
 {)•) It is well to observe the requirement, that the copy, whether 
 written or printed, is to be without erasure or interlineation. 
 
 («) The seal of course must liave been affixed by the proper autlio- 
 ' ritj-, and the production of the copy, with an impression of it, is prima 
 J'licie evidence that it was affixed by tlie proper authority. { Angell & 
 AuH'3 on Corporations, 224.) 
 
 (<) Tlie certificate of the copy being a true one is to be signed " by 
 the Clerk and by any member of the Council." 
 
 (m) On a motion to quasli a bj'-law, order or resolution, it is only 
 necessary to produce a copy, certified under the hand of the Clerk 
 alone, and under the corporate seal, together with an affidavit of the 
 party applying, that the copy was received from the Ch-rk. (See. 198.) 
 The latter section is framed for a sj)ecial purpose, while the sef^tioii 
 here annotated is meant to provide for all general cases. (Per Draper, 
 C. J., in In re T/i£ Board of School Trnstces and The Corporation of 
 Sandwich, 23 U. C. Q. B. 639.) 
 
 ()i) It is for the party alleging the affirmative to give pri.nid facie 
 proof of the forgery, before the other l>arty can be required to rebut it 
 and sujjport the deed: the onus is on the party pleading forgery. 
 
 ((() Which any person may be on his own application. (Assessment 
 Act, sec. 21, sub-sec. 2.) 
 
 (J> I The right to object does not extend to the passing of all by-laws 
 but only such as are " to be preceded by the application of a certain 
 number of tlie ratable inhabitants of the municipality or place." 
 
 m 
 
THE MUNICIPAL MANUAL. 
 
 141 
 
 statements, and that the proposed By-law is contrary to the 
 wishes of the persons whose signatures were so obtained, and 
 that the remaining signatures do not amount to the number 
 nor represent the amount of property necessary to the passing 
 of the By-law. (c) 
 
 19«S- If the Council is satisfied upon the evidence that the when 
 application for the By-law did not contain the names of a ^y-i^ws ohaii 
 sufficient number of persons whose names were obtained with- °° ^'^' 
 out fraud and in good faith, and who represent the requisite 
 amount of property, and are desirous of having the By-law 
 passed, or if the Council is satisfied that the notice required 
 by law was not duly given, the Council shall not pass the 
 By-law. (d) 
 
 Proceedings when the Assent of Electors is required. 
 196- In case a By-law requires the assent of the electors ifaJ.viaw 
 of a Municipality before the final passing thereof, (e) the fol- 3't\Vfhr 
 lowing proceedings shall be taken for ascertaining such assent, electors. 
 except in cases otherwise provided for : (/) 
 
 1. The Council shall by the By-law (g) fix the day, hour Time and 
 and place for taking the votes of the electors thereon at every fng'^shiifco 
 
 (c) Tlie right to attend for the purpose mentioned exists only " on 
 petitioning the Council." The person so attending may raise all or 
 any of the following objections : 
 
 1. That the necessary notice of the application for the by-law was 
 
 not given. 
 
 2. That any of the signatures to the application are not genuine. 
 
 3. That some of the signatures were obtained upon incorrect state- 
 
 ments. 
 
 4. That the proposed by-law is contrary to the wishes of the persons 
 
 whose signatures were so obtained. 
 
 5. And that the remaining signatures do not amount to the number, 
 
 nor represent the amount of property necessary to the passing 
 of the law. 
 
 (rf) The Council is not to pass the by-law if satisfied of one of two 
 things— either that the application for the by-law does not contain the 
 names of a sufficient number of persons, <fec., or that the notice required 
 by law was not duly given. 
 
 (c) By-laws for creating debts, <fec., are here especially intended. 
 (See sec. 226, et seq.) 
 
 (/) If the proceedings prescribed be not taken, or be not duly taken 
 the by-law may be held invalid. ' 
 
 (g) It has been held sufficient if the manner of ascertaining the 
 assent of the electors be prescribed by a notice attached to the pro- 
 posed by-law when published, though the act says that it shall be 
 determined by the by-law. (Boulton and The Town Council of tlie Town 
 of Peterborough, \&\J.C.q,.B. ^^0.) 
 
142 
 
 THE MUNICIPAL MANUAL. 
 
 fixed by 
 by-law. 
 
 Proposed 
 by-law ti) b« 
 publiijhed. 
 
 I'lil 
 
 ii 
 
 place in the Municipality at which the clectious of the mem- 
 bers of the Council or Councils therein are hold, (h) and shall 
 also name a Keturning Officer to take the votes at every such 
 place, and such day shall not bo less than three nor more than 
 four weeks after the first publication of the proposed By-law, 
 as herein provided for j (i) 
 
 2. The Council shall, for at least one month before the final 
 passing of the proposed By-law, publish a copy thereof in 
 some liCwspaper published weekly or oftener in the Munici- 
 pality, or if there is no such newspaper, in some newspaper in 
 the nearest place in which a newspaper is published, and also 
 put up a copy of the By-law at four or more of the most 
 public places in the Municipality ; (j) 
 
 (A) "Are held," that ia, in each ward, when there arc wartla, &e. 
 
 (t) The by-law itself ia, among other requirements, 
 
 1. To fix the time and place for taking the votes of the electors, &c. ; 
 
 2. To name a Returning Officer to take the votes. 
 
 The time must not of course be inconvenient or unsoasonablo, and 
 tlie place must be " every place at which the elections of tlie members 
 of the Council, «fcc., are held." If the Returning Officer named fail to 
 attend, it is apprehended that the electors may clioosa from nnionp,- 
 themselves a Returning Officer. (Sec. 97 ; sec. 196, sub-sec. 4.) 
 
 (j) The by-law is to be published in the manner directed, and to be 
 so ^niblisiied " for at least one month," which means one calendar 
 montl». (Con. Stat. U. C, cap. 2, sec. 13.) The manner of publion- 
 tion is to be the insertion of a copy of the by-law in some new-spapcr 
 published weekly or oftener in the municipality, or, if there is no sueh 
 newspaper, in some newspaper in the nearest place in which a news- 
 paper is published, and by putting up a copy of the by-law at four or 
 more of the most public places in the municipality. 
 
 The municipality of Kingston proposed to take £7,500 in a road 
 company, and published a by-law (No. 6) to authorize a loan, contain- 
 ing the usual recitals, imposing a rate, and directing the issue of deben- 
 tures, Ac. When the by-law came on for discussion, a clause was 
 added reducing the sum to £6,000, and directing the rates to be altered 
 accordingly, and, thus amended, it passed, in June, 1854. In December 
 following, another by-law was passed (No. 8) providing for the issuing; 
 of debentures (authorized by No. C), and directing a rate to be levied 
 for the payment of the interest thereon, but making distinct provisions 
 for meeting the principal out of the profits of the stock to be taken, 
 and from other funds. This by-law did not repeal No. fi, but the enact- 
 ments in it showed clearly that the rates Imposed by that by-law were 
 meant to be dispensed with. Held, that the last mentioned by-law was 
 bad, for it was a new and independent by-law, and not a mere supple- 
 ment to No. 6, and should therefore have been published before the 
 passing, and have contained the usual recitals and enactments required 
 in by-laws for creating a loan. Held also, that by-law No. 6 was bad, 
 though not moved against, for it was not published beforehand in the 
 form in which it ultimately passed. {In re Bryant and the Municljmlity 
 
THE MUNICIPAL MANUAL. 
 
 143 
 
 3. Appended to each copy so published and posted, shall be Notice to be 
 a notice signed by the Clerk of the Council, stating that such ^"'"'' 
 copy is a true copy of a proposed By-law which will be taken 
 
 into consideration by the Council after one month from the 
 firs^ publication in the newspaper, stating the date of the first 
 publication, and naming the hour, day and place or places 
 fixed for taking the votes of the electors ; (k) 
 
 4. At such day and hour a poll shall be taken, and all pro- pon. 
 ceedings thereat and for the purpose thereof shall be conducted 
 
 i the ^ame manner, as nearly as may be, as at a Municipal 
 election ; (I) 
 
 5. Every Returning Officer shall, on the day after the clos- 
 ing of the poll, return his poll-book verified to the Clerk of the 
 local Municipality in which the poll was taken, and in case of 
 a By-law of a County Council, the Clerk of the local Munici- 
 pality shall forthwith return to the Clerk of the County Coun- 
 cil every poll-book so delivered to him ; (ni) 
 
 C. The Clerk of the Council which proposed the By-law cierk to oum 
 shall add up the number of votes for and against the same, "i^re°re8uTt, 
 and shall certify to the Council under his hand whether the 
 majority have approved or disapproved of the By-law, (»<) and 
 
 Verified poll 
 book to be 
 returned. 
 
 of Pittsburgh, 1 3 U. C. Q. B. 347 ; see also Simpson v. 77ie Corporation of 
 the County of Lincoln, 13 U. C. C. P. 48.) But the Court, in its discre- 
 tion, has refused to quash a by-law under which a large sum of money 
 had been borrowed, on the ground that the by-law was not published 
 as often as necessary, and that the copy published in some respects 
 differed from the by-law as ultimately passed. {Boulton and the Town 
 Council of the Tovm of Fcterborouffh, 16 U. C. Q, B. 380.) 
 
 (k) The publication of the notice is quite as necessary as that of the 
 bj'-law itself. The notice may be in this form : 
 
 Take notice, that the above is a true copy of a proposed by-law, 
 which will be taken into consideration by the Council of this munici- 
 pality after one month from the first publication in the (naming the 
 netJDspaper), the date of which first publication was {stating the day of 
 the week, month and year), and that the votes of the electors of the said 
 municipality will be taken thereon at {naminy the place or places), on 
 {naming the day, die,), at {naming the hour). 
 
 C. D., Clerk. 
 
 (/) See sec. 101, el seq. 
 
 {m) Verified, Ac. It is presumed, by a solemn declaration thereto 
 annexed, that the poll book contains a true statement of the poll. (Sec 
 sec. 102.) 
 
 (n) It is made the duty of the Clerk of the Council to add up the 
 number of votes, Ac, and to certify, Ac, but no time is limited for 
 tlie performance of the duty. It must, however, be done before the day 
 appointed by the Council for taking the by-law into consideration. 
 
144 
 
 What rate- 
 payers only 
 shitlt vote on 
 tiy-Iaws for 
 incurring a 
 debt not pay- 
 Hlile in tlie 
 current year. 
 
 Oath, &.C., 
 rwiuired df 
 i»te payer 
 ( fferiuj; to 
 vote. 
 
 Form. 
 
 THE MUNICIPAL MANUAL. 
 
 shall keep the same with the poll-book among the records of 
 his oflBce ; (o) 
 
 7. The rate-payers entitled to vote on any By-law for incur- 
 ring a debt or raising money, which shall not be payable 
 within the then current year, shall be such rate-payers only as 
 are rated on the assessment rolls for an estate of freehold, 
 either legal or equitable, of suflBcient value to entitle them to 
 vote at any Municipal election, or of a leasehold the duration 
 of which shall not be less than the period of time in which 
 the debt to be contracted or the money raised under such By- 
 law is jnade payable, and in the lense for which leasenold the 
 lessee covenants to pay the municipal taxes, (p) and the Clerk 
 shall furnish the Returning Officer with a verified list of those 
 entitled to vote on such By-law ; (q) 
 
 8. Any rate-payer offering to vote on any such By law as 
 in the next preceding sub-section mentioned may ho required 
 by the Returning Officer or any rate-payer er' . to vote on 
 any such By-law, to make the following o'.ih jr affiimation 
 before his vote is recorded : 
 
 " I, A. B., do solemnly and sincerely make oath (or affirm, 
 as the case may he') that I am the person named or purporting 
 " to be named on the list of voters according to the terms 
 " mentioned in sub-section number seven, of section one hun- 
 " dred and ninety-six of the Act {citing the title of this Act) 
 " to entitle me to vote on the By-law which is now submitted 
 " to the rate-payers." (r) 
 
 (o) See sec. 152, et seq., as to the duties of Clerks of Councils. 
 
 (p) This is n new provision. Its object is plain, viz., to declare 
 ■what persons arc entitled to vote as to their approval or disnjiproval of 
 such by-laws as are mentioned in the section. All ratepayers are not so 
 entitled ; but only such " as are rated on the assessment roll for an 
 estate lesjnl or equitable of sufficient value to entitle them to vote at 
 any Municipal Election, or of a leasehold, the duration of which shall 
 not be less than the period of time in which the debt to be contracted 
 or the money raised under such by-law is made payable, and in the 
 lease for which leasehold the lessee covenants to pay Municipal taxes." 
 The latter words as to leasehold interests, are peculiar. It is not in- 
 tended that any lessee not fully interested in the lease shall vote. In 
 the first place his lease must be in duration as long as the time for 
 which the money is borrowed or debt created. In the next place it 
 must appear that such lessee has covenanted by the lease to pay Muni- 
 cipal taxes. 
 
 (q) See sub-sec. 6 of sec. 100. 
 
 {r) This, which is new, is the only oath made necessary when voting 
 on a by-law. It is simply an oath of the identity of the person ten- 
 
 -.i?'' 
 
THE MUNICIPAL MANUAL. 
 
 145 
 
 ig 
 
 When Requiring the assent of the Goveunor in Council. 
 197- The facts required by this Act to be recited in any when the 
 13y-law which requires the approval of the Governor in Coun- Qoyetnor Is"' 
 oil, shall, before receiving such approval, be verified by solemn required to 
 declaration, by the Head of the Council, and by the Chamber- ^'^'^^• 
 lain or Treasurer and Clerk thereof, and by such other persons 
 and on such other evidence as to the Governor in Council 
 satisfactorily proves the facts so recited ; (s) or in case of the 
 death or absence of any such 3Iunicipal Officer, upon the 
 declaration of any other Member of the Council whose 
 declaration the Governor in Council will accept. (^) 
 
 "When and how Quashed. 
 198. In case a resident of a Municipality, or any other By-i«ws,how 
 person interested (a) in a By-law, order or resolution of the to pvoce'ea in 
 
 (lering his vote with the person named on the voters list. There is 
 npparently no power to go behind tlie list for the purpose of inquiring 
 whether the name is rightfully or wrongfully on the list. 
 
 (s) This section applies only to b^'-laws requiring " the approval of 
 the Governor in Council." To procure the approval, it is made neces- 
 sary that — 
 
 1. The By-law be verified by solemn declaration. 
 
 2. The declaration be made by the Head of the Council, 
 
 " " the Chamberlain or Treasurer, 
 
 the Clerk of the Council. 
 
 3. And by such other peraotu and on such other evidence as to the 
 Governor in Council satisfactorily proves the facts recited. 
 
 (<) Will accept, i.e., may accept or deem satisfactory. 
 
 (a) The applicant in strictness should state that he ia a resident 
 of the Municipality in which the by-law was passed, or has an 
 interest in the provisions of the by-law. {/n re Babcock and tlie Muni- 
 cipal Council of the Township of Bedford, 8 U. C. C. P. 527 ; In re 
 Bogart and the Tovon Council of Belleville, 6 U. C. C. P. 425.) AVhere 
 applicant, who moved against a by-law of the United Counties of 
 Peterborough and Victoria, swore that during all the year 1850, he 
 had been, and was at the time of the separation a resident of and 
 within the limits and boundaries of the Town of Peterborough, a Cor- 
 poration within tho said County of Peterborough, it was held that 
 applicant was sufficiently described as a resident, so as to be entitled 
 to make the application. {In re Conger and Peterborough Municipal 
 Council, 8 U. C. Q. B. 849.) Where a freeholder of a Township, 
 though not a resident, applied to quash a by-law ; and it was objected, 
 that Deing a non-resident he could not do so ; it was held that as a 
 freeholder of the township he had an interest in all the by-laws passed 
 by the Township Council, sufficient to enable him to move to quash 
 any of its by-laws. (In re De la Haye and the Municipality of the Oorc 
 of Toronto, 2 U. C. C. P. 317.) So it has been held that the owner of 
 real estate in the Municipality which has been assessed, though not 
 himself named on tho assessment roll had a sufficient interest. (/», re 
 
 10 
 
140 
 
 THE MUNICirAL MANIAL. 
 
 •irjcr to 
 ■ liush. 
 
 Council thereof, (b) applies to cither of the Superior Courts 
 of Common Law, (c) and produces to the Court a copy of tho 
 Hy-law, Order or Resolution, (J) certified under the li;ind of 
 tlie Clerk and under the corporate seal, (c) and kIiows by 
 
 Boiilton and the Town Council, of the Town of Pcterhorour/h, Id \J. ('. 
 i}. B. 380.) Where tho affidavit stated deponent to be n rato-piu er and 
 n resident householder, it was held unnecessary to give any t'urtJKn' 
 doseriptiou of him. {Baker v. The Municipal Council of Parin, lo U, C. 
 Q. B. «21.) 
 
 (/>) Before tho statute 12 Vic. cap. 81, sec. 105, the Courts of Vp^er 
 Canada Iiad not any power summarily to quash bi/-hurs of a ^iuni- 
 ciiiality, (see In re ilcOill and the Municipal Council of the Count ^i of 
 Pdcrborongh, 9 U. C. Q. B. 562) and that power was not extended to 
 orders and resolutions till 22 Vic. cap. 99, sec. 194. (See /« re Daniels 
 and The Municipal Council of the Tomnship of Bur ford, 10 U. C. Q. B. 
 478 ; In re Cfesar and the Municipality of the Township of Cartinrhjht, 
 12LT. C. Q. B. 841.) 
 
 (f) It has been held that tho Practice Court is not authorized to 
 entertain such an application. {In re Sams and the Cltij of Toronto, 9 
 U. C. Q. B. 181.) 
 
 {d) Applicant must produce to the Court a copy of the by-law, order 
 or resolution, that is of an existing by-law, <fec. So that if before appli- 
 cation the operation of tho by-law be spent {Inre Terry and the Muni- 
 ripallfy of the Toionshipof Haldimand, 15 U. C. Q. B. 380) or expressly 
 repealed {In re McGill and the Municipal Council of the County of 
 Fdcrborough, 9 U. C. Q. B. 562) the rule will be di'scharpjed. {lb.) 
 But where tlic repeal is after application to quash the b^'-law, and so 
 a tacit acknowledgement of tlio illegality of the by-law, tho Muni- 
 eipality will be ordered to pay the costs of the application. {In re 
 Coi/ne and the Municipal Co^mcil of Dunwlch, 9 U. C. Q. B. 309 ; In re 
 Cdcnian, 9 U. C. C. P. 146.) 
 
 {e) Where the Seal of the Corporation, though not mentioned in the 
 Clerk's certificate, was on the same page with tho certificate, immedi 
 ately above it and opposite to the signature of the Clerk, the old law 
 was held to be sufficiently complied with. {Baker v. The Municipal 
 Council of Paris, 10 U. C. Q. B. 621.) The Court will discharge a 
 rule to quasli a by-law, Ac, moved on a copy of tho by-law, tfec, 
 verified in a manner different from that prescribed by tiiis statute, 
 unless the reason for the variance is clearly and satisfactorily ex- 
 jilained. {Buchartv. The Municipality of the United Tomtshij^s of Brant 
 and Carrick, 6 U. C. C. P. 130.) 
 
 Where the by-law was one passed by the Corporation of two United 
 Townships, and after dissolution of the union, applicant produced a 
 copy of the by-law certified under the hand of the clerk of the senior 
 township and under the corporate seal of that township, the statute 
 was held to have been sufficiently complied with and the by-law 
 quashed. {In re Scott and the Corporation of the Township of Harvey, 
 Q. B. T. T. 1866.) Where the copy of the by-law put in, not being 
 certified as the act directs, could not be read, but the same was set 
 out at length in affidavits filed, tho deponent swearing that a by-law 
 was passed by the Town Council in words following (setting out the 
 
THE MUNICIPAL MANUAL. 
 
 147 
 
 affidavit, ( f) that the same was received from the Clerk, (.7) 
 and thnt the applicant is resident or interested as aforesaid, (A) 
 the Conrt, after at least four days' service (i) on the Corpora- 
 tion of ii rule to shew cause in this behalf, (_;) may quash the 
 By-law, Order or Resolution in whole or in part for ille- 
 
 by-law) llio materials before the Court were held sufficient. {In re 
 The IJuiinl of School Trustees of the Town of Sttndioich and the Corpora- 
 tion of ^iirifwich, 23 U. C. Q. B. 639.) It will bo observed that tho 
 statute! is silent as to the right of tho Clerk to charge fees for the cor- 
 tified copy or seal, while the statute 12 Vie. cap. 81, sec. 186, made it 
 the diit\' of the Clerk only to give the copy " upon payment of his fee 
 thercf.M-." (See In re Township Clerk of Euphrasia, 12 U.C.Q.B. 622.) 
 
 (/) T!io affidavit ought to be intitled of the Court in whit'h the 
 motion is made {Frazer v. The Municipal Council of the United Vonntics 
 of Storiuont, Ditndas and Glengarry, 10 U. C. Q B. 286) ; but if it 
 appears from the jurat to have been sworn before a Commissioner of 
 tliat Court, the objection will not avail. (lb.) If, however, the Cona- 
 inissioner merely describes himself as " a Commissioner, Ac," without 
 stating of what Court, the affidavit must bo intitled. (/» re Ilirons ct 
 al. and the Municipal Council of Amkerstburgh, 11 U. C. Q. B. 458.) 
 It need not be intitled "The Queen v. The Municipal Council of, <tc." 
 but may be " In the matter of W. S. 0. and the Municipal Council of, 
 tfec." ( In re Conger and Peterborough Municipal Council, 8 U.C.Q.B. 349.) 
 Affidavits in answer must, it is apprehended, be intitled in the same 
 way as tlio rule is, which they are produced to oppose. (t?ee Tapping 
 on Mandamus, 41S.) 
 
 (g) It does not appear to be necessary that the copy produced should 
 be sworn to have been received by the deponent himself from the 
 Clerk. Where the deponent swore that the copy produced was re- 
 ceived l)y one T. from the Clerk of the Council, and by T. was delivered 
 to deponent, the affidavit was held sufficient. (Fisher v. The Municipal 
 Council of Vaughan, 10 U. C. Q. B. 492.) The statute does not require 
 that the affidavit should refer to the copy of the by law, as being an- 
 nexed, or that it should be in fact annexed, but only that the copy 
 produced is the copy received from the Clerk. (Besscy v. The Muni- 
 cipal Council of Grantham, 11 U. C. Q. B. 156.) 
 
 (A) See note a to this section. 
 
 (t) The meaning is that the corporation shall have four days at least 
 to answer the rule. (See In re Sams and the City of Toronto, 9 U. C. 
 Q. B. 181.) The time under the old act was at least eight days. 
 Where, under the old act, the rule nisi was obtained near the end of 
 the term, and made returnable eight days after service, and defen- 
 dants appeared during the following term and objected that the rule 
 should have been to shew cause on a day certain, held that the objec- 
 tion, even if good, was waived by appearance. (^Perry t. The Town 
 Council of WJiitby, 13 U. C. Q. B. 664.) 
 
 (j) The service is to be " on the Corporation," and therefore where 
 the motion was to quash a by-law for taking stock in a railway com- 
 pany, on the return of the rule, and though the Corporation did not 
 show cause, the Court declined to hear counsel for the railway company. 
 (In re Billings and the Municipal Council of the Toxmship of Gloucester, 
 
us 
 
 Till: MUNICIPAL MANL'AI/, 
 
 gality, (!•) and, accordiug to tho result of tho application, 
 
 10 U. C. Q. B. 27'?.) In n subsuquent case, whoro tho Corporation 
 (Jt'clined to show cauae, the Court refused to hear counsel for some of 
 tho ratepayers of the Corporation. (In re Webb and the Corporation 
 of the Towmhip of Yarmouth, Q. B. H. T. 1 866.) 
 
 (k) Tho power of the Courts to deal summarilv with by-luws, orders 
 and resolutions of Municipal Councils, by quashing them on motion, 
 depends wholly on this statute {Sutherland y. The Municipal Council 
 of Eaut Nissouri, 10 U. C. Q. B. 626); and that power will in general 
 bo exercised only when there is some illegality apparent on tlie face 
 of the by-law, ifec. {In re Hill and the Municipal Council of the Town- 
 ship of \[^alsinffham, 9 U. C. Q. B. 810; Chieraon v. The MunicipaHty 
 of Ontario, 9 \j. C. Q, B. 623 ; In re Standley and the Municipality/ of 
 Vespra and Sunnldale, 17 U. 0. Q. B. 69; In re Scarlett and the Corpo- 
 ration of York, 14 U. C, C. P. 161 ; In re Secord and the Corporation of 
 the County of Lincoln, 24 U. C. Q, B. 142) or where tho by-law, order 
 or resolution is shown to have been passed under circumstances which 
 by tiie express terms of the statute make it illegal. {In re iMfferty 
 and the Municipal Council of Wentworlh and Halton, 8 U. C. Q B. 232 ; 
 In re Sutherland and the Municipal Couucil of Ea»t Nitaouri, 10 U. C. 
 Q. B. 626.) The exercise of the power is in every case discretionarj' ; 
 fur it is not said tho Court sliall quash, but that it may quash, &c. ( In re 
 Hodgson and the Municipal Council of York and Peel, and the Municipal 
 Council of Ontario, 18 U. C, Q. B. 268); in other words, the statute 
 confers an authority with a discretion to abstain from its exercise (per 
 Draper, C. J., in In re Michie and the Corporation of the City of Toronto, 
 
 1 1 U. C. C. P. 386 ; see also Bogart and the Town Council of Belleville, 
 6 U. C. C. P. 428) ; and where tho by-law is legal on its face, and a great 
 length of time has been allowed to elapse unexplained, between the 
 passing of the by-law and the motion, the Court will abstain from 
 the exercise of its discretionary power. {In re Hill and the Muni- 
 cipality of Tecunueth, 6 U. C. C. P. 297 ; In re Cotter and the Muni- 
 cipality of Darlington, 11 U. C.C. P. 265 ; In re Grant and the City of 
 Toronto, 1 2 U. C. C. P. 867) especially if it be shown that work has been 
 done under tV J by-law, money expended thereunder, or that the by-law 
 has been otherwise so acted upon that its repeal would cause much in^ 
 convenience {In re Hodgson and the Municipal Council of York and 
 Peel and the Municipal Council of Ontario, 13 U. C. Q. B. 268 ; In re 
 lanson and the Corporation oftlie Township of Reach, 19 U. C. Q. B. 
 591 ; In re Michie and the Corporation of tlie City of Toronto, 11 U. C, 
 C. P. S79 ; In re Scarlett and the Corporation of York, 14 U. C. C. P. 
 161 ; I?i re Drope and the Corporation of Hamilton, 26 U. 0. Q. B. 363) 
 and where a party complaining of a by-law permits a term of the 
 Courts of common law to elapse without moving to quash it, the Court 
 of Chancery will refuse to interfere by injunction to restrain the 
 Municipality from proceeding to enfoi*ce the provisions of the by-law, 
 [In re Carroll and Perth, 10 Grant 64 ; In re Orier and St. Vincent, 12 
 Grant 330.) But of course a by-law substantially illegal cannot (sub- 
 ject to the provisions of sec. 204 of this act) afford any protection for 
 what has been done under it, and so incidentally its validity may, in an 
 action, be decided upon at common law by Common Law Courts. 
 {Sutherland t. The Municipal Council of East Nisaouri, 10 U. C. Q. B. 
 626.) But if the by-law be not void without being quashed, all pro- 
 ceedings duly had under it while in force, may be justified under it. 
 
THE MUNICIPAL MANUAL. 
 
 149 
 
 award costs for or against the Corporation ; (l) Provided P'^J***' , 
 always, that no application to quash any such By-law, Order ww^h'.ppil. 
 or Resolution, in whole or in part, shall be entertained by any Mtiommwt 
 Court unless such application shall be made to such Court 
 vithiu one year from the passing of such By-law, (m) except 
 
 I made. 
 
 (In re Barclay and the Municipality of the TownsM^ of^ Darlington, 6 
 U. C. C. P. 432.) No action can bo brought for anvthing done under 
 it till the by-law is quashed. (See sec. 206.) It is no ground of 
 illcgnlity for quashing a by-law that it is not scaled with the sonl of 
 the Municipality, for unless so sealed it is not a legal by-law and there 
 is no jurisdiction to quash it as such. {In re Croft and the Muni- 
 cipalitu of the 2'owmhip of Brooke, 17 U. C. Q. B. 269.) But in some 
 cases t.Iia't which was intended to be a by-law and not in fact a by-law 
 for the want of the corporate seal, may be looked upon as a " resolu- 
 tion or order," and so now subject to the summary jurisdiction of the 
 Courts on application to quash. The Court has refused to quash a 
 by-law on the ground tha*; a quorum of the Council was not present 
 at its passing. (In re Sitt\erland and the Municipal Council of East 
 Nissouri, 10 IT. C. Q. B. 626.; "''here mere errors of calculation are 
 charged, unless clearly made out, the Court will not quash the by-law. 
 (In re Paffard and the Corporation of the County of Lincoln, 24 U. C. 
 Q. B. 16) and even if shown to exist and to be extensive, the Court 
 will lean strongly to the support of the by-law where it appears to 
 have been actea upon. ( Grienon and the Municipality of Ontario, 9 
 U. C. Q. B. 623 ; Secord and the Corporation of t/te County of Lincoln, 
 24 U. C. Q. B. 142 ) 
 
 (/) The words of the old law were, " And if it shall appear to such 
 Court that such by-law is legal, in whole or in the part complained of, 
 to award costs in favor of such Corporation, or otherwise against such 
 Corporation" (14 <& 15 Vic. cap. 109, schd. No. 21); words which 
 were held not to be retrospective {Brown v. The Municipal Council of 
 the County of York, 9 U. C. Q. B 463), and are in meanmg much the 
 same as the words of this section — according to the remit, award costs 
 for or against the Corporation. Where a Municipal Corporation, on 
 being surved with a rule nisi, repealed the by-law complained of, the 
 Court notwithstanding obliged them to pay the costs of the application. 
 {In re ^\ninc and Tfie Municipal Council of Dunwich, 9 U. C. Q. B. tS(i9.) 
 But where a by-law was defective only in part, and the rule asked to 
 quash the whole, the Court refused to give costs. {In re Patterson and 
 The Corporation of the County of Orey, 18 U. C. Q. B. 189.) 
 
 (m) This proviso is new. Before this act, the Courts in general, 
 after long and unexplained delay, abstained from the exercise of the 
 •discretionary power conferred upon them summarily to quash by-laws. 
 (See note k to this section.) But no rule was laid down as to the time 
 within which the discretionary power would or would not be exercised. 
 Here it is declared that no application to quash any by-law, order or 
 resolution shall be entertained, unless the application be made williiu 
 one year from the passing of such by-law (not saying " order or reso- 
 lution "). In cases coming under this part of the proviso, it is appre- 
 Vended that a rule nisi would be refused; for it ig declared that the 
 application, under the circumstances mentioned, " shall no^ be enter- 
 tained." The Court, even before this act, refused, after two years' 
 
150 
 
 TUL; MUNICn'AL MANLiU.. 
 
 Time sftpr 
 which by- 
 law cannot 
 b4 quuliod, 
 It properly 
 promulgated 
 
 >Vhit Hhall 
 bi' 8«ch pro- 
 lojlgntlou. 
 
 in the case of a By-law requiring tlio assent of clcutuis Oi" 
 rate-payers, when such By-law hiia not been submitted to, or 
 has not received the assent of such electors or rate-payers, and 
 in sueh case an application to quash such By-law uiuy be made 
 at any time (n) 
 
 Whkv CoNFniMED uy Promuloatiox. 
 
 100* In owe a By-law by which a rate is imposed li.is 
 been speciallj' pronjuifjated in the manner horeinal'icr speci- 
 fied, (o) no application to quash the By-law shall be entertained 
 after six months have elapsed since the promulgation, (y)) 
 
 300- I'iVcry special promulgation of a By-law within the 
 meaning of this Act, («/) shall consist in the publiuatiou, 
 
 delay, a rule ni»i to qunsli a by-law of tlic Corporation of the city of 
 Toronto to provide for tlio iaaue of dobenturea for e3plan(i(li>purp()8i's, 
 Bayiii;!;, " In tho exorcise of the discretionary power givi-n, * * * we 
 Hhoiilil require a clear primd facie case to induce ua to ijrant e\ en a 
 ruli! iiiifi to quaah a by-law pnasod more than two yeara iv^t), and fully 
 acted upon; bcaidca wliieli, for all that appeara, this by law may pcvs- 
 aibly have been specially promulgated, (it does not appear it has not 
 been,) and then an application to quash it must be made within i^lx 
 months nfler promulgation." (In re Grant and The City of Toronto, 
 12 U. C. C. P 367.) 
 
 (n) It ia only said that in tho case of a by-law requiring the assent 
 of electors or rate-pavers, when such by-law has not been submitted 
 to, or has not rcceivec) tho assent of such electors or rate-payers, tliat 
 "an appUcition to quash such by-law may be made at any timt.'." It 
 does not follow that on every such application the Court nhall quash 
 the by law. The power to quash is still left to the discretion of tiie 
 Court. (See note k to this section.) 
 
 («) See sees. 201, 202, 203. 
 
 (p) Tho inconvenience of quashing a by-law imposing a rate, .er 
 it lias been acted upon for months, is generally more than ' tin 
 
 inconvenience of allowing a by-law, though teoimical' ve, ro 
 
 exist. The effect of this section will be important, in c , loiimical 
 defects in bj' -laws imposing rates. The limitation app. to by-lnw- 
 wiiicii have been specially promulgated and commences ai ilic tinir .f 
 sueli jiromulgation (per Draper, C.J., in Inre Bogart and Turn Co^ .iril 
 of IkllcviUe, 6 U. C. C. P. 426) and where the by-law imposes a raie il. 
 would be well for the apjilicant moving against it more than six months 
 after its passing, to show that it has not been specially promulgated. 
 {In re Grant and the Corporation of the Cifi/ of Toronto, 12 U. C C. P. 
 3.')7; but see also remarks of Draper, (J. J., in In re Bogart and the Town 
 Council of BcllevUle, 6 U. C. C. P. 425.) If the by-law moved against 
 be one requiring the assent of electors, or rate payers, and it be sho^^T. 
 that such by-law was not submitted to the electors or rate payers, the 
 application to quaeh it may be made at any time. (See note n to sec. 
 11)8.) 
 
 (7) A bif4aw. Though the following section is expressly restricte<?. 
 
TIIK Mr.NICirAT- MANUAL. 
 
 ir,! 
 
 ■MS 
 
 through till! Public Press, of a true copy of the Ity-Iiiw, and of 
 the si<;iiiit\uo tittcstinu' its authenticity, (r) with a notice ap- 
 pended thereto of the time limited by Law for applications to 
 the Courts to (Hia.*h the same or any part thereof, (s) 
 
 *JJ01. In the case of a Hy-law by which a rate is imposed, (/) And n jh^ 
 the proniul},'iition shall bo cither by such publication of a copy ,,LIITiDy' 
 of the Hy-Iaw with such notice as aforesaid, or in lieu thereof rutu. 
 by such publication of a notice settinf* forth the amount of the 
 rate and <:ivin<» the substance only of the other parts of the 
 By-law with a similar notice of the time so limited for appli- 
 cations to (|uash as aforesaid ; (»/) and the publication referred 
 to in the pvocedliig two sections, shall be in each public news- 
 paper i)ublished weekly or oftener within the Municipality; 
 or if there be no such newspaper, then in at least two public 
 newspapers published weekly or oftener nearest the iMnni- 
 cipalify, and the publication shall for the purpose aforesaid bo 
 continued in at least three consecutive numbers of the 
 paper, (w) 
 
 20*^. The notice to bo appended to every copy of a IJy -law Notice i.be 
 for the purpose aforesaid, shall be to the effect following : (a) b'vui. 
 
 '* NoTlcK. — The above is a true copy of a IJy-law passed ^^^^^ 
 by the Municipal Council of the Township of A, in the County noti« 
 of B, one of the United Counties of B, C and D (or as (he 
 
 of such 
 
 to "a by-law by which a rnto is imposed." uii.s section appears to ex- 
 tend as well to other by-laws. Of course the publication will not 
 legalize u hy-law illegal and void on the face of it; but it would poeni 
 that all formal or technical objections (if there is jurisdiction) are cured, 
 and all collateral ol)jections precluded, after the expiration of tiiu time 
 limited for ai)plicatioris to the Court to quash the same. (See see. 
 i>04.) 
 
 (>•) The publication is to be in each public new.spaper, j)n])lished 
 weekly or oftener, within the municipality, (fee. and to be continued 
 in at least tiiroe consecutive numbers of the paper, (Sec. 201.) 
 
 (s) See see. 202, as to form thereof. 
 
 (t) See note «/ to sec. 200. 
 
 (n) Two modes of promulgation are sanctioned — either may be 
 adopted and the promulgation be sufficient. (See sees. 202 and 203 as 
 to the forms of notice.) 
 
 (v) It would seem that the six months allowed for an application to 
 quash a by-law arc to be computed from the publication of the first 
 number of the newspaper in which the same is made. (See sec. 202.) 
 
 («) Where a statute expressly provides that a thing is to be done in 
 a given form, the statute ought to be followed. (See Warren v. Love, 
 7 Dowl. P. C. 602 ; Codrhgton v. Curlewis, 9 Dowl. P. C. 908). The 
 form here is given " in effect" to be followed. 
 
152 
 
 THE MUNICIPAL MANUAL. 
 
 case may he) on the 
 
 day of ,18 , and {where 
 
 Form of auch 
 notice. 
 
 the appioval of the Governor in Cou.uil is hy lato VLjuiredto 
 give effect to such By-law) approved by His Excellency tbc 
 
 Governor in Council, on the day of > 18 J and 
 
 all persons are hereby required to take notice, that any 
 one desirous of app'.ying 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 consecutive numbers of the following newspapers, 
 viz : (Jicre naming tae newspapers in which the publication is 
 to he made) or he will be too late to bo heard in that behalf. 
 
 " G. H. 
 
 " Township Clerk." 
 
 Notice sutt- 303. The notice setting forth the amount of the rate and 
 i-afe^^s'iV" S^^^^f? t^® substance only of the other parts of the By-law, for 
 »ubsta:.""of the purpose aforesaid, shall be to the effect following : (b) 
 
 " Township A, in the County of B, one of the United Coun- 
 ties of B, C and D, in Upper Canada, to wit : 
 
 Notice is hereby given, thrt a By-law, intituled, (set out the 
 title) and numbered (give the number by which the Bj/-law is 
 
 designated,) was on the day of , 18 , passed 
 
 by the Municipal Council of the Township of A, in the County 
 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 By-law) as " ra»* rg the necessary funds to meet the 
 
 general public expenses of the Township of for the 
 
 year 18 ," or " " 
 for a loan of - 
 
 Road from 
 
 and, (and where the approval af the 
 
 is by late required to give effect to surh By-law), approved by 
 
 Ilis Escellency the Governor in Council, on the day 
 
 of , IS — ; 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 applica- 
 tion for that purpose to one of Her Majesty's Superior Courts 
 of Common Law at Toronto, within six ctilendar months, at 
 the farthest, after the special promulgation thereof, by the 
 publication of this notice in three consecutive numbers of the 
 
 " for tho purpose of raising and 
 - dollars, for making and macadamizing a 
 
 to " (or otherwise, as the case may be) 
 
 Governor in Council 
 
 contracting 
 
 I 
 
 (6) See note a to sec. 202. 
 
THE MUNICIPAL MANUAI,. 
 
 163 
 
 followinj; newspapers, viz : (here name the newspapers in 
 which thf. puhUcation is to he made) or he will be too late to 
 be heard in that behalf. 
 
 " G. H., 
 
 " Township Clerk." 
 
 304. In case no application to quash any By-law be made ^ „(,t moTed 
 within the time limited for that purpose, (c) the By-law, or so againstwith- 
 
 11 « • 1 1 • /I ». !• i' '" the time 
 
 much thereof as is not the subject oi any such application, or umited, to 
 not qua.shed upon such application, so far as the same ordains, I's^*"''- 
 prescribes or directs anythinsi within the proper competence of 
 the Council to ordain, prescribe or direct, shall, not\.i„hstand- 
 ing any want of substance or form, either in the By-law itself 
 or in the time or manner of passing the same, be a valid By- 
 law, (d) 
 
 If Quashed, the Coiiporation only to be Liable, 
 SO«i. In case a By-law, Order or Resolution be illegal, in Liability of 
 whole or in part,(c) and in case nything has been done under fo^Scte'done 
 
 {e) Tins and sec. 200 seem to contemplate by-laws for any purpose, 
 ^^-hile sees. 199 and 201 ond the forms of notice seem to apply only to 
 b^'-lftws imposing rates. 
 
 (</) Nej^lect to make an application within the time prescribed has 
 the effect of curing any want of substance or for"i, either in tiie by-law, 
 Ac, itself, or in the tvne or manner of passing the same, provided 
 what is ordained or directed by the by-law, Ac, be within tlie proper 
 competence of the Council. If not of the proper competence of the 
 Council, a by-law affords under no circumstances protection for what is 
 done under it. {In re Sutherland and The Municipal Council of Ead 
 Nimouri, 10 U. C. Q. B 626.) 
 
 (c) It is not necessary that the illegality should appear on the fac" 
 of the by-law in order o bring into operation the provisions of this 
 section. If, for example, in the case of a road, it be run througli an 
 orchard, contrary to the statute, there can be no question about the 
 by-law being illegal. In such a case the party must apply ond have 
 the bj-law quashed, before he can sue for anything done under the 
 by-law. There may be cases where parties might maintain actions 
 without taliing that course; but it is apprehended the effect of the 
 section is to deprive parties of any action whatever against any one, 
 so long as the by-law has neither been quashed nor repealed, when- 
 ever iL is made to appear that what is complained of was done under a 
 by-law. (Smith v. 77tc Corporation of the City of Tormfo, 7 b. C. L. J. 
 239.) Whenever the by-law be quashed or repealed, the action must 
 b«j brought against the Corporation alone, and not against the person 
 acting under it. [Blacky. White etal, 18 U. C. Q. B. 871.) The quash- 
 ing or repeal of the by-law is not to be regarded as taking the defence 
 from parties acting under the by-law while in force ; for all proceed- 
 ings had under it while in force, if legalized by it, may, notwithstand 
 ing its repeal or being quashed, be justified under it. {Per Macaulny, 
 C. J., in Barclay v. TJie Municipality of Darlington, 6 U. C. C. P. 438.) 
 
154: 
 
 THE MUNICIPAL MANUAL. 
 
 under a Ry- 
 Hw after- 
 warjs 
 q;iisli-'d. 
 
 it (/) which, by reason of such illegality, gives any person a 
 right of action, (.7) no such action (h) shall be brought until 
 one month has elapsed after the By-law, Order or Eosolution 
 has been ((uashcd or repealed, nor until one month's notice, 
 in writing, of the intention to bring such action, has been 
 given to the Corporation ; and every such action shall be 
 brought against the Corporation alone, and not against any 
 person acting under the By-law, Order or Resolution. (/) 
 
 (/') Are these words to be held to mean only anything done in the 
 execution of the by-law, or for the pnrposo of carrying it out ; or are 
 tliey not to be construed to mean also anything done in relianee 011 
 the legiility of the by-law, as, entcrinjif upon land which, if the bj' -law- 
 be valid, is a public higliway, but whicli, if the by-law be not valid, 
 leaves tlie parties exposed to be treated as trespassers ? Uidess the 
 latter, construction be adopted, the act will in this respect fail in many 
 cases of tlie effect which must have been intended, (per Robinson, C. J., 
 in JJ/ack v. Wfiitc et a'., 18 U. C. Q. B. 3(59.) 
 
 (r/) The right of action intended is a right of action for tlie recovery 
 of damaces, in which it may be important to tender amends. It dors 
 not tlierefore apply to actions of replevin, wbsn brought merely to 
 try tlie right to tlie pro^ierty replevied. ( Wihon v. The Corporation of 
 the County of Middlesex and William Langham, 18 U. C. Q. li. 348.) 
 
 (A) See preceding note, 
 
 (i) It appears, tlierefore, that if anything has been done under a 
 by-law, ifcc., wliich, being illegal, gives any person a right of action — 
 
 1. The action shall be brought against the Corporation that passed 
 
 the by-law, ttc, and not against any ])erson who acted under it. 
 
 2. The action is not to be brought while the by-law, Ac, is in force, 
 
 nor until one calendar month has elapsed after the by-law, &c., 
 is quashed or repealed. 
 
 3. Before bringing it, one calendar month's notice in writing of the 
 
 intention to bring it must first be given to the Corjioralion. 
 
 4. AVlietlier notice of action can be given before the by-law, &c., is 
 
 qua.shed or repealed is a question, but material only in case 
 the time for bringing the action is limited, and the time abort 
 to expire. (See McKcnzie v. The Mat/or, Aldermen and Com- 
 monalty of Kingston, 13 U. C. Q. B. 034.) 
 The section declares that no action shall bo brought until the by-law, 
 ttc. has been quashed or repealed for one calendar month, and this, as 
 nlreadv mentioned, precludes the bringing of the action while the bv- 
 law, itc, subsists (See Carmichael v. Slat<r, it U. C. C 1'. 42:!); but "it 
 does not follow that the Statutes of Limitations only begin to run from 
 the time of quashing or repealing. It is clear that actions may be 
 brought (though only against the Corporation) for things done under 
 the ille!>-al by-law, tfcc, that is things done in pursuance of, or in exe- 
 cution of it, or under its authority while in force. The right of aiition 
 may l)e held to vest the moment the thing is done, and, if so, every 
 statute limiting a right of action of the particular kind wouM begin to 
 run forthwith. Were it not so, very stale matters might be made 
 grounds of action ajjainst Municipal Councils, and which (in the case 
 of individuals) would be outlawed. 
 
THK MUNICIPAL MANUAL. 
 
 155 
 
 Teshkr of Amends by. 
 
 SOG- In case the Corporation tenders atnends to the Tondfrof 
 plaintiff or his attorney, (./) if such tender bo pleaded and "'"''"' *' 
 (if traversed) proved, (k) and if no more than the amount 
 tendered is recovrered, the phiintiflF shall have no costs, but 
 costs shall be taxed to the defendant, and set off against the 
 verdict, and the balance due to either party shall be recovered 
 as in ordinary cases. (?) 
 
 (j) TIio law as to tender is not much understood by the public, and 
 requires some remarks in this place. 
 
 1. J)i[ffiiitioH. — A tender in this section means the ofTcring of money 
 in sntisfiietion of a cause of action arising out of something done under 
 a by-law, order or resolution, quasliod or repealed. 
 
 *>.. JIow made. — A tender must be unqualified and unconditional. 
 {M.tclull V. lilnff, 6 C. <fe P. 237; Jennings v. Major, 8 C. it; P. CI ; 
 Stro }g V. Harvey, 3 Bing. 304.) Whether conditional or not, is a ques- 
 tion for the jury (ffarsden v. Goode, 2 C. «fe K. 133; Jli/burn v. 
 Milhnrn, 4 U. C. Q. B. 179.) Strictly speaking, the tender ought to 
 be of specie ; but a tender in bank notes, if not objected to on the 
 ground of being notes, will be good. {Bloio v. Russell, 1 C. »fe P. SGS.) 
 The precise sum intended, or more, must be tendered, without requir- 
 ing change. [Brady v. Jones, 2 D. <& R. 305.) The money ought to 
 be actually produced {Kraus v. Arnold, 7 Moo. 59; Leatherhale v. 
 SimpsUme, 3 C. «fe P. 342 ; Thompson v. Hamilton, 5 U. C. O. S. Ill) ; 
 but this may be dispensed with by the party to whom the tender is 
 made, as, wliere defendant said he had the money in his pock t, and 
 plainlilF said, " You need not give yourself the trouble of otfering it, 
 for I will not take it." {Douglass v. Patrick, 3 T. R. C84 ; Jackson v. 
 Jacobs, 3 King. N. C. 869.) A receipt for the money cannot be insisted 
 upon. [Cole V. Blake, I Peakc, 238.) 
 
 3. To whom made. — Under this section the amends may be tendered 
 "to tlie plaintiff or his attorney." A tender, strictly speaking, ought 
 to be made before the ■ s :t is sued out, and if made to the plaintff him- 
 self would be more satisfactory than if made to his attorney. But if 
 the attorney is authorized to settle the business, and writes to defen- 
 dants jirevions to suing out the writ, warning them of the action, unless 
 they i)ay him the money or the like, the tender may clearly be made 
 to the aUorney. (Sellon, Pr. 2, 315.) The attorney must, imder any 
 circunistaiicts, be one employed in the particular action, and not 
 merely one generally employed by plaintiff. [Ih.) 
 
 [k) It is not enacted that the tender maybe given in evidence under 
 tlie general issue, and it is apprehended that it ought to be specially 
 pleaded. 
 
 [I) The object of the tender is to prevent useless litigation. Tlie 
 tender adniitf-. . cause of action, but limits the amount of damages 
 arising 
 have a 
 
 ( ntitled to any damages bej'ond the amount tendered." If plaintitF 
 declines the tender, and recovers no more than the amount tendered, 
 lie loses his costs, and, worse still, is compelled to pay the costs of 
 defendant, which may be set off against his verdict. 
 
 therefrom The i)arty tendering in effect says, " I admit you 
 riijht to bring; this action, but I do not admit that you arc 
 
150 
 
 THE MUNICIPAL MANUAL. 
 
 r«rtain 
 
 oirrlU'l>.l 
 ^e^pe('tirlg 
 by Uw8 tube 
 niiDdempa- 
 iiors. 
 
 Jurisdiction 
 to try 
 olfences 
 against. 
 
 Summnry 
 proceeding!. 
 
 Offences against By-laws. 
 
 307- In case any Officer of a Municipal Corporation ne- 
 glects or refuses to carry into effect a By-law for paying a 
 debt, and so neglects or refuses under colour of a IJy-law 
 illegally attempting to repeal such first mentioned By-law, or 
 to alter the same so as to diminish the amount to be levied 
 under it, (m) such officer shall be guilty of a uiisdeuieanor, 
 and be punished by fine or imprisonment, or both, at the dis- 
 cretion of the Court whose duty it may be to pass sentence 
 upon him. («) 
 
 308. In case an offence is committed against a By-law of 
 a Council, for the prosecution of which offence no other pro- 
 vision is made, (o) any Justice of the Peace having jurisdiction 
 in the locality where the offender resides, or where the offence 
 was committed, whether the Justice is a member of the 
 Council or not, may try and determine any prosecution for 
 the offence, (jo) 
 
 (m) The object of this section is, under the penalty mentioned, to 
 compel Municipal Corporations and their officers to keep faith with 
 creditors. When the latter advance money upon the security of a 
 by-law for its repayment in whole or in part, within a specified period 
 at a specified rate, any by-law attempting to repeal such mentioned 
 by-law or altering the same, so as to diminish the amount to be levied 
 under it, would be a fraud whether so designed or not. (Hut see sec. 
 234, et neq.) Besides it is the duty of the Treasurer or Chamberlain 
 of every Municipality to see that the money collected under such by- 
 Inw is properly applied to tlie pa^'ment of interest and principal of 
 debentures issued under the by-law, (Sec. 213.) 
 
 (n) See note t to sec. 65. 
 
 (o) The Corporation of any County, Township, City, Town or Incor- 
 porated Village, may pass by-laws for inflicting reasonable fines and 
 penalties not exceeding $50, exclusive of costs, for breach of any of 
 the by-laws of the Corporation, (sec. 246, sub-sec. 6 b,) and for inflicting 
 reaaonable punishment or imprisonment, with or without hard labor, for 
 any period not exceeding 21 days, for breach of any of the by-laws of 
 the Corporation, in case of non-payment of the fine inflicted for nny such 
 breach, and there being no distress out of which tlie fine can be levied, 
 with certain specified exceptions. (Sec. 246, sub-sec. 8.) 
 
 (p) Tlie jurisdiction of the Justice is made to depend eitlier on the 
 locality where the offender resides, or where the offence was committed. 
 A Justice having jurisdiction in eith'jr locality mav not only try but 
 determine the prosecution. The authority of a jUHtlee, who is so 
 by ■, irtue of his office as Mayor, Reeve. &c , is limited to the County 
 in which his Mun'cipality is situate (set. 357) and the autliority of 
 a Justice of the Peace appointed by commission from the Crown, is 
 limited to the County therem specified. It is in no cose attaclied to 
 the person so as to be capable of being exerted elsewhere tlian within 
 these limits, "Being out of the County whire he is in commission, 
 
157 
 
 EvtdtiUCd. 
 
 Penalty and 
 costR ; 
 
 IIow levied. 
 
 THE MDNICIPAL MANUAL. 
 
 d09. The Justice or other authority before whom a pro- 
 secution is had for an offence against a Municipal By-law, 
 may convict the offender on the oath or aflSrmation of any 
 credible witness, and shall award the whole or such part of 
 the penalty or punishment imposed by the By-law, as ho shall 
 think fit, with the costs of prosecution, and may, by warrant, 
 under the hand and seal of the Justice or other authority, or 
 in case two or more Justices act together therein, then under 
 the hand and seal of one of them, cause any such pecuniary 
 penalty and costs, or costs only, if not forthwith paid, to be 
 levied by distress and sale of the goods and chattels of the 
 offender, (q) 
 
 210. In case of there being no distress found, out of which commitment 
 the penalty can be levied, the Justice may commit the offender autreM!""' 
 to the Common Gaol, house of correction, or nearest lock-up 
 house, for the term or some part thereof, specified in the By- 
 law, (r) 
 
 311. When the pecuniary penalty has been levied, one finep, how 
 moiety thereof shall go to the informer or prosecutor, and the «pp"«<*- 
 other moiety to the Corporation, unless the prosecution is 
 brought in the name of the Corporation, and in that case the 
 whole of the pecuniary penalty shall be paid to the Corpora- 
 tion, (s) 
 
 he 13 but a private man." (See Paley on Convictions, 4 edn. 16, 17 ; 
 see also, The Queen v. Jiow, 14 U. C. C. P,, 307.) 
 
 (q) Tlie powers of the Justice or other authority under this secfcion 
 are the following : 
 
 1. To convict the ofTeuder on the oath or affirmation of any credible 
 
 witness. 
 
 2. To award the penalty or punishment imposed by the by-law, 
 
 with the costs of the prosecution. 
 .3. By warrant, to cause any pecuniary penalty and costs, or costs 
 
 only {as the case may be), to be levied by distress and sale of the 
 
 goods and chattels of the offender. 
 See next section as to imprisonment in default of distress. 
 
 (}•) Tlie term ought not in general to exceed twenty-one days. (See 
 sec. 246, sub-sec. 8.) 
 
 (■s) It is the policy of most statutes inflicting penalties, to give part 
 of the penalty to the informer. At first it was commonly one-fourth ; 
 afterwards, by later statutes, one-third ; and lastly, as in the case of 
 tlie section here annotated, one moiety or half of the penalty. " Even 
 tliis large proportion," says an eminent writer on the penal statutes, 
 " seldom hath its effect." (Paley on Convictions, 237.) Possibly the 
 informer, notwithstanding his expectation of, and interest in, the 
 penalty, is, "a credible witness," within the meaning of the pre- 
 ceding section ; for no person offered as a witness, with a few cxcep- 
 
158 
 
 TItE MUNICIPAL MANUAL. 
 
 Jurisdiction 
 cf MHyiirs 
 and I'dlico 
 Magistratus 
 (■vor penal 
 oflt'ni'eu. 
 
 Pi-l*iitiirfs, 
 bc'iids. iVc. 
 h'W to le 
 cM'CUtetl. 
 
 31^. The Police Magistrate, or, when there is uo Police 
 Magistrate, the Mayor of a Town or City, shall have jurisdic- 
 tion, in addition to his other powers, to ti^ and determine all 
 prosecutions for offences against the By-laws of the Town or 
 City, and for penalties for refusing to accept office therein, or 
 to make the necessary declarations of qualificatiuu and office. (<) 
 
 DEBENTURES, &c. 
 
 How TO US ".' .'>E. 
 
 dl3. All Debentures and ot'i o specialties duly authorized 
 to be executed on behalf of a ^Municipal Corporation shall, 
 iitilofis otherwise specially authorized or provided, bo sealed 
 with the seal of the Corporation, and bo signed by the head 
 thereof, or by some other person authorized by By-law to sign 
 the suuu!, otiierwise the same shall not be valid; (a) and it 
 
 tions, is now, by reason of incapacity from crime or inti'vi-t, to bo 
 cxchklud from giving evidence. (Con. Stat. U. C. cap. o2, yuc. o.) 
 
 {f} X Police Magistrate has generally, a? regards the ci'.y or town 
 of whicli he is an ofticer, the same jurisdiction hs Justices of tlie ronco 
 have in their several counties, and his proceedings should be conducted 
 in the same manner as if he were a commissioned Justice of tlrs Peace. 
 lie is not only ex officio a Justice of the Peace for the City or 'I'own for 
 which he holds oHice, but as well for the County or Union of Coun- 
 ties in which the City or Town is situate (s. 373) ; and in sonic cases 
 ho has concurrent powers with the Recorder of the City. (Con. Stat. 
 Can., caj) 105, s. 30). The Mayor maj-, in the absence of the Police 
 Magistrate, act in his place (a. 307). Any Justice of the Peace having 
 jurisdiction in a Town, may, at the request of the Mayor, act in his 
 stead at the Police Office. (76.) 
 
 (a) It is the duty of the Clerk of every Municipal Corporation, sub- 
 ject to a severe i)enalty, within two weeks after the final jiassing of 
 an\' by-law passed for the purpose of raising money by the issue of 
 dchenturi's, and before the sale or contract of sale of the debentures, 
 to transmit to tlie County Registrar a copy of the by-law, dulj' certi- 
 ticd, and other like information, for the purpose of registration. (Con. 
 Stat. Can. cap. 84, sec. 212.) It has been held that a debenture issued 
 by a .Municipal Council, under its corporate seal, and signed by tho 
 luad of the Corporation, for tlie payment of a debt due or loan con- 
 tracted under a b^'-law which does not pro'.ide by special rate for pa}'- 
 nient of the debt ur loan, does not estop the Municipal Cori)oratioii 
 from PcttiiiL; up as a defence to an action on the debentures, tho invali- 
 dity of the by-law. {Melllsh v. The Town Cottncil of the Town of Brant- 
 ford, 2 V. C. C. P. 35.) A person negotiating the sale of a Municipal 
 debenture is not answerable that the Municipality will pay the amount 
 secured by the debenture. {Sceally v. McCallum, 9 Grant, 434.) Where, 
 therefore, a Township Municipality, in pursuance of the Municipal 
 Corporation Act of 1849, passed a by-law for the purpose of granting a 
 loan to tlie Port Burwell Harbour Company, and issued debentures 
 thereunder which were subsequently declared to be illegal in con*e« 
 
THE MUNICIPAL MANUAL. 
 
 159 
 
 shall be the duty of the Treasurer or Chamberlain of the 
 Municipality to see that the money collected under such By- 
 law is properly applied to the payment of the interest and 
 principal of such Debentures, (b) 
 
 Traksferablb by Delivery. '^ 
 
 214. Any Debenture heretofore issued, or issued after this Debentures 
 Act takes effect, under the foriralities required by law, by any {.ydXer/, 
 Municipal or Provisional Mu licipal Corporation, payable to {J>y;*""'° 
 bearer or to any person named herein or bearer, (r) may be 
 transferred by delivery, and suc!i transfer shall vest the pro- 
 perty of such Debenture in the holder and enable him to 
 maintain an action thereupon in his own name, (d) 
 
 quonce of tho roftd company not having been properly constituted, tlio 
 Court of Chancery, in the absence of any proof of fraud, refused to 
 order one of the directors of the road company to refund the amount 
 l)aid to iiim upon the sale of one of such debentures. (76.) 
 
 (b) The latter part of this section is new, and, like sec. 207, intended 
 for the protection of creditors. Tlie duty of the Treasurer or Cham- 
 berlain to see that the money collected under tho by-law is properly 
 applied, is made imperative ; and no subsequent by-law or resolution 
 of the Council would in law be any excuse for neglect of tiiat duty. 
 Besides, neglect on the part of a Municipal officer to carry into effect 
 a by-law for paying a debt, is made a criminal oflFence. (Sec. 207.) 
 
 (c) It is not all debentures that are made negotiable, but only such 
 as are issued " under the formalities required by law." This expres- 
 sion includes not only what is required by sec. 213, which provides 
 for sealing with the seal of the Corporation, and signature by the head 
 of it, but also what is required under sec. 226, which provides that 
 every by-law for the creation of a debt or negotiation of a loan shall, 
 in order to bind the Municipality, settle a special rate for tlie payment 
 of sucii debt or loan, and that the by-law shall contain certain si)ecified 
 recitals. {Per Draper, C. J., in The Trust and Loan Compavy of Upper 
 Canada v. The City of Hamilton, 1 U. C. C. P. 103 ) And it would 
 seem to follow that even against a bond fide holder for value, without 
 notice, tiicse defences could be raised. (See however Auglin v. The 
 Munifipalitu of Kinqsion, 16 U. C. Q. B. 121 ; Crawford et al. v. The 
 Corporation of the town of Cobourg, 21 U. C. Q. B, 113.) 
 
 {d) A debenture is a chose in action ; and it is an ordinary rule of 
 law that a chose in action cannot be transferred so as to give the trans- 
 ferrce a right to sue at law upon it in his own name. (Smitli's Mer- 
 cantile Law, 5 Ed. 229.) The chief exceptions are bills of exchange 
 and promissory notes, which for the benefit of trade have been made 
 negotiable. Another exception is that of debentures issued under this 
 act. Such debentures, when issued under the formalities required by 
 law, are clioses in action, transferable by endorsement and delivery 
 where made so, and when so made become analogous to bills of 
 exchange or promissory notes in many particulars. The fact that 
 a debenture was, when duly signed and sealed, feloniouslj' stolen frotn 
 the Corporation, and transferred to the plaintiff, a bond fide holder for 
 
160 
 
 THE MUNICIPAL MANUAL. 
 
 In pleading, 
 iiiflicient to 
 dencribo 
 plaintiir as 
 the holder. 
 
 Or, ifendori- 31tS> Any Debenture issued as afurosaid, (e) and nindo 
 
 when '''» "a'-' P^^y^blo to any person or order, shall, after the endorsation 
 
 bietoordsr. thereof iu blank by such person, be transferablo by delivery 
 
 from the time of the endorsation, (/) and the transfer shall 
 
 vest the property thereof in the holder, and enable him to 
 
 maintain an action thereupon in his own name. (^) 
 
 910. In a suit or action upon any such Debenture, (A) it 
 shall not be necessary for tho plaintiff to set forth in the 
 declaration or other pleading, or to prove, the mode by which 
 ho became the bolder of the Debenture, or to set forth or to 
 prove the notices, by-laws or other proceedings under and by 
 virtue of which the Debenture was issued, but it shall be 
 sufficient in such pleading to describe the plaintiff as the 
 holder of the Debenture (alleging the indorsation in blank, if 
 any) and shortly to state its legal effect and purport, and to 
 make proof accordingly, (i) 
 
 Full amount 317. Any such Debenture, issued as aforesaid, (j") shall 
 tho'Jgh''^'*' ^'^ valid, and recoverable to the full amount, notwithstanding 
 negotiated at its ncgociation by such Corporation at a rate less than par, or 
 exce^Uig '^^ a rate of interest greater than six per centum per annum, 
 
 value, affords no defence. (The Trust and Loan Company v. The Cily 
 of Hamilton, 7 U. C. C. P. 98.) The original holder of a debenture, or 
 any subsequent transferree thereof, may from time to time cause lo be 
 registered with tlie County Registrar the name of sucli original liolder 
 or subsequent transferree (Con. Stat. Can. cap. 84, sec. G); and sucli 
 holder or last registered transferree is to be deemed primd facie the 
 legal owner and possessor of the debenture. (lb.) 
 
 («) See note c to sec. 214. 
 
 (/) Indorsements are either full or blank. A full indorsement is 
 one whicli mentions the name of the party iu whose favor it is made ; 
 an iiidorsement in blank, one which does not mention such name. 
 (Smith's Mercantile Law, 6 Ed. 230.) The latter is the only form of 
 indorsement contemplated by this section. It is a question whetlier 
 the indorsement of a debenture will, like the indorsement of a bill or 
 note, guarantee its payment. (See Allen v. Walker, 2 M. & W. 317.) 
 
 (g) See note (/to sec. 214. • 
 
 (A) See note c to sec. 214. 
 
 (i) The provisions of this section are designed to simplify proceed- 
 ings at law against the Municipality by the holder of a dubeutnrc for 
 ttie amount whicli it represents. They extend botli to pleading and to 
 evidence. (See The Trust and Loan Company of Upper Canada v. The 
 City of HamUton, 7 U. C. C. P. 98 ; Anglin v. The City of Kingston, 
 16 U. C Q. ii. 121 ; Crawford et al. v. the Corporation of't/ie Town of 
 Cobourg, 21 U. C. Q. B. 113.) 
 
 (j) See note c to sec. 214. 
 
THE MUNICIPAL MANUAL. 
 
 161 
 
 or although a rate of interest greater than six per centum per six per cent, 
 annum is reserved thereby or made payable thereon, (k) "'" ' °^ '"*'■• 
 
 RESTRICTIONS UPON COUNCILS. 
 
 318. No Council shall act as bankers, or issue any Bond> Restrictions 
 liill, Note, Debenture or other undertaking, of any kind or in Xa/'to °' 
 any form, in the nature of a Bank Bill or Note, or intended to f/JJ^^^e^jjij, 
 form a circulating mediam, or to supply the place of specie, ^jncSf Ac. "' 
 or to pass as money ; (I) nor, unless specially authorized so to 
 
 do, shall any Council make or give any Bond, Bill, Note, 
 Debenture or other undertaking, for the payment of a less 
 amount than one hundred dollars; (m) and any Bond, Bill, 
 Note, Debenture or other undertaking issued in contravention 
 of this section, shall be void, (n) 
 
 319. In case a^.y person issues or makes, or assists in toIhsub 
 issuing or making, or knowingly ytters or tenders in payment &c"con°tTmV 
 or exchange, any Bond, Bill, Note, Debenture or undertaking, i" *,''''' i^"' 
 of any kind or in any form, in the nature of a Bank Bill or misaemea- 
 Note, intended to form a circulating medium, or to supply the "*"■• 
 place of specie, or to pass as money, contrary to this Act, such 
 
 person shall be guilty of a misdemeanor, (o) 
 
 330. No Council shall have power to give any person an orentiDR 
 exclusive right of exercising within the Municipality any trade "ohiCited" 
 or calling, or to impose a special tax on any person exercising 
 the same, or to require a license to be taken for exercising 
 
 {k) And in this respect resembles the law of bills and notes. Be- 
 sides, Municipal Corporations are not restricted any more than indivi- 
 duals as to tlie rate of interest to be received upon moneys loaned by 
 them, but may take any rate of interest agreed on. {The Corporation 
 of the Township of Westminster v. Fox, 19 U. C. Q. B. 203 ; The Corjio- 
 mtion of North GwUlimhury v. Moore et al., 16 U. C, C. P. 445.) 
 
 {I) The object of this and the following section is to confine Munici- 
 pal Councils within the legitimate sphere of their organization. The 
 section under consideration is more particularly directed against the 
 issue of undertakings " intending to form a circulating medium, or to 
 supply the place of specie, or to pass as money." 
 
 '(m) This was the old law. (See 12 Vic. cap. 81, sec. 183.) 
 
 (n) Parties contravening the provisions of this section are by the 
 next section made criminafly responsible. 
 
 (o) In case any person— 
 
 1. Issues or makes ; 
 
 2. Assists in issuing or making; 
 
 3. Knowingly utters or tenders in payment or exchange, 
 
 Anji bond, bill, note, debenture or undertaking, Ac, conti'ary 
 
 to this Act ; 
 He shall be guilty of a misdemeanor, (See note t to sec. 66.) 
 11 
 
162 
 
 THJC MUNICIPAL MANUAL. 
 
 Kscept afi to 
 ,iny wrry. 
 
 I 
 
 the.suuie, unless authorized or required by stututu so to do; (p) 
 but the Council may direct a fee. not exceeding one dollar, to 
 be paid to the proper officer for a certificate of coinpliaucc with 
 any regulations in regard to such trade or calling, (ij) 
 
 931- But nothing in this Act contained shall prevent » 
 Council from granting exclusive privileges in any ferry, 
 which may be vested in the Corporation represented by such 
 Council. (>') 
 
 (/;) Monopolies are odious to the law. A monopoly is wiien the 
 sale of any merchandiso or commodity is restrained to one or to a cer- 
 tain number (11 Co. 86), and has three inseparable consequents — the 
 incrcai^e of the price, the badness of the wares, the impoverishment of 
 others. {Ih.) By statute 21 Jac. 2, all monopolies and nil commissionb, 
 grants, licenses, «bc., to any person, <bc., for any sale, baying, selling, 
 making, working, using of a thing, <bc., are void. And any r):ic 
 grieved, &c., may have an actibn on the statute, and recover treble 
 damages and double costs. So monopolies are contrary to Magna 
 Charta. (2 Inst. 63.) By statute 88 Ed. 8, a merchant may freely deal 
 iu nil manner of merchandize. The statute of 21 Jac. 2, does not 
 extend to l(3tters patent for inventions, «tc. The first part of tiiis sec- 
 tion is simply a declaration of the common law. No Municipal Council 
 has a right to grant a monopoly, " unless authorized or required by 
 statute so to do." 
 
 (q) A by-law made only for the regulation of any one in the use or 
 exercise of that which he has a right to do, may bo good. (Com. Dig. 
 By-law B. 2.) 
 
 (r) A ferry is a franchise which cannot bo set up without the license 
 of the Crown, or the authority of some body corporate or person em- 
 powered by the Crown or the Legislature to grant the same. (Com. 
 Dig. " Piscary," B.) Ferries, when granted by the Crown in Upper 
 Canada, are generally put up to public competition, and leased for a 
 term of not more than seven years. (Con. Stat. U. C. cap. 46, sec. 3.) 
 The leases or licenses are under the great seal. (76. sec. 2.) Where 
 tlie ferry is required over any stream, the two shores of whicli are in 
 different municipalities, not in the same county, a license may be 
 granted to either of the municipalities exclusively, or to both con- 
 jointly, as may be most conducive to the public interest. (lb. sec. C.) 
 Wliere one shore is within the limits of a city, town or incorporated 
 village, and the other in a township or rural municipality, the license 
 must be issued to the city, town or incorporated village. (76. sec. 6.) 
 The license may be for any period not exceeding fifty years. (76, sec. 2.) 
 It confers a right on the municipality or mnnicipaiities to establish a 
 ferry from shore to shore, <&c., upon condition that the craft to be used 
 shall be propelled by steam, (be. (76. sec. 7.) Upon receipt of any such 
 license, the municipality or municipalities may pass a by-law declaring 
 their determination to sublet the ferry, and may sublet the same, for 
 such price and upon such terms, dec, as they deem best. (76. sec. 8.) 
 No license of a ferry on the line of the Provincial frontier can be granted 
 to any person or body corporate beyond the limits of the Province, but 
 must in all caaea be granted to the municipality within the limits of 
 
 if 
 
 
 u 
 
tUE MUNICIPAL MANUAL. 
 
 163 
 
 Dig. 
 
 Hit^. Incaseamemberof the Council of any Municipality, Cont'^"^'" by 
 either in his own name or the name of another, and either ^ith th« 
 alone or jointly with another, enters into a contract of any ^{J^^'fi^^ 
 kind, or makes a purchase or sale in which the Corporation is ir toW in 
 a party interested, and which is on that account void in equity, "'•""y- 
 the same contract, purchase or sale, shall also bo held void in 
 any action at law thereon against the Corporation. (») 
 
 which the ferry exists, Ac. (Ih. sec. 9.) Any person interfering with 
 tlio riglits, &c., of ft licensed ferryman, may be summarily proceeded 
 against. (76. sec. 10.) But any person may use for his own accommoda- 
 tion iiis own vessel or craft to cross the river or stream over wliich a 
 ferry exists. {lb. sec. 11.) A boat may also, it seems, lawfnlly ply 
 with passengers from one of the termini of a ferry to a place without 
 the limits of the ferry, however near to them, if done bond fide and not 
 to injure the ferryman's right. If there be an exclusive ferry from A. 
 to B., it does not prevent persons from going by any other boat from 
 A. directly to C, Uiough it be near B., provided it be not done fraudu- 
 lently, and as a pretence for avoiding the regular ferry. (Com. Dig. 
 '' Piscary," B.) 
 
 (.t) The settled rule in equity is that he who is entrusted with the 
 business of others cannot be allowed to make such business an object 
 of interest to himself. 
 
 Tills rule does not depend on reasoning technical in its character or 
 locul in its application. It is founded upon principles of reason, of 
 morality and of public policy. It has its foundation in the very con- 
 stitution of our nature, for it has authoritatively been declared that a 
 man cannot serve two masters, and is enforced wherever a well regu- 
 lated system of jurisprudence prevails (per the Chancellor in City 
 of Toronto v. Bowes, 4 Grant 604.) One who has power, owing to the 
 frailty of human nature, will be too readily seized with the inclination 
 to use the opportunity for securing his own interest at the expense of 
 of tliat for which he is entrusted. {Oovemor and Company of York 
 Building Society v. Mackenzie, 8 Brown P. C. 42.) . The wise policy of 
 tlie law has therefore put the sting of disability into the temptation 
 ns a defensive weapon against the strei^th of the danger which lies in 
 the situation. This conflict of interest la the rock for shunning which 
 tlie disability under consideration has obtained its force, by making 
 the person who has one part entrusted to him incapable of acting on 
 the other side, that he may not be seduced by temptation and oppor- 
 tunity from the duty of his trust. (76. 66) The law wil lin no case 
 permit persons who nave undertaken a character or a charge, to change 
 or invert that character by leaving it and acting for themselves in a 
 business in which their character binds them to act for others. (76.) 
 The application of the rule may in some instances appear to bear hard 
 upon individuals who have committed no moral wrong; but it is 
 essential to the keeping of all parties filling a fiduciary character to 
 their duty to preserve the rule in its integrity, and to apply it to 
 every case as it arises, which justly falls within its principle (per 
 Eaten, V.C., in City of Toronto v. Bowes, 4 Grant 630.) 
 
 To deny the application of the rule to Municipal bodies, would be to 
 deprive it of much of its valae ; for the well working of the Municipal 
 
 m 
 
bU 
 
 iriB yUNICIPAL IdANUAL. 
 COSTS OF MANDAMUS. 
 
 ^l 
 
 I'MKcfMan- 99«l> Upon an J appIioatioD for a Writ of Mandamus for 
 ''""""' or against a Municipal Corporation, the Courts may, in their 
 discretion, grant or refuse costs, (t) 
 
 EXECUTIONS AGAINST CORPORATIONS. 
 
 c'nTrff'°of **4- -^oy Writ of Execution agaioat a Municipal Corpor- 
 »v.>-iition ntion, (u) may bo endorsed with a direotion to the Sheriff to 
 
 system through whicli a largo portion of the affairs of this country are 
 niiministored, must depend very much upon the freedom from abuse 
 witli which tlioy are conducted. It is obvious that nothing can more 
 tend to correct the tendency to abuse, than to make abuses unprofi- 
 table to those who engage in them, and to have them stamped as 
 abuses in Courts of Justice (per Esten, \.C., lb, p, 831.) The tendency 
 to abuse may indeed be in part corrected by puolic opinion ; but pub- 
 lic opinion itself is acted upon by the mode in which Courts deal witli 
 such abuses as are brought >rithin their cognizance. It has t)oen well 
 observed that the view taken by Courts of Equity with respect to 
 morality of conduct among all parties, is one of the highest morality ; 
 and tliis cannot fail to havo a salutary effect upon public opinion itself. 
 « Just as, on the other hand, if a low standard of morality were permit- 
 ted by the Courts, its inevitable tendency would bo tlie denioralization 
 of the public feeling in regard to transactions of a questionable cliarac- 
 ter. (h.) 
 
 The oljject of this section is to extend the application of this equit- 
 able rule to Courts of law, and not simply leave the contract to bo 
 avoided in equity, but to make it void in any Court of law in any 
 action therein against the Corporation. (See note h to sec. 73.) 
 
 Where the Mayor of the City of Toronto secretly contracted to 
 purchase at a discount, a lar^e amount of the debentures of the Cit}' 
 wliich were expected to be issued under a future by-law of the City 
 Council, and was himself afterwards an active party in procuring anil 
 giving effect to the by-law which was subsequently passed, tlie Court 
 of Chancery held him to bo a trustee for the City of tlie profit ho 
 derived from the transaction (The City of Toronto v. Bowes, 4 Grant 489, 
 which decision, Robinson, C. J., dissenting, was affirmed in appeal, 
 Grant, 1, and afterwards upheld by therrivy Council.) So wheer 
 a member of a Municipal Corporation agreed with another party 
 to take a contract from the Corporation for the execution of certain 
 works in his name, the profits whereof were to be divided between the 
 parties, it was held that such a contract was in contravention of tlic 
 municipal law, and the Court of Chancery refused to enforce the agree- 
 ment for a partnership. {Collina v. Swindle, 6 Grant 282.) 
 
 (t) At common law, when rule niii for a mandamus was discharged, 
 the Courts gave costs or not to the persoa opposing it, according to 
 their discretion in each case. {Kennedy y, 2ne Municijxtl Council of 
 Sandwich, 9 U. C. Q. B. 826.) 
 
 (a) A Municipal Corporation bein^ liable to be sued (see note to 
 sec. 4), is liable to the consequence of a suit, viz., execution. As the 
 assets of the Corporation are not the property of the members of the 
 
 ( 
 
 h 
 
THE MUNICIPAL MANUAL. 
 
 lf!5 
 
 levy the amount thereof bv rate, (b) and the proceedings Jf^jJ,","} jj. 
 thereon shall then bo the following : (c) ties. 
 
 1. The Sheriff shall deliver a copy of the Writ and endorse- Bheriii t.. 
 ment to the Chamberlain or Treasurer, or leave such copy at {'^^[.^''J,;'*** 
 the office or dwelling house of that officer, with a statement in ireniUK r 
 writing of the Sheriff's fees, and of :he amount required to 
 
 satisfy such execution, including in suvi: amount the interest 
 calculated to some day as near as is convenient to the day of 
 the service; ((if) 
 
 2. In case the amount with interest thereon from the day irnoipiM.n 
 mentioned in the statement, be not paid to the Sheriff within Jj'^'f,^^' ''" 
 one month after the service, the Sneriff shall examine the 
 assessment rolls of the Corporation, and shall, in like manner 
 
 as rates are struck for general municipal purposes, strike a rate 
 sufficient in the dollar to cover the amount due on the execu- 
 tion, with such addition to the same as the Sheriff deems 
 sufficient to cover the interest, his own fees and the Collector's 
 
 Corporation, but of the people whom they represent, the form of pro- , 
 
 coeding by execution against such a corporation, must, under certain 
 circumstances, diifer from that of proceeding by execution against an 
 individual. 
 
 (6) The writ may (not must) be indorsed with a direction to the 
 Sheriff to levy the amount by rate. The writ may also, it is appre- 
 hended, be indorsed, as in the case of writs of execution ngninst indivi- 
 duals, either to levy of goods or lands {or as the case mai/ be) of the 
 Corporation, in which event a rate would not be contemplated and 
 probably would not be necessary. But it is only when indorsed to 
 levy by rate, that the following sub-sections are at all applicable. 
 
 (o) If the writ be indorsed by rate, the proceedings shall be as di- 
 rected. 
 
 (d) The Sheriff is to deUver : 
 
 1. A copy of the tvrit and indorsement to the Chamberlain or Treasurer 
 
 or leave such copy at the office or dwelling house of tliat officer. 
 
 2. With a statement in writing of the Sheriff's fees and of the amount 
 
 required to satisfy such execution, including in such amount the 
 interest calculated to some day as near as is convenient to the 
 day of service. 
 
 The Sheriff is not entitled to poundage on writs of execution against 
 Municipal Corporations, unless he actually make the money. ( Grant 
 V. The Corporation of the City of Hamilton, 2 U. C. L. J., N. 8. 262.) 
 Where a settlement is obtained by means of the presence of the Sheriff, 
 he is entitled to be paid reasonable compensation for the services per- 
 formed, although no special fee be assigned for such service in any 
 statute or table of costs. (iJ.) If the Sheriff make the money, it 
 would seem that ho is entitled to poundage, though he may underthis 
 section have levied a rate to collect the amount. (iJ.) 
 
IGC) 
 
 THE >nfinCIPAL MANUAL. 
 
 Sheriff's pre- 
 cept to levy. 
 
 Who to col- 
 leit t'lo rate. 
 
 percentage, up to the time when such rate will probably bo 
 available ; (e) 
 
 8. The Sheriff shall thereupon issue a precept or precepts, 
 under his band and seal of office, directed to tho Collector or 
 respective Collectors of the Corporation, and shall annex to 
 every precept the roll of such rate, and shall by such precept 
 after reciting the Writ, and that the Corporation had neglected 
 to satisfy the same, and referring to the roll annexed to the 
 precept, command the Collector or Collectors within their 
 respective jurisdictions, to levy such rate at the time and in 
 the manner by law required in respect of the general annual 
 rates ; (/) 
 
 4. In case at the time for levying the annual rates next 
 after the receipt of such precept, the Collectors have a genera! 
 rate roll delivered to them for such year, they shall add a 
 column thereto, headed, " Execution rate in A. B., vs. The 
 Township'' (or as the case may be, adding a similar column 
 for each execution if more than one,) and shall insert therein 
 the amount by such precept required to b& levied upon each 
 person respectively, and shall levy the amount of such execu- 
 tion rate as aforesaid, and shall within tho time they arc by 
 law required to make the returns of th« general annual rate, 
 return to tho Sheriff the precept with the amount levied 
 thereon, after deducting their percentage j (_(/) 
 
 (e) Tt is the duty of the Sheriff to strike a rate " suflici'-nt." &c. 
 No provision exists for the striking of a second rate, in tho event of 
 the lirst proving insufficient. If the amount levied shouhl be more 
 than sufiicient, provision is made for tho disposition of tlie snrphis. 
 (Sub-sec. 6.) It would appear to be necessary ' here there are in the 
 hands of the Sheriff, at the same time, several wiitd of execution against 
 the same Corporation, to strike a rate for each particular writ. (.Sue 
 Grant v. 27ie Corporction of the City of Hamilton, 2 U. C. L. J., S'. y. 
 2ti2.) 
 
 (/) The//-*"' thing for the Sheriff to do is, to deliver a copy of tlio 
 writ, indorsen>e >t and statement, in the first sub-section mentioned. 
 
 The second, nftjr thj expiration of a month, to examine the asses-!- 
 mcnt rolls of the Corporation and strike a rate, Ac, as in the second 
 sub-section directed. 
 
 The third, to issue ft precept sucli as in the sub-section here annotji- 
 tod mentioned, If the Corjjoration withhold tht assessment rolls from 
 the Slicriff, his remedy would be to apply to the Court by mniiuumus, 
 to i^ompel tliom to submit tho rolls to him. (See Orant v. The Cor- 
 j'oration of the City of Hamilton, 2 U. C. L. J., N. S. 202.) 
 
 (g) Tho dutios of Collectors under this clause ure the following .- 
 
 1. To add a column to the general roll, with th^ heading directed. 
 
 2. To insert therein the amount by the precept retjuired to be levied 
 
 \ 
 
THE MUNICIPAL MANUAL. 
 
 167 
 
 Clerk, At^KCR- 
 ForR and Col- 
 lectors to lie 
 Officers of 
 the Court 
 from which 
 Writ issues. 
 
 nil deM^ 
 able 
 ithin the 
 year. 
 
 5. The SheriiT shall, after satisfying the Execution and all Surplus, 
 fees thereon, pay any surplus, within ten days after receiving 
 the same, to the Chamberlain or Treasurer, for the general 
 puposes of the Corporation ; (/t) 
 
 6. The Clerk, Assessors and Collectors of the Corporation 
 shall, for all purposes connected with carrying into effect, or 
 permitting or assisting the Sheriff to carry into effect, the pro- 
 visions of this Act, with respect to such executions, be deemed 
 to be Officers of the Court out of which the Writ issued, and 
 as such shall be amenable to the Court, and may be proceeded 
 against by attachment or otherwise, to compel them to perform 
 the duties hereby imposed upon them, (t) 
 
 DEBTS AND RATES. 
 
 Ykaely Kates and Debts. 
 fB9Si. The Council of every Township, and the Council of Yearly rates 
 every County, and of every Provisional Corporation, and of gu^ie^uo 
 every City, and of every Town, and of every incorporated pay nii debt 
 Village, respectively, shall as.sess and levy on the whole ratable ^ui 
 property .within its jir' diction, (_;) a sufficient sum in each ^'' 
 year to pay all valid d s of the Corporation, whether of prin- 
 cipal or interest, falling due within the year; (/<:) but no such 
 Council shall assess and levy in any one year more than an 
 aggregate rate of two cents in the dollar on the actual value, 
 
 o. To levy the nmovint of tlic execution rate. 
 
 4. To return to tlio Sheriff, witliin tlie tirn^ limited, the precept, 
 with the amount levied, after deducting ^)er centage. 
 
 (h) See note e to this section. 
 
 (i) Tills is a most important clause. The power of the Court over 
 its officers is of a very summary nature. They may be punished by 
 process of attachment for contempt in disobeying its rules or orders. 
 
 (j) Thc3 assessment i.s to be made on " the leholc ratable property," 
 ttc. An assessment, therefore, on wild lands alone would be invalid. 
 (T;/he v. The Municipality of Waterloo, 9 U. C. Q. B. 672.) 
 
 (A) The power given is to assess and levy, <&c.,.a sufficient siim in 
 each 3'ear to pay nil valid debts, «fec., falling due within the year. It is 
 not easy to define wliat is meant by " a valid debt." It may bo 
 d'scribed as a debt which the Corporation is legally liable to pay, and 
 tiie payment of which may be enforced by process of law. Then the 
 assessment is to be for a valid debt " falling due within the jear ; " 
 tlierefore an assessment may be made for a debt incurred in a previous 
 year, provided it is a valid debt, and fall due within the year in which 
 the assessment is made. The general inconvenience of retrospective 
 rates has in England been long known and recognized in the courts of 
 law, on the ground tliat succeeding rate-payers ought not to be made 
 to pay for services of wliich their predecessors have had the be.iefit. 
 (See The h'iii;/ v. Ch'tjid-ifirden of Il.moith, 12 East, C56 ; Cortin v. Kent 
 Walrnoorks Conijktiii/, 1 li, ct C ' M ; The lung v. Justices of Flintshire, 
 r, B. .t Aid. 701 ; W'oods V. Ji'ccd, 2 M. .fc "\V. 777 ; Jone^ v. Johnson, 5 
 
\ 
 
 168 THE MUNICIPAL JIANUAL. 
 
 exclusive of School rates. (I) And if in any Municipality the 
 
 Ex. 862 ; S. C. ia Error, 1 Ex. 4B2.) One object of tlie law, as rate- 
 payers fluctuiite, is to protect present inhabitants from beine; burthencd 
 with tlie expenses of their predecessors. (The Kiiifj v. Wnvell rt al., 
 Doug. 110; The King v. Ooodcheap, 6 T. R. 159; Attorney- General v. 
 Whjan, 18 Jurist, 299.) As a rule, money required for municipal pur- 
 po.sos ought to be raised as the law directs — beforehand, instead of 
 being in any manner or by any person advanced, in the expectation of 
 reimbursement by the municipality. (See The lung v. Chu/xl-irimkn 
 of Jimilford, 12 'East, 556; Tawnet/t Case, 2 Rayd'. 1009; Duw.ion v. 
 \Vilkinson. Cases Temp. Hard. 381. But see Burnham v. The Corpo- 
 ration of Pderbormigh, 8 Grant, 366 ; S. C, 7 U. C. L. J. 73.) It is 
 for reasons such as these that the power to assess under this section 
 is restricted to debts falling due " within the year." (See Cln/ip v. 
 The Corporation of The Towmhip of Thurlow, 10 U. C. C. P. 53a.) 
 The result appears to be, that no Municipal Council has power, with- 
 out the consent of the electors, to authorize the expciulitiirc of money 
 for purposes not falling under the head of ordinary expenditure, witli 
 out having the money in hand to meet the demand, and without 
 making provision, by rate or otherwise, to raise Uie required amount 
 to meet the demand when due. {McMaster v. The Corj>orntion of Xeic 
 market, 11 U. C. C. P. 398; S. C, 8 U. C. L. .T. 44.) The policy of 
 tlie 'aw appears to be, that all debts, where there is not. money in 
 hand to meet them, should be met by a rate in antieipalio)!, or tiiat 
 otherwise the amount shoidd be raised by rate within the current 
 year. By the observance of this policy, abuses may bo prevented; 
 but by the neglect of it, abuses will assuredly arise. If there were 
 no such policy to be observed. Council after Coiineil niiglit allow 
 arrears of debts to accumulate j'car after year, so as to bind future 
 Councils and to burthen future rate-payers. If this were jicrniitted. 
 there would be no check upon the extravagnnce of inunit ipal eoun- 
 cillors. The Legislature, in order to protect the intereists of lite riitc- 
 ])ayers of the several Municipalities against abuse of the powers iMitru.-l - 
 ed to the Municipal Councils, and which have authority for inimv pur- 
 })()ses to bind them, have provided certain restrictions and liiniiiilioi.s 
 u|)un tiieir powers. It is for those who contract with the iluuieipal 
 Councils to see for themselves that the powers given are exercised 
 with a due regard to such restrictions and limitations. If they 
 neglect tliis, they have their own want of caution to tlianl: for any 
 inconvenience or loss they may sutfer in conscrpuniee, ami tluy cer- 
 tainly should not expect that such neglect s^hoidd opcrati' in t lieir favor, 
 and furnish an argument for disregaiding those wise pro\isioiis of law 
 whidi are designed to protect rate-payers from reckless or umiutliorized 
 expenditure or incurring of debts by Munici|)al Councils. (See Millish 
 v. The Town Council of Brantfonl. 2 U. C. C. P. 35 ; Scott ct a/, v. The 
 Corponition of the Town of Peterhurouf/h, 19 U. C. (J. IV -If.O ; \Vri</ht v. 
 The Corporation of the County of Ore,', 12 U. C. C. P. 479 ; Crosa v. 
 T/,i Corporation of the City of Ottami, 23 U. C. Q. B. 2.sS.) It has 
 tlieret'ore been held, that a Municipal Corporation, sued for woi-k iloiic. 
 m;iy i)lead tjiat the cause of action arose for and coiueniiniii: a debt 
 inouTed and falling due in a previous j'enr, wiiieh was not within tiie 
 ordinary expeiiditure of the Corporation for that year, and iov which 
 no rate was by by-law imposed. (M.) 
 
 (/) Tliis limitation as to the amount of rate is now anj important. 
 
THE MUNICirAL MANUAL. 
 
 169 
 
 the 
 
 
 Apgri'gate 
 ratu limlttiJ. 
 
 If such Hg- 
 gregate bf 
 not Ruffloient, 
 to pay debts 
 pavnblo 
 within the 
 year. 
 
 ajigregatc amount of the raf.es necessary for the payment of 
 the current annual expenses of the Municipality, and the 
 interest and principal of the debts contracted by such Muni- 
 cipality at the time of the passing of this Act shall exceed the 
 said aggregate rate of two cents in the dollar on the actual 
 value of such ratable property, the Council of such Munici- 
 pality shall levy such further rates as may be necessary to 
 discharge obligations already incurred, but shall contract r.o 
 iurther debts until the annual rates required to be levied 
 Avithin such Municipality are reduced within the aggregate 
 rate aforesaid, (m) 
 
 By-Laws to Create Debts, &c. 
 S'30- Every such Council (n) may, under the formalities iiy-iaw« lor 
 required by law, (o) pass By-laws for contracting debts by ^^,3"!'"" 
 borrowing money or otherwise, (^;) and for levying rates for 
 payment of such -lebts on the rateable property of the muni- 
 cipality, for any purpose within the jurisdiction of the Coun- 
 cil, ((/) but no such By-law shall be valid which is not v 
 accordance with the following restrictions and provisions, (r) 
 
 Tlie rnti's in soino Municipalities were, before the pnssini;' of lliis net, 
 so riqiiiily incroasiiifr us to onusp alarm ninons the rale-payers, and 
 seriously ili'Miiiit*h tlie value of jiroperty and so threaten to inipoveri.sh 
 tlie rate-payers. The remedy a[>piied is tiint of limitinij tiie n<i'i;;resiite 
 aimiial taxation to "two cents in tiio dollar on the actual vidue, o.k- 
 (•hl^i\•e (if seiiool rates.' If an attempt were made to exceed tlie 
 restriction, no doubt tiie Court of Ciiancery would, upon a jtroper ease 
 bein;^ madt! out, interfere by injunction. (See The Edinbuy<ih Life 
 IiisHraiur Co)iipa»i/ V. The Jtiinicipnliti/ of the Totrii of St. Catha •incs, 
 10 Grant 879.) 
 
 ()/i) The Lei^islature of courso does not intend to interfere wi>!< the 
 ol)li<>-ati()n to pay debts already createil. In JMunicij)alities where the 
 limit speeitied, of two cents in the dollar of actual value, is not enou<;-li 
 to defray ordinary expenditure and interest and principal of debts 
 contracted at tiie time of the passing of the net, power is {jiven toltvy 
 " sucii furtliir rates ar. may be necessary, ifec." IJut no further debts 
 are to l)e contracted until the animal rates required to be levied are 
 reduced " within the agj^regate rate aforesaid," «. e., two cjnts in the 
 dollar on actual value. 
 
 (u) Siirh Cuiiucil, i.e., the Council of every Township and the Coim- 
 cil of every Count}', and of every IVovisional Corporation, and of 
 every Citv, and of everj- Town, and of every Incorjwrated Village. 
 (.See. 22.V) 
 
 ((>) See note c to sec. 214. 
 
 (/») Or othi:neise,i.e., " otherwise contracting a debt." 
 
 (7) See note '. to sec. 22,'>. 
 
 (r) The Col ncil ma;/ under the formalities reqiured by law, pass 
 bylaws, A-c. ; lait no siuli by-laws sh.ill Ite valid tiidess in accord-.nee 
 
170 
 
 
 
 
 Terras of. 
 When to 
 take eilt'ct. 
 
 When dftbt 
 
 to 1)0 
 
 reiieemcd. 
 
 If for Giis 
 workp, ic. 
 
 'I'll provUe I 
 yearly rate 
 
 THE AIUNICIPAL MANUAL. 
 
 1. The liy-law, if not creating a debt for the purchase of 
 public works, (s) shall name a day in the financial year in 
 •which the same is passed, when the By-law shall take cffect.(<) 
 
 2. If not contracted for gag or water works, or for the pur- 
 chase of public works, according to the Statutes relating 
 thereto, the whole of the debt and the obligations to be issued 
 therefor shall be made payable in twenty years at furthest 
 from the day on which such By-law takes effect ; and if Jie 
 debt is contracted for ga8 or water works, the same shall in 
 like manner be paid in thirty years at furthest, from the day 
 on which the By-law takes effect ; (?/) 
 
 3. The By-law shall settle an equal special riite per annum, 
 in addition to all other rates, to be levied in each year for 
 paying the debt and interest; (w) 
 
 \vil}» the restrictions and provisions of this section. Tiie former rehites 
 to tlic power, tlic hitter to the mode or form in wliieii it i^ to bo e.xcr- 
 
 if 
 
 ciseil. Jf no power, tlic by-law will of course be inviilid : bnt even 
 power, if exercised otlierwise than in nccordanco with tlie provisions of 
 tliis section, it will be also invalid. 
 
 (s) As to by-laws for the purchase of public works, see sec. 229. 
 et S(:<j. 
 
 {t) It seems that the Legislature intend that in the body of every 
 by-Liw shall bo stated a day on which the same is to take etfect. The 
 date on whicli a by-law is to take effect, docs not iicoessarily form a 
 part thereof, thoiiirh it may be the practice for some otlieer of the Cwr- 
 poration to mark the day of its passing on it. The i.enislature, how- 
 ever, meant that it should not be necessary to refer to anything 
 extrinsic to the by-law for the purpose of lenrniiig when it would or 
 had come into operation. The purch-iser of a dcbi'iitnre for instance 
 would require to see that it and the by-law under which it was issued 
 was legal, and might on that account require to see win ii the by-law 
 took effect (per Draper, C.J., in In re Mlchiv and the Corponilion of the 
 CUii of Toronto, 11 U. C. C. P. 384.) 
 
 (m) The power to contract a debt payable at a future period, and to 
 secure its payment at that period by the rate-payers then living, is 
 founded on the principle that the object for which the debt is con- 
 tracted is one which will benefit future rate-payers a- well as those 
 living at the time tl e debt is contracted. This is (piitc consist eut with 
 the i)olicy of numic.{)al law, as explained in note /• to sec. 225. 
 
 (f) The By-law is to " settle" the rate and not leave it to a nmni- 
 cipal ofhcer to bo computed (see ?'//« Camulit ('oiiijunii/ v. 7'/tc Mnui- 
 cipal C'linir'il of the Comtfi/ of Jfiddlcser, K) U. ('. (^ H. 'X\); ami when 
 so settled it is to be a special rate (}ttHiKh v. Thi' T> u-.i Cotmcil of the 
 Town of Br'vitfml, 2 U. C. C. P. 'io) and not only so, but " an eqmd 
 special rat(,' jn r 'uinitm." that is, the rate is to be einial in each succeed- 
 ing \ i!ir — not lliictuatiiig according to the arhitrai-y (li--'Tetii)ii of the 
 MiU)i(i[ialitv. (hi re Sells and the Matudi^ditii »f the Vi'lmie of iit. 
 Thvmun, U U. C. V. P. 28G.) 
 
ra 
 
 ISC of 
 tir in 
 
 (ct.(0 
 
 pur- 
 Jlatipg 
 Issued 
 rthest 
 if i!)o 
 lull in 
 |e (lay 
 
 111 u in 
 
 A 
 
 THE MUNICIPAL MANUAL. 
 
 4. Such special rate shall be sufficient, accoidinfr to the 
 amount of ratable property appearing by the last revised assess- 
 ment rolls, to discharge the debt and interest when respectively 
 payable ; (w) 
 
 5. The amount of ratable property sh.^H lo ascertained 
 irrespective of any future increase of the ravible property of 
 the municipality, and of any income in the n?turc of tolls, in- 
 terest or dividends, from the work, or from 0!iy stock, share or 
 interest in the work, upon which the money to be so raised or 
 any part thereof is intended to be invested, and also irrespec- 
 tive of any income from the temporary investment of the 
 sinking fund or of any part thereof; (.c) 
 
 6. The By-law shall recite : (1.) The amount of the deb* 
 which such new By-law is intended to create, and, in some 
 brief and general terms, the object for which it is to bo created ; 
 (2.) The total amount required by this Act to be raised 
 annually by special rate for paying the new debt and interest; 
 (J).) The amount of the whole ratable property of the muni- 
 cipality according to the last revised, or revised and equalized 
 assessment rolls ; (4.) The amount of the existing debt of the 
 municipality, showing the interest and principal separately 
 and how much (if any) interest is in arrears; and, (5.) The 
 annual special rate in the dollar for paying the interest and 
 creating an equal yearly sinking fund for paying the principal 
 of the new debt, according to this Act. (y) 
 
 (ic) It docs not ajipcnr to be necessary that the By-law fhouUl set 
 fortli the estimates on vini.!\ it is founded. (Fletcher v. 77ie Mtiiii- 
 dpnfiti/ of Euphrasia, If? U. C. Q. B. 129.) The Court \,-ill intend that 
 lirojier estimates have been made, in the absence of evidence that they 
 are wanting, [lb.) If the rate is demonstrated to be iiisufficiont, the 
 by-law may be quashed. [Perry v. The Town Council of the Town of 
 ^V'ithll, 13 U. C. Q. B. 5G4.) It has been held that JIunicipal Coun- 
 cils cannot by by-law borrow money at a rate of interest exceedinj^ 
 six per cent. ( Whon and the Municipal Council of the Countiiof Elgin, 
 13 U. C. Q. B. 218.) 
 
 (x) It does not appear to be necessary that the by-law should =;tate 
 the rate to be calculated at so much in the dollar on the aiiwtl value 
 of tiio ratable property of the Municipality. ( Tylcv v. The Jfunici- 
 jialit'i of Waterloo, 9 U. C. Q B. 5|S.) In the absence of anything to 
 tlie contrary, the Court will intend that the Council has acted accord- 
 ing to law. [lb.) 
 
 (i/) 1 he by-law should describe the debts and their amounts. (See 
 7'he ''Jaiiuda Companij v. The Municipal Council of the Counti/ of Middle- 
 i><'X, 10 U. C. (J. B. 93; Ex parte Hayes and the City of Toronto, 7 U. C. 
 C. P. 253.) These may be shown in the recitals of the by-law. AVhere 
 a bylaw recited that the amount of the whole ratable propert}- of tho 
 township, according to the last assessment returns, was £114,756; and 
 
 171 
 
 To be sum- 
 cifiit In 
 amount. 
 
 Irreciiectlve 
 of future 
 increRPe ( f 
 rntnWi* 
 property. 
 
 Reel lulu !r. : 
 amount nuj 
 
 Otijl'C't of 
 
 dctit. 
 
 The vcarlv 
 rate tiir the 
 dt^lit. 
 
 Tho V!ih|i> oT 
 tho ratalilo 
 property. 
 
 Th« yearly 
 rate for 
 Sinking; 
 Fund iind 
 Interest. 
 
172 
 
 THE MUNICIPAL MANUAL. 
 
 237. Every By-law, (except for drainage as provided for 
 under the two hundred and eighty-second section of this Act), 
 
 tliat it would require the annual rnteof 2^J. in the pound, ns a npccial 
 rate for payment, &c,; and then enacted that a special rate of 2^i/. 
 should bo levied to pay the principal and interest of the loan to be 
 raised under tiie by-law, and that the proceeds of such special rates 
 should bo ii]iplied solely to the payment, <tc., until the same bo fully 
 paid and satisfied: Ilelu, that the recital as to the amount of ratable 
 property and tiio assessment returns sufficiently appeared, and that it 
 sudiciently appeared that the amount was to be raised in each year. 
 (In re Cameron and the Municipality of Eatt Nissovri, 13 U.C. Q. B. 190.) 
 In one part of the by-law the Reeve was empowered to ismio deben- 
 tmos for 'uch sums as should be from time to time required for the 
 purposes mentioned, but not to exceed in the whole £10,000. In sub- 
 sequent clauses a special rate was imposed to pay " the said sum of 
 £1U,000," and tiie application of " the said sum of £10,000" was pointed 
 out. The debentures were directed to bo made payable " within 
 twenty _years of the tinne tliat this by-law shall come into operation." 
 Held, that the .mraount of the loan, and the time when tlic debentures 
 were to be made payable, was stated with sufficient certainty. (/'».) 
 Where a by-law provided that the site of an old town-ball should bo 
 disposed of, a;id any money above the proceeds of the hall reijuircd 
 for the erection of a new one, should be levied on the ratable pro])('rty 
 iti the Municipality, but did not fix the amount or tlie rate to be levied, 
 tids part of the by-law was held bad. {In re Ilawke and the MunieipnUty 
 of Wellcslei/, 13 U. C. Q. B. t>36.) When errors in computation only are 
 shown in a by-law, though extensive, the Court will lean strongly to ^^ul)- 
 jiort it, especially when it has been acted upon. (Orierson anil the Afimici- 
 pali/i/ of Otitnriii, y U.C. Q. B. 623 ; Secordand the Corj>orationof L'nii olii, 
 21 U. C. (I. 1). 142.) Not only the rate must be mentioned in tin- by- 
 law, but the aruouut to be raised thereby (See I)/lee and the Munici/ndili/ 
 of li atcrloo, 9 U. C. Q. B. 6'72), and also the purpose or ^ ojeet for wbicli 
 it is reipilred. (76.) Thus, " to pay off two debenture's Ineld by William 
 Allan, for erecting the court-house in said district" {lb. p. ot^s), or 
 "for the purpose of liquidating tlie sum of £1,500 due to the (Joro 
 Bank, and the sum of £500 due by the District to Alexander I)rysdal«, 
 Esquire." [lb.) Besides, the by-law must recite the amount of the 
 wiiole ratable jiroperty of the Municipality, accordimg to the last re- 
 vised or revised and equalized assessment rolls. (See MeCormlek v. 
 (lakl'>J. 17 I'. ('. Q. B. 345.) Unless the recital of tit; ratable properly 
 ot'tb*- Muni'ipality as to amount be made out to be clearly erroneous, 
 the ('ourt w 1 not on tiiis ground quash the by-law. [In re I'otjard 
 and the Corj> fation of tJie Couutu of Lincoln, 24 V. C. Q. B. 10.) 
 
 Tiie following is a general form of by-law preparetl by tlic editor, 
 to meet the reijuirements t/ this soetiou : 
 
 No. — . 
 
 |. 
 
 " A Bii-Law 1.0 raise by way of Loan the sum uf — 
 
 therein mentioned.'" 
 
 Whereas tlio Municipal Council of tiie of 
 
 ciiji, town or ineorporaled t'illayf, d'c.) have (here recite in brief and i/ene- 
 ral term.'< the olijccf for ivhieh the Joan is required, a.s, " have resolved to 
 make a plank road from," Ac.) and to carry into effect the said recited 
 
 -, for the pnrjto.sis 
 
 (nitinr eDuiitif, 
 
THE MDNICIPAL MANUAL. 
 
 I ^'0 
 
 vS 
 
 for raising upon the credit of the municipality any money not 
 required for its ordinary expenditure, and not payable within 
 
 objiict, it will 1)0 necessary for the snid Municipal Council to raise the 
 sum of in the manner hereinafter mentioned. 
 
 And wlieroas it will require the sum of -^— to be raised aiinunlly 
 by s[iccial rate for the payment of the said loan [or debt and interest), 
 as also hereinafter mentioned. 
 
 And wlierets the amount of the wholp ratable property of the said 
 Municipality, irrespective of any future increase of the same {and where 
 the money to be raised, or any part thereof, ia intended to he invested in any 
 work, " and irrespective of any income in the nature of tolls, interest 
 or dividends, from the said work," or "from any stock, shares or 
 interest in the said work," Ac.,) and also irrespective of any income 
 to be derived from the temp(>rary investment of the sinking fund here- 
 inafter mentioned, or any part thereof, according to the Inst re*, iscd 
 (()/' revised and equalized) assessment roll of the said Municipality, 
 
 beiiiif for the year one thousand eight hundred and , was 
 
 dollars. 
 
 And whereas the amount of the existing debt of the said Munici- 
 pality is as follows: Principal, the sum of $ ; and interest, the 
 
 sum (if ft ; making in the aggregate the sum of $ ; of which 
 
 interest the sum of $ ia in arrear. {T/iia recital is new, and 7iow 
 
 rcijiiired for the first time.) 
 
 And whereas for paying the interest and creating an equal yearly 
 
 sinking fund for paying the said sum of and interest, as herein- 
 
 at'ter mentioned, it will require an equal annual special rate of 
 
 cents in the dollar, in addition to all rates to be levied in each year. 
 
 15e it therefore enacted by the Municipal Council of the of 
 
 {as lie fare). 
 
 1. That it shall be lawful for the Reeve {or other head of the Mimici- 
 jiiiliti/, describing him by his name of office) to raise by waj* of loan from 
 any person or persons, body or bodies corporate, who may bo willing 
 to advance the same upon the credit of the debentures hereinafter 
 mentioned, a sum of money not exceeding in the whole the sum of 
 
 , and to causte the sama to be paid into the hands of the Treasurer 
 
 {or Cliamberlain, as the case may be) for the purpose and with the 
 object above recited. 
 
 '2. That it shall be lawful for the said Reeve {or as before) to cause 
 any number of debentures to be made for such sums of money as may 
 be required, not less than one hundred dollars each {or if in aid, ttr.. of 
 a railway, "not less than twenty dollars" each), and that the said 
 debentures siiall be sealed with the seal of the said Municipal Council, 
 ami be signed by the said Reeve {or by some other person, naming him, 
 outhorizcd by law to sign the same), 
 
 :]. That the said debentures shall be made payable in twenty {or if 
 t/ir debt be contracted for gas or water works, " thirty ") years at furthest 
 from llie day hereinafter mentioned for this by-law to take etiect, at 
 the offi'e of the Treasurer (or Chamberlain, as the case may be, or else- 
 where if thought fit) of the said Municipality, and shall have attached 
 to tliein coupons for the pp-^ment of interest, 
 
 4. That tlie said debentures shall boar interest at and after tiie rate 
 of six pel- cent, per annum, from the date thereof; which interest shall 
 be payable on the {namiiig days, yearly, half yearly or quarterly, as the 
 
174 
 
 THE MUNICIPAL MANUAL, 
 
 To 1)0 llSFCUt- 
 
 ed to by the 
 r«te-p»yer». 
 
 Exi-cptinn 
 Tor (Iriiiimge. 
 
 Ilxreptlon as 
 til Counties 
 I thi-r tliiin 
 Cities. 
 
 ("nurse of 
 procci'ilini? 
 by tJ( unity 
 Comii'ils. 
 
 the same municipal year, (a) shall, before the final passing 
 thereof, receive the assent of the electors of the municipality 
 in the manner provided for in the one hundred and ninety- 
 sixth section of this Act j (b) except that in counties (other 
 than cities) the Council of such county or counties may raise 
 by IJy-law or By-laws, without submitting the same for the 
 assent of the electors of such county or counties, for contract- 
 ing debts or loans, any sum or sums, over and above the auma 
 required for its ordinaiy expenditure not exceeding in -luy one 
 year twenty thousand dollars, (c) 
 
 S88. Provided that no such By-law of a County Council 
 for contracting any such debt or loan for an amount, over and 
 above the sums required for its ordinary expenditure, not 
 exceeding in any one year twenty thousand dollars, shiill be 
 valid, (</) unless the same is passed at a meeting of the Coun- 
 cil especially c-illcd for the purpose of considering the same, 
 and held not less than three months after a copy of such IJy- 
 law at length as the same is ultimately passed, together with 
 
 h 
 
 tase matj he) nt the office of the Treasurer aforesaid {or chtichcv, as tli>' 
 Connvil mui/ sec Jit). 
 
 5. Tliat for the purpose "f forming a sinking fund for tliu payment 
 of the said debentures, and the interest at the rate aforesaid to become 
 due thereon, an eqiml special rate of — cents in the dollar shall, iti 
 addition to all otlier rates, be raised, levied and collected in each year, 
 upon all tlic ratable property in the said Municipality, during the con 
 tinuance of the said debentures or any of them. 
 
 ('). That this By-law shall take effect and como into operation u\wu 
 
 the da}' of {this day lo be a day within tlie financial ijcur in 
 
 which the Bi/-law is passed, and to be fixed at the time of the jiasainy thereof^ 
 unless the debt to be created be for the purchase of public works.) 
 
 (<i) See note k to sec. 225. 
 
 {h) The by-laws intended must receive the assent of the electors of 
 the Municipality, in default of which the by-laws themselves woidd be 
 invalid. 
 
 ((•) The rule is tliat every by-law for raising money shall, before the 
 final passing thereof, receive the assent of the electors. The exceptions 
 are, first, by-laws requiring money for ordinary expenditure ; pocoiidly, 
 by-laws raising money to be paid in the municipal year in which 
 raised ; and, thirdly, by-laws of counties contractmg debts or loans 
 not exceeding in any one year twenty thousand dollars. 
 
 (</) There is some obscurity in these sections. The meaning secnit. 
 to be that in addition to the stims required for the ordinary e.vpendi- 
 turo of the year, a County Council may raise, in the form j)reseribed, 
 a sum not exceeding twenty thousand dollars without a public vote, 
 but that for any additional amount beyond that sum, the sanction of 
 a vote is necessary. (Sec sec. 196.) 
 
 |[ 
 
a final passing 
 le municipality 
 •ed and ninety- 
 sounties (uther 
 ntics may raise 
 ! same tor the 
 IS, for contract- 
 ibove the sums 
 ding in '.uiy one 
 
 jounly Council 
 lount, over and 
 tpcndituro, not 
 lollars, shall be 
 ig of the (,'()un- 
 ering the same, 
 spy of such liy- 
 l, together with 
 
 or chculic)--, as th'' 
 
 (1 for the payment 
 'oresttid to become 
 lie dollar shall, in 
 ctcd in each year, 
 ty, dvu'ing tlie con- 
 
 ito opcrntion >ipoi! 
 e financial iimr in 
 ' the pasumg thvrf.of, 
 lie works.) 
 
 t of the electors of 
 [Cmselves would be 
 
 ey sludl, before the 
 )rs. The exceptions 
 nditure ; secondly, 
 pal year in which 
 ing debta or loans 
 llors. 
 
 riie meaning seenit; 
 5 ordinary cxpendi- 
 le form prescribed, 
 hout a public vote, 
 um, the sanction of 
 
 THE MUNICIPAL MANUAL. 
 
 a notice of the day appointed for such meeting, (e) has been 
 published in some newspaper issued weekly or oftener within 
 the eounty, or if there be no such publie newspaper, then in 
 a public newspaper published nearest to the county ; (/) which 
 said notice may be to the effect following: (g) 
 
 Form of Noticb. 
 " The ab ive is a true copy of a proposed By-law to' be taken 
 into consiJeration by the municipality of the county (or united 
 counties) of at in the said county, (or united coun- 
 ties) on the day of , 18 — , at the hour of 
 
 o'clock in tlio noon, at which time aud place the mem- 
 
 bifs of the Council are hereby required to attend for the 
 purpose aforesaid. 
 
 " G. 11. 
 
 " Clerk." 
 
 PUUCUASE OP PUBLIC WORKS. 
 
 329. 1 A ny Council may contract a debt to Her Ma- 
 jesty, in the purchase of any of the Public Roads, Harbours, 
 Bridges, Buildings, or other public works in Upper Canada; 
 and may execute such bonds, deeda, covenants and other 
 securities to llcr Majesty, as the Council may deem fit, for 
 the payment of the price of any such public work already sold 
 or transferred, or which may be sold or transferred, or agreed 
 to be sold or transferred to such Municipal Corporation, and 
 for securing the performance and observance of all or any of 
 the conditions of sale or transfer; and may also pass all 
 necessary By-laws for any of the purposes aforesaid ; and all 
 such by-luws, debts, bonds, deeds, covenants and other securi- 
 ties shall bo valiil, although no special or other rate per annum 
 has been settled or imposed to be levied in each year, as pro- 
 vided by the three last preceding sections of this Act : 
 
 (c) Tiie by-law is to be published nt length, " as the same is ulti- 
 mately passed." ITcnce if, between publication and passing, a material 
 alteration is niMiie in the by-law, the by-law will bo invalid. (In re 
 £ri/antand th( Municipality of Pittsburgh, 13 U. C. Q. B. 347.) But it 
 does not follnw Hint on this ground alone the Court would necessarily 
 quasii the by-law. {Boulton and the Town Council of the Toivn of Peter- 
 borough, 16 U. C. Q. B. 380.) 
 
 ( f) The by law t*hould of course be published in a newspaper as direc- 
 ted. (See In ?•< Simpson and the Corporation of the County of Lincoln, 
 13 U. C. C. v. 48 ; Paffard and the Corporation qfthe County of Lincoln, 
 24 U. C. Q. B. 16.) But notwithstanding omission to follow the direc- 
 tions of the statute, the Court may decline to quash the by-law, {BouU 
 ion and the Town Council of the Town of Peterborough, 16 U.C, Q. B. 880.) 
 
 {g) See note a to sec. 202, 
 
 175 
 
 Form of 
 notice. 
 
 Munlcipul 
 Councils 
 may par- 
 chaFe Public 
 Works, and 
 contract 
 debts with- 
 out imposing 
 a yeariy rate 
 as provided 
 in the thrt^e 
 last Rentlons. 
 
176 
 
 THE MUNICIPAL MANUAL. 
 
 lUitfii nmy 
 m impoMMl 
 for the p».r- 
 nientofdebti 
 <'i)titra«t»() 
 with the 
 Crown for 
 inch Works. 
 
 2. But any Council may in any Hy-law to be passed for the 
 creation of any such debt, or for the executing any suth bonds, 
 deeds, covenants or other securities as aforesaid, to llcr Ma- 
 jesty, or in any other By-law to b« passed by the ('ouncil, settle 
 and impose a special rate per annum, of such amount as the 
 Council may deem expedient, in addition to all other rates 
 whatsoever, to bo levied in each year upon the assessed ratable 
 property within the ^lunicipality, for the payment and dis- 
 cbarge of such debts, bonds, deeds, covenants or other securi- 
 ties, or some part thereof j and the By-law shall be valid, 
 although the rate settled or imposed thereby bo less than is 
 required by the said sections last mentioned; and the said 
 sections shall, so far as applicable, 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 Council for the creation of any 
 debt as provided in the said sections, o,r to the moneys raised 
 or to be raised thereby ; (^h) 
 
 (h) Tho iscr.cuto 12 Vic. cap. 5, sec. 12, authorized tlio fiovernor-in- 
 Couricil to cmtract witl> any Muuicipnl Council or other lociil ('orpo- 
 rntion, for the transfer to them of any of the public roads, Imrbours, 
 bridges, &c., which it might be more convenient to placo under the 
 raaniigement of such local authorities. 
 
 By statute 14 & 15 Vic. cap. 124, any Municipal Corporation in 
 Upper Canada might contract a debt to Her Majesty in the purcharfu 
 of any roads, «tc., and tho Municipality might enter into, make or 
 execute n'l or any bonds, deeds, covenants or other stcurities to Her 
 Majest , , which such Municipality might deem tit, for liie payment <jf 
 the am junt of purchase money of any such work, and for sotiiring tlie 
 perfornianco of any conditions of sale ; and might also jiastJ nil by-laws 
 for any of the purposes ; and such by-laws, debts, bonds, deeds cove- 
 nants or other securities were to bo bmding and valid on siit.li Muniei- 
 l)ality to all intents and purposes, though no special or other rate per 
 annum should be settled or imposed, to be levied ns provided under 
 the 177th section of ti»e Municipal Corporations Act of 181!). But by 
 section 2, the Corporation was nevertheless authorized, in any by-law 
 for tho creation of such debt, or for making or executing any sucli 
 bonds, deeds or other securities, as aforesaid, to Her JInjesty, or in 
 any other by-law by the Corporation, to impose a special rate ])er 
 annum of such amount as the Municipality might deem expedient, for 
 payment and discharge of such debts, bonds, covenants or other se-iu- 
 rities, or some part thereof: and every such by-law should bo valid 
 and binding on the Corporation, though tho ra*^^e settled or imposed 
 should be less than was required by the 177th section of tlic Municipal 
 Corporations Act for 1849 ; and all provisions of that act (except in so 
 far as they were inconsistent with the act then being passed) were to 
 apply and extend to every such by-law, and the moneys to be raised 
 thereby, as fully as they would extend to any by-law enacted by any 
 such Municipality for the creation of any debt or raising any loan, as 
 provided in said 177th section, and to the moneys thereby raised. 
 
THE MtTNlClPAL MANUAL. 
 
 177 
 
 
 ^1 
 
 3. The Council of any Municipal Corporation purcbasing Purchaw of 
 any claim under the Act respecting the sale and purchase of Gowument 
 claims due to Government for moneys advanced to public 
 works, may raise by assessment the sum necessary to pay the 
 consideration agreed upon, (t) 
 
 HOW ACCOUNTS OF DEBTS AND RATES TO BE KEPT. 
 
 330. The Council of every County, Provisional Corpora- Twogpecifti 
 tion, Township, City, Tol^n and Incorporated Villnge, shall b«Xpt' i", 
 keep in its books two separate Accounts, one for the Special J!][4^*.Tof"' 
 Rate, and one for the Sinking Fund, of every debt, to be both the sinking 
 distinguished from all other accounts iu the books by some '^""''" 
 prefix designating the purpose for which the debt was con- 
 By statute 16 Vic. Cttp. 181, sec. 39, it was enacted that none of the 
 provisions of the 4th or 16th sections of the Mnniclpal Corporations 
 Amenchnent Act of 1861, ehonld ofTect or apply to any by-law passed 
 or to jjo passed by any Municipality in Upper Canada for any of the 
 ]nir|)OHee mentioned in 14 & 10 Vic. cap. 124, or to any debts, bonds, 
 dfcods, covenants or other securities contracted, made or executed to 
 Her Majesty, under the provisions of that act, or for any of the pur- 
 poses tliert'in mentioned. 
 
 By statute 18 Vic. cap. 133, it was enacted, in effect, that no bylaw 
 to be passed for raising money upon the credit of any City, Town, 
 Townsliip or Villogo Corporation, should have force or effect until the 
 approval of the Municipal electors should have been obtained. 
 
 All tlicso provisions wore repealed by the Municipal Institutions 
 Act of 1858; and sec. 226 of Con. Stat. U. C. cap. 64 (of which the 
 sections Iicrc annotated is a re-enactment), was in effect substituted 
 for them. 
 
 The fiiir result would seem to be that none of the three sections 
 (226, 227 & 228) relating to by-laws creating debts, extend to by- 
 laws made for tlie purchase of public works, except in the manner and 
 to the extent pointed out in the second paragraph of the section here 
 aimotated, and that such by-laws would, at all events if passed by a 
 County, be valid, although not containing any special rate, and altliough 
 not assented to by the rate-payers. (See In re (yNeill and the Corpo- 
 ration of the United Counties of York and Peel, 16 U. C. C. P. 249.) 
 
 (j) The Governments of Upper Canada and of Caaada, having at 
 divers times before 1850, under the authority of the Legislature of 
 Upper Canada, advanced or paid sums of money to or for companies 
 incorporated for the purpose of constructing canals, railroads, harbours, 
 roads and other works and improvements of a public nature in Upper 
 Canada ; and such sums or part thereof, or the Interest thereof or part 
 tliereof, in tlie year 1850, remaining unpaid, an act was passed autho- 
 rizing the Provincial Government to dispose of snch claims (13 A 14 
 Vic. cap. 71, now Con. Stat. U. C. cap. 7), and it is to the pnrchase of 
 these claims by Municipal Corporations that this third paragraph is 
 directed. It simply authorizes the Municipal Corporation purchasing 
 any such claim to raise by assessment the sum necessary to pay the 
 consideration agreed upon. 
 
 12 
 
^'%. 
 
 ^, 
 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 
 
 I.I 
 
 11.25 
 
 lis ^^™ 
 
 ■ 2.2 
 
 u lift 
 
 u u 
 
 U 116 
 
 <?^ 
 
 <mi 
 
 V 
 
 7] 
 
 
 '/ 
 
 Photographic 
 
 Sciences 
 
 Corporalion 
 
 23 WiST MAIN STRf r 
 
 WIBSTKR.N.Y. MSM 
 
 (716)t72-4S03 
 
 4s 
 

 o^ 
 
178 
 
 When f>ur- 
 pliiR to be 
 carried to 
 the Sink- 
 ing fund 
 Account. 
 
 ! 
 
 IIow surplus 
 tn be dis- 
 posed of. 
 
 THE MUNICIPAL MANUAL. 
 
 traotcd, and shall keep the said accounts, with any others that 
 are necessary, so as to exhibit at all times the state of every 
 debt, and the amount of moneys raised, obtained and appro- 
 priated for payment thereof. (^ ) 
 
 331- If, after paying the interest of a debt and appropri- 
 ating the necessary sum to the Sinking Fund of such debt 
 for any financial year, (h) there is a surplus at the credit of 
 the Special Rate Account of such debt, (J) such surplus shall 
 so remain, and may be applied, if necessary towards the next 
 year's interest ; but if such surplus exceeds the amount of 
 next year's interest, the excess shall be carried to the credit 
 of the Sinking Fund Account of such debt, (m) 
 
 now SURPLUS TO BE INVESTED. 
 S33- Every such Council shall from time to time, invest 
 in Government securities, or otherwise, as the Governor in 
 Council may direct, such part of the produce of the special 
 rate levied in respect of any debt and at the credit of the 
 Sinking Fund Account, or of the Special Rate Account there- 
 of as cannot be immediately applied towards paying the debt 
 
 {j) In this section there is a subject and an object. The subject is 
 accounts, and the object is that such accounts shall be so kept " as to 
 exhibit at all times the state of every debt, and the amount of money 
 raised, obtained and appropriated for payment thereof." Two accounts 
 are mentioned — the Special Rate account, and the Sinking Fund 
 account. The amount of all rates collected and received by the 
 Treasurer will appear in the first, and from it be transferred to tlie 
 second all such sums as form portions of the sinking fund or fund 
 accumulated for the payment of principal. The first or Special Rate 
 account will constitute the Interest account as well as the general 
 account, and the sums required for interest will be retained therein 
 until disbursed, and then be charged thereto. The sums transferred 
 on account of principal to the second or Sinking Fund account, will of 
 course be also charged against the first or Special Rate account, and 
 when transferred be credited to the second or Sinking Fund account. 
 It is unnecessary to remark npon the great importance of the accounts 
 being kept with the greatest care and accuracy. 
 
 {k) Year, as mentioned in last note. 
 
 {I) A surplus beyond the interest may arise from the increase of 
 ratable property, a;c. ; for when a by-law creating a debt, i&c., is 
 passed, the rataole property is ascertained, irrespective of any future 
 mci'ease, &c. (See sub-sec. 6 to sec. 226.) 
 
 (m) If the surplus of the special rate account in any year exceeds 
 the payment of the ordinary calls upon it, together with the next 
 year's interest, the excess may be transferred to the sinking fund 
 account, that is, applied towards the liquidation of principol. Provi- 
 sion is by the next section made for the investment of the excess, 
 (Sec. 232.) 
 
 U I 
 
 i 
 
 ■"ffi 
 
THE MUNICIPAL MANUAL. 
 
 179 
 
 ers that 
 every 
 appro- 
 
 in 
 
 Investment 
 how to be 
 made. 
 
 Application 
 of moneys 
 with consent 
 of Governor 
 in Council. 
 
 may 
 
 by the reason of no part thereof beino; yet payable, (n) and 
 the Co-ncil shall apply all interest or dividends received upon 
 such investments to the same purpose as this Act directs the 
 amount levied by the Special Rate to be applied, (o) but the 
 Governor in Council may, by order, direct, that such part of 
 the produce of the Special Rate levied, and at the credit of 
 the Sinking Fund Account or of the Special Rate Account as 
 aforesaid, instead of being so invested as aforesaid, shall, from 
 time to time as the same shall accrue, be applied to the pay- 
 ment or redemption, at such value, not exceeding par, as the 
 said Council can agree for, of any part of such debt or of any 
 of the debentures representing or constituting such debt, or 
 any part of it, though not then payable, to be selected as pro- 
 vided in such order, and the Municipal Council shall there- 
 upon apply and continue to apply such part of the produce of 
 the Special Rate at the credit of the Sinking Fund or Special 
 Kate Accounts, as directed by such order, (p) 
 
 APPROPRIATION OF SURPLUS. 
 
 S33. Every such Council may appropriate to the payment council 
 of any debt the surplus income derived from any public or apply other 
 corporation work, or from any share or interest therein, after ^ards such 
 paying the annual expenses thereof, or any unappropriated *''*'*''• 
 money in the Treasury, or any money raised by additional 
 rate ; and any money so appropriated shall be carried to the 
 credit of the Sinking Fund of the debt, (q) 
 
 WHEN BY-LAWS CREATING DEBTS REPEALABLE. 
 
 Q94:. When part only of a sum of money provided for by when part 
 a Ry-law has been raised, the Council may repeal the By-law ""'y {"^ * 
 as to any part of the residue and as to a proportionate part of been in- 
 
 (n) See last note, 
 
 (o) This provides for the safe keeping of the funds accruing, more 
 especially to the sinking fund account, which may be required to 
 accumulate for twenty or thirty years. (Sec. 2 of sub-sec. 226.) 
 
 (/)) The latter part of this section was, in 1853, added in committee 
 of the Legislative Council. If acted upon, it would prevent the accu- 
 mulation of moneys lo the sinking fund account, but would extinguish 
 the principal of the debt to the same extent that it would otherwise 
 increase. 
 
 (17) And probably create a surplus in the sinking fund account in- 
 asnuich as when a by-law creating a debt, &c., is passed, the ratable 
 property of the municipality is ascertained, irrespective of any income 
 iu the nature of tolls, interest or dividend from the work upon which 
 the money to be raised or any part thereof is to be invested. (Sec. 
 226, sub-sec. 6.) 
 
ISO 
 
 THE MUNICIPAL MANUAL, 
 
 !!y-h»\vs not 
 ivpi-aliible 
 snd «|ipro 
 
 piiiil. 
 
 >nrrcd the the Special Rate imposed therefor, provided the ropeulinct By- 
 "frep'es'w '^^w recitcs the facts on which it is founded, and is uppoiiitod 
 pro tanto. fo take effect on the thirty-first day of December in tlic year of 
 its pnssinpr, and does not effect any rates due, or pcniiUics in- 
 curred before that day, and provided the ]Jy-law is first approved 
 by the Governor in Council, (r) 
 
 S3ci. After a debt has been contracted, the Council slinll 
 not, until the debt and interest have been paid, repeal the IJy- 
 ■ '"'.''"??,i''°* ^^^ under which the debt was contracted, or any I'y-hnv I'ur 
 u\\<\M " p!>yi"g the debt or the interest thereon, or fijr piovidintj 
 therefor a rate or additional rate, or appropriatinir tlieret(» the 
 surplus income of any work or of any stock or interest tlicreiu 
 or money from any other source; and the Council shall not 
 alter a By-law providing any such rate so as to diminish the 
 anifiunt to be levied under the By-law, except in the cases 
 herein authorized, (s) and shall not apply to any other purpose 
 any money in the corporation treasury which, not having been 
 previously otherwise appropriated by any By-law or Resolution, 
 has been directed to be applied to such payment. (<) 
 
 (r) The meaning of this section is obvions, and it may be acted upon 
 quite consistently with the rights of creditors. (See note m to sec. 207.) 
 It is an erroneous impression, when once a Municipal Council has de- 
 termined to contract a loan, in order to aid, for example, in advancing 
 a i)uhlic work, that the whole matter of the by-law passed for that 
 object is entirely out of tlieir control, and not merely such parts of it 
 as are necessary for securing those who have advanced money under 
 its provisions. (In re Ilill and the Municipal Council of Walsingham, 
 9 U. C. Q. B. 310.) No by-law passed under this section can take 
 effect, 
 
 1. Unless it recite the facts on which it is founded. 
 
 2. Unless it be appointed to take effect on the 31st December in the 
 year of its passing. 
 
 ?,. Unless it be approved by the Governor in Council. 
 
 4. Nor if it affect any rates due, or penalties incurred, before the day 
 it takes effect. 
 
 (.?) The provisions of this section are necessary for the security of 
 creditors. (See note m to sec. 207.) It is enacted, first, that no Council 
 shall either repeal a by-law under which a debt is contracted, or, 
 secondly, alter a by-law providing the rate so as to diminish the amount 
 to be levied under the by-law, itc. The by-law, however, may, under 
 certain circumstances, be in part repealed, pursuant to sec.2.34 ; so 
 the rate may, under certain circumstances, be reduced, pursuant to 
 sees. 230 & 237. 
 
 (t) This requires the sinking fund to bo left untouched, and prohibits 
 the Council withdrawing any money transferred thereto, or otherwise 
 applying any funds that liave been appropriated thereto. 
 
 .4 
 
 V 
 
THE MUNICIPAL MANUAL. 
 
 181 
 
 J 
 
 WHEN SPECIAL RATE MAY BE REDUCED. 
 
 336- Til case in any particular year, ono or more of the wiienthe 
 followin<j; sources of revenue, namely: 1. The sum raised by by uy.iiw 
 the special rate imposed for the payment of a debt, and col- J^^gj^j,'!' 
 lectcd for any particular year ; and 2. The sum on hand from By-law. 
 previou.5 years ; and 3. Any sura derived for such particular 
 year from the surplus income of any work, or of any share or 
 interest therein applicable to the Sinking Fund of the debt ; 
 and 4. Any sum derived from the temporary investment of 
 the SiMkiii<:^ Fund of the debt, or of any part of it, and carried 
 to the credit of the Special Rate and Sinking Fund Accounts 
 respectively, amount to more than the annual sura required to 
 be raised as a special rate to pay the interest, and the instal- 
 ment of the debt for the particular year, and leave a surplus 
 to the credit of such accounts, or either of them, then the 
 Council may pass a By-law reducing the total amount to be 
 levied under the original By-law for the following year to a 
 sum nut less than the difference between such last-mentioned 
 surplus and the annual sum which the original By-law named 
 and required to be raised as a special rate. («) 
 
 (n) Having discovered the existence of a surplus arising from the 
 sources mentioned in the section, the Council shouhl, first, ascertain 
 tlie jjrecise amount of the surplus ; secondly, ascertain the total 
 amount to bo levied for the then next following year ; thirdl}% deduct 
 the one from the other ; and, fourthly, take credit for the result, and 
 reduce tlie original rate so as to yield no more than what is necessary 
 after taking such credit. 
 
 To ascertain the surplus, it is apprehended that the interest and fee 
 fund appropriation of the current year, as well as an amount equal to 
 the interest of the year following, ought to be deducted from the 
 amount at the credit of the special rate account. In the event of 
 there being a surplus in any year after paying interest and appropri- 
 ating the necessary sum to the sinking fund, sec. 231 requires such 
 surplus to remain in the si>ccial rate account, to be applied if noces- 
 saary towards the next year's interest. If the surplus exceed the fol- 
 lowing year's interest, the excess may be transferred to the sinking 
 fund account, in reduction of principal; if not so transferred iO 
 excess maj"^ be disposed of under the section here annotated. It is in 
 this way only that the two sections can be reconciled, and if not so 
 read, they appear to be irreconcilable. In any event it would appear 
 to be necessary, before dealing with the surplus, to see not only that 
 there is enough at the credit of the special rate account to meet the 
 interest and sinking fund appi'opriation of the current year, but the 
 interest of the year following. If after such calculation enough is 
 found for the two years and to spare, the excess may be either trans- 
 ferred under sec. 231 to the sinking fund, or be dealt with under the 
 section here annotated — that is, looked upon as so much collected in 
 anticipation of the requirements of the year following, leaving the 
 
 i 
 
-' ! 
 
 182 
 
 Recitula 
 reixiilaite in 
 such By-law. 
 
 UediieeJ rate 
 to be named. 
 
 THE MUNICIPAL MANUAL. 
 
 337- But the Bj-Iaw ahall not bo valid unless it recites : 
 
 1. The amount of the special rate imposed by the original 
 By-law ; (a) 
 
 2. The balance of such rate for the particular year or oq 
 hand from former years; (i) 
 
 3. The surplus income of the work, share or interest tliereia 
 received for such year j (c) and 
 
 4. The amount derived for such year from any temporary 
 investment of the Sinking Fund — (d) 
 
 Nor unless the By-law names the reduced amount in the 
 dollar to he levied ''ader the original By-law — (c) 
 
 balance only between it and the .imount necessary, nccordinqj to the 
 oria;inal by-law, to be levied. Money once carried to the sinking fund, 
 under sec. 231, cannot be withdrawn: it cannot be looked upon as so 
 iiinch in hand towards meeting tlie liabilitiea, under the by-law, for the 
 year following. 
 
 The coui-se, therefore, recommended is, whenever a surplus is in 
 any year found to exist, to retain to the credit of the special rate 
 account, besides the requirements of the year, a sum equal to the 
 interest of the following year, and then, first, either to carry tlie 
 balance to the sinking fund account, under sec. 231, or, secoudl}-, to 
 consider it as so much in hand for the next following year, and to 
 reduce the rate of that year so as to make up the deficiency only. 
 
 An example maybe given: — £100,000 is borrowed in 1858, pay- 
 able in 1878, interest yearly at G per cent. In 1858, it is found witli 
 reference to the amount of ratable property in the Municipality tliat 
 to meet tlie annual interest and appropriate an annual siun In the 
 .sinking fund account, a rate of Id. in tlio £ is necessary'. In IS()0, 
 owing to the increase of ratable property and other causes, after 
 paying the interest and sinking fund appropriation of that year out of 
 tlie special rate account, a surplus of £8,000 is found to exist at the 
 credit of tliat account. The interest, for 1861, on £100,000, would be 
 £0,000. Deducting this, there is still an excess of £2,000. This may 
 be either, under sec. 231, transferred to the sinking flmd account, or, 
 under sec. 236, considered as money collected towards meeting the 
 engagements of 1861, under the by-law. If the latter, suppose the 
 amount necessary to be raised in 1861 to be £10,000. Here we deduct 
 not only the £6,000 interest already reserved, but £2,000 clear surplus 
 — leaving only £2,000, and not £10,000, to be raised by rate. Now, 
 if it required Id. to raise £10,000, it will only require one-fifth of Id. 
 to raise £2,000. The rate therefore may, for 1861,. under this section, 
 be reduced from Id. to one-fifth of Id. Such is the object and opera- 
 tion of the law. 
 
 («) See sec. 226, sub-sec. 3. 
 (ft) See note u to sec. 236. 
 {e) See same note. 
 {(l) See same note, 
 (c) Sc same note. 
 
 k 
 
 I 
 
 I 
 
THE MUNICIPAL MANUAL. 
 
 183 
 
 icites : 
 iginal 
 
 or OQ 
 
 Uercin 
 
 Nor unless the By-law bo afterwards approved by the 
 Governor in Council. (/") 
 
 ANTICIPATORY APPROPRIATIONS. 
 
 238. In case any Council desires to make an anticipatory 
 appropriation for the next ensuing year, in lieu of the special 
 rate for such year, in respect of any debt, (g) the Council 
 may do so (h) by By-law, in the manner and subject to the 
 provisions and restrictions following : 
 
 1. The Council may carry to the credit of the Sinking Fund 
 account of the debt, as much as may be necessary for the pur- 
 pose aforesaid; (i) 
 
 (a) Of any money at the credit of the Special Rate account 
 of the debt beyond the interest on such debt for the year fol- 
 lowing that in which the anticipatory appropriation is made ; (j) 
 
 (b) And of any money raised for the purpose aforesaid by 
 additional rate or otherwise ; (A;) 
 
 (c) And of any money derived from any temporary invest- 
 ment of the Sinking Fund j (I) 
 
 (d) And of any surplus money derived from any Corpora- 
 tion work, or any share or interest therein ; (m) 
 
 (e) And of any unappropriated money in the Treasury ; 
 Such moneys respectively not having been otherwise appro- 
 priated ; («) 
 
 2. The By-law making the appropriations shall distinguish 
 the several sources of the amount, and the portions thereof to 
 
 To be ap- 
 proved of by 
 tlioGoTernor 
 
 Anticipatory 
 appropria- 
 tions may be 
 made. 
 
 What Funds 
 may be ao 
 appropriated 
 
 The sources 
 to bs dis- 
 tinguished. 
 
 (/) Afterwards approved, Ac, t. e. after it is prepared according to 
 tlie requirements of this section and before its final passing. 
 
 {g) This and the foregoing sections are made for the relief of the 
 rate-payers, provided the security of the creditors be not lessened. 
 
 (A) May do so, — The doing so, or not doing so, is a matter of discretion. 
 
 (j) Aforesaid, i. e., of making an anticipatory appropriation for the 
 next ensuing year, in lieu of the special rate for such year, in respect 
 of any debt, Ac. 
 
 (j) Here it is clear that a year's interest in advance is to be retained 
 as directed by sec. 231, and pointed out in note to sec. 236. 
 
 {k) Purpose aforesaid. — See note t above. 
 
 {I) The investment authorized by sec. 232. 
 
 (tn) See sec. 236, and notes thereto. 
 
 (n) The right of a Municipal Council to take moneys already appro- 
 priated, and apply them to purposes different from the original appro- 
 priation, is very questionable. Though sometimes done, it ought never 
 to be encouraged. In the case of appropriations to the Sinking Fnnd 
 account of a debt, it cannot be legally done. 
 
■i 
 
 IM 
 
 THE MUNICIPAL MANUAL. 
 
 be respectively applied for the interest and for the Sinking; 
 Fund appropriation of the debt for such next ensuing year ; (o) 
 
 When suffl- 3. In case the moneys so retained at the credit of the Spe- 
 yeady^ate ^ial Rate account, and so appropriated to the Sinking Fund 
 msy beiug- account, from all or any of the sources above mentioned, are 
 sufficient to meet the Sinking Fund appropriation and interest 
 for the next ensuing year, the Council may then pass a By-law- 
 directing that the original rate for such next ensuing year be 
 not levied, (^p) 
 
 339. The By-law shall not be valid unless it recites : (y) 
 
 1. The original amount of ihe debt, and in brief and <:;eno- 
 ral terms, the object for which the debt was created ; (r) 
 
 2. The amount, if any, already paid of the debt; 
 
 3. The annual amount of the Sinking Fund appropriation 
 required in respect of such debt ; 
 
 4. The total amount, then on hand, of the Sinking Fund 
 appropriations, in respect to the debt, distinguishing the 
 amount thereof in cash in the treasury from the amount tem- 
 porarily invested ; 
 
 5. The amount required to meet the interest of the debt 
 for the year next afler the making of such anticipatory appro- 
 priation ; (s) and 
 
 6. That the Council has retained at the credit of the Spe- 
 cial Rate account of the debt, a sum sufficient to meet the next 
 year's interest (naming the amount of it), and that the Coun- 
 cil has carried to the credit of the Sinking Fund account a 
 sum sufficient to meet the Sinking Fund appropriation {imm- 
 ing the amount of it) for such year; and 
 
 Bylaw to be 7. No such By-law shall be valid unless approved by the 
 KrlTo^r.^^ Governor-in-Council. (0 
 
 pcuded for 
 the future 
 year. 
 
 Bylaw must 
 
 recite. 
 
 The original 
 
 debt. 
 
 The amount 
 paid. 
 
 The amount 
 of Sinking 
 Fund yearly 
 
 The amount. 
 in hand. 
 
 Tb'j amount 
 required for 
 next year's 
 
 interest. 
 
 And that it 
 is reserved. 
 
 (o) The sources to be one or other of the foregoiBg". 
 
 (jo) When the 8nr[)lu8, though not equal to the prodtict of the en- 
 tire rate for a year, is considerable, a by-law may be passed for the 
 proportionable reduction of the rate (sec. 236) ; but when the surplus 
 is sufficient to meet the Sinkiug Fund appropriation and interest for a 
 year, a by-law may be passed to the effect that for that year the 
 original rate he not levied. 
 
 (q) Tliio section bears the same relation to sec. 238 that sec. 237 
 does to sec. 236. The one is for the reduction of the special rate for 
 a year, the other for the cessation of it. 
 
 (r) See note y to sec. 226. 
 
 (s) See note u to sec. 236. 
 
 (<) See note / to sec. 23'7. 
 
'ririC MUNICIPAL MANUAL. 
 
 isr> 
 
 
 After th(» 
 
 (lifiHollltioU 
 
 ofK Union, 
 thH Sftilnr 
 MunicipHlUy 
 limy loHevt 
 thu junior 
 by iin antU'l- 
 p'it<iry appro- 
 prlation. 
 
 Kvery Coiin- 
 I'll t(> nmkt) 
 II yearly 
 rfp'irt (if till* 
 stat-of flw 
 (IclitH til thu 
 Uovi'ruor Ac. 
 
 Wh.it smh 
 rfport iim*t 
 hluuv. 
 
 240. After the dissolution of any Municipal Union, the 
 senior Municipality may make an anticipatory appropriation 
 for the relief of [ho junior iMunicipality, in respect of any 
 debt secured by liy-law, in the same manner as the senior 
 Municipality miglit do on its own behalf, (w) 
 
 REPORT OF DEBTS TO BE MADE YEARLY. 
 941. Every Council shall, on or before the thirty-fust dny 
 January, in each year, transmit to the Governor-General, 
 through the Provincial Secretary, an account of the several 
 debts'of the Corpoiation, as they stood on the thirty-first day 
 of December preceding, (a) specifying in regard to every debt 
 of which a balance remained due at that day : 
 
 1. The original amount of the debt; 
 
 2. The date when it was contracted ; 
 
 3. The days fixed for its payment ; 
 
 4. The interest to be paid therefor; 
 
 5. The rate provided for the redemption T the debt and 
 interest ; 
 
 G. The proceeds of such rate for the year ending on such 
 thirty-first day of December ; 
 
 7. The portion, if any, redeemed of the debt during such 
 year; 
 
 8. The amount of interest, if any, unpaid on such last 
 mentioned day; and 
 
 9. The balance still due of the principal of the debt. 
 
 249- The form of the account may from time to time be TheOover- 
 prescribed by the Governor-in-Council. (b) ^.Ti^'Ku 
 
 of account. 
 
 COMillSSIONS OF INQUIRY RESPECTING MUNICIPAL 
 
 FINANCES. 
 
 243. In case one-third of the members of any Council when a 
 
 . ■ n ^ ■ . 1 .1 r-i . o 1 y • • commission 
 
 petition for a Commission under the Great heal, to inquire ofiDquiry 
 into the financial affairs of the Corporation and things con- "*y '**^'^ 
 
 (n) An anticipatory appropriation in relief may, it is apprehended, 
 be either one in reduction of the special rate for a given year (sec. 
 236) or for the cessation of the rate for that year (sec. 238.) 
 
 (a) The design of this return is to inform the Executive Govern- 
 ment yearly of tlie financial position of each Municipality. The 
 officer whose duty it may be to prepare the return is allowed one 
 month to do so. 
 
 (i) It is conceived that any form prescribed cannot be better thaa 
 to afford a column for each item mentioned in sec. 24' 
 
180 
 
 THE MUNICirAL MANUAL. 
 
 Expenses of 
 fuch Com- 
 mipsions pro- 
 vidfd for. 
 
 nccted therewith, and if sufficient cause be shown, (c) the 
 Governov in Council may issue a Commission accordinj^ly, 
 and the Commissioner or the Commissioners, or such one or 
 more of them ns the Commission empowers to act, shall have 
 the same power to summon witnesses, enforce their attend- 
 ance, and compel them to produce documents and to give 
 evidence as any Court has in civil cases, (ti) 
 
 244. The expense to be allowed for executing the Com- 
 mission shall be determined and certified by the iMinistcr of 
 Finance or his Deputy, and shall become thenceforth a debt 
 due to the Commissioner or Commissioners by the Corporation, 
 and shall be payable within three months after demand thereof 
 made by the Commissioner, or by any one of the Commis- 
 sioners, at the office of the Treasurer of the Corporation, (.e) 
 
 (f) The Commission is not to issue merely upon the petition of one- 
 third of the members of the Council, but upon sufficient cause shewn, 
 
 {(1) The power conferred is one of inquiry, and may be of great 
 advantage to Municipalities, by enabling the Commissioners to enforce 
 the attendance of witnesses and compel them to give evidence (per 
 Kichards, C. J., In re Towmhip of Eldon and Ferguson, V> Ij. C. L. J. 
 2u9). It is a public inquiry conducted under a public Act of I'arlia- 
 niunt, which says nothing about compensation of witnesses, and it 
 would seem that persons called before the Commissioners are not 
 entitled to compensation for expenses or loss of time any more than 
 in the case of a prosecution for a misdemeanor (per Robinson, C. J., 
 in Municipality of East Nissouri v. Horsman et al. 16 U. C. Q. B. seV). 
 If it be alleged and proved that the Councillors whose duty it is to 
 f;ive all necessary and reasonable information, maliciously conspired 
 Id withiiold information, and contrived and intended to cause expense 
 and damage to the Corporation, by increasing the costs and expenses 
 of the Commission, and throw upon the Corporation any costs (s. 244), 
 and it be charged and proved that the Councillors, in pursuance of 
 such contrivance and intention, misconducted themselves to the 
 dan^.tge of the corporation, an action on the case may be maintained 
 r.^uinst them at the suit of the Corporation for the recovery of 
 damages {lb.) ; and in such an action, where it was shewn that the 
 Clerk absented himself and kept back the books, «fec., in collusion 
 with the defendants, and that, in consequence, the costs of the com- 
 mission, which otherwise would not have exceeded £75 or £100, were 
 increased to £328, it was held that the sum of £260 damages was not 
 excessive. {lb. 18 U. C. Q. B. 31.) There is nothing in the section to 
 prevent the Corporation from suing for money due them (per Richards, 
 J., In re The Corporation of the Township of Eldon and David Fer- 
 guson and Israel Ferguson, 6 U. C. L. J. 200.) It would be unreason- 
 able to hold that the power to inquire should deprive the Corporation 
 of the right to resort to a more speedy and economical mode of in- 
 vestigating accounts, and of obtaining payment of the amount due 
 when ascertained, (lb.) Besides, there is nothing in the section 
 preventing the Corporation referring their claim to arbitration. [lb.) 
 
 {«) The expenses are to be determined by the Minister of Finance or 
 
TJIK MUNICIPAL MANUAL. 
 
 1S7 
 
 m 
 
 '¥ 
 
 PROVISIONS APPLICABLE TO ALL MUXTCIPALITIES 
 EXCKPT PROVISIONAL CORPORATIONS. 
 
 245. The following section applies to all Municipali- J[,;|^'2,"/j^p-„ 
 ties, (/) Provisional Corporations not included; (*/) namely: oxctpt 
 
 ^ ^ I'rovislounl 
 
 1. Counties. 
 
 2. Townships. 
 
 3. Cities. 
 
 4. Towns. CounclU. 
 
 5. Incorporated Villages. 
 
 346. The Councilof every County, Township, City, Town CounciiB 
 and Incorporated Village may respectively pass By-laws : iijMhwS;* 
 
 OnTAIMXU Proi'erty. 
 
 1. For obtaining such real and personal property as maybe ForoWain- 
 required for the use of the Corporation, and for erecting, leaUnST''^' 
 improving and maintaining a Hall and any other houses and personni, Ac. 
 buildings required by and being upon the land of the Corpo- 
 ration, and for disposing of such property when no longer 
 required ; (/i) 
 
 his Deputy. No appeal of any kind is pro"idccl for. When dorer- 
 inined, tlio account may be certified. When certified, the amount of it 
 becomes a debt duo bj' tiie Municipality to the Comniit^sioiier or Com- 
 missioners, ]iayablG " unthin three calendar months after demand." The 
 intentioTi appears to be to give three months for payment. If so, it is 
 a debt due, but not paj-able until tiiree months after demand. Wiieii 
 it becomes a debt payable, of course it may bo, like anj' other debt, 
 recovered by action at law. The Corjioration, under certain circuin- 
 stiinces, iiia_ have an action Ut recover compensation. For such ex- 
 pense see note d to sec. 243. 
 
 (/) To avoid the necessity of repeating similar provisions under 
 the head of each description of Municipality separately, the Le;jisla- 
 ture, in referring to the Municipalities to which the several sections 
 relate, has grouped the provisions under joint heads. Any Munici- 
 pality, whether of a county, city, township, town, or incorporated 
 village, can readily find tlie sections in which it is interested, b}' 
 observing the leading titles prefixed to groups of sections. 
 
 (r/) These sections, it will be observed, are not made to apply to 
 Provisional Corporations, 
 (/t) The powers here conferred are to pass by-laws, 
 
 1. For obtaining such real and personal property "as may be re- 
 
 quired" for the itxe of the Corporation. 
 
 2. For erecting, improving and maintaining a Hall and any other 
 
 Houses and buildings " required by and being upon the land 
 of the Corporation." 
 
 3. For disposing oC such property when no longer required. 
 
 The la3'ing out upon a map of an intended town of squares or other 
 open spaces for public recreation or amusement, or for any other public 
 purpose, renders . hem as sacred to such purpose as the streets them- 
 
Ui 
 
 TIFK MUNICIPAL MANUAL. 
 
 Ai'i'iiixTiNO Ckrtain Offickrs, 
 2. Ft)r nppoiiitint; (/) such, — 
 
 
 (1.) I'ouiKl.koeporfl ; 
 (2.) iMMict'-Viewora ; 
 (;J.) Overseers of Highways; 
 
 (4.) Road SurveyorH ; 
 (T).) Rood Coinniissloiicrs ; 
 (0.) Valuattirs; 
 
 si'lvi'S (per Tlio Cliunccllor in 77ie Mitiv'cipalitif of the Town of (jw/jih 
 V, Tfii: CitiHida Company, 4 Grant 054) and if nn ftlioniitioii to a 
 •litt'crcnt purpose by a person pretendinfj to have the right to nlioniito 
 l)(Milt('inptt!(l, tl»o Court of Ciinncery will interfere by injunctidii to 
 ri'f'trdin it. (Ih.) So if tlio Municinnl Corporation itsolf bo ii tnisfee 
 of IiiikI for (i inihlic jiurposo and without autliority attempt to alicimto 
 it, ill iiri-ac'li of tlie trust for whicii it is lield, tlio Court of Chancery 
 would interfere by injunetion, to restrain tlio alienation, or if nct'inliy 
 nimie would order n reconveyance. {Attorney Oeneral v. (I'odcihh, 5 
 tiraut, 402.) Municipal Corporations are under certain circuiiistancc't* 
 nutiiorizi'd to invest surplus Clergy lloservo moneys in mortgage secu- 
 rities ill land, (sec. 272) and in such case if default bo made in tlio 
 payiiiciit of tli(! mortgage money the Corporation is entitled to a decree 
 of fdi't'cliisure, notwitiistanding the statutes of Mortmain, and U not 
 rc'sti'i(;ted to a decree for sale of the land {The Munieipnlity of Or/ord 
 V. IhUi'ii, 12 (Jrant 276) and it would also seem that a Muniiipal Cor- 
 poration may give time to a debtor and take a mortgage on real estate 
 to secure its payment. (See Corporatioji of Belleville v. Jiidd, 1(5 U. C. 
 C. r. 3!)7.) 
 
 Tiie power to erect a Hall and other buildings required liy the Cor- 
 poration docs not, it is apprehended, include a saw-mill, erected with 
 the avowed intention of benefiting the municipality. (See The 
 Munu'ipality of the Toionship of ICmlosa v. Stanffer, 16 U. C. (-i. U. 414). 
 The Court of Queen's Bench refused a rule nisi for a mandamus at the 
 instance of the Justices of the Uuron District, to compel the Municipal 
 Council of the Huron District to build a court-house. (Jnntlces of the 
 Huron Diitrict v. 77ie Huron District Council, 5 U. C. Q. B. 574). It 
 is undecided whether, if a Municipal Council neglects to repair the 
 steps leading to a court-house, and an individual in conacipience 
 thereof falls and loses his life, an action will lie against the Corpora- 
 tion, at the suit of the repi-esentativcs, under Con. Stat. C. caji. 78. 
 (Hiimlccshaii) v. The District Council of the Dixtrict of Dalhousie, 7 U. C. 
 Q. B. 5!)0.) A by-law passed by tiie Municipal Council of Prescott 
 and iiii.--soll, to tax the county of Uussell alone, for the erection of a 
 registrv office for the use of the United Counties, was set aside. (Smith 
 V. The rnilcd Counties of Prescott mid Jiimell, 10 U. C Q. B. 282.^ 
 The power to dispose of real projierty accjuired for tiie use of the Cor- 
 jioration ulien ikj longer required is also conferred. This includes a 
 Town Hall and the site on which it stands, when it is deemed that a 
 new Town Hall in another situation would be more convenient for the 
 public. ( fii re Jlnwke and the Municipality of Wvlle.iley, 13 U.C. QB. (>30.) 
 
 [i] It is not here expressed in what manner, that is, whether under 
 cori)()rat(' seal or otherwise, the officers in this section named are to be 
 appointed. The bill of 1858 when introduced to the House of Assem- 
 bly, had the words " under the corporate seal ;" but these words were 
 afterwards struck out in committee. It has always been a recognised 
 
TIIK MUNICIPAL MANUAL. 
 
 180 
 
 (7.) And such other officers as are necessary in the affairs Tonijx.ii.t 
 of the Corporation, or for carrying into effect the provisions of ofliccrH; 
 any Act of the Legishiture or for the removal of such offi- 
 cers; (ii) but no member of the Corporation shall bo eligible 
 to act as Commissioner, Superintendent, or Overseer, over any 
 work undertaken and curried on in part or in whole, at the 
 expense of the Municipaliiy. nor Hhall any member of a Cor- 
 poration be a Valuator; (./) 
 
 3. For regu'ating tho remuneration, fees, charges and duties 
 of such officers, and *' ' securities to lio given for the perform- 
 ance of such duties ; (/,•) 
 
 Tof5x f.'.w 
 ttiid heciiri- 
 ties ; 
 
 Aiding AGRit'ULTUR.\t, and other Societies, 
 4. For granting money or land in aid of the Agricultural 
 
 For alilinj 
 
 Association of Upper Canada (0 or of any duly organized g^^p',|;',V'['.''' 
 Agricultural (m) or Horticultural Society in Upper Canac.:i, (n) 
 
 qualififfttion of tlio principle which requires tlio use of tlio seal, tlrnt 
 tiicro nrc ctrtnin small matters ot such frequent occurioncc in the 
 course of conducting affairs by a Corporation, that it npj)enrs to be of 
 necessity that Corporations should be allowed to transact them without 
 going through the formality of a seuled instrument. The hiring of 
 servants to perform their ordinary duties has from a very enrly period 
 been one of these exceptions. (liahies v. The Credit Harbour Company, 
 1 U. C. Q. B. 174.) Whether the officers named in this section coiiio 
 within the exception is, to say the least of it, doubtful. The old law re- 
 quired such appointments to be under corporate seal (12 Vic. cap. 81, 
 sec. 31, subsec. 5), and the intendment of this subsection, which must 
 be taken in connection with the general words at the commencement 
 of this section, appears to be that the appointment should be by law, 
 (/?■) There is power given to appoint, not only the officers described, 
 but "other officers necessary in the affairs of the Corporation." Thii 
 opens a door to abuses ; but perhaps a restriction to officers named 
 might have worked great inconvenience. 
 
 (j) The latter part of this subsection is new. See sec. 222 and 
 notes thereto. 
 
 {k) The regulations should be by by-law. If bj' by-law thrre would 
 be no question os to their validity in point of form. See note n to 
 sec. 191. 
 
 (I) The Members of the Boards of Agriculture, and of the Boards of 
 Arts and Manufactures, the Presidents and Vice-Presidents of all 
 lawfully organized County Agricultural Societies, and of all llorticul- 
 tnral Societies, and all subscribers of $1 annually to the funds of any 
 such society, are in Upper Canada the Agriculturol Association of 
 Upper Canada. (Con. Stat. Can. cap. 32, sec. 34.) 
 
 (m) An Agricultural Society may be organized in each of the elec- 
 toral divisions of Upper Canada, (fee. (lb. sec. 46). 
 
 (n) Any number of persons, not less than twenty-five, may organize 
 and form themselves into a Horticultural Society, for any city, town, 
 township or village, in Upper Canada, <tc. [lb. sec. 39.) 
 
190 
 
 Ij'.'cal coufcus 
 
 Fines and 
 peuitltiea for 
 neglect of 
 duty. 
 
 Levying 
 penalties by 
 distress. 
 
 THE MUNICIPAL MANUAr. 
 
 or of the Board of Arts and Manufactures for Upper Canada, (o) 
 or of anj' incorporated Mechanics' Institute within the Muni- 
 cipality ; (;0 
 
 Census. 
 
 5. For taking a Census of the inhabitants, or of the resident 
 Male freeholders and householders in the Municipality ; (pp) 
 
 Fines and Penalties. 
 
 6. For inflicting reasonable fines and penalties not exceeding 
 Fifty Dollars exclusive c" costs, ((7) 
 
 (a.) Upon any person for the non-performance of his 
 duties who has been elected or appointed to any Office in the 
 Corporation, and who has accepted such Office and taken the 
 oaths, and afterwards neglects the duties thereof (/•) and 
 
 (b.) For breach of any of the By-laws of the Corporation ; (s) 
 and 
 
 7. For collecting such penalties by distress and sale of the 
 goods and chattels of the Offender ; (<) 
 
 (0) " The Board of Arts and Manufactures for Upper Canada" is con- 
 stituted and incorporated by sec. 19 et acq. of Con. Stat. Can., cap. o2. 
 
 {ji) Many institutes are incorporated by special Acts of Parliament. 
 
 { pp) The first provision of this kind was enacted in 1888. (See 
 1 Vic. cap. 21, ss. 15 and 4.5.) 
 
 (q) The reasonableness or unreasonableness of the fine or penaltj*, 
 so lonjj^ as within fifty dollars, would appear to be in the discretion 
 of the Municipal Council. 
 
 The 210 and 211 sections evidently contemplate that the fine or 
 penalty as well as the term of imprisonment, shall be fixed by tlie 
 b3--Iaw, and looking no further than these provisions, they indicate 
 that the Council shoidd determine both the one and the other. But it 
 may be well urged that a knowledge of the circumstances of each 
 particular case is essential for the exercise of discretion, both as to fine 
 nnd imprisonment, and that this knowledge could only be obtained by 
 tiie justice before whom the offender la brought, and that any deter- 
 mination as to the amount of fine or length of imprisonment contained 
 in the by-law, must necessarily be made in ignorance of particidar 
 facts which would call for the exercise of discretion. (See In re 
 Fenncll and the Corporation af the Town of Guelph, 24 U", C. Q.B. 238.) 
 
 (>•) Refusal to accept office is made penal, by sec. 186. This sub- 
 section applies rather to the caae of a person who having accepted 
 ofiice, neglects the duties thereof. 
 
 (.>i) The power to make by-laws necessarily supposes the power to 
 enforce them by pecuniary penalties, competent and proportionable 
 to the offence. '(Note I to sec. 190.) 
 
 {t) If there be no distress, imprisonment may follow. (See sub- 
 sec. 8.) 
 
 '»« 
 
 pm 
 ■-1^ 
 
THE MUNICIPAL MANUAL. 
 
 191 
 
 (See 
 
 S.O* 
 
 8. For inflicting reasonable punishment, by imprisonment, ^"^j^]^'";;";^ 
 with or without hard labour either in a Lock-up-house in some X^vednnd 
 Town or Village in the Township, or in the County Gaol or t""e"f- 
 House of Correction, for any period not exceeding Twenty-one 
 days, for breach of any of the By-laws of the Council, in case 
 of non-payment of the fine inflicted for any such breach, and 
 there being no distress found out of which such fine can be 
 levied, except for breach of any By-law or By-laws in cities, 
 and the suppression of houses of ill-fame, for which the 
 imprisonment may be for any period, not exceeding six 
 months, in case of the non-payment of the costs and fines 
 inflicted and there being no suflicient distress as aforesaid, (w) 
 
 PROVISIONS APPLICABLE TO TOWNSHIPS, CITIES, 
 TOWNS AND INCORPORATED VILLAGES. 
 
 24:7. The following sections, numbered from two hundred what sec- 
 and forty-eight to. two hundred and seventy, shall apply to apply***" '" 
 the following Municipalities, (a) namely : 
 
 1. Townships. 
 
 2. Cities. 
 
 3. Towns. 
 
 4. Incorporated Villages. 
 
 And sections two hundred and fifty-seven to two hundred and 
 sixty, both inclusive, apply to all such places as are therein 
 referred to. 
 
 Public Healtu. 
 
 d48. The Members of every Township, City, Town, and Members of 
 Incorporated Village Council shall be Health Officers within 1',^"^^'^^' '° •■"* 
 their respective Municipalities, under the Consolidated Statute officers. 
 for Upper Canada, respecting the public health, and under 
 any act passed after this act takes effect for the like pur- 
 pose ; (b) but any such Council may, by By-law, delegate the 
 powers of its members as such Health Officers to a committee 
 of their own number, or to such persons, either including or 
 
 (w) Imprisonment is not allowable in the first instance. It is cnlj' 
 allowed m case of non-payment of the fine inflicted, and wliere there 
 is no sufficient distress. When inflicted it must be reasonable, that is, 
 be proportionate to the nature and degree of the offence. It must not, 
 howe"':r, under any circumstances, exceed twenty-one days, except for 
 breacn of a by-law for suppression of houses of ill fame, for whicli tlie 
 imprisonment may be for any period not exceeding six months. (Sec 
 Tht Queen v. Binily Munro, 24 U. C. Q. B. 44.) 
 
 (a) See note /to sec. 245^ 
 
 (6) See Con. Stats. Can. cap, 38. 
 
102 
 
 THE MUNICIPAL MANUAL. 
 
 Council and 
 Police Com- 
 inifisionurs 
 may make 
 Ilj-laws 
 
 Touoliingtlio 
 rt-fiiiliti^: of 
 intMxicutiiig 
 
 i-jiUcirs. 
 
 mdiiiAiis 
 on wliinh 
 nnly t.ivurn 
 li'iiiws sliall 
 be jrranU'd. 
 
 not including one or more of themselves, as the Council 
 thinks best, {g) 
 
 349- The Council of every Township, Town, and Incor* 
 porated Village, and the Commissioners of Police in Cities, 
 may respectively pass By-laws : (A) 
 
 Suop AND Tavern Licenses. 
 1. For granting tavern license certificates (that is, certifi- 
 cates to obtain licenses for the retail of spirituous, fernionted, 
 or other manufactured liquors to be drunk in the inn, ale- 
 house, boor-house, or any other house or place of public 
 entertainment in which the same is sold); and for granting 
 shop licenses (that is, licenses for the retail of such liquors 
 in quantities not less thsin one quart, in shops, stoi'es, or 
 places otiier than inns, ale-houses, beer-houses, or plnces of 
 public ontertaiiinient) ; (/) but no license certificate shall be 
 granted for the retail of such liquors in any tavern, inn, ale- 
 house, bcor-b.ouse, or place of public entertainment except 
 upon petition praying for the same, and signed by af least 
 thirty of the resident nmnicipal electors of the municipality 
 within which the same is to have efi"ect, nor until the 
 Inspector of Licenses reports that the applicant has all the 
 accommodation required by law;(/) Provided that it shall 
 not be lawful for the Council of any Municipal Corporation, 
 
 (g) Tlie delegation, if made, had better be by By-law. See note I 
 to sec. 190. 
 
 (A) It is provided by SCO. 192, that " every By-law shall be under 
 the seal of tlie Corporation," &c. This as to By-laws of Townships, 
 Towns and Incorporated Villages, which are corporations, can be 
 readily understood ; but is inapplicable to By-laws of Commissioners 
 of I'oiiee in Cities, who are not corporations. This section is, as re- 
 gards tavern and shop licenses, a consolidation of Con. Stats. U. C. 
 cap. 54, sec. 2 10, as amended by statutes 23 Vic. cap. 53, and 25 Vie. 
 cap. 23. 
 
 (/) Tlie word " granting," used in this subsection, does not, so far 
 as (inr nmnicipal corporations are concerned, impose the necessity of 
 one Council sitting with a majority of the whole number present to 
 determine on granting or refusing a license to each applicant, aiul to 
 pass a by-law or by-laws granting licenses to those whose application 
 !s acceded to. Tiie appointment of a committee for the purpose would 
 not appear to be illegal. [In re Bright v. The Citii of Toronto, 12 
 U. C. C. P., 433, S. C. 9 U. C. L. J. 17.) If a license or certificate be 
 improperly granted, the remedy is not by mandamus to compel tlio 
 revocation of the license or certificate. {The Queen ex rcl. Gamble v. 
 Burmide, 8 U. C. Q. B. 2t>3.) 
 
 {j) This part of the section is taken from sec. 1 of Stat. 23 Vic 
 cap. 53. 
 
 ^i 
 
 
 i 
 
THE MUNICIPAL MANUAL. 
 
 193 
 
 or the Commissioners of Police of any City, to grant licenses 
 or license certificates for the sale of spirituous or intoxicating 
 drinks on the days of the exhibition of the Agricultural 
 Association of Upper Canada, or of any County, Electoral 
 Division, or Township Agricultural Society, either on the 
 grounds of such society or within the distance of three hun- 
 dred yards from such grounds ; (k) 
 
 2. For declaring the terms and conditions required to be 
 complied with by an applicant for a tavern license, and the 
 security to be given by him for observing the same ; (l) but 
 every tavern shall contain, in addition to what may be needed 
 for the use of the family of the tavern-keeper, not less than 
 four bed-rooms, with a suitable complement of bedding and fur- 
 niture, and (except in cities and incorporated towns) there 
 shall also be attached to it proper stabling for at least six 
 horses ; (m) 
 
 3. For declaring the security to be given by any applicant 
 for a shop or tavern license, for observing the By-laws of the 
 Municipality ; (n) 
 
 4. For limiting the number of tavern and shop licenses 
 respectively ; (o) but in no Municipality shall tavern license 
 certificates be granted in a proportion greater man one for 
 
 Uoeuei not 
 to extend to 
 certain times 
 and places. 
 
 Term« on 
 which Ueenm 
 may ha 
 granted. 
 
 Security to 
 be given. 
 
 Numberniay 
 be limited. 
 
 (^•) The conclusion of this sub-section is new. 
 
 (/) A clause in a by-law of a municipal corporation, which can- 
 celled the license of a person convicted of a penalty for the infringe- 
 ment of a by-law, was held to be beyond the authority of the corpora- 
 tion, and a clause rendering such infringement a cancellation of the 
 license was quashed with costs. (In re Bright and the City of Toronto, 
 12 U. C. C. P. 433 ; S. C. 9 U. C. L. J. 17.) 
 
 (»i) The latter part of this sub-section iS taken from sec, 3 of Stat. 
 23 Vic. cap. 53, and sec. 3 of 26 Vic. cap. 23. 
 
 (?i) This is the same as was sub-section 3 of Con. Stats. U. C. 
 cap. 54, sec. 246. 
 
 (o) The right of a Municipal Council to name the persons who are 
 to receive licenses is doubtful. (In re Coyne and The Municipal Council 
 of the Township of Dunwich, 9 U. C. Q. B. 448.) Where the power 
 was for " limiting the number of persons to whom, and the houses or, 
 places for whick such licenses should be granted,** it was held that the* 
 Municipal Council might select the persons as well as limit the number. 
 ( Terry v. The Municipality of the Township of Haldimand, 1517. C. Q. B. 
 SbO ; and see sub-sec. 6 of this section.) A by-law passed under this 
 sub-section, ostensibly to limit the number of tavern or shop licenses, 
 but in reality granting a monopoly to one person, or in effect a prohi- 
 bitory measure, would be illegal. {In re Barclay and the Municipality 
 of Darlington, 12 U. C. Q. B. 86 ; In re Graystock and the MuHiapalitu 
 of Otonabee, 12 U. C. Q. B. 468.) 
 
 13 
 
194 
 
 THE MUNICIPAL MANUAL, 
 
 Exempting a 
 certain num- 
 ber from 
 Iiaviog cer- 
 tain accom- 
 modation. 
 
 Begulation 
 of public 
 house;. 
 
 Penalty for 
 granUng 
 c«rtiflc&te or 
 license con- 
 trary to this 
 Act. 
 
 every two hundred and fifty souls resident therein, as shewn 
 by the last census, or by a special enumeration taken by order 
 of the Municipal Council concerned ; (/?) 
 
 5. For declaring that in Cities a number not exceeding 
 ten persons, and in towns a number not exceeding four per- 
 sons, qualified to have a tavern license, may be exempted 
 from the necessity of having all the tavern accommodation 
 required by the preceding sub-sections ; (g-) 
 
 6. For regulating the houses or places licensed, the time 
 the licenses are to be in force, not exceeding one year, dating 
 from the first day of March in each year, and the sums to be 
 paid therefor respectively ; (?) 
 
 7. Any member of a corporation, officer, or person who 
 issues a license certificate or license, contrary to the provisions 
 of this act, shall be deemed guilty of misdemeanor, and upon 
 conviction thereof shall, for each ofience, pay a fine of not 
 less than forty dollars nor more than one hundred dollars, one 
 half of which shall be paid to the complainant and the other 
 to the Municipality; or the offender or offenders may be im- 
 prisoned for a period not exceeding thirty days, or in the dis- 
 cretion of the Court may be both fined and imprisoned; (s) 
 
 8. The Council of every Municipality and the Police 
 Commissioners in every City, shall, on or before the fifteenth 
 day of February in each year, deliver to the Collector of 
 
 (p) Taken from section 3 of Statute 25 Vic. cap. 23. 
 
 (q) Taken from section 4 of Statute 23 Vic. cap. 53. 
 
 (»•) The power of a Municipal Council to grant a license for tlie 
 sale of spirituous liquors to a particular house, and afterwards to pro- 
 hibit the sale of spirituous*liquors in such house on certain daj-s or at 
 certain hours has been doubted. (Baker and The Municipal Council of 
 Paris, 10 U. C. Q. B. 621 ; but see Bright and The City of Toronto, 12 
 U. C. C. P. 433, and section 257 of this act.) The power to prohibit 
 the sale of spirituous liquors in an inn at any time other than men- 
 tioned in the statute, has also been doubted. (In re Barclay and the 
 Municipality of Darlington, 1 1 U.C. Q.B. 470, but see sec. 257 of this act.) 
 The power to prohibit the sale to certain classes of people, such ns 
 minors, has been denied. (Baker v. The Municipal Council of Paris, 
 10 U. C. Q. B. 621.) ' But a by-law prohibiting the sale of spirituous 
 liquors to idiots and insane persons has recently been held good. (In 
 re Rosa and The Corporation of the United Counties of York and Peel, 14 
 U. C. C. p. 171.) 
 
 As to the power by by-law to select the persons to whom licenses 
 should be granted, see note o, above. 
 
 («) Taken from statutes 23 Vic. cap. 53, sec. 6, and 25 Vic. cap. 23, 
 sec. 7. As to misdemeanors see note b to sec. 98. 
 
s«'' 
 
 THE MUNICIPAL MANUAL. 
 
 195 
 
 Inland Revenue for the Revenue Division in which each ^'■^'^**^*,°* 
 3Iunicipality is situate, a certificate signed by the Clerk and licenses tobe 
 Mayor or Reeve of the Municipality, shewing the number of coUMtoAt" 
 licenses which may be issued in such Municipality under this inland 
 act; and the Collector of Inland Revenue shall not issue a ''^^'*'""'' 
 greater number of licenses for any Municipality than is named 
 in such certificate ; (<) 
 
 Prohibited Sale of Spirituous Liquors. 
 9. For prohibiting the sale by retail of spirituous, fermented Sale of 
 or other manufactured liquors in any Inn or other House of gh"p°s"r° 
 public entertainment; and for prohibiting totally the sale ^^p™hiwtfd 
 thereof in shops and places other than houses of public 
 entertainment; Provided the By-law, before the final passing 
 thereof, has been duly approved by the Electors of the Muni- 
 cipality in the manner provided by this Act. (ji) 
 
 3t>0. The sum to be paid for a Tavern license shalMnclude ^"^1™,?/° 
 as well the duty payable under the Imperial Statute passed iicenBes. 
 in the fourteenth year of the Reign of King George the Third, Toinduiie 
 intituled : An Act to establish a fund towards defraying the the imperial 
 charges nf the administration of Justice and the support of the ciaiduty. 
 Civil Government icithin the Province of Quebec, as a duty 
 payable to the Province under any Act of the Parliament of 
 this Province, and shall aot be less than Twenty-five dollars, 
 iind every license so granted as aforesaid shall be held a license 
 for the purpose of the said Imperial and Provincial Acts, and 
 except the sum payable to (he Province the sum paid for the 
 license shall be applied to the use of the corporation, (a) But 
 
 {t) In no municipality shall tavern license certificates be granted in 
 a proportion greater than one for every two hundred and fifty souls 
 resident therein. (Subsec. 4.) 
 
 (m) The prohibitory by-law to be valid must be " duly approved by 
 the electors of the Municipality. Of course a majority is all that is 
 required. But it may be argued that a majority of the whole of the 
 electors of the Municipality and not merely a majority of those present 
 at the meetings called for the purpose of approving or disapproving of 
 tiie by-law is required. ( See McAvoy and the Municipality of Sarnia 
 12 U. C. Q. B. 99.) 
 
 (a) For many years past the duty of £1 16s. sterling imposed by 
 the Imperial Act 14 Geo. IIL cap, 88, sec. 5, has been collected under 
 Provincial Statutes or Municipal By-laws by the same Provincial or 
 local authority, and has formed part of the duty paid by the applicant 
 for the same license, which license has not for a long time past been 
 granted by the Governor or Lieutenant Governor. By the Imperial 
 Statute, 1 <fe 2 Wm. IV., the Imperial Government placed the duties 
 imposed by the 14 Geo. III. cap. 88, entirely at the disposal of the 
 
196 
 
 THE MUNICIPAL MAKUAL. 
 
 Sum not to 
 exceed $100. 
 
 Unless ap- 
 proved by 
 public vute, 
 At. 
 
 How Tavern 
 licenses 8hall 
 be issued. 
 
 In Cities. 
 
 Payment of 
 
 Provincial 
 
 duty. 
 
 no by-law by which a greater sum than one hundred dollars 
 per annum is intended to be exacted for any Shop or Tavern 
 license, or for leave to exercise any other calling, or to do any 
 other thing for which a license may be required, shall hnve 
 force or effect, unless the by-law before the final passing thereof 
 has been duly approved by the electors of the municipalify in 
 the manner provided by this Act; and the By-law shall not 
 be varied or repealed unless the by-law for that purpose has 
 been duly approved in like manner by the electors of the 
 Municipality. (6) 
 
 S«51. Every Tavern license shall be issued by the Collector 
 of Inland Revenue for the Revenue Division in which the 
 Hotel, Tavern, House, Vessel r place to which the License is 
 to apply shall be situate, and.on the production to such Collec- 
 tor of Inland Revenue ; in cases of Towns, Townships and 
 Incorporated Villages, of a certificate from the Mayor and 
 Clerk, or Reeve and Clerk, as the case may bo ; and in cities, 
 of a certificate from the Board of Police Commissioners, that 
 such applicant has complied with the requirements of the Law 
 and of the By-laws of the Municipality or regulations made in 
 that behalf, and that the applicant is therefore entitled to such 
 License for the time for which it is demanded of the Collector 
 of Inland Revenue, and for the Hotel, Tavern, House, Vessel 
 or place mentioned in such certificate, and the Provincial 
 Duty, payable on such License, shall be paid to such Collector 
 of Inland Revenue before he shall deliver such License, and 
 the words " Tavern License" shall mean and include any such 
 License as aforesaid, and no other, Ic) 
 
 Colonial Legislature, and it is net ii oi " v >'.«pri3ing that since that 
 change was made, it was assumed tliat U' license itself for which the 
 duty was still to be paid, need no !o be issued by the Governor or 
 Lieutenant Governor, but might be issued in such manne." as the 
 Colonial Legislature might appoint. Thisi being the case it has been 
 held that a person can be no longer legally convicted for selling liquor 
 witliout a license granted by the Governor or Lieutenant Governor of 
 the Colony, under the Imperial Act 14 Geo. IIL cap. 88. {Andrew v. 
 White, 18 U. C. Q. B. 170.) 
 
 {b) It wag held under 16 Vic. cap. 184, sec. 4, which made £10 the 
 maximum limit, that o by-law requiring the payment of £10 over and 
 above the Imperial dues of £2 5s. currency, need not be approved of 
 by the electors. [In re Hanison and the Town Council of me Toxmi of 
 Owen Sound, 16 U. C. Q. B. 166.) It was in the same case held that 
 fees directed to be paid to the Treasurer and Inspector, were not to be 
 considered as part of the £10 duty. {lb.) 
 
 (c) The collector of Inland Revenue is a Colonial officer, and as 
 such now entrusted with the duty of issuing Tavern licenses : 
 
 I 
 
 i 
 
THE MUNICIPAL MANUAL. 
 
 197 
 
 liquor 
 
 StSd. No Tavern or Shop license shall be necessary for ^p^^'/jf^"**^ 
 selling any liquors in the original packages in which the same aeu in the 
 have been received from the importer or mauufacturer ; (d) °;'^^^'^^|, 
 provided such packages contain respectively not less than five 
 gallons, or one dozen bottles, (e) 
 
 2S9. Any person having a Tavern license may, without TaTMn kwp- 
 any additional license, sell liquors by retail to bo consumed to be con-* 
 out of his house, in the same quantities as if to be consumed Jh^bouse!"^ 
 in the house. (/) 
 
 354* Every person who keeps a Tavern or other house t»\"'»'J.^?: 
 
 1 <• IV i . • i J 1. m 1' erstoexhibit 
 
 or place of public entertainment, and has a lavern license, notice of 
 shall exhibit over the door of such Tavern, House or place, in ^ceusea. 
 large letters, .the words " licensed to sell Wine , Beer and 
 other Spirituous or Fermented Liquors," under a penalty in 
 default or so doing of one dollar, (f) recoverable with costs 
 before any Justice of the Peace upon the oath of one credible 
 witness, one half of which penalty shall go to the informer and ^o one to 
 the other half to the Municipality; («/) but no person shall sen &c., 
 sell or barter intoxicating liquor of any kind, without the iicens". 
 
 lie is to do so on the production of a certificate signed by one or 
 other of the officers named, showing, 
 
 1. That applicant has complied with the requirements of the law 
 and of the by-laws of the Municipality or regulations made in that 
 behalf. 
 
 2. That the applicant is entitled to such license for the time for 
 which it is demanded (and for the Hotel, Tavern, House, Vessel or 
 place mentioned in such certificate.) 
 
 The Provincial (formerly Imperial) duty is to be paid to the collec- 
 tor before he deliver the license. See note a to sec. 250. 
 
 {d ) Whether mauufactured within the Province or not. 
 
 («) A tax is intended to be imposed upon those only who sell 
 spirituous liquors, «fec., by retail. To sell packages containing less 
 than five gallons or one dozen bottles, is considered retailing. 
 
 (/) Notwithstanding the right to sell liquors to be consumed in the 
 house of the vendor, the right to do so to be consumed outside of his 
 house was at one time doubted. To remove the doubt, stat, 2 Geo. IV. 
 cap. 8, Ist ses., was passed, and this section is a reenactment of it 
 
 (ff) This section contains a duty, and a penalty for neglect of it. 
 The duty is to exhibit over the door of every tavern, Ac, licensed, the 
 words mentioned ; the penalty for ueglect of it is one dollar. It is not, 
 it seems, illegal for a Municipal Council to pass a by-law preventing 
 persons not licensed from exhibiting the words " licensed to sell." 
 \Bright and the City of Toronto, 12 U. C C. P. 433.) 
 
 {g) It is presumed that when not expressly excluded, an informer 
 would be " a credible witness," within the meaning of sec. 256 of this 
 Act, as to the recovery of penalties. 
 
 * 
 
198 
 
 THE MUNICIPAL MANUAL. 
 
 II '■ 
 
 Shop liconses 
 not to nut ho- 
 rize sale of 
 liquors to be 
 roneumed in 
 the bouse. 
 
 Penalties 
 recoverable 
 bitfore two 
 Justires of 
 the Peace. 
 
 Intoxicating 
 liquors not 
 to ba sold in 
 Taverns, Ac, 
 at certain 
 times. 
 
 I _ 
 
 license therefor by la\r required, under a penalty of not less 
 than twenty dollars and costs, and not over fifty dollars and 
 costs, (/i) 
 
 fSSS, No licensed Shop-keeper, or other person having 
 a Shop-license shall allow any liquors sold by hiui and for tl:o 
 sale of which a license is required, to be consumed within his 
 Shop, or within the building of which such Shop is a part, 
 either by the purchaser thereof or by any other person not 
 usually resident within such building under a penalty of teu 
 dollars and costs, (t) 
 
 SS«56. All prosecutions for penalties incurred by persons 
 vending Wine, Rum, Brandy or other Spirituous Liquors, 
 Beer, Ale, Cider, or other fermented or manufactured liquors 
 without License, (y) shall be recoverable with costs before 
 any two or more Justices of the Peace having jurisdiction in 
 the Municipality in which the offence is committed, (^k) upon 
 the oath of one credible witness, one half of which penalty 
 shall go to the informer, and the other half to the Munici- 
 pally; but in Cities and Towns having a Police Magistrate, 
 the offence shall be tried before such Police Magistrate. (^) 
 
 257. In all places where, by the laws of that part of this 
 Province called tfpper Canada, intoxicating liquors are or may 
 be allowed to be sold by wholesale or retail, no sale or other 
 disposal of the said liquors shall take place therein or on the 
 premises thereof, or out of or from the same, to any person or 
 persons whomsoever, from or after the hour of seven of the 
 
 (h) The first part of the section is directed against licensed Tavern- 
 Ivcepers wIjo sell without having over the door the public notice 
 required, and the latter part is directed against the sale by persons 
 uot licensed under any circumstances. 
 
 (i ) Taverns and shops each require licenses for the sale of spirituous 
 liquors. The difference between them, independently of quantity, is, 
 that while a tavern license confers a right to sell liquors to be con- 
 sumed within the house, the shop license confers no such right. 
 
 (j) No distinction is made between spirituous liquors and fermented 
 or manufactured liquors. Anif^g the former are classed, as examples, 
 Avine, rum and brandy. Among the latter, beer, ale and cider. 
 
 (k) The penalties are recoverable before two justices of the peace, 
 that is, two at least are required to try and convict. Notwithstanding, 
 it is apprehended that one jnstice may receive the information, grant 
 a summons or warrant to compel the attendance of witnesses, and do 
 all other acts and matters that may be necessary preliminary to the 
 hearing. 
 
 {I) The latter part of this section has been inserted to remove a 
 doubt suggested by the editor in the first edition of this Manual. 
 
THE MDNICIPAL MANUAL. 
 
 190 
 
 less 
 and 
 
 clock on Saturday night till the hour of o'ght of the clock on 
 Monday morning thereafter, and during any further time on 
 the said days and any hours on other days during which by 
 any By-law of the Municipality where in such place or places 
 may bo situated, the same or the bar-room or bar-rooms thereof 
 ought to be kept closed, save and except in cases where a 
 requisition, for medicinal pnrposes, signed by a licensed medi- 
 cal practitioner or by a Justice of the Peace, is produced by 
 the vendee or his agent, nor shall any such liquors be permitted 
 or allowed to be drunk in any such places, except as aforesaid, 
 during the time prohibited by this Act for the sale of the 
 same, (m) 
 
 258. A penalty for the first oflfence of not less than 
 twenty dollars, with costs, or fifteen days' imprisonuicnt, with 
 
 (m) A by-law prohibiting the sale of intoxicating liquors on Sunday 
 to all persons, without excepting tho sale thereof to travellers and 
 boarders, where sales to travellers and boarders were excepted, was 
 held invalid by statute. ( In re Ross and the Corporation of the United 
 Comities of York and Peel, 14 U, C. C. P. 171.) A conviction not nega- 
 tiving the exceptions of the statute, has been held invalid. (Milk v. 
 £row7i, 9 U. C. L. J. 246.) 
 
 One of the essential points to be attended to in describing an 
 oft'ence in a conviction is, to negative every exemption, excuse or 
 qualification, which accompanies the description of the offence in the 
 enacting clause. Since no plea can be admitted to such a conviction 
 and the defendant can have no remedy against it but from an exception 
 to some defect appearing upon the face of it and all proceedings are had 
 in a summary manner, it is only reasonable that such a conviction should 
 have the highest certainty, and satisfy the Court that the defendant 
 had no such matter in his favour as the statute itself allows him to 
 plead. This consideration would lead to a conclusion that it is neces- 
 sary to negative all the provisoes annexed to the offence, whether by 
 the same or any other clause of the statute as well as those in the 
 enacting clause itself. The rule however seems, as established in 
 practice, to be restricted to those of the latter description only, 
 (Paley's Summary Convictions, 4 edn. 192.) This is not an objection of 
 form but of substance, (p. 193.) The rule therefore and distinction 
 confirmed by the cases seems to be clear, viz., that all circumstances 
 of exemption or modification that are either originally introduced into 
 or incorporated by references to the enacting clause, must be distinctly 
 enumerated and negatived ; but that such matters of excuse as are 
 given by other distinct clauses or provisoes, need not be specifically 
 set out or negatived (p. 195). But it is now enacted that in all cases 
 of appeal from any order, decision or conviction made or had before 
 any Justice or Justices of tho Peace in Upper Canada, under the law 
 relating to summary convictions, the Court to which such appeal is 
 made shall hear and determine the charge or complaint on which such 
 order, decision or conviction shall be made or had upon the merits, not- 
 witlistanding any defect of form or otherwise in such conviction. (Stat. 
 29 & 30 Vic. cap. 50. sec. 1.) 
 
 Exception. 
 
 Nor shfill 
 ouch liquor 
 be driiDR uo 
 tlie premities 
 during the 
 
 Penalty. 
 First offenco- 
 
 ll 
 
Mm 
 
 200 
 
 TDB MUNICIPAL MANUAL. 
 
 hard labour ia case of conviction, shall be recoverable from and 
 leviable against the goods and chattels of the person or per- 
 sons who are the proprietors in occupancy, or tenants or agents 
 in occupancy, of the said place or places, who shall be found 
 by himself or herself or themselves or his, her or their servants 
 or agents, to have contravened the enactment in the preceding 
 section or any part thereof, — for the second offence, a penalty 
 against all such of .ot less than forty dollars, with custn, or 
 Thirdoffence twenty, days imprisonment with hard labour ; for a third 
 offence, a penalty against all such of not less than one nundrcd 
 dollars, with costs, or fifty days imprisonment with hard labour ; 
 and for a fourth or any after offence, a penalty against all such 
 of not less than three months imprisonment, with hard labour, 
 in the common gaol of the County wherein such place and 
 places may be, (n) the number of such offences to be ascer- 
 tained by the production of a certificate from the convicting 
 Justice, or by other satisfactory evidence to the Justice before 
 whom the information or complaint maybe made ; (o) and it is 
 hereby enacted that convictions for several offences may be 
 made under this Act although such offences may have been 
 committed in the same day; provided always, that the increased 
 penalties hereinbefore imposed shall only be recoverable in 
 the ease of offences committed on different days, (p) 
 
 •Whomay 3tS9. Any person or persons may be the informant or in- 
 
 formants, complainant or complainants, in prosecutine under 
 Limitation this Act ; all proceedings shall be begun within twenty days 
 
 Second 
 offonce. 
 
 Fourth 
 offence, Ac. 
 
 Proof of 
 
 former 
 
 ofiouce. 
 
 ProTlso. 
 
 (n) The persons made subject to the penalties are " the person or 
 persons who are the proprietors in occupancy, or tenants or ag;cnts 
 in occupancy" of the place or places where the offence was cominitterl. 
 
 The penalties are graduated in severity in proportion to their fre- 
 quency. Thus, 
 1st offence — Not less than ^(20, with costs, or 15 days' imprisonment, 
 
 with hard labour. 
 2nd offence — Not leba than $40, with cosls, or 20 days' imprisonment, 
 
 with hard labour. 
 3rd offence — Not less than ^100, with costs, or 50 days' imprisonment, 
 
 with hard labour. 
 4th or any after offence — Not less than three months' imprisonment, 
 with hard labour. 
 
 to) The language here is very general. The number of such 
 offences to be ascertained by the production of a certificate, (t'c, or 
 by " other satisfactory evidence to the Justice, Ac." 
 
 ip) The meaning is that several offcnofs, tlK.ugh committed on (he 
 same day, may be punished each with the ininiinum penalty (icsctilted. 
 Tlic increased penalties are only recoveiable where tl»e offeiict-s arc 
 committed on different days. 
 
THE MUNICIPAL MANUAL. 
 
 201 
 
 from the date of the offence, all informations, complaints or 
 other necesij^rj proceedings may be brought and heard before 
 any one or rnoro Justices of the Peace of the County where 
 the offence 0/ offences were committed or done, and the mode 
 of proceduio in, and the forms appended to the Act, chapter 
 one hundred and three of the Consolidated Statutes of Canada, 
 for summary proceedings, may be followed as regards thccascis 
 and proceedings under thid Act. {q) 
 
 360. The said penalties in motaey, or any portion of them 
 which may be recovered, shall be paid to the convicting Justice 
 or other acting Justice in the case, and by him paid equally, 
 one half to the informant or complainant, and the other hulf to 
 the Treasurer of the Municipality where the place or places 
 referred to are situated ; and for the recovery of the said pen- 
 alties and costs it shall and may be lawful for any Justice or 
 Justices to issue a warrant of distress to any constable or 
 peace officer, against the goods and chattels of the said 
 offender, and in ease no sufficient goods be found to satisfy 
 such penalty and costs, then it shall and may be lawful for the 
 said Justice or Justices to order that the person or persons so 
 convicted, be imprisoned in any common gaol in the County 
 or City in which such convict'on takes place, for any term not 
 exceeding thirty days, unless the amount of penalty and costs 
 be sooner paid, (r) 
 
 Proctiilure. 
 
 ApplloaKon 
 of puuuUiuH. 
 
 lleoovery of 
 pbnaltics. 
 
 Imprison- 
 ment for 
 non-pay- 
 ment. 
 
 361. The word " Liquors" shall be understood to mean interpreta- 
 tion. 
 
 (q) Provision is here made as to the informer ; limitation as to time 
 for prosecution and procedure generally. Thus : 
 Any person, «tc., may be the informant, «fec. 
 
 All proceedings shall be begun within twenty days from the date of 
 
 tiie offence. 
 All informations, (fee, or other necessary proceedings may be 
 
 brought and heard before any one or more Justices, <fec. 
 The mode of procedure, Ac., directed by Con. Stat. Can. cap. 103, 
 
 inny be followed. 
 
 (r) Two points deserve attention, the distribution of the penalties 
 and mode of enforcing payment. 
 
 1. One half of the penalty is to be paid to the informant and the 
 
 remaining half to the Treasurer of the Municipality. 
 
 2. The penalty is to be levied by distress of the goods and chattels 
 
 of the offender, and if no sufficient goods, then by imprisonment 
 for any period not exceeding 3u days, unless the penalty and costs 
 be sooner paid. 
 
 The latter provision must be read as controlled by sec, 258, which 
 see and notes thereto. 
 
202 
 
 THE MUNICIPAL MANUAL. 
 
 By laws fur 
 appoint- 
 ment of 
 Inspector! of 
 Phop and 
 Tavern 
 Licentua. 
 
 Term of 
 offlce. 
 
 Satiei and 
 retnnnera- 
 tioo of. 
 
 Security. 
 
 Iniipectorg 
 may endorse 
 liwnses to 
 authorize 
 Haleofll(|uor8 
 I'lsewliere 
 than in the 
 hnuRO 
 dearibed in 
 liceuKe, 
 
 and comprehend all spirituous and raalt liquors, and all com- 
 binations of liquors or drinks \7hich aro intoxicating, (m) 
 
 Inspkctors or Licenses. 
 
 969- The Council of every Township, Town, or Incor- 
 porated Village, and the Commissioners of Police in every 
 city, may respectively pass By-laws : (0 
 
 1. For appointing annually one or more fit and proper per- 
 sons, possessing the same property qualification as that required 
 for members of the Council of the municipality, to bo Inspec- 
 tors of Shop and Tavern-licenses, who shall hold ofiico during 
 the current year, and any vacancy occurring during the year 
 shall be filled by the Council or Commissioners of Police, for 
 the remainder of such year; («) 
 
 2. For fixing and defining the duties, powers and privileges 
 of the Inspectors so sppointed ; the remuneration they shall 
 receive; and the security to be given by them for the efficient 
 discharge of the duties of their oflBce j [v) such By-laws not 
 being contrary to law. (m) 
 
 303- Any Inspector of Licenses may, in his discretion 
 (but subject to any By-law of the Municipality, or Commis- 
 sioners of Police) endorse on any license, permission to the 
 person holding the license, to sell the liquors mentioned in his 
 License at any place out of his house, or to remove from the 
 house licensed to another house to be described in the indorse- 
 ment and situate within the same Municipality, and such 
 
 («) The word " liquor" is, wlien unrestricted, a word of general 
 signification extending to water, milk, sap, juice, Ac, but its common 
 application as here used is to spirituous and malt liquors and combi- 
 nations of drinks which are intoxicating. 
 
 (t) This section is for the appointment of inspectors of licenses, and 
 for the regulation of their duties when appointed. 
 
 (m) The Court has refused to interfere by mandamus to compel 
 inspectors to examine a certain house fitted up by the applicant as n 
 saloon, and to grant him the proper certificate if he should be found 
 to have complied with the by-law of the Municipal Council in that 
 behalf (Jn re Baxter v. Hesson etal ,\2 U.C. Q. B. 139.) So the Court 
 has refused to interfere by mandamus to compel the revocation of a 
 certificate for license when granted. {The Queen ex rel. Gamble v. 
 Burnside, 8 U. C, Q. B. 263.) 
 
 {v) The Inspector may be remunerated by fees. The fees are to be 
 deemed as payment for services rendered, and not to be looked upon 
 as a part of the duty charged for the license. (//» re Harrison and The 
 Town Council of the Town of Owen Sound, 16 U. C. Q. B. 1G6.) 
 
 (w) See noten to sec. 191. 
 
for 
 
 TftK MUNrOIl'AL M,ANlfAT.. 203 
 
 {icrmission shall authorize the holder thereof to sell such 
 jiquors in the IIouso mentioned in the indorsement, during 
 the unexpired portion of the terra for which the liicenso was 
 granted, and upon the same terms and conditions; And any 
 bond or security which such holder may have given for any 
 purpose relative to such license, shall apply to the house or 
 place to which such removal is authorized. («) 
 
 S04. Every Council of a Township, City, Town, or Incor nyiawifor: 
 poruted Village, (b) may also pass By-laws j (c) 
 
 Billiard T'.ules. 
 
 1. For licensing, regulating and governing all persons who, 
 for hire or gain directly or indirectly, keep, or have in their 
 possession, or on their premises, any Billiard-table, ((Z ) or who J^'^fregXt- 
 keep or have a Billiard-table in a house or place of public inir Biiiiara 
 entertainment or resort, whether such Billiard Table is used '^'''''•■* 
 
 or not, (e) and for fixing the sum to be paid for a License so 
 to have or keep such Billiard-table, and the time such License 
 shall be in force j (/) 
 
 Victualling Houses, &c. 
 
 2. For limiting the number of and regulating Victualling yictuniing 
 Houses, ordinaries, and houses where fruit, oysters, clams, or number and 
 victuals are sold to be eaten therein, and all other places for "suiation of 
 the reception, refreshment or entertainment of the public ; (^y) 
 
 and, 
 
 («) Any one Imviiiic; u tavern license may sell liquors by retail to 
 be consumed out of his house, in the same quantities as if to be con- 
 sumed in the house. (Sec. 253.) No one having a shop license is 
 entitled thereunder to sell liquors to be consumed in his house. (Sec. 
 265.) In the event of it being desired by the licensee to sell tempo- 
 rarily at a place other than his house, or to change his house, the 
 provisions of this section come to his relief. 
 
 (6) The power does not extend to 0>uniy Councils. 
 
 (c) See note / to sec. 190. 
 
 {d) Whether or not such person is the keeper of a tavern or house 
 of jiublic entertainment. (See Church qui tarn v. Richards, 6 U, C. 
 Q. B, 562.) 
 
 («) If the billiard table is in a house or place of public entertainment 
 it must be licensed, whether used or not. 
 
 (/) The section extends — 1. To all persons who for hire or gain 
 keep on their premises a billiard table ; and 2. To all persons who 
 keep a billiard table in a house or place of public entertainment or resort, 
 
 iff) The power to limit involves no power to suppress. (See note a 
 to sec, 249.) 
 
204 
 
 THE MUNICIPAL MANUAL. 
 
 Licen-ie and 
 fde for same. 
 
 LlcengeD 
 when not 
 requlrcil to 
 he renewed. 
 
 License fees 
 to belonj; to 
 Muuicipalty. 
 
 How keepers 
 of disorderly 
 iun8 to be 
 procit!(5ed 
 azain^t. 
 
 3. For licensing the same when no othoi- provision exists 
 therefor, and for fixing the rate of such Licenses not exceeding 
 Twenty dollars, (/t) 
 
 Licenses, How Long to Continue. 
 30«$- In caso any By-law respecting Licenstc is repealed, 
 altered or amended, no person shall be required to take out a 
 new Ticense or to pay any additional sum upon his license 
 during the time for which the same has been granted to 
 him. (/') 
 
 License Fees. 
 3G6. All sums of money levied for licenses over and above 
 the sum payable to the Province, by way of duty, shall belong 
 to the Corporation of the Municipality in which they aie 
 levied, (j) 
 
 Disorderly Inns. 
 
 367. The Mayor or Police Magistr:*.e of a Town or City, 
 or the Reeve of a Township or Village with any one Justice 
 of the Peace having Jurisdiction in the Townsliip or Village, 
 upon complaint made on oath to them, or one of them respec- 
 tively, of riotous or disorderly conduct in any Inn, Tavern, 
 Ale or Beer house situate within their jurisdiction, may sum- 
 mon the keeper of the Inn, Tavern, Ale or Beer House, to 
 answer the complaint, and may investigate the same summarily, 
 and either dismiss the complaint With costs to be paid by the 
 complainant, or convict the keeper of having a riotous or dis- 
 orderly house, and annul his liccn.se, or suspend the same for 
 not more than sixty days, with or without costs, as in his or 
 their discretion may seem just. (A;) 
 
 (h) Tliis is a general power to license victualling houses, <fec. It 
 can only be exercised " when no other provision exists therefor." No 
 license is to cost more than $20, 
 
 (0 This section appears to extend to all licenses, whether to sell 
 spirituous liquors, keep billiard tables or victualling houses, <tc. The 
 object of it is to protect the existence of licenses bona fide issued under 
 a by-law, notwithstanding the repeal, alteri'^ion or amendment of such 
 by-law. 
 
 (j) For sums payable to the Provincial Government on licenses to 
 sell spirituous liquors, Ac., see note a to sec. 250. 
 {k) The powers given are : 
 
 1. Upon comi)laint, Ac, to summon the keepor of the inn, «fec. 
 
 2. To iiiVLStigate the complaint sunimnrily. 
 
 3. To dismiss the complaint with costs to be paid by complainant. 
 
 4. Of to convict tlie keeper of having a riotous or disorderly house. 
 
 5. To annul his license. 
 
 ('). Or suspend the same for not more than 00 days. 
 Costs to be discretionary. 
 
THE MUNICIPAL MANUAL. 
 
 205 
 
 Land Marks and Boundaries. 
 
 d68- In case the Council of any Township, City, Town, p' c'ng i«nd 
 or Incorporated Village adopts a resolution on the application Sonuments 
 of one half of the resident landholders to he affected thereby, l^^'Jg'^jjjg 
 that it is expedient to place durable monuments at the front 
 or rear of any concession or range or part thereof in the Muni- 
 cipality, or at the front or rear angles of the lots therein, (J) 
 the Council may apply to the Governor in the manner pro- 
 vided for in the sixth to the tenth sections of the Consolidated 
 Statute for Upper Canada respecting the survey of lands, 
 praying him to cause a survey of such concession or range, or 
 such part thereof, to be made, and such monuments to be 
 placed under the authority of the Commissioner of Crown 
 Lands, (m) and the person or persons making the survey shall 
 
 Con. Stat. 
 U. C. cap. PS 
 
 One R. laid nn information before G. a Police Magistrate, stating 
 that one P. G. the keeper of a tavern duly licensed, kept a disorderly 
 house, Ac., and prayed that a warrant might issue against the said 
 P. G. " and all others found or convened in the house." A warrant 
 was accordingly issued by G. directed to the Chief Constable and all 
 other constables of the City of Toronto, &c., commanding them to 
 apprehend Mrs. P. G. " and all others found and convened in her house 
 to answer, <fec." The defendants, except R. and G., went to the house 
 at 9 o'clock on a certain evening and arrested Mrs. P. G. and several 
 other persons, among whom was the plaintiflF, a traveller, who went to 
 the house as a guest. There was no disturbance whatever in the house 
 that evening. Plaintiff was non-suited. Held, on motion to set aside 
 the nonsuit, that defendant R. having been in no way connected with 
 the arrest of plaintiff, the nonsuit should stand as regards him, but 
 should be set aside and a new trial ordered as to the relhaining parties. 
 {Cleland v. Eobinsm st al. 11 U. C. C. P. 416.) 
 
 {I) In the absence of such an application and such a resolution as 
 the statute requires to authorize an application to the Governor to 
 cause the survey to be made, the survey would be held wholly unau- 
 thorized. {Cooper v. Wellbanka, 14 U. C. C. P, 866.) The Court 
 however will presume that everything which was done, was rightly 
 done, until the contrary appear. (76.) Where it was shown that the 
 application was made, not by one half the resident landholders to be 
 affected by the survey, but by ten freeholders, over half of whom had 
 no deeds for their lands, and that eleven or twelve freeholders who 
 would be affected by the survey, were not parties to the application, 
 the survey was held to be unauthorized. {lb.) 
 
 (»i) The sixth section of Con. Stat. U. C. cap, 93, recites that in 
 several of the Townships in Upper Canada, some of the concession 
 lines or parts of concession lines, were not run in the original survey 
 performed under competent authority ; that the surveys of some con- 
 cession lines or parts of concession lines had been obliterated, and that 
 owing to the want of such lines the inhabitants of such Townships are 
 subject to serious inconvenience, and for remedy provided that the 
 
206 
 
 Costs of 
 Burvey. 
 
 THE MUNICIPAL MANUAL. 
 
 accordingly plant stone or other durable monuments at the 
 front or at the rear of such concession or range, or such part 
 thereof as aforesaid, or at the front and rear angles of every 
 lot therein (as the case may be) and the limits of each lot so 
 ascertained and marked, shall be the true limits thereof; («) 
 and the costs of the survey shall be defrayed in the manner 
 prescribed by the said Statute, (o) 
 
 Councils 269. The Council of every Township, City, Town or 
 
 may pass Incorporated Village (p) may also pass By-laws : (q) 
 
 By-lftwa for 
 
 Provisions for ESXABUsnixo Boundaries. 
 
 1. For procuring the necessary estimates, and making the 
 
 aniTmaWng* proper application for ascertaining and establishing the boun- 
 
 boundariesof ^ary Hncs of the Municipality, according to law, in case the 
 
 same has not been done; and for erecting and providing for 
 
 the preservation of the durable monuments required to be 
 
 erected for evidencing the same ; (r) 
 
 County Council of the County in which any Township in Upper 
 Canada is situate, may, on the application of one lialf the resident 
 landholders, or may without such application, make application to the 
 Governor requesting him to cause any such line to he surveyed and 
 marked by permanent stone boundaries, under the direction and order 
 of the Commissioner of Crown Lands. 
 
 («) If the surveyor proceed otherwise than as directed by the statute, 
 the survey will be unauthorized. {See Ihnnerv.Iiissell et al., 21 U.C. 
 Q. B. 553.) 
 
 (o) All expenses incurred in performing any survc}- or placing any 
 monument or boundary under the provision of Con. Stat. U. ('. cap. 
 93, must bo paid by the County Treasurer, to the person or persons 
 employed in such survey, on the certificate and order of the Commis- 
 sioner of Crown Lands. (Con. Stat. U. C. cap. 93, sec. 10.) The 
 Council may cause to be laid before them an estimate of the sura requi- 
 site to defray the expense to be incurred, in order that the same may be 
 levied on the proprietors of the land in each concession or part of a 
 concession interested, in proportion to the quantity of land held by 
 them respectively in such concession or part of a concession, in the 
 same manner as any other sum required for any other purposes autho- 
 rized by law may be levied. {lb. sec. 9.) A by-law to levy the amount 
 " from the patented and leased lands" of the townships is bad. (In re 
 ScoUandthe Corporation of the County of Peterborough, 25 U.C. Q.B. 453 ; 
 In re Scott and the Corporation of the Township of Harvey, T. T. Q. B. 
 1S6G, not yet reported.) Semble, the statute does not authorize the 
 survey of a whole township, but only of some concession or part of a 
 concession therein, {lb. ) 
 
 {p) Neither County Councils nor Police Villages are included. 
 
 {q) The powers mentioned in ^ec. 268 may be exercised by resohi- 
 tion, these by by-law. 
 
 (r) See sec. 268, and notes thereto. 
 
 I 
 
THE MUNICIPAL MANUAL. 
 
 207 
 
 Schools. 
 
 to be 
 
 estaMlshlns 
 cemuteriuB. 
 
 2. For obtaining such real property as may be required for Acquiring 
 the erection of Common School Houses thereon, and for other gcSwfg'ic. 
 Common School purposes, and for the disposal thereof when 
 
 no longer required ; and for providing for the establishment 
 and support of Common Schools according to law; (s) 
 
 Cemeteries. 
 
 3. For accepting or purchasing lard for public Cemeteries, For 
 as well within as without the Municipality, and for laying out, 
 improving and managing the same; but no land shall be 
 accepted or purchased for such purpose except by a By-law 
 declaring in express terms that the land is appropriated for a 
 public Cpmetery, and for no other purpose; and thereupon 
 such land, although without the Municipality, shall become 
 part thereof, and shall cease to be part of the Municipality to 
 which it formerly belonged ; and such By-law shall not be 
 repealed ; (J) 
 
 4. For selling or leasing portions of such land for the ForseUing 
 purpose of interment, in family vaults or otherwise, and for thereof*on 
 declaring in the conveyance the terms on which such portions limitedterms 
 shall be held ; (m) 
 
 Cruelty to Animals. 
 
 5. For preventing cruelty to animals, and for preventing Preyenting 
 the destruction of birds, the By-laws for these purposes not animals.*" 
 being inconsistent with any statute in that behalf; (y) 
 
 (s) School Trustees of a Townsliip cannot, without reference to the 
 freeholders, determine upon the site of a school-house, and purchase it, 
 and impose a rate to meet the expense. (Orr v. Ranney et al., 12 U.C. 
 Q. B. 377.) 
 
 (<) As a rule, the jurisdiction of every Council is confined to the 
 municipality the Council represents. (Sec. 190.) Here an authority 
 beyond the limits of the municipality is given. That authority is to 
 accept or purchase land for public cemeteries, as well within as without 
 the municipality. The acceptance or purchase is to be by by-law, 
 declaring in express terms that the land is appropriated for a public 
 cemetery, and for no other purpose. When this is done, the land, 
 although without the municipality, becomes part thereof for all pur- 
 poses of local government. 
 
 (m) There is no limitation as to the interest to be conveyed. When 
 a Municipality is seized in fee simple, the conveyance may be made 
 either for ever or for years. The power is to " sell " or " lease." 
 The conveyance must be executed under the corporate seal of the 
 Municipal Council. 
 
 {v) See note n to sec. 191. 
 
208 
 
 THE MUNICIPAL MANUAL. 
 
 Tax on doga. 
 Killing doi,'8. 
 
 llfiaht and 
 
 klDcl of 
 
 fences. 
 
 Of division 
 fences. 
 
 Dt'struction 
 ( r weeds. 
 
 Moensin? 
 pnlilic ifhowB 
 
 Dogs. 
 
 6. For imposing a tax on the owners, possessors or har- 
 bourers of doga ; (to) 
 
 7. For killing dogs running at large contrary to the By- 
 laws; (*) 
 
 Fences. 
 
 8. For settling the height and description of lawful fences ;(3/) 
 
 Division Fences. 
 
 9. For regulating the height, extent and description of law- 
 ful division fences; and for determining how the cost thereof 
 shall be apportioned ; and for directing that any amount so 
 apportioned shall be recovered in the same manner as penal- 
 ties not otherwise provided for may be recovered under this 
 Act; but until such By-laws be made, the Act respecting line 
 fences and water courses shall continue applicable to the 
 Municipality; (s) 
 
 Weeds. 
 
 10. For preventing the growth of weeds detrimental to 
 good husbandry; (a) ' 
 
 Exhibitions, Shows, <fec. 
 
 11. For preventing or regulating and licensing exhibitions 
 of Wax-work, Menageries, Circus-riding, and other such like 
 shows, usually exhibited by showmen, and for requiring the 
 payment of license fees for authorizing the same, not exceed- 
 ing one hundred dollars for every such license, and for impos- 
 
 (w) The common belief is that only the owners of dogs are taxable 
 for them. It is here enacted that not only the owner, but the paisessor 
 or harbourer may be taxed. 
 
 (x) The power is to authorize the kUling of dogs. No provision is 
 made as to the mode of killing. Poisoning as much as shooting is 
 lawful. The authority to kill of course exists only when the dog is 
 found running at large " contrary to the by-laws." (See McKenxic v. 
 Campbell, 1 U. C. Q. B. 241.) 
 
 (v) The power is to settle, that is, to determine by some general 
 regulation the height and description of fences, whether division fences 
 or not. 
 
 {z) Any fence coming within the meaning of a lawful fence, in any 
 by-law of the Municipal Council in that behalf, is to be considered a 
 lawful fence under this act ; and when no such by-law exists, any fence- 
 viei.i'vs, when called upon, are to exercise their own judgment, and 
 decide what they consider to be a lawful fence. (Con, Stat. U. C, cap, 
 57, sec. 2.) 
 
 (rt) It is well to observe that this subsection is in terms confined to 
 " weeds detrimental to good husbandry." 
 
THE MUNICIPAL MANUAL. 
 
 209 
 
 ing fines upon persons infringing such By-laws, and for levying Fines fcr 
 the same by distress and sale of the goods and chattels of such »n'«"=ticn. 
 showman, or belonging to or used in such Exhibition, whether 
 owned by such showman or not, or for the imprisonment of 
 such offenders for any term not exceeding one month ; (6) 
 Provided always, that it shall not be lawful for the Council of ^jo^^^-^ ^^^ 
 any Municipal Corporation, or the Commissioners of Police in tote'gniiited 
 ;iny City, to grant licenses or license certificates to persons {^J,g'i^'/*|i'* 
 havinp; exhibitions of any work or circus-riding, or other shows places, 
 of a like character, or places of gambling, or to those engaged 
 in traffic in fruits, goods, wares or merchandise of whatever 
 description, for gain, on the days of the exhibition of the 
 Agricultural Association of Upper Canada, or of any County, 
 Electoral Division or Township Agricultural Society, either on 
 the grounds of such Society, or within the distance of three 
 hundred yards from such grounds j (c) . - 
 
 Graves. 
 
 12. For preventing the violation of cemeteries, graves, protecting 
 tombs, tombstones or vaults, where the dead are interred. (<i) sraves. 
 
 Injuries to Private Property and Notices. 
 
 lo. For preventing the injuring or destroying of trees oriuimontai 
 planted or preserved for shade or ornament; (c) » *'««»• 
 
 [b) There is authority given as well to prevent as to regulate and 
 license shows. The maximum license fee of $100 is mach larger than 
 was required under the old law. The I'egulations, Ac, will of course 
 be by by-law. Persons infringing the by-laws are made liable to fine, 
 and the fine is to be levied by distress and sale of the goods and chat- 
 tels of the showman, or belonging to or used in the exhibition, whether 
 owned by the showman or not. Power to imprison for any term not 
 exceeding one calendar month is also given. But this power, it is 
 apprehended, can only be exercised in default of payment of the fine, 
 nnd of the goods and chattels liable to be levied for the same. (See 
 sec. 24G, sub-sec. 8.) 
 
 (e) This proviso is new. •''^' ' ■'''' *>■"" ' ' 
 
 \(l) It has been held thai it is an indictable offence to take up a 
 dead body even for the purpose of dissection. Common decency 
 requires that such a practice should be prevented. The bare idea of it 
 uiukcs nature revolt. It is an offence against decency to take a person's 
 (lead body, with intent to sell or dispose of it for gam or profit. It has 
 been held that to sell the dead body of a capital convict for the purpose 
 of dissection, where dissection was no part of the sentence, is a misde- 
 meanor, and indictable at common law. (1 Bussell on Crimes, 464.) 
 
 (c) If any person unlawfully and maliciously breaks, barks, roots 
 up, or otherwise destroys or damages the whole or any part of any 
 tree, sapling or shrub, or any underwood respectively growing in any 
 14 
 
'U 
 
 ir^ 
 
 '"^i 
 
 '«*; i^- 
 
 210 
 
 THE MDNICIPAL MANUAL. 
 
 Sjgne. 
 
 14. For preventing the palling down or defacing of sign- 
 boards, and of printed or written notices j (/) 
 
 Qa9 awd Watbr, 
 Authoriiing 15. For authorizing any corporate Gas or Water Company 
 w'te°c '° ^*y down pipes or conduits for the conveyance of water or 
 panies toiay gas Under Streets or publio squares, subject to such regulations 
 2°^°'*'P*'' as the Council sees fit; (^) and, 
 
 Stock in. 
 
 16. For acquiring stock in, or lending money to, any such 
 Company ; and for guaranteeing the payment of money bor- 
 rowed by, or of debentures issued for money so borrowed by, 
 the Company ; Provided the By-law is consented to by the 
 electors, as hereinbefore provided, (h) 
 
 STO. The Head of any Corporation holding Stock in any 
 such Company to the amount of ten thousand dollars shall be 
 ex officio a Director of the Company in addition to the other 
 Directors thereof, and shall also be entitled to vote on such 
 Stock at any Election of Directors, (t) 
 
 PROVISIONS APPLICABLE TO TOWNSHIPS AND 
 COUNTIES, 
 
 The next following Section applies to Townships and 
 Counties :(y) 
 
 STl- The Council (Je) of every Township and Coun- 
 
 Takiog stock 
 In Oas and 
 Water 
 Companies. 
 
 ProTiso : 
 
 Head of 
 
 Corporation 
 to be a 
 Director. 
 
 park, pleasure grouncl, garden, orchard or arenue, or in any ground 
 adjoining or belonging to any dwelling house, the offender, Ac, ia guilty 
 of a misdemeanor. (Con. Stat. Can. cap. 93, sec. 24.) 
 
 (/) This is not a criminal offence, that is, not punishable as a mis- 
 demeanor. 
 
 {g) As to the organization of gas and water companies, see Con. Stat. 
 Can. cap. 66. 
 
 {h) See sec. 1 96^ 
 
 (t) This section applies only to gas and water companies. Sec a 
 similar provision in regard to railway companies. (Sec. 851.) 
 
 {j ) Bee note /to sec. 246. 
 
 (k) The Council is not to be confounded with the Corporation. It is the 
 governing body acting on behalf of the Corporation for the particular 
 year. It is moreover a flactuating body ; the Council for one year 
 not being inolentical with tiie Council for another year, and not to be 
 so looked upon even though it should happen to be composed of the 
 same persons (per Robinson, C. J., in Municipality of East Niasouri v. 
 Horteman, 16 U. C. Q. B. 68S.) The ri.embers of the Council are not 
 the Corporation, but the agents of the Corporation for the affairs and 
 
THE MUNICIPAL MANUAL. 
 
 211 
 
 icing of sign- 
 
 iter Company 
 le of water or 
 ch regulations 
 
 to, any such 
 )f money bor- 
 borrowed by, 
 ted to by the 
 
 ; Stock in any 
 
 lollars shall be 
 
 n to tbe other 
 
 vote on such 
 
 UPS AND 
 [ownships and 
 
 ip and Coun- 
 
 r in any ground 
 ier, Ac, is guilty 
 
 ishable as a mi3- 
 
 es, see Con. Stat. 
 
 mpanies. Sec a 
 Bc. 851.) 
 
 •oration. It is the 
 for the particular 
 cil for one year 
 ar, and not to be 
 Bomposed of the 
 ' Scut Nisaottri v. 
 e Council are not 
 jr tbe affairs and 
 
 ty (I) may pass By-laws for paying tbe Members of the Council Remunera. 
 for their attendance in Council, (m) at a rate not exceeding c^nndiiorg 
 two dollars per diem, and five cents per mile necessarily limited, 
 travelled to and from such attendance, (n) 
 
 funds of tlie Corporation. When these agents are proved so to mis" 
 npi)ropriate the funds* of the Corporation as to put the money into 
 their own pockets when not authorized so to do, an action at the suit 
 of the Corporation will lie against them to recover it hack, and when 
 that misappropriation is mixed up with what may have been rightfully 
 paid, it is but right in order to operate as a safeguard to the Corpor- 
 ation, to cast the burthen of proof on the agent, to separate from 
 the appropriation he has received, that portion which ho would be 
 legally entitled to take (per Burns, J., in Mumcipality of East Niasonri 
 V. Horseman, 16 U. C. Q. B. 588) and it would be well for those who 
 take part in the illegal appropriation of public moneys, to reflect that 
 there is not only a civil but a criminal remedy (per Robinson, C. J., 
 in Daniels V. The Municipal Council of the Township ofBurford, 10 U.C. 
 Q. B. 4Pl.) The Treasurer should not pay money on any or every 
 dr.ift and order which the Reeve for the time being may direct him 
 to pay. The Township moneys will probably be considered as still 
 in his hands, unless paid out on a proper legal authority, for purposes 
 contemplated and authorized by law, at least until he has received a 
 formal acquittance and discharge from the Municipality. ( The Muni- 
 cipal Council of East Nissouri v. Horseman et al, 9 U, C. C, P. 191, per 
 Draper, C.J.) Nor should he pay money on an illegal order or reso- 
 lution, for an act of Parliament should be regarded by him as a higher 
 authority tlian the resolution or by-law of a corporation created by 
 act of Parliament (per Robinson, C. J., in Daniels v. Tfu Municipal 
 Council of the Township of Burford, 10 U. C. Q. B. 481 ; and if a trea- 
 surer so pay money on an illegal order or resolution, he would be pro- 
 probably subject to criminal prosecution (per Robinson, C. J., in Mnui^ 
 cipality of Eaxt Kissouri v. Horseman, 16 U. C. Q. B. 580), but not now 
 liable to any action at law for moneys paid by him in accordance with 
 a by-law or resolution of the Council. (Sec. 162.) 
 
 (I) The power extends to Township and County Councils only. The 
 power was formerly restricted to County Councils. (See The Queen v. 
 Tlie D'lstrict Council of the District of bore, 6 U. C. Q. B. 357 ; In re 
 Wright and the Municipal Council of the Township of Cornwall, 9 U. C. 
 Q. B. 442.) The Councils of Cities. Towns, and Incorporated Villages 
 are as much as ever without the power. 
 
 (m). The power when given must be'exercised by by-law — not by 
 resolution. (See The Queen ex rcl. Allemaing v. Zoeger, 1 U. C. Prac, 
 R. 219 ; Daniels v. Tlve Municipal Council of Burford, 10 U. C, Q. B. 
 478.) 
 
 (w) The power at one time even when possessed by Township and 
 County Councils, was restricted to the remuneration of the Councillors 
 for attendance, at the rate of $1 50 per diem. (7m re Patterson and the 
 Corporation of the County of Grey, 18 U. C. Q. B. 189.) The allowance 
 is now increased to |2 per diem for attendance, and " five cents per 
 mile necessarily travelled to and from such attendance." This how- 
 ever does not authorize the Councils named, to vote among themselves 
 
212 
 
 THE MUNICIPAL ^tANCAr,, 
 
 A ppropr ill- 
 
 t lull of COI - 
 
 );iin moneys 
 <ir uJuca- 
 
 ; in-.]. 
 
 IliVi-^ttilellt. 
 
 Proviso ; 
 us to invest- 
 uieiit. 
 
 Jiivristiii«nt8 
 iilrMiJvmmtt! 
 li-iTiiliv-ed. 
 
 Invkstement of SIonkvs. . 
 
 S73. From and after the passinj^ oi' this iU-t, (o) any 
 Municipal Corporation having surplus nioni'ys derived fruiii 
 the Upper Canada Municipalities Fund, shall have p^wer, by 
 Hy-law, to set such surplus apart for educational purposos, 
 and to invest the same as well as any other nioncys held by 
 such Municipal Corporation for, or by it lawfully approprinted 
 tu educational purposes, in first mortgages secured on real 
 estate, held and used for farming purposes, and to be tiie 
 fii'st lien on or against such real estate, and from time to time 
 as Huch securities mature, to invest in other like securities, ur 
 in the securities already mentioned by law, as nuiy be dirceted 
 by such By-law, or by other By-laws passed fur that pur- 
 pose; (jo) Provided always, that no Municipal Corporation 
 shall invest in such real estate, securities within the limits of 
 its own Municipality, nor shall any sum, so invested, exceed 
 one-third of the value of the real estate on which it is secured, 
 according to the last revised and corrected assessment roll at 
 the time it is so invested. (5) 
 
 273. And whereas several Municipalities have heretofore 
 invested moneys derived from the said fund and set apart for 
 
 lump sums for services durinjj tlie year (see Daniels v. The Municipal 
 Coinwil of Bur ford, 10 U. C. Q. B. 478 ; In re Blaikie and the Corpora- 
 tion of the Tomiship of Jlamiltoti, 25 U, C. Q. B. 4G'J), or for other 
 unktiovr'u or undescribod services. {^Municipality of East Nissouri v, 
 Jlorscman, 10 U. C, Q. B. 57C.) 
 
 (0) This section is taken from sec. 1 of Stat. 27 Vic. cap. 1 7, which was 
 lic'lJ not to be retrospective, {hi re Doherty and the Corporation of the 
 Tuwmhip of Toronto, 25 U. C. Q. B. 409.) 
 
 (;>) The section places no restriction upon the remedies of the 
 mortgngees, iu the event of defiiult. So that the Municipality, being the 
 mortifagees, are, after default, entitled to a decree of foreclosure and not 
 restricted to a sale of the property, notwithstanding the Statutes of Mort- 
 main. There is probablj' no serious danger of Municipalities holding- 
 land so acquired, to any alarming extent. If it should become a serious 
 evil, the Legislature can cure it at any time by compelling a sal(j of the 
 lands so acquired. {The Municipality of Orfordy. Bailey, 12 Grant, 27G.) 
 
 ((/) This proviso is directed against possible abuses, and intended 
 to secure safety of investment. The direction that the sum invested 
 is not to exceed one third of the value of the real estate on which it is 
 secured, according to the last revised and corrected assessment roll at 
 llie time the money is invested, is deserving of careful attention. Muni- 
 cipal Councillors are trustees for the rate-payers, and if they disregard 
 the safeguard of this section, so as to commit a breach of trust, they 
 would not only be held civilly responsible to make good the loss, biit 
 be liable to a criminal prosecution. (See sec. 277.) 
 
THE MUMCIl'AL MANUAL 
 
 213 
 
 spcciiil purposes, in real estate pccnrity, be it enacted that sueli 
 investments shall be legal and valid, (r) 
 
 974. The IJoard of School Trustees of any City or Town 
 in Upper Canada, having surplus moneys for educational pur- 
 poses, may invest the same in the purchase of Provincial Con- 
 solidated Loan Fund, or Municipal Debentures, or in such 
 securities as are described in the next preceding section, sub- 
 ject to the provisions, conditions, limitations and restrictions 
 therein contained ; (.s) and any By-law or resolution of any 
 such Corporation heretofore made for authorizing any such 
 investment, under which any such money has been so invested, 
 shall be held to be a good and valid By-law or resolution. (<) 
 
 Q7*i. Any Munici'pal Corporation having surplus moneys 
 derived from the Upper Canada Municipalities Fund, shall 
 have power by liy-law to set such surplus apart for educational 
 purposes, and to invest the same in a loan or loans to any 
 Board or Boards of School Trustees within the limits of the 
 Municipality, for such term or terms, and at such rate or rates 
 of interest as may be agreed upon by and between the parties 
 to such loan or loans respectively, and set forth in such 
 By-law. (u) 
 
 InTodtment 
 of moneys 
 by Board nf 
 School 
 Trustei's. 
 
 InvflHtments 
 
 heretofore 
 
 made. 
 
 Loans to 
 Uoards of 
 School Truti- 
 tees by 
 Municipal- 
 tio<. 
 
 (r) Tills section is taljcn from sec. 2 of Stnt, 27 Vic. cap. lY. Its 
 liesi^n is to ratify past investments. Tiicsc Municipalities have, as 
 mortgagees, though Corporations, and notwithstanding the Statutes of 
 Mortmain, the san)o remedies for foreclosure or sale as other mortga- 
 gees. See note p to sec, 2Y2. 
 
 (s) Tlic two previous sections make provision for investment of sur- 
 plus moneys for educational purposes, by Municipal Councils. Tiiis 
 section wliich is taken from sec. 3 of Stat. 27 Vic. cap. 17, confers like 
 powers subject to like i-estrictions, and it is presumed like remedies, 
 upon the Board of School Trustees of any City or Town in Upper 
 Canada. 
 
 (t) The former part of the section has reference to prospective in- 
 vestments. The latter part, like sec. 273, has relation only to invest- 
 ments already made, 
 
 (m) Before this section, which is taken from sec. 4 of Stat. 27 Vic. 
 cap. 17, each Township had power to grant to the Trustees of any 
 School section on their application, authority to borrow any sums of 
 money necessary for specified purposes, in respect to School sites. 
 School Houses and their appendages or for the purpose or erection of 
 a teacher's residence, and in that event was required to cause to bo 
 levied in each year upon the taxable properly in the section, a sufficient 
 sum for the payment of the interest on the sum so borrowed, and a 
 sum suflicient to pay off the principal within ten years. (Con. Stat. 
 U. 0. cap. 64, sec. 35.) By the section here annotated, the Municipal 
 Corporation may not merely give authority to School Trustees to 
 
 jl' 
 
214 
 
 THE MUNICIPAL MANUAL. 
 
 Boardg of ISITO. Any Board of rfohool Trustees may, with the consent 
 
 School Trui- of tho frccholdors and householders of their school section first 
 
 i.nm"w»ucu had and obtained at a special meeting, duly called for thatpur- 
 
 moneji. p^g^^ ^y By-law authorize the borrowing from any Municipal 
 
 Corporation of any such surplus moneys as aforesaid, tor such 
 
 term and at such rate of interest as may be set forth in such 
 
 By-law, for the purpose of purchasing a school siio or school 
 
 sites, or erecting a school house or school houses ; and any 
 
 sum or sums so be rrowod shall be applied to that purpose, and 
 
 to that only, (a) 
 
 ^77 Any member of any Municipal Corporation or Board 
 of School Trustees, who shall take part in or in any way be a 
 party to the investment of any such moneys as are mentioned 
 in this Act, by or on behalf of the Corporation of which he is 
 a member, otherwise than as is authorized by this Act, or by 
 the eleventh section of tho Act respecting Clergy Reserves, or 
 by any other law in that behalf made and provided, shall be 
 held personally liable for any loss sustained by such Corpora- 
 tion and shall also be guilty of misdemeanor, and bo liable to 
 conviction in any Court of competent jurisdiction in Upper 
 Canada, and upon conviction may be sentenced to fine or im- 
 prisonment, or both, in the discretion of such Court. (/>) 
 
 I,!«l)ll«tjr of 
 menibera of 
 corporation 
 or School 
 Truatoog, in 
 vuBtlng 
 money other 
 wiiie than 
 Authorized 
 )>y this Act. 
 
 borrow, but itself lend money to tbe School Trustees within the liniits 
 of tlio Municipality, " for sucli term or terms and at such "ate or rates 
 of interest as may be agreed upon, <fec., and " set forth in sucIj by-law." 
 The previous section is restricted to School Trustees " of any (?ity or 
 Town," but this extends to " any Board or Boards of School Trustees 
 witliin the limits of the Municipality," and which may be a rural as 
 well as a City or Town Municipality. 
 
 (a) This section which is taken from sec. 5 of Stat. 27 Vic. cap. 17, 
 seems to flow from the preceding, and to a certain extent to depend 
 upon it. The mere declaration that Municipal Corporations might 
 lend money to Boards of School Trustees would be of little avail, unless 
 tlie Trustees were empowered, as by this section they are, to borrow. 
 The power is conferred upon the School Trustees, subject to the 
 restriction that they shall procure " the consent of the freeholders and 
 householders of their school section," and this is to be obtained " at a 
 Special meeting duly called for that purpose" (see Williams v. The 
 School Trustees of Plympton, 7 U. C. C. P. 65'.)), and can only be exer- 
 cised for borrowing the money for tho purposes specilied, viz., "pur- 
 chasing a school site or school sites or erecting a school house or 
 school houses." 
 
 (h) Tho members of a Municipal Council, or of a Board of School 
 Trustees, are agents for the people whom they represent, with a limited 
 authority, in regard to the borrowing or lending of money as well as 
 in other matters. If they exceed their authority and loss result, they 
 are to be held personally responsible for the loss, and not only so, but 
 
 Mm 
 
THE MUNICIPAL MANUAL. 
 
 215 
 
 any 
 and 
 
 Elbotoral Divisions. 
 378. The Council of any city or town may from time to 5^',''''p'j?;5^^^ 
 timo pass by-laws for dividing the wards of such oity or town into ward*, 
 into two or more convenient electoral divisions, for establishing ^^^ ^„^g. 
 polling; places therein, and for appointing Returning Officers *bipi into 
 therefor, and may from time to time repeal or vary the same j di^wJSiu 
 and the Council of every township or incorporated village may 
 by By-luw divide the same into two or more electoral divisions 
 and may from time to time repeal or vary the same, (c) 
 
 POOB. 
 
 370. Every Township Council may also make Bylaws for Jlfe'^eTief^f 
 raising money by a rate to be assessed equally on the whole the poor, 
 ratable property of the township for the support of the poor how'they 
 resident in the township, or appropriating from the general ""^y ^^ 
 funds of the municipality a sum for such purpose, {d) ^"^ ' 
 
 Obstructions to Strkams and WATER-oovmBcs. 
 380. Every iownship Council may also make By-laws for Bylaws for 
 preventing the obstruction of streams, creeks ayd water- P"^®"*"'^ 
 
 be guilty of n misdemeanor (note ft to sec. 98) and for sach miede- 
 nicanor be punished by fine or imprisonment or both, in the discretion 
 of the Court. 
 
 (c) The section first relates to the Council of any City or Town, and 
 secondly, to the Council of every Township or Incorporated Village. 
 
 The former (City or Town) may from time to time, pass by-laws: 
 
 1. For dividing the wards into two or more convenient electoral 
 
 divisions. 
 
 2. For establishing polling places therein. , 
 
 3. For appointing IleturnLng Officers therefor. ^, ■. , j - 
 And may from time to time repeal or vary the same. '' 
 
 The latter (Township or Incorporated Village) may by by-law : 
 Divide the Township or Village into two or more dectoral divisions. 
 And may from time to time repeal or vary the same. 
 
 (d) The Legislature here in a few words have enabled, but not 
 required Township Councils, to raise money by rate for the support of 
 the poor resident in the Township. Though the Legidature have 
 given full authority to Township Councils of their own motion to raise 
 a rate for the resident poor, they have left a discretion to be exercised 
 in regard to the necessity of such a rate. In England the 43 Eliz. 
 cap. 2, makes it the duty of Justices to provide for the relief of the 
 poor. The words used in the English act are, " Shall and may make 
 a rate," and then provides for overseers of the poor who have power 
 to call for and administer the necessary funds. We have no such 
 organization in Upper Canada. It is not therefore competent for our 
 Courts to proceed upon the case of any individual applicant, for it 
 does not rest with tL' Courts to dictate to Municipal Conncils, what 
 particular cases of distress call for public relief (per Robinson, C.J., 
 in Jie McJDouffoll and the Corporation of the Toumship of Lobo, 21 U. C 
 Q. K 80 ; S. C, 7 U. C. L. J. 316.) 
 
210 
 
 THE MUNICIPAL MANUAL. 
 
 Draina^i). 
 
 Plans and 
 eiolmatos. 
 
 B/Iaw. 
 
 « 
 
 ohstructioni courscs, by trocs, brushwood, timber or other niutcrials, unil 
 of itroaim, f^^ clearing nway and removing such obstructions at the 
 expense of the offenders or otherwise, and for levying tho 
 amount of fluoh expense in the same manner as taxes nrn 
 levied, and for imposing penalties on parties causing Htich 
 obstructions, ^e) 
 
 Dhainage is TowNsnirs. 
 
 SJ81. In case a majority in number of the resident uwiien 
 of the properly in any part of a township do petition the Cuuiicil 
 for the deepening of any stream, creek or watcr-cour.«o, or fur 
 draining of tho property (describing it), the Council may pro- 
 cure an examination to bo made by a competent engineer, or 
 other competent person, of the stream, creek or water-course 
 proposed to be deepened, or of tho property proposed to l)c 
 drained, and may procure plans and estimates to be made of 
 the work by Buch engineer or person. (/) . » 
 
 J88)l|. If the Counf'I be of opinion that the deepening of 
 such stream, creek or water-course, or the draining of tlio 
 locality described, would greatly benefit the township, the 
 Council may pass a by-law : (ff) 
 
 («) The by-lawfl may be for tho following purposes : 
 
 1. For preventing the obstruction of streams. <tc. 
 
 2. For clearing away and removing such obstructions, at t!ic expense 
 of the guilty parties, or otherwiie. 
 
 3. For bvying the amount of such expense in the same maiinor as 
 tf. ces are leviable. 
 
 4. Vo7 imposing penalties on parties causing such obstructions. 
 ThiMe powers in many respects resemble tho provisions of 10 A 11 
 
 Vic. cap. 20, continued by 22 Vic. cap. 81 ; and see 3 Wra. IV. cap. 28, 
 sec. 1 ; 2 Vic. cap. 16, sees. l&i. 1 Vic. cap. 36 ; and 14 & 15 Vic. 1 2:i. 
 
 (/) The power to act is here made dependent on " a majority in 
 number of the resident dwners of tho property in any ]>art of the 
 township " petitioning the Council for the deepening ot any stream or 
 water-course, or for draining of the property (describing it). Wlien it 
 is the joint interest of parties resident to open a ditch or water-course, 
 for the purpose of letting off surplus water from swamps or low miry 
 lands, in order to enable the owners or occupiers tliereof to cultivate 
 or improve the same, such parties must open a fair proportion of such 
 ditch or water-course, according to their several interests. (Con. Stat. 
 U. C. cap. 67, sec. 7.) All disputes respecting the opening,, making or 
 paying for ditches and water-courses, may be decided by fence-viewers. 
 {Jb. sec. 8.) Councils of counties may purchase wet lands, drain tho 
 same, and afterwards effect sales thereof. (Sec. 345, sub-sees. 5, 6, 7, 8.) 
 
 {g) When a majority in numbers of the resident owners, «fec., petition 
 for the draining, «fec., the Council may procure an examination to bo 
 made by a competent engineer, d;c., and may procure plans and estl 
 
TllK MUNIGIFAL MANUAf,. 
 
 217 
 
 a nil 
 tho 
 tho 
 ar« 
 
 1. For provicling for tho dccpciiins of the strcuni, crcok or luprovifiom 
 wator-courso, or tho druinlnji; of the locality ; (h) 
 
 2. For nssossinf? and levying upon tlie real property to bo AM.i«i<m..iit 
 imiuediatoly benefited by tho deepening or draining, a special ^i" *''«n'"'"'"'' 
 rate, sufRcicnt to include a sinking fund, for tho repayment of 
 Debentures, which such Councils are hereby authorized to 
 
 issue in such cases respectively, to provide funds for such 
 improvements, and for so assessing and levying tho same, by 
 an annual rate in tho dollar on tho real property ^o benelitod, 
 in proportion, as nearly as may be, to tho beneiit derived by 
 such portion ; (i) 
 
 P), For regulating the time or times and manner in which Tim.M.f 
 tho assessment shall bo paid; (j) puj'";- 
 
 4. For ascertaining and determining, through such engineer Aoc-iNiHin^ 
 or person aforesaid, what real property will be immediately {)'3uid. 
 benefited by tho deepening or draining, and tho proportions in 
 
 which tho assessment should bo made on tho various portions 
 of tho land so benefited, and subject in every case to an appeal 
 to tho Council nnd tho County Court Judge, in the same 
 manner and on the same tjrms, as nearly as may be, as in the 
 case of an ordinary assessment ; (k) 
 
 5. But the By-law shall not be valid unless, before the final publication 
 passing thereof, the samo has been published once or oftoner °^ i'ji»w. 
 in every week, for one month, in some newspaper published 
 
 in tho township, or if no newspaper be published therein, then 
 in some newspaper published in the nearest municipality in 
 which a newspaper is published ; (J) 
 
 mates, ttc. (sec. 281) ; and if of opinion that tlio drnininfj would grently 
 benefit the township, may pass a by-law under tho section hero annotated. 
 
 (h) Sec note / to sec. 281. 
 
 (?) Tho principle of ossessing real property in a particular locality 
 immediately benefited by a local improvement, where other parts of 
 tlie municipality ore unaffected by it, is just and reasonable. 
 
 yj) Tho time or times and manner in which the assessment is to be 
 paid, may be regulated by the by-law. No limitation is here made as 
 to either. 
 
 {k) The Council are, through tho engineer, «fec., to ascertain and 
 determine what real property will be immediately benefited, Ac, and 
 tho proportions in which the assessment should be made, <fec. (see 
 In re Michie and the City of Toronto, 11 U. C. C. P. 884), subject to an 
 appeal to tho County Judge, Ac. It is not clear that the appeal is 
 given from the determination as to tho property immediately benefited, 
 but rather, probably, from the proportions in which the assessment 
 should bo made. The point is doubtful, and as ^ at undecided. 
 
 (0 Though publication ia made necessary, no vote of the electors is 
 required. The petition of tho landed proprietors, presented under 
 
218 
 
 THE MUNICIPAL MANUAL. 
 
 ii 
 
 Works 
 pxtenilint; 
 beynnd the 
 townships- 
 
 Not FO ex- 
 liuding, but 
 henofitini; 
 lands i 1 
 another mu- 
 nicipality. 
 
 Charging 
 1,,^ "s so 
 lienefiteu. 
 
 Py what mu- 
 nicipalities 
 expenses 
 nHjiht to be 
 buriiu. 
 
 6. Whenever it is necessary to continue the deepening or 
 drainage aforesaid beyond the limits of any township, the 
 engineer employed by the Corporation of such township may 
 continue the survey and levels through the adjoining munici- 
 pality, until he finds fall enough to carry the water beyond the 
 limits of the township in which the deepening or draining was 
 commenced; (ni) 
 
 7. When a drain does not extend beyond the limit of the 
 municipality in which it is commenced, but, in the opinion of 
 the engineer or other person aforesaid, benefits lands in an 
 adjoining municipality, or greatly improves any road lying 
 within any municipality, or between any two or more munici- 
 palities, then the engineer shall charge the lands to be so 
 benefited, and the Corporation or Corporations whoso road or 
 roads are improved, with such proportion of the cost of the 
 work as he may deem just; and the amount so charged for 
 roads, or agreed upon by the arbitrators, shall be paid out of 
 the general funds of such municipality ; (m) 
 
 8. The engineer, when necessary, shall make plans and 
 specifications of the deepening or drainage to be constructed, 
 and charge the lands to be benefited by the work as provided 
 herein ; (o) 
 
 9. The engineer, or other person aforesaid, shall determine 
 and report to the Council by which he was employed, whether 
 the deepening or drainage shall be constructed and maintained 
 solely at the expense of such township, or whether it shall be 
 constructed and maintained at the expense of both luunicipali- 
 ties, and in what proportion ; (/>) 
 
 sec. 281, is taken as sufficient evidence of the popular wants and 
 popular will. 
 
 (m) Township officers have not, as a rule, any jurisdiction or power 
 beyond the limits of their township. An exception is here created, 
 whenever necessary " to continue the deepening or drainage beyond 
 the limits." This sub-section is new. 
 
 {n) Not only is there power given to the township engineer to deepen 
 .1 drain, or drain beyond the limits of his particular township, but 
 but, when his doing so is a benefit to the adjoining niunicij)iility, the 
 duty is thrown upon that municipality to pay such a proportion of the 
 cost of the work as the engineer may deeiii just ; and it is provided 
 that the amount so charged " shall be paid out of the general funds of 
 such municipality." The provision is a new one. 
 
 (o) The powers of the engineer arc extensive, and among others "to 
 charge the lands to be benefited by the work, as provided herein." 
 
 (y>) The engineer, under the operation of sub-section 1, niny charge 
 an adjoining municipality with such proportion of "the cost of the 
 work " as he may deem just. But tlie work, when constructed, must 
 
THE 3TUNICIPAL MANUAL. 
 
 219 
 
 the 
 
 ID an 
 lying 
 
 n 
 
 10. The Corporation of the township in which the deepen- 
 ing or drainage is to be commeDced, shall serve the head of 
 the Corporation of the municipality into which the same is to 
 be continued, or whose lands or roads are to be benefited, with- 
 out the deepening or drainage being continued, with a copy 
 of the report, plans and specitications of the engineer, when 
 necessary, so far as they affect such last mentioned munici- 
 pality, and unless the same is appealed from, as hereinafter 
 provided, it shall (^) be binding on the Corporation of such 
 municipality ; 
 
 11. The Corporation of such last mentioned municipality 
 shall, within four months from the delivery to the head of the 
 Corporation of the engineer's report, as provided in the next 
 preceding sub-section, pass a by-law, in the same manner as 
 if a majority of the resident owners of the lands taxed had 
 petitioned, as provided in the two hundred and eighty-first 
 section of this Act, to raise such sum as may be named in the 
 engineer's report, or, in ease of an appeal, for such sura as 
 may be determined by the arbitrators; (r) 
 
 12. The Council of the municipality into which the deep- 
 ening or drainage is to be continued, or whose lands, road or 
 roads are to be benefited without the deepening or drainage 
 being carried within its limits, may, within thirty days from 
 the day on which they receive the report, appeal therefrom, in 
 which case they shall serve the head of the Corporation from 
 which they received tlie report, with a notice of appeal ; such 
 notice shall state the grounds of appeal, the name of an engineer 
 as their arbitrator, alwiiys the place, day and hour of meeting 
 of the arbitrators; provided always, that not less than twenty 
 days' notice of such meeting shall be given ; (s) 
 
 be ninintninod, and this sub-section enables him to direct " whether or 
 not it shall be * * maintained at the expense of both municipalities, 
 and in ,vhat proportion." This sub-section, like the three preceding 
 sul)-sections, is new. 
 
 (q) Tlie Corporation, upon whom the copy of report, plans and spe- 
 cificatinns are served, must, within thirty days, appeal, as provided in 
 subsection 1 2 of this section, or else will bo fixed with the decision of 
 the engineer. 
 
 (>•) See sec. 281, and notes thereto. 
 
 (sy A time is limited within which the appeal, to be effectual, must 
 be made, i. e., " within thirty days from the day on which they receive 
 tlie rojiort ; " and further, to make the appeal effectual, there must not 
 be loss than " twenty days' notice," showing ; 
 
 1. The grounds of appeal. 
 
 2. Tiie name of the engineer as an arbitrator, 
 
 3. Tlie place, day and hour o^ meeting of the arbitrators. 
 
 Not ice by the 
 inunidpality 
 in which the 
 work is 
 commenced 
 to the other. 
 
 Duty of 
 Buch other 
 municipality 
 
 Appeal 
 allowed tj 
 sufli other 
 uiuuicipality 
 
 Notice. 
 
 Arbitrator 
 Proviso. 
 
220 
 
 THE MUNICIPAL MANUAL. 
 
 in. The Curporation on which such notice is served shall, 
 within fifteen days -froiu the day on which the notice was 
 served upon thein, appoint an engineer to be arbitrator on their 
 behalf; and in case of default the arbitrator shall, within ton 
 dfiys, be named by the Judge of the County Court of the county 
 in which such municipality making default is situate; (t) 
 
 14. The arbitrators so appointed shall meet on the day and 
 at the place appointed, or on such other day, not later th:in 
 thirty days thereafter, as they themselves may agree upon. 
 
 15. The arbitrators shall choose a third arbitrator, and shall 
 then hear and determine the matter in dispute, and make their 
 award iu triplicate, which shall be binding on all parties, and 
 one copy thereof shall be filed with the Clerk of each of the 
 municipalities interested, and one shall be filed with the 
 Registrar of deeds for the county in which either of the town- 
 ships is situate; ((«) 
 
 10. After such deepening or drainage is fully made and 
 con)pleteJ, it shall be the duty of each municipality to preserve, 
 maintain and keep the same within its own limits ; and any 
 such municipality neglecting or refusing so to do, upon reason- 
 able notice in writing being given by any party interested 
 therein, shall be liable to an indictment for such neglect or 
 refusal, as well as to pecuniary damages to any person who, or 
 whose property, shall be injuriously aJocted thereby- {v) 
 
 Inspectors ok AVeights and Measures. 
 
 c^fweSr^ 983. The Council of every County, City and Town may 
 ana iiiea- pass JJy-laws : («) 
 
 f.nxs; their i -^i . . - , • i ^. 
 
 lowtrs. 1. bar appointing Inspectors to regulate weights {/>) 
 
 Arbitr.itor 
 (in part of 
 Corporation 
 appi'rtleJ 
 
 aL:'!tiD«t. 
 
 M-ttiiii: of 
 arliitrators. 
 
 Tbir'l 
 nrliitrntor ; 
 hesrinu and 
 ;iwaril, 
 ivpiL's to be 
 
 fiii^a. A.'. 
 
 Diitif^sofniu- 
 iiitipnlitii'S 
 after till! 
 >'.r;iinaj:o is 
 is CLiiipleteJ. 
 
 (t) Tlio dissatisfied Municipal Corporation first appoints its arbitra- 
 tor; tlien tlio opposing Municipal Corporation must, witliin liftuL-n 
 days, appoint an cnLjineer as its arbitrator. 
 
 ('/) It is intended that the third arbifrator sliiill be appointed befi.ire 
 any of the arbitrators act on tlie referenee. 
 
 (y) See note n to this section. 
 
 (a) The preceding sections (sees. 2^*0, '2S1, 28-2) apply to Townsliip 
 Councils only ; the section here annotated to tl)0 Council of " every 
 county, city and town." 
 
 (A I The power to appoint Inspectors of Weights and Measures was 
 at first vested in the magistrates in quarter sessions. (4 (Jeo. IV. cap. 
 16, sec. 6, 1 sess.) The Legislature afterwards assumed that llii']iower 
 was tra.isfer.-ed to Municipal Councils (12 Vic. cop. 8.5, sec. 12), but 
 in 18.55 r(moved all doubt on the point by passing nn act exj)ressly 
 giving the power to each county and city. (18 Vic. cap. lo"), sec. 1.) 
 IJy the act here annotated, the power is in addition conferred upon 
 the Councils of towns. 
 
TIIK MUNICIPAL MANUAL. 
 
 221 
 
 ¥ 
 
 and measures, according to the lawful standard; (c) 
 
 2. For visiting all places wherein weights and measures, 
 
 steelyards or weighing machines of any description are used; (d) 
 
 0. For seizing and destroying such as are not according to 
 the standard ; (e) 
 
 4. For imposing and collecting penalties upon persons who 
 are found in possession of unstamped or unjust weights, mea- 
 sures, steelyards or other weighing machines; (/) 
 
 PUDLIC MonALs. 
 
 2S4. The Council of every Cuunty, City and Town may !?>• iiws 
 
 also ptiss liy-laws : purposes. 
 
 1 . For preventing the sale or gift of intoxicating drink to a GUms atick 
 child, apprentice or servant, without the consent of a parent, tricbiidun, 
 master or legal protector; (y) 
 
 (<•) In 182S, the Legislature set apart the sum of £75 towards pur- 
 chusin^ a complete sot of weights and measures for Upper Canada, 
 according to the standard of the Exchequer in England (4 Geo. IV. 
 cap. ](), sec. 2, 1 scss.), which standard was directed to remain in the 
 custody of the Secretary of the Province. (lb.) Upon the application 
 of the mngistrates in quarter sessions assembled in any district, the 
 Secretary, at the cost of the district, was bound to furnish to the dis- 
 trict a true standard of weights and measures {lb, sec. 3 ; these to be 
 deposited with District Inspectors, (lb. sec. 4.) Provision was after- 
 wards made, allowing the municipality of any city, town or incorpo- 
 rated village appointing an Inspector of Weights and Measures, to 
 luljust weights and measures for thq,use of such city, town or incorpo- 
 rated village, by the standard weights and measures in the possession . 
 of the District or County Inspector. (12 Vic. cap. 85, sec. 12.) Incor- 
 poratcd villages arc no longer in terms empowered to do so; fee the 
 section here annotated applies only to "counties, cities and towns." 
 
 ((/) It is necessary that weights and measures should be "according 
 to the lawful standard," and in aid of this enactment power is given 
 f.ir visiting " all places where weights and measures of any descrip- 
 tion are used." 
 
 (c) The power to visit places where weights and measure.?, <fec., are 
 used, would be of httle value as a preventive measure, were it not for 
 the subsection here annotated, for " seizing and destroying such as are 
 not according to the standard." 
 
 (/) Powers such as the foregoing were at one time directly given 
 to Inspectors (4 Geo. IV. cap. 10 ; 3 Vic. cap. 17) ; they are now trans- 
 ferred to the Council of " every county, city and town, to bo exercised 
 " by by-law." 
 
 ( (/) Tiie by-law may be passed to prevent the sale or gift of intoxi- 
 cating drink to the classes mentioned, unless under the circumstances 
 directed, that is, to a child, apprentice or servant, with the consent of 
 the parent, master or legal protector, and not otherwise. As to the 
 general power to regulate, limit or prohibit the sale of spiritous liquors 
 to people generally, see sec. 240. 
 
 I 
 

 000 
 
 Inilecent 
 placarJfl, Ac. 
 
 Drunken- 
 ness, &c. 
 
 Lewdness. 
 
 Fiacing. 
 Exhibitions," 
 
 THE MUNICIPAL MANUAL. 
 
 2. For preventing the posting of indecent placards, writings 
 or pictures, or the writing of indecent words, or the making 
 of indecent pictures or drawings, on walls or fences in streets 
 or public places ; (Ji) 
 
 3. For preventing vice, drunkenness, profane swearing, 
 obscene, blasphemous or grossly insulting language, and other 
 immorality and indecency in streets, highways or public 
 places J (t) 
 
 4. For suppressing disorderly houses and houses of ill- 
 fame ; (./) 
 
 5. For preventing horse-racing; (Ji) 
 
 6. For preventing or regulating and licensing exhibitions 
 held or kept for hire or profit, bowling alleys, and other places 
 of amusement; (J) 
 
 (/() The things wliich may be prevented by by-law, under this sub- 
 section are the following : 
 
 1. The posting of indecent placards, writings or pictures. 
 
 2. The writing of indecent words. 
 
 3. The making of indecent pictures or drawings. 
 
 A thing may be said to be "indecent" when offensive to modesty 
 or delicacy. 
 
 (j) The offences here enumerated are classed "iminornlity .ind 
 inclecenc}'." The power is to pass a by-law to prevent vice, drunken- 
 ness. <tc., and other immorality and indecency in streets, hlnliways or 
 public places. Immorality or indecency in this sense may be defined 
 AS something unbecoming — not fit to be seen or heard — anj' action or 
 behaviour wljich is deemed a violation of modesty, or an ofFeuce to 
 delicacy, as wanton actions, obscene language, and generally wliatever 
 shocks or tends to excite a blush in a spectator. 
 
 ij) It is clearly agreed that keeping a bawdy house is a common 
 nuisance, as it endangers the public peace by drawing together disso- 
 lute and debauched persons. As such, it is indictable. (1 Russell on 
 Crimes, 322.) 
 
 (^-) The power is to prevent horse-racing. The former act was to 
 " prevent or regulate." Horse-racing is not under all circumstances 
 illegal. (Oliphant on Horses, 283.) No person is, however, permitted 
 by the law to run a horse at a race unless it is his own, nor to 
 enter more than one horse for the same " plate," upon pain of for- 
 feiting tiie horses. (13 Geo. II. cap. 19.) No party can recover a 
 wager on a horse race that is illegal within the statute. (Sheldon v. 
 Law, 3 U. C. 0. S. 85.) The proprietor of a race-course is not respon- 
 sible for the " purse," unless upon clear proof of an express under- 
 standing to that effect. {Gates v. Tinning, 3 U. C. Q. B. 29.5.) Nor 
 hps the winner a right to recover back his " entrance money," because 
 the purse has not been paid over to him. (lb.) 
 
 {I) Townships and incorporated villages have power to pass by-laws 
 to prevent or regula«^^e circue-riding and other shows (sec. 209, sub- 
 sec. 11), though not cipowerod to pass by-laws under tlie clause here 
 Annotated. 
 
 
THE MUNICIPAL MANUAL. 
 
 223 
 
 writings 
 making 
 3 streets 
 
 wearing, 
 ad other 
 p public 
 
 i of in- 
 
 hibitions 
 cr places 
 
 r this sub- 
 
 motlosty 
 
 rnlity ami 
 >, dninkcn- 
 irliways or 
 be dt'iineil 
 f action or 
 oircuee to 
 y wliatevcr 
 
 , a common 
 
 3thcr disso- 
 
 lliissell oil 
 
 act was to 
 cumstuiices 
 ', permitted 
 iwn, nor to 
 )ain of for- 
 a recover a 
 
 {Sheldon V. 
 
 not respon- 
 ress uuder- 
 
 295.) Nor 
 •y," because 
 
 jass by-laws 
 ec. 20)1), sub- 
 
 1 clause here 
 
 Indecent 
 oxposure. 
 
 7. For suppressing gambling houses, and for seizing and oaming. 
 destroying faro-banks, rouge et noir, roulette tables, and other 
 devices for gambling found therein ; (m) 
 
 8. For restraining and punishing vagrants, mendicants and Vagrants, 
 persons found drunk or disorderly in any street, highway or 
 public place; (n) 
 
 9. For preventing indecent public exposure, of the person, 
 and other indecent exhibitions j (o) 
 
 10. For preventing or regulating the bathing or washing Bathing, 
 the person in any public water, near a public highway; (p) 
 
 PROVISIONS APPLICABLE TO COUNTIES, CITIES AND 
 TOWNS SEPARATED FROM COUNTIES. 
 
 S85. The following sections, numbered from two hundred Extent of 
 and eighty-six to two hundred and eighty-eight, both inclusive, *e<:»on to— 
 shall apply to the following Municipalities : (q) 
 
 1. Counties; 
 
 2. Cities; 
 
 3. Towns separated from Counties. 
 
 (m) All common gaming houses are nuisances in the eye of the law, 
 being detrimental to the public, as they promote cheating and other 
 corrupt practices, and entice numbers of persons to idleness, whose 
 time might be otherwise employed for the good of the community, 
 (lllawke, P. C. cap. 75, sec. 6.) 
 
 (n) The ancient statutes contain very severe regulations as to 
 vagrants. (22 Hen. VIIL cap. 12 ; 27 Hen. VIII. cap. 25 ; 1 Edw. VI. 
 cap. 3 ; 3 & 4 Edw. VI. cap. 16; 14 Eliz. cap. 5; 18 Eliz. cap. 3 ; 35 
 Eliz. cap. 7 ; 13 «fe 14 Car. 2, cap. 12, sec. 23 ; 12 Anne, et. 2, cap. 23 ; 
 13 Geo. II. cap. 24 ; 17 Geo. II. cap. 6.) The last mentioned act (17 
 Geo. II. cap. 5) divides vagrants into three classes: first, idle and dis- 
 orderly persons ; second, rogues and vagabonds ; and, third, incorrigi- 
 ble rogues. 
 
 (o) In general, all open lewdness, grossly scandalous, is punishable 
 by the common law ; and it appears to be an established principle, 
 that whatever openly outrages decency, and is injurious to public 
 morals, is a misdemeanor. (1 Bussell on Crimes, 326.) 
 
 (p) It has been held an indictable offence for a man to undress 
 himself on the beach and to bathe in the sea near inhabited houses, 
 from which he might have been distinctly seen, although the houses 
 had been recently erected, and until their erection it had been usual 
 for men to bathe In greater numbers at the place in question. ( 2'hc 
 King v. Crunden, 2 Camp. 89.) The judge ruled, that whatever place 
 becomes the abode of civilized men, there the laws of decency must be 
 enforced, (lb.) 
 
 {q) See note / to sec. 245. 
 

 
 1;' 
 
 i521 
 
 By-laws for 
 reguliitiog — 
 
 Appointing 
 Kii|<iueers 
 and luppcc- 
 tors. 
 
 Auiiiiuetrs. 
 
 Hawkers 
 ami poiltTS. 
 
 liiri^nseF for. 
 
 Fi'rrip , with 
 asi^i'tit of 
 (iiivfiiuiriii- 
 •.'uuii.il. 
 
 THE MUNICIPAL MANUAL. 
 
 S86. The Council of every County, City and Town sepa- 
 rated from the' County for Municipal purposes, may respec- 
 tively pass By-laws for the following purposes : 
 
 Engineers — Inspectors. 
 
 1. For appointing, in addition to other oiBccrs, one or more 
 Engineers, and also one or more Inspectors of the House of 
 Industry, also one or more Surgeons of the Gaol and other 
 institutions under the charge of the Municipality, and for the 
 removal of such officers j (>•) , 
 
 AUCT[0NKE11S. 
 
 2. For licensing, regulating and governing Auctioneers and 
 other persons selling or putting up for sale goods, wares, 
 luerclumclise or effects by public auction; and for fi.xing the 
 sum to be paid for every such license, and the time it shall be 
 in force, (.s) 
 
 II.UVKEttS AND PeDLEUS. 
 
 ?>. For licensing, regulating and governing hawkers or p^tty 
 chapmen, and other persons carrying on petty trades, who 
 have not become householders or permanent residents in t!ic 
 county or city, or who go from place to placc^ or to other men's 
 iiouses, on foot, or with any animal bearing or drawing any 
 goods, wares or merchandise for sale, or in or with any bout, 
 vessel or other craft, or otherwise, carrying goods, wares or 
 merchandise for sale, and for 6xing the sum to be paid for a 
 license for exercising such calling within the county or city, 
 and the time the license shall be in force ; and for providing 
 the Township Clerks with licenses in this and the preceding 
 section mentioned, for sale to parties applying for the same in 
 the township under such regulations as may be prescribed in 
 such By-law ; (<) 
 
 Fkrries. 
 
 4. Fur regulating Ferries between any two places in the 
 Municipality; and establishing the rates of ferriage to bo 
 
 (r) Tlio officers whoso appointment is autliorizetl arc : 
 
 1. Engineers. 
 
 2. Inspectors of Iiouses of Industry. 
 
 3. Surgeons of Gaols. 
 
 (.s) From the earliest times, a duty as n source of revenue has been 
 placed on auctioneers. The license is generally an annual one. 
 
 (() In England, statutes were passed at an early period for the regu- 
 lation of hawkers, pedlers, and petty chapmen (8 «fe 9 Wm. III. cap. 25 ; 
 9 it 10 Wm. III. cap. 25 ; 29 Geo. III. cap. 2G) ; and iu Upper Canada 
 as early as ISIG. (5G Geo. III. cap. 34.) 
 
 I 
 
THE MUNICIPAL MANUAL. 
 
 225 
 
 n sepa- 
 respcc- 
 
 or more 
 [ousc of 
 J other 
 . for the 
 
 cevs and 
 
 !, waves, 
 
 iing the 
 
 shall be 
 
 5 or pHtty 
 los, who 
 its in t!ic 
 icr 111011':^ 
 wing any 
 anv boat, 
 wares or 
 paid for a 
 y or city, 
 providing 
 preceding 
 game in 
 scribed in 
 
 'cs in the 
 afre to bo 
 
 ue has been 
 . one. 
 
 For the regu- 
 IIl. cap. 2.5 ; 
 ppcr Canada 
 
 I 
 
 
 taken thereon; but no such Bylaw as to ferries shall have 
 effect until assented to by the Governor-in-Council. (u) 
 
 SH7. Until the Council of the County or City pass a By- 
 law regulating such Ferries, and in the cases of Ferries not 
 betwc' n two places in the same Municipality, the Governor 
 by Order in Council may from time to time regulate such fer- 
 ries respectively and establish the rates to be taken thereon, 
 in accordance with the Statutes in force relating to Ferries, (a) 
 
 288. The Council of every County, City and Town sepa- 
 rated from the County for Municipal purposes, may pass By- 
 laws for the following purposes : 
 
 Lands for Grammar Schools. 
 
 1. For obtaining in such part of the county, or of any city 
 or town separated within the County, as the wants of the 
 people may most require, the real property requisite for erect- 
 ing County Grammar School-houses thereon, and for other 
 Grammar School purposes, and for preserving, improving and 
 repairing such School-houses, and for disposing of such pro- 
 perty when no longer required ; (A) 
 
 Aiding Grammar Schools. 
 
 2. For making provisions in aid of such Grammar Schools 
 as may be deemed expedient ; (c) 
 
 (m) Ferries. — See sec. 221, and notes thereto. 
 
 (a) Sec see. 221 and notes thereto. 
 
 [b) In 1807, an appropriation was made by tlie Legislatnre for the 
 snpport of a public school " in each and every district " of Upper 
 Canada, to be kept in places named. {47 Geo. 3, cap. G.) This act 
 was repealed, in 1853, by an act intituled " An Act to amend the law 
 relatinji; to Grammar Schools." (16 Vic. cap. 180, sec. IT.) The latter 
 cnocted that the Grammar Schools then existing should be continued 
 at tlie places where they were respectively held, but authorized the 
 Board of Trustees of each such school to change the places. (76. sec. 
 15.) As to Grammar Schools established after 14th June, 1853, the 
 places may be changed by the County Council of the County within 
 which the school is established. (Ih.) The Trustees are also author- 
 ized in certain cases to surrender to the Crown lands unsuitable for 
 school. sites, with a view to other sites. (18 Vic. cap. 121.) The 
 Legislature, in 1858, made a grant for the establishment of a model 
 grammar school. (18 Vic. cap. 132.) 
 
 (r) The Council of each County, City, Township, Town, or Incorpor- 
 ated Village is authorized by Con. Stat. U.C. cap. 63, sec. 10, from time 
 to time to Icvj' and collect, by assessment, such sum or sums of money 
 as it niaj' deem expedient to purchase the site or sites, or to rent, build, 
 repair, furnish, warm and keep in order a grammar school house or 
 houses, for providing the salary of the teacher or teachers, and all 
 other necessary expenses of such county grammar school or schools. 
 (Sec. 16.) 
 
 15 
 
 When there 
 is no by-law. 
 
 By-laws may 
 be made by 
 Cities and 
 Counties for 
 
 Purchase of 
 lands for 
 Grammar 
 Schools. 
 
 Aiding such 
 school. 
 
220 
 
 KrHmniar 
 hvhool pupils 
 t'i>mpettii({ 
 for Univer- 
 sity priZHH. 
 
 Attfliidnnco 
 »t Oramuwr 
 
 .^'ohools. 
 
 I'.ndowinp; 
 Fellowrftiips. 
 
 KxttMit of 
 
 certaiQ 
 sectioua to — 
 
 KnalOingono 
 i>f United 
 Counties to 
 raise monoy 
 for iiuprovu- 
 uieiitH, 
 
 THE MUNICIPAL MANUAL. 
 
 PlTIL8 COMPKTING for UxiVEnsiTV PltlZKS. 
 
 3. For making a permanent provision for deimyitig the ex- 
 pense of the attendance at the University of Tuiuiitd, and at 
 the Upper Canada College and Iloyal Graminju- Sclmol dioic, 
 of such of the pupils of the Public Grammar k^oiioois of the 
 county as are unable to incur the expense, but arc desirous of, 
 and in the opinion of the respective Masters of such Gniminar 
 .Schools, possess competent attainments for competing for any 
 t^oholarship, Exhibition or other similar Prize, offei-ed by sucli 
 University or College ; (</) 
 
 4. For making similar provision for the attendaneo at any 
 County Grammar School, for like purposes of Puiiils of Cdiii- 
 mon Schools of the County j (c) 
 
 Endowing Fellowships. 
 
 5. For endowing such Fellowships, Scholarships or Exhibi- 
 tions, and other similar Prizes, in the University of Toronto, 
 and in the Upper Canada College and Royal Grammar School 
 there, for competition among the Pupils of the Public Grammar 
 Schools of the County, as the Council deems expedient for the 
 encouragenient of learning amongst the youth thereof (/) 
 
 PROVISIONS APPLICABLE TO COUNTIES ONLY. 
 
 980. The lullowing sections, numbered from two hundred 
 and ninety to two hundred and ninety-four, apply to Counties 
 only- ( ii) 
 
 Separate Improvements by United Counties. 
 
 S90- The Councils of United Counties may make appro- 
 priations and raise funds, to enable either county separately to 
 carry on such improvements as may be required by the inhabi- 
 tants thereof (A) 
 
 [d) The provision to be made may be a permanent one. But it 
 must not be for attendance at any otiicr institution tlian that of the 
 University of Toronto and Upper Canada College and Royal Grammar 
 School. 
 
 (e) None are entitled to receive the benefit of the provision unless 
 those who are themselves unable to incur the expense. 
 
 (/) Fellowships, Scholarships, or Exhibitions, endowed under this 
 clause, are to be for competition among the pupils of the public 
 Grammar Schools of the County. 
 
 ((/) Sec note /to sec. 245. 
 
 (7t) Such appropriations, »fec., to be subject to all formalities and 
 regulations or appropriations made for the use of the United Counties 
 (Sec. 292.) 
 
THE MLNICIPAL MANUAL. 
 
 227 
 
 SOl- Whenever any sucli measure is brought under the RMveiiortbe 
 vintice of the Council of any United Counties, none but the f^rest'/d'oniy 
 llccvcs and Deputy Reeves of the County to be affected by the to vote for. 
 TncQsure shall vote ; except in case of an equality of votes, Exception 
 when the Warden, vrhether a Reeve or Deputy Reeve of any 
 portion of the County to be affected by the measure or not, 
 shall have the casting vote, (i) 
 
 fB9*3 In all other respects, all the provisions of this Act ProvWons 
 giving such privileges and making provision for the payment fJrrepay.**' 
 of the amounts appropriated, whether to be borrowed upon a mentto 
 loan or to be raised by direct taxation, shall be adhered "''''^" 
 
 to. (,/) 
 
 393. The Treasurer of the United Counties shall pay over 
 all sums so raised and paid into his hands by the several Col- 
 lectors, without any deduction or percentage, (^k) 
 
 394. The property to be assessed for the purposes contem- in such cases 
 plated in the four last preceding sections of this Act, shall be *rl''n'*'«^ 
 the .same as the property assessed for any other county purpose, intere8ted°ig 
 except that any sum to be raised for the purposes of one county ^wwied.^* 
 only, or for the payment of any debt contracted for the pur- 
 poses of one county only, shall be assessed and levied solely 
 
 "upon property assessed in that county, and not upon property 
 in any other county united with it, and any debenture that 
 may bo issued for such purposes may be issued as the deben- 
 ture of the said one county only, and shall be as valid and 
 binding upon that ccunty as if that county were a separate 
 Municipality, but such debenture shall be under the seal of 
 the United Counties, and be signed by the Warden thereof (I) 
 
 Trosarer to 
 pay over 
 moneys, 
 without <te- 
 ductioD. 
 
 (I) The improvements must be swch as are required by the inhabi- 
 tants of one of tlie United Counties. The desire for them may be 
 53ioiiifi(;d to the Council of the United Counties, by the Reeves, tfec, of 
 tho County to bo afFcctcd When brought before the notice of tlie 
 i 'ouncil, composed as it will be of Reeves and Deputy Reeves of the 
 United Counties, none except the Reeves and Deputy Reeves of the 
 <J()unty to be affected by the measure are to vote. Provision is also 
 made lor the casting vote of tlie Warden, whether a Reeve from such 
 count}- or not. 
 
 (j ) See sec. 225 et seq. 
 
 {/c) It is not said to whom the Treasurer is " to pay over ;" but it 
 is apprehended only to persons directly entitled to receive, such as 
 contractors, <fec., for work done. 
 
 {I) This is for the purposes intended, to efTect as it were a separation 
 vro tanto of United Counties without severing the Union. 
 
228 
 
 THE MUNICIPAL MANUAL, 
 
 Kxtcnt of 
 lectlon 205. 
 
 Bylaws may 
 be made — 
 
 For the 
 cleanlineRg 
 of Wharves, 
 docks, &e. 
 
 For removal 
 of door steps, 
 Ac. 
 
 Wharves, 
 docks, &c. 
 
 For regulat- 
 ing harbours 
 &c. 
 
 PROVISIONS APPLICABLE TO CITIES, TOWNS AND 
 INCORPORATED VILLAGES. 
 
 99Si. The following section applies to the following Muni- 
 cipalities : (m) 
 
 1. Cities, 
 
 2. Towns, and 
 
 8. Incorporated Villages. 
 
 S90 The Council of every City, Town and Incorporated 
 Village ()i) may respectively pass By-laws (o) for the following 
 purposes : 
 
 Harbours, Docks, Ac. 
 
 1. For regulating or preventing the encumbering, injuring 
 or fouling, by animals, vehicles, vessels or other means, of any 
 public wharf, dock, slip, drain, sewer, shore, bay, harbour, 
 river or water (jd) 
 
 2. For directing the removal of door steps, porches, railings, 
 or other erections, or obstructions projecting into or over any 
 wharf, dock, slip, drain, sewer, bay, harbour, river or water or 
 the banks or shores thereof, at the expense of the proprietor 
 or occupant of the property connected with which such pro- 
 jections are found ; (</) 
 
 3. For making, opening, preserving, altering, improving 
 and maintaining public wharves, docks, slips, shores, bays, 
 harbours, rivers or waters and the banks thereof; (r) 
 
 4. For regulating harbours ; for preventing the filling up 
 or encumbering thereof; for erecting and maintaining the 
 necessary beacons, and for erecting and renting wharves, 
 piers and docks therein and also floating elevators, derricks. 
 
 (m) See note / to sec. 245, 
 
 (?i) Counties are not named, and of course are not empowered to 
 pass by-laws for the purposes mentioned. 
 
 (o) By-laws. — See note I to sec, 190, 
 
 ( p) The clause is restricted to public wharves, docks, <fec. Private 
 wharves, Ac., owned by private companies, are in such matters 
 generally regulated by the owners. In 1853, an act was passed which 
 provides for the formation of companies for the construction of piers, 
 wharves, dry-docks, Ac. (16 Vic. cap. 124 ; Con, Stats. U. C. cap. 50.) 
 
 {(]) The power is to do more than to cause the projections to be 
 removed ; for it is to direct the removal " at the expense of the pro- 
 prietor or occupant of the property connected with which such 
 projections are found." 
 
 ()•) Here, as above, the power is restricted to public wharves, Ac, 
 
THE MUNICIPAL MANUAL. 
 
 229 
 
 cranes and other machinery suitable for loading, discharging 
 or repairing vessels; for regulating the vessels, crafts and 
 rafts arriving in any harbour ; and for imposing and collecting 
 such reasonable harbour dues thereon as may serve to keep 
 the harbour in good order, and to pay a Harbour Master j (s) 
 
 WATKa, 
 
 5. For establishing, protecting and regulating public wells, j^"' J^^ppJ?" 
 reservoirs and other conveniences for the supply of water, and 40. 
 
 for making reasonable charges for the use thereof; and for 
 preventing the wasting and fouling of public water; {t) 
 
 Markets. 
 
 6. For establishing markets ; («) Matketn. 
 
 7. For regulating all markets established and to be estab- Forrpguiat- 
 lishcd ; the places however already established as markets in '°'' •""'''*♦■• 
 such Municipality, shall continue to be markets, and shall 
 
 shall retain all the privileges thereof until otherwise directed 
 by competent authority ; and all market reservations or ap- 
 propriations heretofore made in any such Municipality, shall oia markets 
 continue to be vested in the Corporation thereof; («) 
 
 COD tinned. 
 
 (s) This sub-section only authorizes the imposition of reasonable 
 rates on vessels and other craft, for the purpose of cleaning and re- 
 pairing harbours and paying a harbour-master, and does not sanction 
 the levying of such duties for the revenue purposes of the Munici- 
 pality to which the harbour belongs. {Jn re Campbell and the Cor- 
 poratim of the City of Kingston, 14 U. C. C. P. 285.) There is a 
 <;enerrtl act for the formation of companies for the construction of 
 harbours (Con. Stats. U. C. cap. 50.) The horbour of Toronto is 
 under the control of commissioners. (13 & 14 Vic. cap. 80.) 
 
 (<) So here it may be said that the sub-section only authorizes the 
 making of reasonable charges for th.^ use of water, and does not 
 sanction the making of such charge i for the purposes of revenue. 
 There is also a general act providing iw ilie formation of incorporated 
 Joint Stock Companies for supplying cities, towns, and villages with 
 water. (Con. Stats. Can. cap. 65.) 
 
 (m) Tlio establishment of public marts or places of buying and selling, 
 such as markets and fairs, with the tolls thereunto belonging, la 
 enumerated by Blackstone as one of the Royal prerogatives. In 
 Upper Canada it is frequently exercised as to fairs. 
 
 (v) The power is to regulate all markets established, apparently in- 
 cluding those established by the Crown as well as those established 
 by Municipal authority. Regulation must of necessity include the 
 appropriation of one or more parts of the market for one purpose 
 and other part or parts for other purposes; of providing that free 
 passage tlirough the market be kept open for ready access to shops, 
 stalls, or other places where diflferent commodities are exposed for 
 Side. (Per Draper, C. J., in Kelly and the Corporation of the City of 
 Toronto, 23 U. C. Q. B. 426.) 
 
330 
 
 THE MUNICIPAL MANl 
 
 lleSulatdiK 
 vondlng iu 
 stro«tH. 
 
 VeiuUiij; ia 
 open air. 
 
 8ii\a of 
 
 Butcher's 
 
 meat. 
 
 Preventiiiif 
 forentalliiig. 
 
 Ifcgiilatlng 
 U uckstcrg. 
 
 Measui'lai;. 
 Weighing, 
 
 8. For preventing or regulatinf;; the sale by retail in tlio 
 publio streets, of any meat, vegotublcs, fruit or boverajrcs ;()«) 
 
 9. For preventing or regulating the buying and selling oi' 
 articles or animals exposed for sale or uiarkctcd ;(.'.) 
 
 10. For regulating the place and manner of selling luid 
 weighing butcher's meat, fish, bay, straw, fodder, wood, and 
 lumber ; (i/) 
 
 11. For preventing the forestalling, regrating or tnoiwijMily 
 of market grains, meats, fish, fruits, roots, vegetabk's, poultry 
 and dairy products ; (^) 
 
 12. For preventing and regulating the purchase of siicU 
 things by hucksters or runnnera living within the -Munitji- 
 pnlity, or within one mile from the outr "mits thereof; (a) 
 
 13. For regulating the mode of me; t; or weigliing (ns 
 the cafic may be) of lime, shingles, laths, cordwood, coal and 
 other fuel ; (i) 
 
 (w) A by-law enacting " that no butcher or other person shall cut 
 up or expose for Bale auy fresh meat in any part of the city except iu 
 the shops and stalls in the public markets, or at such places as tiie 
 Standing Committee on Public Markets may appoint," was held good. 
 (lb.) But a by-law enacting " that no person should expose for sale 
 any meat, fish, poultry, eggs, butter, cheese, grain, haj', straw, cord- 
 wood, shingles, lumber, flour, wool, meal, vegetables, or fruit (except 
 wild fruit), hides or skins, within the town, at any place but the 
 public market, without having first paid the market-fee thereon as 
 therein provided, except all hides and skins from animals flauglitered 
 by the licensed butcher of the Corporation holding a stall in the 
 market," was held bad. {In re Fcnnell and the Corpornlion of (he 
 Town of Quelph, 24 U. C. Q. B. 238.) Also, " that meat, fish, pimllri/, 
 eggs, cheese, grain, hay, straw, cordwood, shingles, lumber, /our, wuol, 
 meal, vegetables or fruit (except wild fruit), should not be exposed for 
 sale within the Municipality except in the market, before 12 o'clock, 
 noon," was held bad as to the articles mentioned in italics. (//>.) 
 
 (x) See preceding note. 
 
 (y) See same. 
 
 (2) A bj--law, " That before 10 a.m. during May, June, .July and 
 August no huckster, butcher, dealer, trader, runner, agent or retailer, 
 or any other person purchasing for export or to sell again, should 
 buj', bargain for, engage, or offer to buy any article of iiousehold 
 consnmptinn brought to the market, excepting pork, grain, flour, meal 
 or wool," was, except to hucksters and rvmners, held bad. {In re 
 Fenvell and the Corporation 0/ the Tom of Guclph, 21 U. C. (i. B. '2:!8.) 
 
 (a) See note z. 
 
 (6) The power to regulate the mode of weighing or measuring 
 articles specified (as the case maybe), lime, shingles, latlis, cordwood, 
 coal and other fuel, would perhaps, if there were nothing more, exclude 
 the idea of power to regulate the mode of weighing or selling articles 
 
TIIK MUNICIPAT- MANCAL. 
 
 2ni 
 
 iUid 
 :iihI 
 
 II. Fur imposing penalties for light weight or short count 
 or short iiK'tisuremcnt in anythin<:; marketed ; {<■) 
 
 15. T' r rt'guluting all vehicles, vessels and other things 
 in wliii;!. anything is exposed for sale or marketed, and tor 
 iuijiusing r. usonablo duty thcruon, and establishing the mode 
 in wliieh it shall be paid ; ('/) 
 
 IG. For regulating the assize of bread, and preventing the 
 use of deltitcriuUH materials in making broad ; and for pro- 
 viding for the seizure and I'orfciture of bread made contrary 
 to the Hy-law; (e) 
 
 17. For seizing and destroying all tainted and unwholesome 
 meat, poultry, tish, ir other artieles of food; (/) 
 
 IVnultlfg for 
 ll^ht W(l);ht. 
 
 Itt'guUtiii;; 
 
 VrtliclCB IIFCtl 
 
 in umrket 
 vi'ndlnis. 
 
 Aithe of 
 breitd, liv. 
 
 Tainted pro- 
 TislODS. 
 
 not mentioned, but by the next sub-suction power is given to impose 
 [icnaltie-s " for lii>-ht \vei;,'iit or .short count, or short moasuremont, in 
 rvcri/lhiiiff iiKirkekd." (Sub-sec. 14.) 
 
 (c) Sec preceding note. 
 
 ((/) This does not nutliorize the imposition of tonnage Auon on 
 seow.s, crafts, rnfts, rtdlway eurs, «tc., coming into the Municipality 
 merely because they contain Hrewood, thougli ,sueh firewood mriy 
 have been brought into the Munieipnlity for the purpose of being c.v- 
 poseil or offered for sale or marketecl for consumption within the 
 Munieipality. Wliat the statute autliorizes is the regulating tiio 
 veliieleH, ves^sels, Ac., inw/ih'h anything is crpowdfur sale or marketed 
 ill aui/ .street or public place, and for imposing a reasonable duty 
 tiiereon. When the commodity i.s exj)osed for sale in any street or 
 public place, tlie power to iinpo.se the dut}', if it is really given, arises, 
 and if it be intended to impose the duty on the vehicle or vessel, it 
 must be on that in which the article is exposed for salt or marketed 
 ill any street or public place. The legislature never contemplated 
 that, under pretence of passing a by-law to regulate markets, any 
 Municipal Corporation should have the power of levying a tax on the 
 general commerce of the country merely because a particular town or 
 city happened to be tlie place where forwarders are in the habit of 
 transliipping commodities from one description of craft to another, 
 and where merchants frequently contract that certain articles in 
 wliieh Ihey deal shall be delivered, in view of this very practice of 
 transiiipmeiit. (Per Richards, C. J., In re Campbell and the Corpora- 
 tion of the Cilij of Kingston, 14 U. C. C. P. 288.) A clause in a by- 
 law which imposed tonnage dues on scows, crafts, rafts, railway cars, 
 ttc, coming into the city of Kingston containing firewood to be ex- 
 jiosod Of olured for sale or marketed for consum^jtion within the city, 
 was therefore held bad. {lb.) 
 
 («) The assize of bread bos been from the earliest time deemed 
 necessary, and from time to time made by some local Municii)al 
 authority, 
 
 if) This is a most necessary and useful provision, and one which 
 in large cities is often enforced. 
 
233 
 
 Rent of mnr- 
 
 ket stalls, 
 
 Citthing. 
 
 Alifttement 
 of uuisaDGea. 
 
 Privy Taults 
 
 Vacant lots. 
 
 Piaiigh'er 
 Housec, &c. 
 
 THE MUNICIPAL MANUAL. . 
 
 18. For selling, after six hours' notice, butcher's meat dis- 
 trained for rent of market-stalls; (//) 
 
 NUI8ANCS». 
 
 19. For preventing or regulating the bathing or washing 
 the person in any public water in or near the Municipality ;(/i) 
 
 20. For preventing and abating public nuisances ; (t) 
 
 21. For preventing or regulating the construction of privy 
 vaults ; (/) 
 
 22. For causing vacant lots to bo properly enclosed ; (i) 
 
 23. For preventing or regulating the erection or con ti nu- 
 ance of slaughter houses, gas works, tanneries, distilleries or 
 other manufactories or trades which may prove to be nuis- 
 ances ; (I) 
 
 (ff) The relation of landlord and tenant at a rent certain of a cor 
 poroal hereditament, gives the right of distress at common law; 
 but at common law there was no right to suU a distress which was 
 looked upon as a mere pledge for i)ayment of rent. The statute 
 2 W. & M. sess. 1, cap. 5, sec. 2, which provided that after the goods 
 distrained have been appraised, the landlord " shall and may lawfully 
 sell the goods and chattels so distrained for the best price that can 
 be gotten for the same," «fec., but at tlie same time provided that tlie 
 sate should not be made until after the expiration of five days from 
 the seizure. This restriction in the case of butchers' moat is, for 
 obvious reasons, removed, and power given to sell " after si.\ hours' 
 notice." 
 
 (h) See note/? to sub-sec. 10 of sec. 284. 
 
 (i) A nuisance has been described as any thing tliat works Iiurt, 
 inconvenience or damage. Nuisances are of two kinds — public or 
 common nuisances, which affect [jcople generally ; and ju'ivatc nui- 
 sances, which may be defined as any thing done to the hurt of the 
 lands, tenements or hereditaments of anotlier. (1 Iluss. Crimes, 817.) 
 Private nuisances are generally remedied by civil action. Public 
 nuisances are -offi-'nces against the public order and economical regi- 
 men of the State, being either the doing of a thing to the annoyance 
 of all the Queen's subjects, or the neglecting to do a thing whicli the 
 common good requires. But the annoyance or neglect must be of 
 a real and substantial nature, and tlie fears of mankind, thqugh they 
 may be reasonable, will not create a nuisance. Offensive trades or 
 manufactures, of whirb examples are given in the following sub- 
 sections, may be public nuisances. 
 
 (,;■) See note i. 
 
 {/c) "Vacant lots of land" arc hero intended, though not so ex- 
 pressed, and which in cities and towns are often made receptacles of 
 nuisances. Hence the power to direct them " to bo properly en- 
 closed." 
 
 {I) See note i above. 
 
THE MUNICIPAL MANUAL. 
 
 233 
 
 1 
 
 24. For preventing the ringing of bells, blowing of horn?, 
 shouting and other unusual noises, in streets and public 
 places ; («i) 
 
 25. For preventing or regulating the firing of guns or other 
 fire arms ; and the firing or setting off of fire balls, squibs, 
 crackers or fire works, 'and for preventing charivaries and 
 other like disturbances of the peace ; (n) 
 
 26. For preventing immoderate riding or driving in high- 
 ways or streets ; for preventing the leading, riding or driving 
 of horses or cattle upon side-walks or other places not proper 
 therefor ; (o) 
 
 27. For preventing persons in streets or public places from 
 importuning others to travel in or employ any vessel or vehicle, 
 or go to any tavern or boarding-house, or for regulating per- 
 sons so employed ; {p) 
 
 PuB.uc Health. 
 
 28. For providing for the health of the Municipality and 
 against the spreading of contagious or infectious diseases; ((/) 
 
 iNTIiltMENTS. 
 
 29. For regulating the interment of the dead, and for pre- 
 venting the same taking j)];ice within the Municipality ; (v) 
 
 30. For directing tlie keeping and returning of bills of 
 mortality ; and for' imposing penalties on persons guilty of 
 default ; (.s) 
 
 LlCKX^ES. 
 
 SI. Fur regulating and IIceii>iiig the owners of livery stables 
 .and of horses, cabs, carrinues, omnibuses and other vehicles 
 used for hire; for establishing the rates of fare to be taken by 
 the owners or drivers; and for enforcing payment thereof; (<) 
 
 (m) See note i above. 
 
 ()() See note i above. 
 
 (o) No person is allowed to race with or drive furiously any horse 
 or other animal, or shout or use any Masphemons or indecent lan- 
 guage, upon any highway. (Con. Stats. U, C. cap. 56, sec. 5.) 
 
 (/>) That against which this sub-section is directed is the importu- 
 ning in the streets or public placcn. Tower is given either to prevent it, 
 or regulate it when permitted. 
 
 («/) See sec. 248. 
 
 (}•) The Council of every city, town, and township, is under cer- 
 tain restrictions authorized to accept or purchase land for public 
 cemeteries, as well within as without the Municipality. (Section 2C'J, 
 sub-section 3.) 
 
 (a) See preceding note. 
 
 (t) Where the Legislature intended to give power to license as 
 well as to rcgidate, it has said so. Nothing is suid as to licensing 
 
 Tumultuous 
 
 UuliHjS. 
 
 Fiiiug guns, 
 
 Furious 
 driviug. 
 
 Importuning 
 travellers. 
 
 I'ul>lic 
 health. 
 
 Intcnnentg. 
 
 Bills of 
 moriiilitv. 
 
 liicenslii!; 
 c.ibs, &c. 
 
23.1: 
 
 THE MUNICIPAL MANUAL. 
 
 Gunpowder, 
 
 care of. 
 
 I'le Compa- 
 nies, Ac. 
 
 MciIhU an 1 
 rdwurils to, 
 
 I'iiv ill 
 stables, 4c. 
 
 Danporous 
 nniniiOtc- 
 tui'ius ; . 
 
 Stoves.chiin- 
 Ut-ys, lie. 
 
 Siza nncl 
 cleaninj? 
 c'aimueji<, 
 Ac. 
 
 GrXPOWDER. 
 
 'i)2. For rcjiulatinjj; tho keeping and transportin<>; of gun- 
 powder and otlicr ciHnbu.stiblo or dangerous materials ; for 
 regulating, and providing for the support by fees, of magazines 
 for storing gunpowder belonging to private parties ; for com- 
 pelling persons to store therein ; for acquiring land, as well 
 within as without the Municipality, for the purpose of erecting 
 powder magazines, and for selling and conveying such land 
 when no longer required therefor; (?/) 
 
 Fiu?:s. 
 
 o3. For appointing Fire Wardens, Fire Engineers and Fire- 
 jnen, and promoting, establishing and regulating fire-compa- 
 nies, hook-and-ladder companies, and property-saving com- 
 panies. («) 
 
 8-L For providing medals or rewards for persons who dis- 
 dngui.sh themselves at fires ; and for granting pecuniary aid or 
 otherwise assisting the widows and orphans of persons who are 
 killed by accident at such fires ; 
 
 .']o. For preventing or regulating the use of fire or lights in 
 .'-tables, cabinet makers' shops, carpenters' shops, and combus- 
 tible places ; 
 
 30. For preventing or regulating the carrying on of manu- 
 factories or trades dangerous in causing or promoting fire ; 
 
 37. For preventing, and for removing, or regulating the 
 construction of any chimney, flue, fire place, stove oven, boiler 
 or other apparatus or thing which may be dangerous in caus- 
 ing or promoting fire j 
 
 38. For regulating the construction of chimnies as to 
 dimensions and otherwise; and for enforcing the proper clean- 
 ing of the same ; 
 
 butchers, and a by-ii.w orovidiiii": " Tluit nil jxtsoih exorci.sinyj the 
 tr.'ule of n butclier witliiii the Mtiniei|Pii!ity shoiihl he liceii.'^eil eaeli 
 year ns provided, the fee for eaeh license to he s.">," \va.s held to he 
 had. {In re Famcll and the C<>rjH>mtio)i of thr Tuvv. of Gnvljih, 'J-t 
 U. ('. Q. B. 2:i8.) 
 
 ((() Erecting; powder mills or keejiiii'j; q;uM[)o\vdcr near a town has 
 been held to be a nuisance at comniori law, piinisliahle by indietinent 
 or information. [The Junrf v. J'ai/hr, 2 .Str. 1107.) The Kiiglish Act 
 12 (ieo. in. cap, (51, reduces into one act and reiieals all former acts 
 relative to the inakin;^, keei)ing and carrying of y;unpowder. 
 
 (v) This and followinpf sub-sections to 40, inclusive, are intended to 
 prevent accidents hy tire, and are so plain in their lanj^uage and 
 meaning as to render it unnecessary to make note or comment on 
 them. 
 
THE MUNICirAL MANUAL. 
 
 235 
 
 89. For regulating the mode of removal and safe keeping Ash^..^. 
 of ashes ; 
 
 40. For regulating and enforcing the erection of party ]';utyw;iii. 
 walls; 
 
 41. For compelling the owners and occupants of houses to L«aaoi.sto 
 have scuttles in the roofs thereof, and stairs or ladders leading hc^os. 
 to the same. 
 
 42. For causing buildings and yards, to be put in othw r.,.iMi/i!;^ 
 respects into a safe condition to guard against fire or otht-r ;!",,SM)f. 
 dangerous risk or accident ; 
 
 43. For requiring the inhabitants to provide so many fire Fire im .ijet^. 
 buckets in such manner and time as may be prescribed ; and 
 
 for regulating the examination of them ; and the use of them 
 at fires ; 
 
 44. For authorizing appointed officers to enter at all rcasuu- i;i>ivi ikn of 
 able times upon any property subject to the regulations of the i"*^""^^"' 
 Council, in order to ascertain whether such regulations nio 
 obeyed, or to enforce or carry into effect the same; 
 
 45. For making regulations for suppressing fires, and fur 
 pulling down or demolishing adjacent houses or other erec- 
 tions, when necessary to prevent the spreading of fire ; 
 
 4G. For regulating the conduct, and enforcing the as.sist- Knforeiua: !»»■ 
 ance, of the inhabitants present at fires; and for thepreserva- fifeg"'^'"'* 
 tion of property at fires ; 
 
 Sxow, Ice and Dirt. 
 
 47. For compelling persons to remove the snow, 1(0 and lUmovHi of 
 dirt from the roofs of the premises owned or occu^ ied by *""'*' 
 them, and also to remove the same from the nidewalks, street 
 
 or alley in front of such premises, and for removing the same 
 at the expense of the owner or occupant in case ot liis 
 default ; (■?(') 
 
 NuMBERiKQ Houses and Lots. 
 
 48. For numbering the houses and lots along the streets of Numbering 
 the Municipality, and for aflSxing the numbers to the hou.ses, ii'^^^'^ •S:.. 
 
 Suiiprcs^iiu 
 
 llf HrL'a. 
 
 (w) People are not in the absence of a municipal bj'-lnw or rogiila- 
 tinii on tlio subject compelled to keep the roofs of tlicir houses doar 
 of snow, or to detain the snow on the roofs so that it cannot slide 
 from tlieni into the street. (Per Robinson, C. J., in Lazanis v. The 
 Coi-porntion of the City of Toronto, 19 U. C. Q. B. 13.) Tliere may bo 
 in a particular ease something so evidently faulty in the construction 
 of a roof as to make it more likely to occasion accidents from tliis 
 cause than roofs in general are, but such to be actionable nmst be 
 alleged and proved. (76.) 
 
230 
 
 THE MUNICIPAL MANUAL. 
 
 buildings or other erections along the streets, and for charging 
 the owner or occupant of each house or lot with the expense 
 incident to the numbering of the same ; (x) 
 
 mrordof '^^- 1^*^^ keeping (and every such Council is hereby required 
 
 MivHtrt, iium- to make and keep) a record of th« streets and numbers of the 
 ricg^Ac!""* houses and lots numbered thereon respectively, and entering 
 thereon, and every such Council is hereby required to enter 
 thereon, a division of the streets with boundaries and dis- 
 tances for public inspection ; (^) 
 
 Drainage. 
 
 50. For ascertaining and compelling owners, tenants and 
 occupants to furnish the Council with the levels of the cellars 
 heretofore dug or constructed or which may hereafter be dug 
 or constructed along the streets of the Municipality, such levels 
 to be with reference to a line fixed by the By-laws ; (ar) 
 
 Ascprtaining 
 levtla. 
 
 (x) This in large cities, towns or incorporated villnges is not only 
 a coiiveiiience but a necessity. 
 
 (?/) It is not left optional with but made imperative upon the coun- 
 cils of cities, towns and incorporated villages, to keep a record of the 
 streets and numbers of the houses, <tc. 
 
 (z) A city, town or incorporated village corporation would act 
 judiciously in insisting on having drains made under the direction of 
 their officers and by their own workmen and contractors, instead of 
 the private proprietors, for it would not do to allow all persons to 
 break into a main sewer and make drains at their discretion. Besides 
 the inconvenience, tlie health of the community Would suffer from such 
 a course, for the nuisance occasioned by i^efective drainage may often 
 give rise to a wide spread evil, injuring mu^y more tiiau tlie persons 
 on whose premises the cause of the nuisance exists. It seems a neces- 
 sary policy, therefore, for such a corporation to kc?p the matter in 
 their own hands. But then if the corporation does for such good 
 reasons prevent proprietors from making the drains they require, and 
 f)bligc them to have them done by the corporation engineer and 
 contractors, it is manifestly just and proper tliat the corporation 
 slionld see that the work is done as it ought to be, (per Robinson, 
 ('. J„ in Jiceven v. The Corporation of the City of Toronto, 21 U. C. Q. B. 
 Itjii,) where a drain was so unskilfully constructed by tlie corporation 
 contractors as not to carry off water, but to carry filth from the main 
 sewer into plaintiffs cellar, which for months he had endured, it was 
 lield that he was entitled to sue the corporation for the recovery of 
 substantial damages, though no by-law for the making of the drain 
 was proved. (76.) So if in the construction of a drain by corpora- 
 tion contractors quantities of earth be thrown up and permitted to 
 continue, so that in times of rain, mud and water were driven on 
 plaintiff's messuage, he was held entitled to sue the corporation for 
 ilamages. (Farrell v. 7'Ae Mayor and Town Council of the Toien of 
 London, 12 U. C. Q. B. 347 ; see also Perdue v. The Corporation of the 
 7'ownship of Chinr/uacousu, 23 U. C. Q. B. 61.) 
 
THE MUNICIPAL MANUAL. 
 
 237 
 
 dug 
 
 51. For compelling to be deposited with an officer, to be 
 named in the By-law, before commencing the erection of any 
 building, a ground or block plan of such building with the 
 levels of the cellars and basements thereof with reference to a 
 line fixed by the By-law ; (a) 
 
 52. For regulating the construction of cellars, sinks, water- 
 closets, privies and privy-vaults, and the mantier of draining 
 the same j (fc) 
 
 5.S. For compelling or regulating the filling np, draining, 
 clearing, altering, relaying and repairing of any grounds, 
 yards, vacant lots, cellars, private drains, sinks, cess-pools and 
 privies ; and for assessing the owners or occupiers of such 
 grounds or yards, or of the real estate on which the cellars, 
 private drains, sinks, cesspools and privies are situate, with the 
 cost thereof if done by the Council on their default; (c) 
 
 54. For making any other regulations for sewerage or drain- 
 age that may be deemed necessary for sanitary purposes j (il) 
 
 55. For charging all persons who own or occupy property 
 which is drained into a common sewer or which by any By-law 
 
 TJlock plans 
 of buildings. 
 
 Cc'llBr8,6inka 
 
 Fillinj; in 
 
 liollow 
 
 place!i,drain3 
 
 Sowerftga 
 and druinagv 
 
 Chaigicg. 
 rent for 
 sew«rs. 
 
 (rt) See preceding note, ^ 
 
 (6) See same. 
 
 (c) The statute refers as well to sewers, Ac, constructed, as to be 
 constructed (In re McCvtchon and the Corporation of the Citij of Toronto, 
 22 U. C. Q. B. 613) and though authorizing the passing of a by-law to 
 compel drainage, couples it with a power to assess the cost thereof, 
 if done by the Council, on the owner or occupier, in default — 
 thus pointing out how " the compelling" is to be carried out. (lb ) 
 Tlie charge, moreover, if the work be done by the Corporation, is a 
 personal charge and not a charge on the land, (Morse v. Jltpnn, 22 
 U. C. Q. B. 107) and so not to be enforced by the same means as 
 ordinary assessments, (//i re McCutchon and the Corporation of the 
 City of Toronto, 22 U. C. Q. B. 013.) A clause of a by-law requiring 
 that " all grounds, yards, vacant lots or other properties abutting on 
 any street should be drained," was held valid. (In re McCutchmi and 
 the Corporation of the Citij of Toronto, 22 U. C. Q. B. 613.) The sixth 
 section of a by-law requiring all grounds not already drained abutting 
 on any street with a commou sewer, to be drained into the same within 
 fourteen days from the advertising of the by-law for one week — the 
 seventh section imposing a penalty on any one of not less than |1 nor 
 more than $10 for each month be should omit to do so — and the eighth 
 providing for enforcing payment by distress or imprisonment, not 
 exceeding thirty -one days, were quashed as illegal. (lb.) A subse- 
 quent by-law added to the eighth section above mentioned a proviso, 
 that any person thereby required to construct a drain, who should not 
 do so but be willing to pay the same rent as if he were using the 
 sewer, should be exempt from penalties, was also quashed. (IbJj 
 
 (d) See note z above. 
 
238 
 
 THE MUNlCirAL MANUAL. 
 
 transient 
 trailers. 
 
 OiT'aiu ex- 
 
 tiimit (iT. 
 
 )iy-I«" > f, 
 
 Lii'enHiii;; 
 •I'lliirnnce 
 f'fiiivB. 
 
 of the Council is required to be drained into such scwcr with 
 a reasonable rent for the use of the same; and tor regulating 
 the time or times and manner in which the same is to bo 
 paid ; (e) _ 
 
 50. For licensiug, regulating and governing transient traders 
 and other persons who occupy places of business in the city 
 or town for uncertain periods less than one year, and whose 
 names have not been duly entered in the asscs"ment rolls for 
 the then current year; (/) 
 
 PROVTSiONS APPLICABLE TO CITIES AND TOWNS. 
 
 JJOy. The fiillov.'ing sections, numbered two hundred and 
 ninety-eight, two hundred and ninety-nine, and three hundred 
 apply to the following Municipalities: (//) 
 
 1. Cities. I 2. Towns. 
 
 ConoxKUS. 
 
 120S. One or more (Coroners shall bo appointed for every 
 Incorporated City or Town. (A) 
 
 I.sfEi.r.iGEXCK Okficks. 
 
 The (Council of every City and Town may respec- 
 tively pass By-laws : 
 
 1, For licensing suitable persons to keep Intelligence 
 
 Til. Offices for registering the names and residences of, and giving 
 
 information to, or procuring servants for, employers in want 
 
 of domestics or labourers, and for registering the names and 
 
 residences of, and giving information to, or procuring cmploy- 
 
 (c) It would seem thnt the owner or occupier of the property ^ay 
 le^^iillj- 1)0 allowed to eonimute for the annual rent bj' payment of a 
 fixed sum in fjross. (In re McCnkhon and the Corporation of the CHif 
 of Toronto, 22 U. C. Q. B. CIS.) As to the meaning of the words 
 "owner" and " oeriipier," sea Pi^nk v. The Waterloo and Sutfortli 
 Lural Board of Health, 9 L. T., N. S. r>:i8. 
 
 (/) See note t to sub-sec. 31, above. 
 
 (//) See note / to sec. 245. 
 
 (//) Tt is not said by whom the appointment is to be, made, Vmt it 13 
 understood by the Executive. The ofHee of Coroner is of eqnal nnti- 
 (iuity with that of Sheritf. (Mirror, cap. 1 . see. 3.) The authority of 
 a Coroner is judicial and ministerial: judicial where one comes to .1 
 violent death, or a liouse or building is destroyed by fire in a city, 
 town or village, in which cases he is to take inquest (4 Inst. 371 ; 
 Con. Stat. C. c. 88) ; ministerial where the Coroner executes the Queen's 
 writs on exception to the sheriff, .as by his being a^iarty to a suit, or 
 <if kin to either of the parties, Ac. (76.) Coroners of conntien arc, how- 
 ever, commonly called upon to act in a ministerial capacity. 
 
THE MUKICIPAL MANUAL. 
 
 239 
 
 Diont for domestics, servants and other labourers desiring 
 employment, and for fixing the fees to be received by the 
 keepers of such offices ; 
 
 2. For the regulation of such Intelligence Offices ; 
 
 3. For limiting the duration of or revoking any such 
 license; 
 
 4. For prohibiting the opening or keeping any such Intelli- 
 gence Office within the Municipality without license ; 
 
 5. For fixing the fee to be paid for such license, not exceed- 
 ing one dollar for one year; (?) 
 
 Wooden lU ir.DiNoa. 
 
 6. For regulating the erection of buildings, and preventing 
 the erection of wooden buildings and wooden fences in speci- 
 fied parts of the City or Town ; (j) 
 
 Police, 
 
 7. For establishing, regulating and maintaining a Police; but 
 subject to the other provisions of this Act on that head ; (^fc) 
 
 Industrial Farm — Exiiibitio.v. 
 
 8. For acquiring any estate in landed property within or 
 without the City or Town for an industrial farm, or for a 
 public park, garden or walk, or for a place for exhibitions, 
 
 Rogulation 
 of. 
 
 Duration of 
 license. 
 
 Prohlliition 
 of without 
 licunse. 
 
 Fees for. 
 
 Wooden 
 buildings. 
 
 A pulic-c 
 
 Industrial 
 farm. 
 
 (i) The powers yiven are to license persons to keep intelligence 
 offices, to regulate siicli offices, to limit the duration of the licenses, to 
 prohibit the opening of any such office without license, to fix the fee 
 for a license ; each of which has a distinct meaning. (See notes to 
 sec. 249.; 
 
 (j) As wooden structures are more combustible than stone or brick, 
 the power to regulate the erection of them in cities and towns is con- 
 ferred. 
 
 {k) The word " police " is generally applied to the internal regula- 
 tions of cities and towns, whereby the individuals of any city or town, 
 like membeis of a well governed family, are bound to conform their 
 general behaviour to the rules of propriety, good neighbourhood, and 
 good manners, and to be decent, industrious and inoffensive in their 
 respective situations (See 4 Bla. Com. cap. 13) ; but the word, as here 
 used, has a still more restricted meaning, for it is intended to apply to 
 tliose paid men who in every city and town are appointed to execute 
 police laws, and who in many respects correspond with constables of 
 rural municipalities. 
 
 The powers given to cities and towns are, 
 
 1 . To establish ; 
 
 2. To regulate ; and 
 
 3. To maintain a Police, 
 
240 
 
 TlIK MUNICII'AI- MANUAL. 
 
 tburcou. 
 
 Maniiping 
 the Slime. 
 
 Alniphouscs, 
 and poor. 
 
 Appoint- 
 ment of Cur- 
 puration 
 Surveyor. 
 
 and for the disposal thereof when no Ion;.^cr required fur the 
 purpose ; and for accoptinj; and taking charge of landed pro- 
 perty, within or without the City or Town, dedicated for a 
 public, garden or walk, for the use of the inhabitants of the 
 City or Town j 
 
 9. For the erection thereon of buildings and fences for tlic 
 purposes of the farm, park, garden, walk or place for exhibi- 
 tions, as the Council deems necessary ; 
 
 10. For the management of the farm, park, garden, walk 
 or place for exhibitions and buildings; (/) 
 
 Cll.VUlTV. 
 
 11. For establishing and regulating within the City or 
 Town, or on the industrial farm or ground hold for public 
 exhibitions, one or more almshouses or houses of refuge for 
 the relief of the destitute, and for granting out-of door relief 
 to the resident poor, and also for aiding charitable institutions 
 within the City or Town, {m) 
 
 300- The Council of a City or Town (n) may also pass 
 By-laws : 
 
 1. For appointing any person to be the Corporation Sur- 
 veyor; and the Board of Examiners of Provincial Land Sur- 
 veyors for Upper Canada shall- examine such person, and, if 
 
 (/) Tlie jurisdiction of a Mnnicipal Council is in s^eneral local, that 
 is, confined to tlie municipality which it reproscnts. For i^otnc pur- 
 [)oscs, the jurisdiction extends beyond the locality. The acquirement 
 of laud for a cemetery is one such purpose (sec. 2(59, sub-sec. 3) ; lnud 
 for an industrial farm, itc, is another. 
 
 Power is given, 
 
 1. To acquire any estate, &c., for a farm, &c. ; 
 
 2. To erect buildings thereon, <tc. ; 
 
 3. To manage the same. 
 
 {m) Every Township Council may also make by-laws for raising 
 money for the support of the poor resident in the township. (Sec. 279.; 
 The poor taken notice of bj' the English law, which is n complete sj-s- 
 tern, are, 
 
 1. Poor by impotcncy ; as the aged or dccrepid, fatherless or mother- 
 
 less, poor under sickness, and persons who are idiots, lunatics, 
 lame, blind, Ac. 
 
 2, Poor by casualty ; such as able-bodied persons decayed or ruined 
 
 by unavoidable misfortunes, or otherwise out of employment, 
 and unable to procure employment. 
 S. Poor by prodigality and debauchery ; also those nailed thriftless 
 poor, as idle, slothful persons. 
 
 (n) The Councils of counties, townships and incorporated villages, 
 nre neither mentioned nor intended. 
 
THE MJNICIPAL MANUAL. 
 
 241 
 
 he is found competent, shall grant to him, without the usual 
 service, his certificate as a Deputy Provincial Surveyor, and 
 his acts as such shall, in the town or city, while he holds the 
 office of Surveyor thereto, have the same effect as those of any 
 other Deputy Provincial Surveyor ; (o) 
 
 Gas AMD Water. 
 
 2. For lighting the Municipality, and for this purpose per- 
 forming any work, and placing any fixtures that are necessary 
 on private property J (j>) 
 
 3. For laying down Gas or Water Pipes in any street, and 
 opening streets for the purpose; and for taking up or repair- 
 ing such pipes, and for using every power and privilege given 
 to any Gas or Water Company incorporated in the Munici- 
 pality, as if the same were specially given by this Act, subject, 
 however, to the provisions herein contained as to the erection 
 of Gas or Water Works, and levying rates therefor j (5) 
 
 4. For constructing Gas and Water Works, and for levying 
 an annual special rate to defray the yearly interest of the 
 expenditure therefor, and to form an equal yearly sinking fund 
 fur the payment of the principal within such time as shall not 
 exceed thirty years, nor be less than five years ; (r) 
 
 5. But no By-law under the last sub-section shall be passed, 
 Firstly, until estimates of the intended expenditure have been 
 published for one month, and notice of the time appointed for 
 taking a poll of the electors on the proposed By-law has been 
 published for two months, and a copy of the proposed By-law 
 at length as the same may be ultimately passed, and a notice 
 of the day appointed for finally considering the same in Council, 
 have been published for three montlis in some newspaper in 
 
 LightlDi; 
 with gas. 
 
 Layine down 
 gss and 
 water gas 
 pipes. 
 
 ■OoM and 
 WaterWcrffs 
 
 EsUmatc to 
 bepublifheil, 
 and notice of 
 PoH to »<» 
 held ou tbo 
 By-law. 
 
 Proceed ill p« 
 prior to \8k- 
 JDR publk 
 vote. 
 
 (0) The Board of Examiners is composed of the Commissioner of 
 Crown Lands and eigtit otiier competent persons, from time to time 
 iippointed by tiie Governor-General, and meet at the city of Toronto. 
 (Con, Stat. Can, cap, 77, sec, 1.) 
 
 (p) It is necessary for Municipal Conneillors to be very cautious 
 when interfering with private property. An excess of authority may 
 render them liable as trespassers, (See Dennis v. Uughn etal.,8 U. C. 
 (i. B. 444.) 
 
 (q) It may be made a question how far the Municipal Council of a 
 city has, under it, the power to interfere with the privileges of incor- 
 ])oratcd companies in cities existing at the time of the passing of the 
 act. (See sub-sec. 7 ; see also Con. Stat. Can. cap. 66, " respecting 
 incorporated joint stock companies for supplying cities, towns and 
 villages with gas and water,") 
 
 (»•) See sec, 226, sub-sec. 3, 
 
 16 
 
 «i'ili>i^'nii<> 
 
242 
 
 P„n to be 
 held, and 
 mi\jority 
 must be In 
 favour. 
 
 By-law to be 
 passed oulT 
 at a Bpeclal 
 meeting, &c. 
 
 If the By-law 
 
 ]S rrjected. 
 
 Iftbereisa 
 Oasor 
 Water Com- 
 pany for the 
 Muaicipality 
 
 Inipeetion of 
 Gas-metrei. 
 
 THE MUNICIPAL MANCAL. 
 
 tho Municipality; or if no newspaper is published thef^ein, 
 then in some newspaper in the County in which the Munici- 
 pality is situate ; 
 
 Nor, Secondly, until a poll, held in tho same manner and 
 at the samo places, and continued for the same time as at elec- 
 tions for Councillors, a majority of the electors voting at the 
 poll vote in favor of the By-law j (») 
 
 Nor, Thirdly, unless the By-law is thereafter passed at the 
 special meeting mentioned in the published notice ; (0 
 
 6. If the proposed By-lavr is rejected at such poll, no other 
 By-law for the same purpose shall be submitted to the electors 
 during the current year j (m) 
 
 7. In case there be any Gas or Water Company incorporated 
 for the Municipality, the Council shall not levy any Gas or 
 Water rate until such Council has by By-law fixed a price to 
 offer for the works or stock of the Company ; nor until thirty 
 days have elapsed after notice of such price has been com- 
 municated to the Company without the Company's having 
 accepted the same, or having, under the provisions of this Act 
 as to Arbitrators, named and given notice of an Arbitrator to 
 determine the price, nor until the price accepted or awarded 
 has been paid, or has been secured to the satisfaction of the 
 Company; (v) 
 
 8. The Council of a City or Town may also pass By-laws, — 
 For providing for the inspection of Gas-metres ; (w^ 
 
 (s) See sees. 200, 201, 202, and notcB thereto. 
 
 (t) The by-law is to be passed at the special meeting mentioned in 
 the notice, &c. ; that is, it shall not be lawful in the notice to specify 
 one day of meeting, and to pass the by-law at another. 
 
 (u) The municipal year begins in January, and so far corresponds 
 with the calendar year. If a by-law is rejected at any time in one 
 year, it cannot be again submitted until the year following. 
 
 (v) The course of proceeding indicated appears to be the following : 
 
 1. If there be a gas or water company incorporated in the munici- 
 
 pality, the Council of the municipality, before levying a gas or 
 water rate, la by by-law to fix a price to be offered for tlie 
 works or stock of the company. 
 
 2. The company, within thirty days after communication of a notice 
 
 of a price, is either to accept the same or to proceed to arbi- 
 tration, pursuant to sec. 363 of this act. 
 
 3. If the sum be either accepted, or a different sum awarded, the 
 
 municipalitv, before levying the rate, is required to pay or 
 secure that «tim. 
 (to) This is an important clause, not generally known, and seldom 
 acted upon. 
 
THE MUNICIPAL MANUAL. 
 
 243 
 
 9. For providing for the appointment of three Commis- commiH- 
 sioners for entering into contracts for the construction of Gas *',3/°'f 
 and Water works, for superintending the construction of the um or 
 same, for managing the works when completed, and for w»terWork« 
 providing for the election of the said Commissioners by the 
 electors from time to time, and at such periods and for such 
 terms as the Council may appoint by the By-law authorizing 
 the election, (x) 
 
 Provisions Applicable to Cities only. 
 
 301- The Council of every City may pass By-laws for the 
 following purposes : 
 
 1. For providing the means (tf ascertaining and determin- 
 ing what real property will bo immediately benefited by any 
 proposed improvement, the expense of which is proposed to 
 he assessed as hereinafter mentioned upon the real property 
 itnm el lately benefited thereby ; and of ascertaining and 
 determining the proportions in which the assessment is to be 
 made on the various portions of the real estate so benefited ; 
 inubjcct in every case to an appeal to the Recorder in the same 
 manner and on the same terms, as nearly as may be, as an 
 appeal from the Court of Revision in the case of an ordinary 
 assessment ; (a) 
 
 2. For assessing and levying upon the real property to be 
 immediately benefited by the making, enlarging or prolonging 
 of any common sewer, or the opening, widening, prolonging 
 or altering, macadamizing, grading, levelling, paving or plank- 
 ing of any street, lane, or alley, public way or place, or of any 
 sidewalk therein, on the petition of at least two-thirds in num- 
 ber and one-half in value of such real property, of the owners 
 
 city Councils 
 may make 
 By UwBfor 
 certain pur- 
 po»e8. 
 
 ADcertatnin;; 
 the propurty 
 to be bene- 
 fited by a 
 local im- 
 proTement. 
 
 Asuessing 
 auch proper- 
 ty lor auch 
 iniproTe- 
 ment — and 
 in what 
 
 ^ (x) The electors are, it is presumed, such only as arc entitled to 
 vote at the ordinary municipal election in the municipality. (See 
 sec. 75, et seq.) 
 
 (n) The powers conferred are to pass by-laws for the following 
 purposes : 
 
 1. For providing the means of asen'iaining and determining what 
 
 real property will be immediately benefited, <fcc. 
 
 2. For ascertaining and determining the proportions in which the 
 
 assessment is to be made, &c. 
 
 Svhject in every case to an appeal to the Recorder. 
 
 Neither of the Superior Courts of Law will entertain an application 
 to set aside a by-law on a matter of fact, which according to this act, 
 or ft by-law passed under it, should be ascertained and determined by 
 an officer of the corporation, unless perhaps fraud or cortupt conduct 
 be imputed to such officer. (See In re Michie and the Corporation of 
 the CUy of Toronto, II U. C. a P. 379.) 
 
244 
 
 THE MUNICIPAL MANl'AL. 
 
 of such real property, a special rato, SMfliciiMit to iDoludo a 
 sinkinj* fund, for the repayment of Debentures which such 
 Councils are hereby authorized to is'^uo in Huch cases r^-spec- 
 tively, on the security of such rates respcctivt'ly, to provide 
 funds for such improvements, and for so assonsing and ltvyii)<» 
 the same ; (t) 
 
 /nnuni rnte. (!•) Ky nn annual rate in the dollar on the real property so 
 benefited, according to the value thereof, oxolusjvo of im- 
 provements J 
 
 8. For regulating the time or times and mnniicM- in wliiL'h 
 the assessments to be levied under this section uru to lie paid, 
 and for arranging the terms on which parties assossod for 
 local improvements may commute for the payment of their 
 proportionate shares of the cost thereof in principal sums ; 
 
 4. For effecting any such improvement as aforesaid with 
 funds provided by parties desirous of having the same 
 effected, (c) 
 
 303- No such local improvement as aforesaid shall bo 
 undertaken by the Council of any City, except under a By- 
 law passed in pursuance of the fourth sub-section of the 
 preceding section, otherwise than on the petition of two- 
 thirds in uumber and one-half in value of real property to be 
 directly benefited thereby, of the owners of such real pro- 
 perty, — the number of such owners and the value of such 
 real property having been first ascertained and finally deter- 
 mined in the manner and by the means provided by By-law 
 in that behalf; and if the contemplated improvement be the 
 Aato«ewerB. construction of a common sewer havi " sectional area of 
 more than four feet, one-t 'rrl the cost thereof shall also 
 
 Reciiliitliig 
 tlmw of pity' 
 uu'nt, &e. 
 
 Iffundst fur 
 uished liy 
 part lea. 
 
 Under what 
 coudittons 
 Much iin- 
 provenieDts 
 may be iin- 
 dcrtakuu. 
 
 (I)) The local iinprovemei Datemplatecl are, 
 
 1. Makinff, 1 
 
 2. Enlarging, >• ani/ common e wer. 
 
 3. Prolonging, ) 
 
 1. Opening, 
 
 2. Widening. 
 
 3. Prolonging. 
 
 t: Macadamizing. [ ""itu^ntl. ^""'' ""°^' ^^^^'^ '"'^' P'*'"' "' 
 (1. Grading. 
 
 7. Levelling. 
 
 8. Paving. 
 
 9. Planking, 
 (c) Where funds are provided b^ parties desirous of having the 
 
 local improvement, of course there will be no necessity for levying or 
 assessing the rate contemplated by the previous sub-sections. 
 
 % 
 
THE MUNI(3IPAL MANUAL. 
 
 245 
 
 first be provided for by the Council of the City, by By-law 
 for borrowing money, which every such Council is hereby 
 authorized to pnHS for Huch purpose, or otherwise, (ct) 
 
 303. It shall not bo osscntiiil. to the validity of any By- 
 law passed in virtue of the three hundred and flrst section of 
 this act, that it bo in accordance with the restrictions and 
 provi.>*ions contained in the two hundred and twenty sixth 
 section of this act;(</) but no such By-law shall bo valid 
 which is not in accordance with the following restrictions and 
 provisions : (e) 
 
 1 . The By-law shall name a day in the financial year in 
 which the same is passed when it shall take effect; (/) 
 
 2. The whole of the debt and the obligations to bo issued 
 therefor shall be made payable in twenty yeans at furthest 
 from the day on which such IJy-law takes effect ; (ijf) 
 
 8. The By-law shall settle an equal special rate per annum) 
 in addition to all other rates, to be levied in each year on the 
 real property described therein, and ratable thereunder, for 
 paying the debt and interest ; (h) 
 
 4. Such special rate shall be sufiicient, according to the 
 value of such real property, as ascertained and finally deter- 
 
 Wlmt condt- 
 tlnns RhaU 
 lie r«<(uUlto 
 t() tliu 
 Tiilldlty of 
 the U>-lawii. 
 
 Day for By- 
 law taking 
 effect. 
 
 Pvrlod for 
 payment. 
 
 Special rate. 
 
 Amount of 
 such rute. 
 
 (ft) It will bo observed that the number of the owners as well as 
 the value of th'- ;o.il property is to be first ascertained and finally 
 determined, in the manner and by the means provided by by-law in 
 that behalf. The court in one case refused to entertain on applica- 
 tion to set aside a by-law for local improvements, on the ground that 
 the petition on which the by-law was based, was not signed by three- 
 fourths in number and one-half in value of the owners of real pro- 
 perty to be benefited by the local improvement, contrary to the deter- 
 mination of the officer of the Corporation in that behalf. {In re 
 Mkhic andthe Corporation of Uie City of Toronto, 11 U. C. C. P. 379.) 
 
 {d) See section 226, and notes thereto. 
 
 (e) i. e. If at variance with the resolutions and provisions men- 
 tioned, and moved against in sufficient time, it would in all probability 
 be set aside. 
 
 (/) The date on which a by-law is passed does not necessarily form 
 a part thereof, but it would be well that the By-law should in the 
 body of it name the day. {In re Alichie and the Corporation of the 
 City of Toronto, 11 U. C. C. P. 3T9.) 
 
 {g) Where by a part of the by-law the debentures were made 
 payable at a datn more than twenty years from the day in which the 
 By-law took eff'ect, that part of the by-law was quashed. {lb.) 
 
 {h) An ordinary lease, under the statute, containing a covenant " to 
 pay taxea," was held to cover a special rate created oy a corporation 
 by-law, as well as all other Municipal taxes. {lb.) 
 
246 
 
 THE MUNICIPAL MANUAL. 
 
 I> 1 
 
 1 
 
 What the 
 By-law mnit 
 
 rocit«. 
 
 Amount and 
 olgect. 
 
 Annual 
 amount. 
 
 Value of 
 property 
 rat«d. 
 
 Special rate. 
 
 Security for 
 debt. 
 
 Debentures 
 under see- 
 tiona 301 to 
 303 to be 
 upecially dis- 
 tiaguisbed. 
 
 .Section 227 
 not to apply. 
 
 Certaic 
 Hections not 
 to apply to 
 cerbtiu 
 works. 
 
 mined in virtue of this Act, to discharge the debt and interest 
 when respectively payable, irrespective of any future increase 
 in the value of such real property, and also irrespective of 
 any income from the temporary investment of the sinking 
 fund, or of any part thereof; (i) 
 
 5. The By-law shall recite : 
 
 (1) The amount of the debt which such By-law is intended 
 to create, and, in some brief and general terms, the object for 
 which it is to be created ; 
 
 (2) The total amount required by this Act to be raised 
 annually by special rate for paying the debt and interest 
 under the By-law ; 
 
 (3) The value of the whole real property ratable under the 
 By-law as ascertained and finally determined as aforesaid ; 
 
 (4) The annual special rate in the dollar or per foot 
 frontage, or otherwise, as the case may be, for paying the 
 interest and creating an equal yearly sinking fund fur paying 
 the principal of the debt, according, to the foregoing provi- 
 sions of this Act ; 
 
 C3) That the debt is created on the security of the special 
 rafo settled by the By-law, and on that security only. (_/) 
 
 304. Every Debenture issued under the sections of this 
 Act numbered three hundred and one to three hundred and 
 three inclusive, shall bear on its face the words <' Local liu- 
 v'.ovement Debenture," and shall contain a reference, by date 
 and number, to the By-law under which it is issued, and also 
 a statement of its being issued in virtue cf thi3 Act. (A*) 
 
 •lOtS. The two hundred and twenty-seventh section of this 
 Act shall not apply to any By-law passed in virtue of the four 
 last preceding sections of this Act. (/) 
 
 300- Nothing contained in the sections of this Act, num- 
 bered three hundred and one to three hundred and four shall 
 shall be construed to apply to any work of ordinary repair or 
 
 * . 
 
 (i) See sec. 226 and notes thereto. 
 
 (j) See sub-sec. 6 of see. 226 and notes thereto. 
 
 (.i.) Sec sec. 213 et aeq. and notes thereto. 
 
 {I) I. e., Not be submitted to the electors for tlieir assent. The 
 petition of two thirds in number and one half in value of the owners 
 of the real property intended to be benefited, as required by sec. 302, 
 renders the submission of the by-law for the assent of the rate-payer.<j 
 concerned, unnecessary. The remaining one-third in number and one 
 half in vatne of the rate-payers, arc bound by the petition of the ma- 
 jority, and subject to the consequences of their act. 
 
THE MUNICIPAL MANUAL. 
 
 247 
 
 the 
 
 Extent of 
 Bections 308 
 to 314. 
 
 Appoint- 
 ment ot 
 Inspecting 
 Trustees. 
 
 Fillini; 
 Tacancies. 
 
 maintenance; and every comnaon sewer made, enlarged, or 
 prolonged, and street, lane, alley, public way or place, and 
 sidewalk therein, once made, opened, widened, prolonged, 
 altered, macadamized, paved or planked under the said sections 
 of this Act, shall thereafter be kept in a good and sufficient 
 state of repair at the expense of the City generally, (m) 
 Provisions Applioablk to Police Villages only. 
 307- The following secHons numbered from three hundred 
 and eight to three hundred and fourteen apply to Police 
 Villages only j (n) 
 
 Insfeotino Trustee. 
 
 308. The Trustees of every Police Village, or any two of 
 such Trustees shall, by a writing under their hands to be filed 
 with the Clerk of the Township, or one of the Townships in 
 which the Village is situate, appoint one of their number to 
 be Inspecting Trustee, (o) 
 
 309. la case of any vacancy in the office of a Police 
 Trustee, by death or otherwise, the remaining Trustee or 
 Trustees shall, by writing to be filed with such Clerk as afore- 
 said, appoint a Trustee or Trustees to supply the vacancy. (^) 
 
 Neglect of Duty by Trustees. 
 
 310. Any Police Trustee who wilfully neglects or omits Penalty for 
 to prosecute an oflFender at the request of any resident house- aJny^'"'' 
 holder of the village (g) offering to adduce proof of an otFence 
 against the reguiations of Police herein established, (>•) or who 
 wilfully neglects or omits to fulfil any other duty imposed on 
 
 him by this Act, shall incur a penalty of five dollars, (s) 
 
 (m) It is the duty of every City, Township, Town and Incorporated 
 Viihigo, to keep every public road, street, bridge und highway within 
 the Corporation in repair. (Sees. 338, 3.59.) The default of the Cor- 
 poration so to keep in repair is a misdemeanor, punishable by fine in 
 the discretion of the Court. (Sec. 339.) The Corporation is further 
 civilly responsible for all damages sustained by any person, by reason 
 of such default. (Jb.) 
 
 {n) See note / to sec. 245. 
 
 (o) The Inspecting Trustee in a Police Village holds a position 
 similar to tliat of Reeve in a Township. In every Police Village there 
 are tliree Trustees. (Sec. 68.) The election of Inspecting Trustee is 
 to be by these Trustees, or by any two of them. 
 
 {p) The police regulations of every Police Village are enforced 
 through Police Trustees. (Sec. 7.) 
 
 (q) Ag to what constitutes residence see note r to sec. IS. 
 
 (r) See sec. 314. 
 
 (s) The penalty must be sued for within ten days after offence 
 committed. (Sec. 311.) 
 
248 
 
 THE MUNICIPAL MANUAL. 
 
 Limitition 811. The penalties prescribed by the precedinp; section, 
 tfonsTfor" ^^ ^y '^"^^ ^^^ ^^^ establishment of regulations of Police, shall 
 
 be sued for within ten days after the offence has been coumiit- 
 
 ted or has ceased, and not subsequently (t) 
 
 Trustees to Sue for Penalties. 
 
 whritoBue 313- The Inspecting Trustee, or in his absence or when 
 foi psnaitios |jg j^j ^j^g party complained of, one of the other Trustees, shall 
 sue for all penalties incurred under the Regulations of r..lice 
 herein established, (a") before a Justice' of the Peace having 
 jurisdiction in the village and residing therein, or within five 
 miles thereof; or if there be none such, then before any Jus- 
 tice of the Peace having jurisdiction in the village; (h) and 
 the Justice shall hear and determine such complaint in ;t 
 Bummary manner, and may convict the offender, upon the 
 oath or affirmation of a credible witness, and shall imuso the 
 penalty to be levied by distress and sale of the goi»ds of the 
 offender, and to be paid over to the path-master or path- 
 masters of the division or divisions to which the village 
 belongs, or to such of the said path-masters ns the Trustees 
 may direct; (o) and such path-master or path-masters shall 
 apply the penalty to the repair and improvement of the 
 streets and lanes of the village, under the direction of the 
 Trustees. Qf) 
 
 Public Ubalth. 
 
 313- The Trustees of Every Police Village s^hall be 
 Health Officers within the Police Village, under the Cdnsoli- 
 dated Statute for Upper Canada, respecting Public Health, 
 and under any other Act that may be passed for the like 
 purpose, (e) 
 
 Anil before 
 whom. 
 
 Conviction 
 and levy of 
 pttDitlty. 
 
 Trustees to 
 bo Ileal th 
 officers. 
 
 (t) Within ten dai/x after, &c. Where a thins; is to bo done within 
 a ccrtaiu number of days from or after a pivon day, or nn act (imie, 
 the general rule is, that the first day on which one act is dene is to 
 be rcckonec' exclusively. ( Yoiinrf v. Higgon, 6 M. & \V. 41); see also 
 OibiOH v. MmkeU, 3 Scott N. R. 429.) 
 
 (a) Soosec. 314. 
 
 (6) Two parties are here described ; first, the party to sue, and, 
 secondly, the partj' before whom the suit is to be i)rosecnted. 
 
 (c) The proceeding had better, as much as possible, conform to the 
 Summary Convictions Act, Con. Stat Can. cap. )08. 
 
 (rf) The path-master, or some path-master if more than one, is to 
 receive tlie penalty. When he receives it. it is his duty to apply it to 
 thq repair and improvement of the streets, A'*, 
 
 («) See sec. 243 and notes thereto. 
 
THE MUNICIPAL MANUAL. 
 
 249 
 
 Fii'«8, I^d- 
 (lera, &e. 
 
 Police Regulations. . 
 314. The Trustees of every Police village shall execute Fegniatious. 
 and enforce therein the regulations following : (/) 
 
 Fire. 
 
 1. Every proprietor of a house more than one story high, 
 shall place and keep a ladder on the roof of such house near 
 to or against the principal chimney thereof, and another ladder 
 reaching from the ground to the roof of such house, under a 
 ponylty of one dollar for every omission ; and a further penalty 
 of two dollars for every week such omission continues ; 
 
 2. Every householder shall provide himself with two buckets 
 fit for carrying water in case of accident by fire, under a pe- 
 nalty of one dollar for each bucket deficient ; 
 
 No person shall build any oven or furnace unless it ad- 
 
 o. 
 
 Fire bucketd. 
 
 FurnaceK,.t<' 
 
 Stove pipes, 
 Ac. 
 
 joins and is properly connected with a chimney of stone or 
 brick at least three feet higher than the house or building in 
 which the oven or furnace is built, under a penalty not exceed- 
 ing two dollars for non-compliance j 
 
 4. No person shall pass a stove-pipe through a wooden 
 or lathed partition or floor, unless there is a space of four 
 inches between the pipe and th^ wood work nearest thereto ; 
 and the pipe of every stove shall be inserted into a chimney; 
 and there shall be at least ten inches in the clear between any 
 stove and any lathed partition or wood work, under a penalty 
 of two dollars ; 
 
 5. No person shall enter a mill, barn, outhouse or stable, 
 with a lighted candle or lamp unless well enclosed in a lan- 
 tern, nor with a lighted pipe or cigar, or with fire not properly 
 secured, under a penalty of one dollar; 
 
 6. No person shall light or have a fire in a wooden house chimniea. 
 or outhouse unless such fire is in a brick or stone chimney, 
 
 or in a stove of iron or other metul, properly secured, under a 
 penalty of one dollar; 
 
 7. No person shall carry fire or cause fire to be carried into Securing nro 
 or through any Street, Lane, Yard, Garden or other Place, ^^'ough 
 
 streets, &c. 
 
 Lights in 
 stubles, &c. 
 
 (/) A Police Village is not a " Municipality" within the meaning 
 of this act. (Sec. 422, sub-sec. 1.) Nor are the Police Trustees, like 
 the memlicrs of Municipal Councils, a body corporate. (Sec 2.) A 
 Police Village is in every respect of much less importance than a 
 Municipality, such as a county, city, town, or incorporated Villoge. 
 llenco it, is that regulations, such as Municipal Councils may themselves 
 ordftin, are here ordained by the Legislature for police trustees. Liltlo 
 is left in their power or to t'leir discretion. 
 
250 
 
 THE MUNICIPAL MANUAL. 
 
 Fires in 
 streets. 
 
 Hay, straw, 
 Ac. 
 
 Ashes, Ac. 
 
 Lime. 
 
 Charcosl 
 farnaces. 
 
 Gunpowder. 
 
 Gnnpow'ler. 
 
 Certain 
 
 nui!ancos 
 
 prohibited. 
 
 without haviDg such fire confined in some copper, iron or tin 
 Tessel, under a penalty of one dollar for the first offence, and 
 of two dollars for every subsequent offence ; 
 
 8. No person shall light a fire in a street, lane or public 
 place, under a pemtlty of one dollar ; 
 
 9. No person shall place Hay, Straw or Fodder, or cause 
 the same to be placed, in a dwelling house, under a penalty of 
 one dollar for the first ofi'ence, and of five dollars for every 
 week the Hay, Straw or Fodder is suffiered to remain there ; 
 
 10. No person, except a manufacturer of pot or pearl ashes, 
 shall keep or deposit ashes or cinders, in any wooden vessel, 
 box or thing not lined or doubled with sheet-iron, tin or cop- 
 per, so as to prevent danger of fire from such ashes or cinders, 
 under a penalty of one dollar; 
 
 11. No person shall place or deposit any quick or unslaked 
 lime in contact with any wood of a house, outhouse or other 
 building, under a penalty of one dollar, and a further penalty 
 of two dollars a day until the lime has been removed, or 
 secured to the satisfaction of the inspecting trustee, so as to 
 prevent any danger of fire ; 
 
 12. No person shall erect a furnace for making charcoal of 
 wood, under a penalty of five dollars ; (g') 
 
 GUNPOWDBE. 
 
 13. No person shall keep or have Gunpowder for sale except 
 in boxes of copper, tin or lead, under a penalty of five dollars 
 for the first offence, and ten dollars for every subsequent 
 offence ; 
 
 14. No person shall sell Gunpowder, or permit Gunpowder 
 to be sold, in his house, storehouse or shop, outhouse or other 
 building, at night, under a penalty of ten dollars for the first 
 off^ence, and of twenty dollars for every subsequent offence ;(A) 
 
 Nuisances. 
 
 15. No person shall throw or cause to be thrown any filth, 
 or rubbish into a street, lane or public place, under a penalty 
 of one dollar, and a further penalty of two dollars for every 
 week he neglects or refuses to remove the same after being 
 notified to do so by the Inspecting Trustee, or some other 
 person authorized by him. (t) 
 
 iff) It ought to be an object of every householder, where a number 
 of houses are collected together, to provide against fire. It is for this 
 reason that the Legislature, in the clauses following, is so particular 
 as to details. 
 
 (h) Gunpowder, see sub-sec. 32 of sec. 29C, and note thereto, 
 (i) Nuimnces, see sub-sec. 19 of same section, and notes thereto. 
 
THE MUNICIPAL MANUAL. 
 
 251 
 
 to 
 
 ROADS, BRIDGES, DRAINS, WATER-COURSES. 
 
 What constitutes Higuways. (/) 
 
 3tS- AH allowances made for roads by the Crown Sur- 
 veyors in any Town, Township or place already laid out, 
 or hereafter laid out^ (g) and also all roads laid out by virtue 
 
 (/) Anciently there were but four highways in England, which 
 were public and common highways to all the King's subjects, and 
 througli which they might paSs without any toll. (James v. Johnston, 
 1 Mod. 231.) All others are supposed to have been made through the 
 grounds of private persons, who had a right to prescribe tolls, (lb.) 
 Highways, in the modern sense, may, however, exist, notwithstanding 
 the imposition of tolls, and are often constituted such by act of Parlia- 
 ment. 
 
 The following are made highways under the operation of this sec- 
 tion, the origin of which is sec. 12 of stat. U. C, 50 Geo. III. cap. 1 : 
 
 1. All allowances for roads made by the Crown Surveyor, Ac. 
 
 2. All roads laid out by virtue of any Act of Parliament of U. C. 
 
 3. All roads whereon the public money has been expended for open- 
 
 ing the same. 
 
 4. All roads on which statute labour hath been usually performed 
 6. All roads passing through the Indian lanus (which is very inde- 
 finite); 
 
 6. Tlie exception is where such roads have been already altered or 
 may horeafter bo altered according to law. 
 
 (ff) Before the passing of the 50 Geo. III. cap. 1, the Crown was not 
 restricted from altering the original plan of a township, although 
 already' laid out previous to making grants of lots of land therein. In 
 the original survey, allowances for roads were of course made ; and if 
 afterwards the lots were located, described and granted in conformity 
 thereto, it would be inferred that the allowances so .iiade were dedi- 
 cated by the Crown as public roads ; but if, af^er survey, tiie Govern- 
 ment deemed it expedient to abandon or deviate from the priLciples of 
 it in the future grant of the township, no law prevented the exercise of 
 such a right. (See The Kin ff v. Allan et al., 2 0. S. 90; Field v. Kemp, 
 3 O. S. 374.) But in this respect the 50 Geo. III. cap. 1, altered the 
 law, and it would now seem that if once a road acquires the legal cha- 
 racter of o highway, by reason of the original survey or otherwise, it 
 is out of the power of the Crown, by grunt of the soil and freehold 
 thereof to n private person, to deprive the public of their right to use 
 the road. (See The Queen v. The Bishop of Huron, 8 U. C. C. P. 253 ; 
 Mountjoy v. The Queen, 1 Er. «& Ap. 429; The Queen v. Hunt, 16 
 U. C. C. P. 145.) The enactment under consideration is, in some 
 respects, clearly prospective as well as retrospective ; for its lan- 
 guage is, " all allowances made, Ac, in any town, township, Ac, 
 already laid out, or lierenfter [to be] laid out, Ac." It is said that 
 the fact of a Government Surveyor laying out certain allowances ' 
 for roads or streets in tiie plan of the original survey of Crown 
 lands would be sufficient to give ^uch roads or streets the legal cha- 
 racter of highways, thougli there may have been no stakes planted 
 on the ground to mark them out, and that they would be deemed in 
 law higliways before actually opened and used, and before statute 
 
 What shall 
 
 constitute 
 
 highways. 
 
252 
 
 THE MUNICIPAL MANUAL. 
 
 ni^bwa.rii. 
 &c., VBAiediu 
 the Ciowu. 
 
 of any Act of the Parliament of Upper Canada, or any roads 
 wlierenn tlie public money lius been expended for opening the 
 same, or whereon the statute labour hath been usually per- 
 formed, or any roads passinj; through the Indian lands, shall 
 be deemed eoinmon and public highways, (A) unless where 
 such roads have been already altered, or may hereafter be 
 altered according to law. (i) 
 
 Highways vkstku in tub Crown. 
 310. Unless otherwise provided for, the soil and freehold 
 of every highway or road altered, amended or laid out, accord- 
 ing to law, shall be vested in Her Majesty, her heirs and suc- 
 cessors. (_/) 
 
 labour or public money lind been expended upon them. (IVr Robinson, 
 ('. J., in 7%c Queen v. T/ie Great Wextern Railway Compauii, 21 V. C. 
 Q. B. 577; see also The Queen v. Hunt 10 U. C. C. P. 145.) Where 
 roiul.s, coniinonl}' called trespass roads, in unsettled parts of the coun- 
 try, are used, across the land of private persons, owing to the orininal 
 allowances not being opened, when tlie iillowances in process of time 
 become opened, the riglit to exclusive possession of the tresj>ass roads 
 would appear to vest in the proprietors of the soil. (See JJorrowman 
 V. Mitchell, 2 U. C. Q. B. 1 65 ; Dawes v. Hawkins, 4 L. T N. S. 286 ; 
 The Queen v. Plunkett, 21 U. C. Q. B. 5S6.) But where a hi<?hway baa 
 been surveyed, and a road constructed which was intended to Ik; on 
 the line so surveyed, if the road be found to differ from the true astro- 
 nomical line mentioned as its course on the original survey, it does not 
 follow that the owner of the freehold is entitled to possession of the 
 part erroneously travelled, especially if user for many years be shown, 
 and considerable expenditure of public money. ( I'rousc v. Olenui/ et al., 
 18 U. C. 0. P. 560.) But roads running hitlier and thither, witliout a 
 defined course or definite boundaries, are not to be deemed common 
 and public highway,-'. (Schimn(/e v. Bowell, 2F. «feF. 845; Chapman 
 v. Cn/>ps, 2 F. & F. 8«4.) 
 
 (/i) Public money ma\' mean the money of the Government, or the 
 money of the local Municipal Corporation. Kither, it is apprehended, 
 would be public money within the meaning- of this section But it 
 must be shown that such money was lawfidly exiiended, and expended 
 for opening the road. (The Queen v. Hull, (I P., M. T. KStlrt.) If the 
 money afterward.'* CApended ujxtn it be in the nature of statute labour, 
 that of itself woviid not be enough. It must be sliown that the statute 
 labour ''hath been ukuuUi/ performed" thereon. (See The Queen v, 
 riunkclt, 21 U. C. (i. B. rA\ ; I'muse v. Gleunu, 1,3 U. C. C. P. 50".) 
 
 (i) Where it was shown that the road was oidy travelled as a tem- 
 ])orary substitute for the jjropcr allowance wliieli ran near by, and the 
 latter was afterwards opened, the eoui-t incliiieil to think that the 
 former might, within the spirit of this clause, be fairly said to have 
 been altered when the public allowance was opened, for which it had, 
 for mere convenience, been substituted. [The Queen v. Plunkilf, 21 
 U. C. Q. B. mc.) 
 
 ij) The soil and freehold of a highwav. at common law, renmins in 
 the owner of the land. {Laile v. Shephenl, 2 Str. 1003 ; Every v. >Suiilh, 
 
THE MUNICIPAL MANUAL. 
 
 253 
 
 Jurisdiction or Municipalities. 
 
 317. Subject to the exceptions and provisions hereinafter JurudicUon 
 contained, every Municipal Council shall have jurisdiction councils!'''''' 
 over the original allowances for roads, highways and bridges 
 
 within the Municipality. (^') 
 
 JURISDICTION RESTRICTED. 
 
 * Provincial Roads under Board of Works. 
 
 318. No Council shall interfere with any Public JRoad or Hoads uiia<T 
 IJridge vested as a Provincial Work in Iler Majes'ty or in any vvOTkon'ot to 
 Public Department or Board, and the Governor shall by order bointerftrtd 
 in Council have the same powers as to such Road and Bridge * ' 
 
 as are by this Act conferred on Municipal Councils with 
 respect to other Koads and Bridges ; (/) but the Governor may 
 
 26 L. J. Ex. 344 ; Borrowman v. Mtcfidl, 2 U. C. Q. B. 155 ; Dawes v. 
 Hawkins, 4 L. T. N. S. 288 ; The Queen v. Plunkett, 21 U. C. Q. B. 636.)^ 
 By this section it is provided that the soil and freehold of eve^-y high- 
 wny or road, altered, amended or laid out according to law, shall be 
 vested in Ilur Majesty. By sec. 338, it is provided that every public 
 public road, street, oridgo or other highway shall be vested in the 
 municipalit}', subject to any rights in the soil which the individuals 
 who laid out such road, street, bridge or highway reserved. Between 
 the two there is an apparent inconsistency. They may perhaps be 
 reconciled by reading the section here annotated as applicable to roads 
 laid out by public authority of some kind, and sec. 338 to roads laid 
 out by private individuals over their own land. (Per Burns, J., in 
 llie Corporation of the Town of Sarnia v. Tfie Great Western Ra'dmay 
 Company, 21 U. C. Q. B. 64; miton et al. v. Buck, Q. B., M.T. 1866.) 
 The right of the public in either case is simply to use the road for the 
 purpose of a highway. A user for different purposes, such as exca- 
 vating soil, (tc, would subject the person so using the road to an 
 action of trespass at the suit of the owner of the freehold. ( Cox v. Glue, 
 5 C. B. 633.) But a plaintiff cannot maintain ejectment for a portion 
 of a public nighway. ( The Corporation of the Toton of Sarnia v. The 
 Great Western Railway Company, 21 U. C. Q. B. 59 ; Mtzgibbon v. The 
 Corporation of the City of Toronto, 25 U. C. Q. B. 137.) As to the 
 sale of lumber on the road allowances, see sec. 333, sub-sec. 10. 
 
 (k). The control of the public highways has been by the Legislature 
 committed to the Municipal Corporations. They have, subject to the 
 reservations in sees. 318 and 319, been entrusted with almost unlimited 
 power of dealing with existing roads and opening new ones. (Per The 
 Chancellor, in Attorney-General v. The Nepean Road Company, 2 Grant, 
 635. ) The jurisdiction may bo joint or exclusive (see sees. 329, 341 ), or 
 joint (sec. 329). The Corporation of a county is liable to damages for 
 neglect to keep in repair a county road or bridge {Harrold v. 2ne Cor- 
 poration of the County of Simcoe and Tlie Cor/ioration of the County of 
 Ontario, 16 U. C. C. P. 43), and may maintain an action for an injury 
 wrongfully done to a county road or bridge {TJie Corporation of Wel- 
 linglon v. Wikon et al., 14 U. C. C. P. 299; S. C. 16 U. C. C. P. 124). 
 
 (/) Among the exceptions to public roads, &c., being under the 
 
254 
 
 THE MUNICIPAL MANUAL. 
 
 by Proclamation declare any Public Road or Bridge under the 
 control of the Commissioner of Public Works, to bo no longer 
 under his control, and in that case after a day named in the 
 Proclamation, the Road or Bridge shall cease to bo under the 
 control of the Commissioner, and no tolls shall be thereafter 
 be levied thereon by hira, and the Road or Bridge shall thence- 
 forth be controlled and kept in repair by the Council of the 
 Municipality, (m) 
 
 Roads on Ordnance Lands. 
 
 319- No Council shall pass any By-law (1) for stopping 
 up or altering the direction or alignment of any street, lane or 
 thoroughfare made or laid out by Her Majesty's Ordnance, or 
 the Principal Secretary of Slate in whom the Ordnance Estates 
 are vested under the Statute of this Province, passed in the 
 nineteenth year of Her Majesty's Reign, chapter forty-five, or 
 the Consolidated Statute of Canada, chapter twenty-four, 
 respecting the Ordnance and Admiralty lands transferred to 
 the Province ; (2) or for opening any such communication 
 through lands held by the said Principal Secretary of State, 
 or (3) interfering with any bridge, wharf, dock, quay or other 
 work constructed by Her Majesty's Ordnance, or the said 
 _ Secretary of State, or (4) interfering with any land reserved 
 tionedbythe for Military purposes, or with the integrity of the public de- 
 Enjinecr, fcuces, Without a written consent signed by the Principal 
 Officer, Ac. OflScer of the War Department, acting in Canada under the 
 authority of such Secretary of State, certified under the hand 
 of the Commander of the Forces in Canada to be such Princi- 
 pal Officer and to be acting under such authority, and a By-l;(W 
 for any of the purposes aforesaid shall be void unless it recites 
 such consent, authority and certificate, (n) 
 
 Nor Ord- 
 nance lands 
 road«, &c. 
 
 Unless sanC' 
 
 jurisdiction of Municipal Councils, aro public roads, «tc., vested as pro- 
 vincial xcorks in Her Majesty, or in any public department or board, 
 such as the Department of Public Works. Over these the Governor 
 General of the Province is to have the same powers as are by this act 
 given to Municipal Councils with respect to other roads, «fec. 
 
 (m) This provides for the transfer of a provincial road to tiio Muni- 
 cipal Council of the Municipality in which it is situate— so far as this 
 section affects it, it was originally taken from statute 13 <fe 14 Vic. 
 cap. 16, sec. 2. Sec sec. 229 and notes thereto. 
 
 (n) The object of tliis section is to protect roads, t&c, laid out 
 through Ordnance Lands. The Ordnance Transfer Act of 1 856 divided 
 Ordnance Lands into two schedules ; the first schedule comprising all 
 lands vested in one of Her Majesty's principal Secretaries of State, and 
 the second such lands as are reinvested in the Crown for tiic pnblic 
 uses of the province. (See Con. Stat. C. cap. 36.) 
 
THE MUNICIPAL MANUAL. 
 
 255 
 
 What Roads not to bk Closed. 
 330. No Council shall close up any public road or high- coudcU not 
 .fay, whether an original allowance, or a road opened by the ^ "'"^J^* 
 Quarter Sessions, or any Municipal Council, or otherwise individuals 
 legally established, whereby any person will be excluded from J^' «8w*»> 
 ingress and egress to and from his lands or place of residence 
 over such road, but all such roads shall remain open for the 
 use of the person who requires the same, (o) 
 
 Not to Encroach upon Houses, «feo. 
 
 391- No Council shall authorize an encroachment on Nor to 
 any dwelling-house, barn, stable, out-house, orchard, garden, *'""*^*''--g 
 yard or pleasure ground, without the written consent of the Ac 
 owner, (p) 
 
 (o) Tlie power of Municipal Corporations to close up highways is 
 not unlimited. The Legislature hni determined that the rigiits of pri- 
 vate persons under certain circumstances shall be respected. The 
 limitation is here in favour of individual proprietors of land. No road 
 is to be closed up " whereby any person shall be excluded from ingress 
 and egress to and from his lands," &c. The next section is in like 
 manner designed to prevent an encroachment on any dwelling house, 
 barn, stable, entrance, orchard, yard or pleasure ground. 
 
 (/)) This section is also for the protection of private rights as oppo- 
 sed to public convenience. Unless there be a written consent from 
 the owner, no Council is to authorize an encroachment on any dwelling 
 house, (fee. But it is not in the power of a person apprehending that 
 a road is intended to be laid out through his land to prevent the 
 Municipal Council effecting a public improvement by putting up an 
 outhouse where it is not required, or planting a few trees where ho 
 had never thought of planting them before, and where he never would 
 have planted them except for the purpose of obstructing the improve- 
 ment. (Per Robinson, C. J., In re Lafferty and the Municipal Council 
 of Wentworth and Halton, 8 U. C. Q. B. 232.) Where the orchard was 
 planted eighteen months after the owner of the land knew that it was 
 desired to lay out a road through his land as one that would be con- 
 venient to the public, and after the precise line as afterwards estab- 
 lished had been selected and surveyed, the Court refused to quash the 
 by-law. {In re Lafferty and the Municipal Council of Wentworth and 
 Halton, 8 U. C. Q. B. 232.) The Municipal Council of the Township 
 of York passed a by-law, causing a road to be surveyed and laid out, 
 on the petition of the owners of the land in the neighbourhood, which 
 passed through applicants land, and he made his application to quash 
 the by-law on the ground that the road as laid out encroached upon 
 his garden and out-nouse, and also covered the ground on which he 
 had a toll house standing. The applicant was heard in person by the 
 Municipal Council against the passing of the by-law authorizing the 
 opening of the road as laid out, when he objected generally to the 
 opening of the road, but did not object to it on the ground that it 
 encroached on his buildings and garden. By the affidavits it appeared 
 that the road had been opened a number of years before by applicant's 
 
256 
 
 THE MUNICIPAL MANUAL. 
 
 Width of 
 rcadi. 
 
 Width of Roads. 
 
 333. No Council shall lay out any road or lane more than 
 ninety nor less than thirty feet in width ; but any road, when 
 altered, may be of the same width as formerly, (y) 
 
 Notice to be given of By-Laws intended to affect Public Roads. 
 
 t^he'^vln* 333. No Council shall pass a By-law for stopping up, 
 of byihWH altering, widening, diverting or selling any original allowance 
 'ff-ct public ^^^^ road, or for establishing, opening, stopping up, altering, 
 rouiig. widening, diverting or selling any other public highway, road, 
 
 street or lane : (r) 
 
 fnthcr nnd had been travelled, and ttint applicant sinco h'xa father's 
 dentil hudclinrg;cd toll to those using the roud. It also apijcarcd that 
 the only building the road encroached upon was a small hen house of 
 little value, and jjassed over the ground occupied by the frame of the 
 ])roposed toll-house. The old road as travelled varied from 29 to 85 
 feet, and, in defining the width of the road so to be opened, it encroach- 
 ed slightly on plaintiff's private jtroperty. The court on these facts 
 being laid before them refused to quash the by-law for opening the 
 road: (Scarlett v. Tfie Corjm'ation of York, 14 U. C. C. \\ It'.l.) 
 The Court of Chancery on a proper case being made out for their 
 interference no doubt would grant an injunction to prevent a violation 
 of the provisions of this section. (See Wdson v. Town Council of t/w 
 Ihwn of Port Hope, 2 Grant, 370.) 
 
 {(]) A by-law opening a new road should on the face of it show the 
 widtl» of the road [In re Smith and the Municipal Council of Enphemia, 
 8 U. C. Q. B. 222), and should, it seems, when it authorizes a road 
 through a man's land, show where it enters and what course it takes. 
 (Dennis v. Hur/hrs ct al., 8 U. C. Q. B. 444.) All by-laws authorizing 
 new roads should, either by reciting the whole description of the road 
 given in the survey or report, or by describing it fully, whether such 
 by-laws refer to the report or not, make it plain to every one that sees 
 the by-laws where the road is to run and how wide it is to be, and 
 should not leave the information to be gleaned from documents not 
 referred to in the by-laws as annexed and not in fact annexed. {In re 
 Jiro.en and the AInnicipal Council of the County of York, 8 U. C. Q. B. 
 596 ; Mclntyre v. The Municipal Council of Bomnqitet, 11 U. C. Q. B. 
 4f)0.) The same strictness does not of course apply to n by-law 
 closing up an old road. (Fisher v. The Municipal Council of Vauffhan, 
 10 U. C. y. B. 492.) Where the road was not sufficiently described, 
 but it appeared that on the ground it was defined by fences on each 
 side, and had been travelled for eight years, the court refused to quash 
 the by-law. (Ifodquon v. The Municipal Councils of York, Peel and 
 Ontario, 13 U. C. Q. B. 268.) 
 
 (r) It ou";ht to be observed that notice is requisite, not only before 
 a Council shall pass a by-law " for stopping up, altering, widening, 
 diverting or selling any original allowance," but " for establishing, 
 opening, stopping up, altering, widening, diverting or selling any other 
 public highway, road, street or lane." Under the old acta it was held 
 that no notice was necessary before passing a by-law to open a now 
 
 
THE MUMiai'AL MANUAL. 
 
 257 
 
 1. Until written or printed notices of the intended By-law 
 ^iiiwo been posted up one month previously in six of the most 
 public places in the immediate neighbourhood of such original 
 allowiuico for road, street or other highway, road, street or 
 lane; (s) 
 
 rublicatiiin. 
 
 vond ; tlic clausn llion in force only applying to bylaws " for etoppinp 
 ii[), iiltorin>jf, widening or diverting a road." Ac. (Dennis v. Ilurjhcs 
 it nl., 8 U. C. Q. H. 411.) It seems that a road is not made, Ac, when 
 IX hy-luw autliorizinc; tlio making of it is passed, but only that it \h 
 aiitliori/ed to be made, ttc, by the projjer olHcer acting in a rcasonnblo 
 inaniiir. (//'.) As to stopping up, «tc., it is not necceeary for liio 
 ("oiiiiLil to do more than close or abolish the hif(l\way by tluir funct- 
 ment. They are not reipiired to fence it in, or to i)lace any phynicul 
 olisfruction in the way of persons passing. They only put nn end to 
 \\\o, ri^lit of \ising it, and consequently to all obligi»tion on the part of 
 any person to respect it as a highway. The conveying away the former 
 liiu! of road, where they have authority to do so, is a distinct mnttiT 
 iiltogetlicr, and not necessary to the extinction of the right of way. 
 (Joluislou V. nemn- d id., 10 U. C. Q. B. 101.) Both Counties and 
 Townships have power to stop up original allowances for rondn, andto 
 s^ell the same (see sees. 341, o45) ; but if by a Township Council, there 
 imi.;t be eontirmation by the County Council (sec. 345, sub-sec. 2). 
 
 (s) Tlie Court, on an application to quash a bylaw, will assume that 
 the Council iiave acted regularly in their preliminary proceedings till 
 th(! contrary bo shown. {In re Laffcrly uiul the Munkipnl Council of 
 Wcitirorlh ami llalton, 8 U. C. CJ." B. 232; Fisher v. The Munidpul 
 Comiril of Vaughnn, 10 U. C. Q. B. 492.) It would be well, however, 
 that the Corporation should in every case i)reserve proof of regular 
 notices by aftidavit of the person employed to put them up. (Per 
 Uobinson, C. J., in Li re Laffcrty and the Municipal Councilof Wcntworth 
 ami JIallon, 8 U. C. Q. B. 235.) Where applicant, attacking a by-law, 
 ventured to go no further than file an aflidavit of a person who said he 
 luul no recollection of seeing any notice, without assertmg his belief 
 that due notice had not been given, or taking any means whatever to 
 ascertain whether or not the notices were put up, the Court refused to 
 iiitorfero. {Finhcr v. The Municipal Councilof Vaiighan, 10 U. C. Q. B. 
 4'.12.) 8o where applicant did not positively negative any notices 
 liaving been put up, the Court rcfiised to interfere, although the Muni- 
 cipal Council did not prove that six notices were put up. {Pnrler v. 
 Th cMunicipditics of the United Townships of I'itt.iburr/h and If a we Island, 
 s U. ('. C. P. 517.) To a declaration in trespass (ptare clmmcm frc(jit, 
 the defendant filed several pleas, justifying the trespass as done by 
 iiim as servant of the Municipal Council of the United Counties of 
 Wentworth and llalton, and by their command, in pursuance of a by- 
 law passed on 31st January, 1850, in accordance with the provi.Mons 
 and requirements of the Municipal Act of 1849, which came into force 
 on 1st January, 1850. Held on demurrer that it was a valid objection 
 to the several pleas, that they did not show a calendar month's notice 
 given previous to the passing of tho by-law ; that on the contrary they 
 imported on the face of them that it could not have been given, 
 because the by-law was passed within a month after the Municipal Act 
 of 1849 came into operation. {Lafferty v. Stock, 3 U. C, C. P. 1,) 
 
 17 
 
258 
 
 T»K MUNICIPAL MAPrtTAL. 
 
 1.0 iiim*. 
 
 PurtiM to be 
 litnrd. 
 
 Clf rk to glT6 
 ttie DoUct). 
 
 ?ower to 
 admioister 
 rntbn ia 
 i3 imputes 
 rtppecting 
 lioantlttrios. 
 
 2. And published weekly for at least four successive wcolcs 
 in sonDO newspaper (if any there be) published in the Munici- 
 pality ; or if there be no such newspaper, ihcn in a nuw><pupcr 
 published in sonie neighbouring Municipality; (/) 
 
 3. Nor until the Council has heard, in person or by (\iuncil 
 or Attorney, any one whose land might be prejudicially affec- 
 ted thereby, and who petitions to be so heard ; (u) 
 
 4. And the Clerk shall give such notices, at the request of 
 the applicant for the By-law, upon payment of the reu.suiiable 
 expenses attendant on such notices, (v) 
 
 I» D18FVTE8 Resfeotino Roads — Wuo mat swear Witnessks, «fec. 
 
 394t In case of disputes in any Municipality, concerning 
 roads, allowances for roads, side lines, boundaries or conces- 
 sions, within the cognizance of and in the course of invc.-^tiga- 
 tion before a Municipal Council, the head of the Council luay 
 adraininter an oath or affirmation to any party or witness 
 examined upon the matters in dispute, (a) 
 
 ■nI 
 
 (/) It will bo obacTVcd that tho statute does not fix any number of in 
 Bcrtions of tho by-law in a newspaper, but tlio publication wei-lily for 
 ft fixed period, viz., " at least four successive wcelis." If, therefore, tiio 
 final publication bo on a Saturday, tliat week would expire on tho 
 following Friday, and so for each snccessive week. A notice fir.st 
 published on the 12th January, for Tuesday, tho 7th February, was 
 held not to be a publication for " four consecutive weeks." {In re Coc 
 and the Corporation of the Township of Pickering, 24 U. C. Q. 15. A'.Vi.) 
 
 (?♦) Where applicant, being aware of tho day of the passing of a 
 by-law, gave notice that he intended opposing the same, biii took no 
 further steps in opposition until making an application to the Court to 
 quash tho by-law, his rule was discharged. {Parker v, Tht Mnnkipali- 
 ilea 0/ the United Townships of Pittsbunjh and Howe Island, 8 IJ. C. C. P. 
 517 ) Where tho poraon intending to oppose a by-law to open a road 
 appeared before tho Council and took only general grounds of opposi- 
 lion, the Court afterwards, when ho applied to quash the by-ltisv on 
 crrounds more specific, declined to interfere. {In re Scarlett and (he 
 ^Corporation of the Township of York, 14 U. C. C. P. 161.) 
 
 (v) The right of the Clerk is to exact "tho reasonable expenses 
 Attendant on such notices." Tho municipality has no riglit to tlu-ow 
 the expense of opening the road on tho petitioners. {Lafferty v. Slock, 
 3 U.C.C.P. 1.) Where it is the clear duty of a Municipal Council to make 
 a road, the Court may gra^t a mandamus to compel the performance 
 of that duty. {In re Municipality ofAupista and the Municipal Council 
 of Leeds and Orenvilh, 12 U. C. Q. B, 522.) The Council, in opening 
 a road, must act by by-law. {The Queen v. Eankin, 16 U. C. Q. li. 804.) 
 
 (a) There is some obscurity in this section. It is not intended to 
 give Municipal Councils jurisdiction to try and determine disputed 
 boundaries, dec., but onlj to infitituto such an investigation respecting 
 8ucb roads or liqi|tt(j#^; As nre material to the exercise of the jurisdic- 
 
 fP%'^ 
 
^1^ 
 
 THE MUNICIPAL MANUAL. 
 
 259 
 
 CotirENSATION FOR LaNDB TaKKN. , 
 
 HfiSi- Every Council shall ranke to the owtiors of real pro- Own«r«ot 
 perty entered upon, taken or used by the Corporation in the loblj'com'"' 
 exercise of its powers in respect to roads, streets and other ihhuwuki. 
 public coinmunioations, or to drains and common sowers, due 
 cuinpcnsatirn ior any damages neccsi-urily rcsuUin;^ from the 
 cxorciriu of Buci> poworn, beyond any advantage which the 
 eluitnaut may derive from the contemplated work; (6) and 
 
 tion which tho Councils possess. The section is founded on sec. 120 
 of tiie old Act 12 Vic. cup. 81, which was not in tho original bill, as 
 introduced in 1849, but was inserted before tho bill becnmo law, by 
 some person who had no clear idea of what ho was doing. 
 
 (h) Where a statute authorizes acts interfering; with private righf 
 of property, nil such acts are to be taken strictly ; and the persons 
 justifying under tho statute must show themselves to be right in every 
 thing done by them. (Deimia v. IJughet clai, 8 U. C. Q. B. 444.) The 
 power of a Municipal Council to refer proprietors to private parlicH 
 for compensation is, to say the leost of it, very doubtful. (76. ; Laf- 
 fvrty V. Stock, 3 U, C, C. P. 1.) But a by-law closing up an old road 
 ond directing that tho parties applying to have the road enclosed 
 should i)ay the expenses, is not necessarily bad. (FMcr v. The Muni- 
 vipal Council of Vaughan, 10 U, C. Q. B. 492.) A party who accepts 
 a sum of money in satisfaction of his right to land taken for a road, 
 ttc, is not allowed afterwards to contend that the road was illegally 
 liiid out, by reason of want of notice or other formality. {McGrath 
 V. T/ie Jfunicipalittf of the Township of Brock, 13 U. C. Q. B. 629.) 
 Owners of land upon a highway have no claim to compensation for 
 onytlung done by a Municipal Corporation in tho proper exercise of 
 its ])owers within the line as originally laid out. ( The Queen v. The 
 Mutiicipal Council of Perth. 14 U. C. Q. B, 156.) Thus where the 
 etlVct of grading a rood is to roise or lower it several feet along appli- 
 cant's house he is not entitled to any compensation. {lb.) So wiiere 
 in the repair of a street, water was made to overtlow plaintiff's land he 
 was held not entitled to recover unless it be shown that the work done 
 exceeded such a repair as was necessary. ( Croft v. The Totvn Council of 
 Peterborough, 6 U.C. C.P. 86.) If the work done exceed ordinary repairs 
 a by-law would appear to be necessary. (Jb.) So where, while work 
 of repair was going on, stones and other materials collected for it were 
 carried into plaintiff's raceway by a violent storm, the Corporation wus 
 held not to be liable. {SHOok et al. v. The Town Council of Brantford, 
 14 U. C. Q. B. 255.) "The Municipal Council may pass by-laws for 
 the purpose of repairing any road or bridge within its limits, a2id for 
 entering upon, breaking up, taking or usmg any land in nnj' way 
 necessary or convenient for that purpose, subject to the restrictions l-\ 
 the act contained. (Sec. 333, sub-sec. 1.) But it is not in the power 
 of the Municipal Corporation at their pleasure to drain a highway 
 upon the lands of an adjoining proprietor without compensation to 
 him for it. {Brown v. The Municipal Council of Sarnia, 11 U, C. Q. B. 
 87; Anderson v. Tlie Great Western Railway Company, lb., 125 ; Per- 
 due V. The Corporation of Chinauacomy, 26 U. C. Q. B. 61.) 
 
n 
 
 2'i(l lUK MUXICII'AL MAXrAL. 
 
 iiny diiini for such compensation, if not mutunlly nuii'cil upon, 
 shall ho deterniincd by arbitration under this Act. (^c) 
 
 TiTi.Ks TO Land ok Infan'Ts, itc, i jv- A((jni:i:i'. 
 
 Ti'i.'ti.iitris J^^O. In the case of real property, which a ('<>mi(.'il lins 
 t:ii.iMi. autliority under this Act to enter upon, take or use, witlimit 
 
 the owner's consent, Corporations, Tenants in tail or i'nr lilt-, 
 Guardians, Committees nnd Trustees, shall, on bchall nf tliem- 
 solvcs, thoir successors and heirs respectively, and on hcliail" 
 of those they reprcseut, whether infants, issue unbi>rn, lunatic, 
 idiots, nuirried women or others, have power to act, as well in 
 riMorcncc to any arbitration, notice and action under this Act, 
 as in contracting for and conveying to the Council any such 
 real property, or in agreeinij as to the amount of daningos 
 aiisinij from the exercise by the C(^uncil of any power in res- 
 pect thereof, (d) In case there is no such person wlio can so 
 
 (r) 'ri\p court set aside an award ai^ainst a Municipal C'or|ioratioii 
 a> to il!iiiiii<i'cs in favor ol" a person tlu'ougli wliosc lainl a road liad 
 !)poi\ (ipciuid wlic-.'C it appeared tliat no notice had been uiven to tin! 
 Mnnlfiiiul < 'orporntion of tiie meeting of tlie arbitrators. (Iii re 
 Ji)/i)if!iiii anil (he Matricipality of Gloiicta.'cr, 12 U. C. C^. 1$. 135.) A 
 .Municipal ("onneil l)y by-law opened a road across ))laintili"s property, 
 and arl)itraturs were appointed, one by the council, one by the plain- 
 titi, and the third by tiie Judge of the County Court, to doterniine 
 what eoiupensation siioidd be paid him. Afterwards a resolution was 
 piir^sfd l)y the Coimeil that the arbitrators so chosen should be instruc- 
 ed to tak<! into consideration the damage to the plaintiirs crops, so 
 that all difu'i'ences tu'ght he settled, and they awarded separate sums 
 for the opening of the road nnd for damages. Jlcltl, in an action of 
 debt on tiie award, that the Corporation could not under the plea of no 
 aw.inl ilisputo the arbitrators autliority to award tlu latter sum. 
 ( III ilijsoii V The .)fHHicipalify of '.fic Township of WhMi/, 17 L'. C. Q. 15. 
 tioH.) QiKcr whether the resolution was binding on the .Council as 
 a reference. (//>.) Where in a similar action it appeared that phiin- 
 tilf n.inii'd one arbitrator and the reeve another, and they being unable 
 to iigree on the third, the C'ounty Judge appointed the thinl, and tho 
 tif.^l ; 11(1 third neutioned arbitrators made an award in favour of 
 piiiiiititF for £40 <or compensation for land taken for a rt)ad, it was 
 iield that plaintiti' was entitled to recover. {Uarpcl v. The Muuii-ipu- 
 (it:/ I'/thv ToiviiMp <>/ J'ortlanil, 17 U. C. Q. li. 45.5.) Afterwards the 
 <!ounc'il called another meeting of the arbitrators when all three at- 
 tendud, nnd the two first mentioned arbitrators made an award giving 
 plaintiti' only £'<i 10s., it was held that the second awax'd was invalid. 
 
 ((/) Where land is required for a public purpose, it is a very common 
 jirovision that persons not otherwise entitled to convey an estate in 
 iVe simple shall, for the [)ublic jiurposes specitied, have jiower to do 
 p). Tlie power of the jiersons described in this section to do so iri 
 confined to land which the Municipal Council has authority under this 
 suction to enter upon, take or use, without the owner's consent. 
 
THE MUNICIPAL :MANUAL. 
 
 201 
 
 act ill respect to such real property, or in case any person 
 interested in respect to any such real property is absent iVotn ifHiereVono 
 this Province, or is unknown, or in case liis residence is un- p«rt.v ^iso 
 
 cut! t'OUYftVi 
 
 known, or he liinisclf cannot bo found, the Judge of the 
 County Court for the County in which such property is situate, 
 may, on the application of the Council, appoint a person to act 
 in respect to the same for all or any of the said purposes, (r) 
 
 iiHT- In case any party actinj; as aforesaid has not the Wherp« 
 absolute estate in the ])roperty, the Council shall pay to him lif.riuteresl 
 the interest only at per centum per annum on the amount to ""'r- 
 be jtaid in respect of such property, and shall retai!i the prin- 
 cipal to be paid to Uie party entitled to it •whenever he claims 
 the saine, and executes a valid ac(iuittance therefor, unless the 
 Court of Clianeery, or other Cimrt havinfr equitable jurisdiction g„niaward- 
 in such cases, do in the mean time direct the Council to pay the <a. jjow to le 
 same to any person or into Court; (/) and the Council shall "PP"'^' 
 not be bound to see to the u|ijilication <jf any interest so paid, 
 or of any sum paid under the direction of such Court, (r/) 
 
 JliJH. All sums atrrced upon or awarded in respect of such r:i""'=''''"" 
 
 1 1 11 1 1 • .1 !• •, .• 11 tlic imich.Hsy 
 
 real property, sluill be subject to the limitations and cliarges m.ney. 
 to which the property was subject; (//J 
 
 ((') Wlifii no poi'son ciititlt'd, uiulor the ])roviiioiia of lliia act, to 
 convey the hind required can be fouad, the County Jud^^e niiiy, on 
 iilipliciitjcn of tlie C<)u»!cil, " a|)[)oint a por,son to act in respect of the 
 same, for all or any of the said ])iirposeB." 
 
 ( /■) A rniUvn;,- f ,.mpany nfrreed to pay ti land owner, tenant for life, 
 a sum of money or the hencft of him or other the owner for tin' lii.ie 
 heiiifj, for indemnify injif him from the expense of maldng a new road, 
 tte., and as a compensalion for tiic annoj'nnco which he or hucIi other 
 owners might sustain in consequence of the construction of the railwiiy: 
 and the company agreed to pay a further sum as the price of the houl 
 taken. I5olh sums were paid into court. The npjtlication of the tenant 
 for life for llie absolute payment to him of the tirst sum was refused. 
 The eosts of the road, itc. were paid out of it, and the rest invested. 
 (7i*f Ditir of Marlbor:)>ifjh Etttatcs, 1 8 Jnr. 738.) 
 
 ((■/) This is a wise provision. It is a rule in equity that a jierson 
 jiaying money to a tru.stee, ite., is bound to see to the apjdication of 
 the money. This has been found to work such hardship, that as be- 
 tween individuals it is now enacted that a person paying money upon 
 an expresr, or implied trust, is not bound to see to the ni>p1ieatioii or 
 be answerable for the misapplication thereof, unless the contrary is 
 cxpre.-^sly declared by tiie instrument creating the trust. (Con. I'fat. 
 U. C. cap. OO, sec. 9.) In the same spirit it is, by the section under 
 consideration, enacted that a Al\iniei]ml Council I'aying money, «tc,, as 
 anliioi'i/.ed by the section, shall nol, i)e bound to see to the application 
 thereof, 
 
 (A) In the absence of special clauses for that purpose, the etVect of 
 
 .-J 
 
2G2 
 
 THE MUNICIPAL MANUAL. 
 
 ! 
 
 Joint Jurisdiction over Roads. 
 
 j;.iiit juris- 330- In case a road (i) or bridge lies wholly or partly 
 
 o'rtain roads between a County, Town, City, Township or incorporated 
 
 Village, and an adjoining County, Town, City, Township or 
 
 incorporated Village, (7) the Councils of tha 3Iunicipalities 
 
 a provision enabling n person under disabilitj^ <fec., to convey land for 
 some authorized public purpose, is not to alter the courHO of devolu- 
 tion of property without the consent of the owner ; and therefore if a 
 Municipal Council, railway company, Ac, contract with in'riiJiicitrLed 
 persons for tha purchase of land, the money is in equity 1. he cunsi- 
 ilered as real and not as personal estate. {Midland Counties liailwaif 
 Company v. Oswin, 8 Jur. 138.) Money paid into court by a railway 
 (.ompany. for land taken from a person who was in a state of ineiitul 
 imbecility, and who continued in that state until h'" death, but was 
 not the subject of a commission of lunacy, was c i<;ii tl ;'''ter liis death 
 not to be reinvested in or considered as land, '■■»' '■■ be paid to iiis 
 executors. {In re Hast Lincolnshire Raihoay Act, 1 &,m. N. S. '2C(>.) 
 Money paid into court for land taken under the compulsory powers of 
 the English Act 5 <fe 6 Wm. IV. cap. fi"), for a Poor Law Union, during 
 the life of a tenant for life, who by the failure of intermediate litnita- 
 tlons became tenant in fee simple, passed as real estate to his heir. 
 In re Horner's Estate, IG Jur. 1003.) Where the purcliase money of 
 land taken under the compulsory powers of an act of Parlianicnt, for 
 pviblic purposes, is paid into court subject to be reinvested in tlio pur- 
 chase of land, free of expense to the parties beneficially interested, on 
 their petition, it is impressed with real uses, and is prima facie to be 
 treated as real estate. (In re Stewart's Kstates, 16 Jur. Ifltlo.) If the 
 person absolutely entitled to money for land has a right to elect to 
 take it as jiorsonalty, a mere acquiescence in its remaining invested in 
 consols during his life, an«l Iiis will, by which he hc(|ueatlis jxT-^unal 
 estate only, and does not devise realty, are not such proofs of election 
 as to prevent the funds descending on his death to his heirs, [lb.) 
 
 (1) The act appears to apply to unopened as well as open roads. 
 {In re Corporation of the Counti/ of Waterloo and the Corporation of the 
 Count;/ of lii-ant, 23 U. C. Q. B. 537.) 
 
 (_/■) The Legislature here speaks of road or bridge, as twn distinct 
 things. They do not speak of bridges •. hieh form part of a road lying 
 wholly or in part between Counties, tc. As, therefore, the " road" 
 and " bridge " aro spoken of as distinct things, the disjunctive jjarticle 
 i)cing used, it is the same as if eacjh had been treated of in a si-parate 
 clause. Thus, " If a bridge lies ichully or partly between a county, 
 itc, the Councils of the municipalities between wiiicli the bridge lies 
 shall have joint jurisdiction over the same, «te." The act, arcurcliiig 
 to this reacling, is inapplicable to a bridge, though on a road hi'twccii 
 two counties, Ac. {In re the Corpoj-ntiim of th' f'oitnly of Draiit and the 
 Corporation of the County of Waterloo, 19 T". C. Q. 15. 45(1.) So the 
 section is inapplicable when the roiiil is wholly in the ww nnniici- 
 p.diiy. {The Chnrchwardenn of St. Ciurytx Church v. The Cori>orntion 
 of the Comity of Grey d al, 21 U. V. Q. B •2C..').) When the obligation 
 is joint, it must be proved as laid. ( Woo'h v. The Munirijiality of 
 Wentioorth and the Corporation of Hamilton, U. C. C. P. 101.) 
 
 i 
 
THE MUNICIPAL MANUAL. 
 
 263 
 
 between which the road or bridge lies, shall have joint juris- 
 diction over the same, (A;) although the road or bridge may so 
 deviate as in some places to be wholly or in part within one 
 or either of them. (?) 
 
 330- No By-law of the Council of any one of sach Muni- "ou* Coun- 
 cipalities with respect to any such last mentioned road or wncuHn 
 bridge, shall have any force until a By-law has been passed in ^yiaw* 
 Similar terms as nearly as may be, by the other of the Uoancils th«m. 
 having joint jurisdiction in the premises. (U) 
 
 331. In case the other Council, for siz months after notice Arbitration 
 of the By-law, omits to pass a By-law in similar terms, the Bo'u^ncur. 
 duties and liabilities of each Municipality io respect to the 
 road or bridge shall be referred to arbitration under the provi- 
 sions of this Act. (wi) 
 
 PowERa OF Tov/.NSHiP, Town and Incorporated Village Oooncils 
 uKSPECTiNO Roads, Bridges and Works. 
 
 By-laws 
 
 332- The Council of every township, town and incorpor- respecting 
 
 ated village may also pass By-laws : (w) lubo'ur. 
 
 ( t) It is dosbtful if the words nsed in tliis section, conferring joint 
 jurisdiction, mean anything more than that the municipalities lointly 
 interested are to concur in any regulation necessary to b^ applied to 
 the road or tjridge in regard to tolls or otherwise. {In re Corporation 
 of Bran* and Corporation of the Coimfi/of Waterloo, 19 U. C. Q. B. 450.) 
 13nt the words "duties" and "liabilities," as used in section 331, 
 may be held to give a more extend id meaning to them. 
 
 {I) It would seem that the sectic n only applies where the deviation 
 has been made to obtain a good line of road, not in order to suit the 
 convenience of either municipality, (Per Robinson, C. J., In re Corpo- 
 ration of the County of Braut and th^ Corporation of the County of 
 Waterloo, 1 9 U. C. Q. B. 460.) 
 
 (II) In case the other municipality omit, for six months after notice, 
 to pass a by-law on similar terms, the duties and liabilities of each 
 TDunicipality must be determined by arbit. ition under this act. (Sec. 
 331.) As to the meaning of tl>e words "joint jurisdiction," see note k 
 to sec. 329. 
 
 (/«) Whether or not the arbitrators have power in resoect to a 
 bridge; to direct where and at »vhat cost the bridge shell be built, and 
 to compel tlie respective niunicipnlities to contribute, ia doubtful. 
 (In re Corporation of the County of Brant and the Corporation of the 
 Coioifi/of Waterloo, 19 IT. C. Q. B 450.) But where the road or bridge 
 is wholly within cither municipality, tliere is clearly no jurisdiction 
 to malic any award. (I/i.) 
 
 (n) This section apiUies to all municipalities except counties and 
 cities. 
 
 i 
 
2G4 
 
 THE HUNICTI'AL SrASlAr.. 
 
 Statute Laboch. 
 
 vohinfiiry 1, For empowering any person (resident or uon-re.'-idont) 
 
 commutation jj.,|jjg ^^^ statute labour within the Municipality, to citnipuuiid 
 for such labour, for any terra not exceedinf; five years, at any 
 sum not exceeding one dollar for each day's labor (o) 
 
 (o) No person in Her Majesty's naval or militarj' service, on full 
 l)iiy or on actual service, is liable to perform statute labour or lo com- 
 niuto therefor. (Assessment Act sec. 80.) Bnt every oilier ninlc 
 inliabitant of a city, town, or village of the age of 21 yenr?* and up- 
 wards, and under 60 j'cars of age, (and not otherwise exempted hy 
 law) from performing statute labor, who has not been a.s.ses,-;o<l ujioii 
 the assessment roll of the city, town, or village or whose taxes do not, 
 amount to $2, must instead of statute labor be taxed !|>2 yearly tlicic- 
 for, to be levied and collcctud at such time by such person an<i in sut^h 
 manner as the Council of the Municipality may by by-liiw direct 
 (Jb. sec. 81.) No person is exempt from the ta.\ by reason <>( \\\< 
 producing a certificate of his having jjcrformed statute labor or paid 
 the tax elsewhere, unless he was actually domiciled out of the limits of 
 the city, town, or village, at the time he so performed statute laboi' or 
 paid the tax. {ll>. sec. 82.) But a proprietor of land cannot be com- 
 pelled actually to do statute labor in a township, uules.s biinsih' a 
 resident of such township {xMoore v. Jarron, 9 U. C. Q. H. 2:{'!) and 
 the power to pass by-laws for enforcing performance of stat\ite labor 
 only applies in those cases where the burthen legally exists. {In n; 
 Executors of Dickson and the Municipal Council of the Vil/a/jc of Unit, 
 9 U. C. Q. B. 257.) Non-resident i)ro|)rietors are, however, clearly 
 subject to assessment for commutatLon for statute labour. A iioii-rcsi- 
 dent who lia* not required his name to be entered on the roll is not 
 entitled to be admitted to perform statute labour in respect of land 
 owned by him. (/6. sec. 80.) But a commutation tax must be 
 charged against every separate lot or parcel according to its asses.sed 
 value, (/i. ; ee also The Canada Conipanv v. howard, 9 V. ('. (I. ]>. 
 654.) Unless perhaps where the land has been sub-divided into pnrk. 
 village or town lots, if the satne be owned by the same pc^rson m 
 jwrsons, in which case the tax shall be chargwl only upon the nuure^iiie 
 of the assessment. (//>. see. 05.) In case any non-resident jiroprii'tm- 
 whose imm« has been entered on the assessment roll, does not pert'orip 
 his statute labor or pay commutation for the same, the o\ cr-ieer ol 
 highways in whose division he is placed, nnist return him as a detiiulter 
 to the Clerk of the Municipality before 15th August, and the Chirk 
 inu.st in that case enter the conmiutation for statute labour iiicainsl 
 his name in the Colicctor's Uoll. (l'>. sec. HO.) If at any time 
 before first May then next ensniiig, the owner of ;uiy Mon-re-ident 
 lands gives in writing to the County Treasurer, a list of tlu; laiuls 
 owned by him in the Municipality, and lenders to him in full tlie taxes 
 on such land and the just commutation money, he is oidy .-.iiliject to 
 the conmiutation for statute labor upon the aggregate value ol'idl I lie 
 lands owned by him in each local Municipidily ; but after 1st Mny as. 
 aforesaid, no change can be made in the conniiutiition for statute laVior 
 charged against each separat'C parcel in coiisequenee of more than oih: 
 parcel being owned by the same party. (If>. sec. 'JO.) 
 
THE MUNICIPAL MANUAL. 
 
 265 
 
 2. For providing that a sum of raoney, not exceeding one compui.v.iy 
 dollar for each day's labor, may or shall be paid in coramu- c''n>i""'«':'"> 
 tation of such Statute labour; (/j) 
 
 «. For increasing or reducing the number of days' labor, to Fixing num- 
 which the ;^ersons rated on the assessment roll or otherwise J'abour*''' 
 shall be liable, in proportion to the Statute labor to which such 
 persons are, in respect of the amounts at which they are 
 assessed, or other wise, respectively liable ; (q) 
 
 (p) Tlie power, by the preceding sub-section, is to conipounil "for 
 any tc'i'in not exceeding five years." Tlrs sub-section n])plie3 to tlio 
 amount of commutation nionc/ for encli day's statute labour, in rospet t 
 of tlic period for which the commutation is made. The power is l>y 
 l)y-law to provide that a sum of money not exceeding one dollar for 
 each day's statute labour may or shall be paid in respect of sucii sta- 
 tute labour. There i« no power to fix the amount of commutation at 
 a higher rate than one dollar per day. (See In re Tilt and the Munki- 
 palif}/ of Toronto, 13 U. C. Q. B. 447.) The sum so fixed shall apply 
 equally to residents who arc subject to statute labor and to non resi- 
 dents ill respect of their property. (Assessment Act, sec. 86.) Where 
 the Council of any Township by bjMaw directs that a sum not exceed- 
 ing $1 per day shall be piiid as commutation for statute labor, the 
 commutation tax maybe added in a separate column in the Collector's 
 Roll, and collected and accounted for like other taxes. {lb. sec. 85.) 
 Where no such by-law has been passed, the statute labor in Townships 
 in respect of lands of non-residents shall be commuted at the rate of 
 50 cents for each days labour, {lb. sec. 87.) No by-law is necessary 
 unless the Municipality desire to fix the commutation money at a iii.;'lier 
 rate than 50 cents a day. {Robinson v. llie C'orjwration of the Toim of 
 Stratford, 23 U. C. Q. B. 99.) 
 
 ((/) Every male inhabitant of a Township, between the ages of 21 
 and 60, who is not othe."wise exempt to any amount (and who is not 
 exempt by law from performing statute labour) is liable to at least one 
 day of statute labor on the Roads and highways in the Township. 
 (Assessment Act, sec. 83.) And no Council has power to reduce it, 
 {Ih.) and every person assessed upon the assessment roll of a township 
 in resjx'ct of property, is, if his property is assessed at not more thnu 
 §300, liable to 2 days' statute labour. 
 
 At more than 1^300 but not more than $500 3 diivs. 
 
 do. 500 do. do. 700 4 " 
 
 do. 700 do. do. 900 '. " 
 
 do. 900 do. do. 1200 6 " 
 
 do. 1200 do. do. 1600 7 " 
 
 do. 1600 do. do. .2000 8 " 
 
 do. 2000 do. do. 2400 9 " 
 
 do. 2400 do. do. 3200 10 " 
 
 do. 3200 do. do. 4000 12 " 
 
 and for every 1000 above $4000 1 " 
 
 But the Council of any Township has power by a by-law operating 
 generally and ratably, to reduce or increase tin- number of days of 
 statute labor to wiiich all the jiarties ratetl on the assessment roll os 
 
200 
 
 THE MUNICIPAL MANUAL. 
 
 KiiforciBg 
 fitfitute 
 
 iHbuur. 
 
 Kfgulating 
 the Hppllcd- 
 tioii uf labor 
 iinil commn 
 %«tioD monoy 
 
 X, 
 
 4. For enforcing the performance, of Statute labor, or pay- 
 ment of a commutation in money in lieu thereof, when not 
 ofhorwise provided by law j (r) 
 
 V For regulating the manner and the divisions in which 
 biatnte labor or commutation money shall bo performed or 
 expended, (s) 
 
 POWERS OP ALL COUNCILS RESPECTING ROxYDS, 
 
 BRIDGES AND WORKS. 
 333 The Council of every Township, County, City 
 Town and incorporated Village may pass By-laws : (a) 
 
 otherwise are respectively liable, or that the number of days labor to 
 which each person is made liable, be in proportion to the amount at 
 which he is assessed. (76, sec. 84.) 
 
 (>•) Any person liable to pay tho sum named in the eighty-third 
 section of the Assessment Act, must pay the same to the collector 
 witliin two days after demand thereof ; and in case of neglect or re- 
 fusal to pay the same, the collector may levy the same by distress ; and 
 if no sutHcient distress can be found, then upon summary conviction, 
 before a Justice of the Peace of the county in which the local munici- 
 pality is situate, of his refusal or neglect to pay the said sum, and of 
 there being no sufficient distress, he shall incur a penalty of if .5 with 
 costs, and in default of payment at such time as the convicting justice 
 shall order, may be committed to the common gaol of the county, and 
 be there put to hard labour for any period not exceeding ten days, 
 unless such penalty and costs, and the cost of the warrant of com- 
 mitment and of conveying the said person to gaol, be sooner paid. 
 (.Assessment Act, sec. 88.) The warrant may, it seems, issue for 
 imjtrisonment without first summoning the defaulter to answer, or 
 niakiiig n formal conviction. (The Queen v. Morrift, 21 U. O. Q. B. 
 ;i!)2.) A by-law directing that tiie Overseers of Iligiiways sliould 
 bring any person refusing or neglecting to perform statute labour 
 before tho Reeve of the municipality or nearest Justice of the Peace, 
 who, upon conviction, siionld imjiose a fine of 6s. for each day's neg- 
 lect with costs, and adiadgc that the payment of such fine should not 
 rt'licve the person fined from tlie performance of the labour, was held 
 good. (In re StodJart and the Afunicipnlity of Wilberforce, Grattan, 
 nnd Frnncr, 15 U. C. Q. B. 163.) So a by-law enacting that any per- 
 son liable to perform statute labour, who after being duly notified 
 '(honld n((glect or refuse to attend, should forfeit or pay 6s. for every 
 day he should neglect or refuse, and that tho payment of such fine 
 should release such person from the performance of statute labour, 
 ■^as held good. {In re Bannerman and the Afanicipality of Yarmouth. 
 15U. C. Q. R H.) 
 
 («1 The pfwi-r to regulate the divisions implies a pownr to make 
 divisions, to which is auded a power to regulate the manner in whicli 
 the labour shuU b(! performed or the commutation money expended iu 
 oach division. A party to save himself from fine must perform, when 
 cailcil upon, his statute labour within the division of tlie township in 
 -.vlucli lie resides. {Gutcs v. Da'niish, 6 U. C. Q. B. 200.) 
 
 (a) It will be observed that this section applies to all municipalities. 
 
THE MUNICIPAL MANUAL. 
 
 267 
 
 Gkxeral Powers. 
 1. For opening, raakin}?, preserving, improving, repairing, By-iaww 
 widening, altering, diverting, stopping up and pulling down JoaSg!*'"" 
 drains, sewers, water-courses, roads, streets, squares, alleys, 
 lanes, bridges or other public communications, within the 
 jurisdiction of the Council, and for entering upon, breaking ^ ^^^ 
 up, taking or using any land in any way necessary or conve- Btopping up 
 nient for the said purposes, subject to the restrictions in this •■°»«>»>*c. 
 Act contained ; (f>) 
 
 (h) It wns at one time contended that the Municipal Councils had 
 only nutliority to change the direction of existing roads, and to widen 
 or otlierwise alter them — not to make new roads ; but it is now settled 
 that such Councils have power to make new roads through any person's 
 lands, not merely as substitutes for other roads running near and 
 between the same points, but to afford a passage from one point to 
 another where there has been no passage before. {Dennis v. Hnghei* 
 ct al., 8 U. C. Q. B. 444.) All by-laws under the authority of wl'iich 
 any street, road or highway shall be opened upon any private property 
 must, before the same becomes effectual in law, be duly registered in 
 the Registry Office of the county where the land is situate. (Sec. 348.) 
 
 The povers are not only for opening, making, preserving, improving 
 and reiiiiiring, but for widening, altering, diverting, stopping up and 
 pulling down drains, sewers, water-courses, roads, Ac. (See Tlie Queen 
 ex rei. Uwidall et al v. Phillips ct al., 1 L. R. Q. B. 648.) Tlie power 
 to rep.iir liighwa3's must be reasonably exer«i8ed. (Reid\. The C'tyof 
 I/amil/on, ."i IJ.C. C. P. 209; Croft v. The Town Council of Peterborough, 
 T) U. (;. C. p. 35.) A Municipal Council, for instance, in order to drain 
 a hiLvliway.hus no right to hring down water in any quantity upon the 
 liitiil of nil individual, and leave the water to stagnate there, without 
 sliowiiit;- that it could not in any way have been got rid of without 
 tlirowiuy- it on plaintiff's land, and without sliowing that it wns not in 
 the power of the Council to lead the water away from the plaintiff 's 
 land after the Council had conducted it there. {Brown v. The Munici- 
 pal Council of Sarnia, 11 U, C. Q. B. 87 ; Perdue v. The Corporation of 
 Chinf/iiivousg, 25 U. C, Q. B. 261.) But the Council is not responsible 
 for injuries to tlie property of private persons resulting frori natural 
 caiises ; thus, where, during the rej)air of a highway, stones and other 
 materials collected for it about a culvert, were by a violent storm car- 
 ried into a miller's raceway, tiie Council was held not to be liable for 
 the daiiw^-e. {Snook etal. v. The Town Council of Br antford, 14 U. C. 
 Q. B. i:,:>.) 
 
 Power is conferred not only to pass by-laws for opening, Ac, roads, 
 etc., but for entering upon, breaking up, taking or using any land in 
 any way necessary or ci'ivenient for the purposes mentioned, subject, 
 however, "to the restrictions in this act contained." By the 325th- 
 sectiou it is provided tliat " every Council shall make to the owners 
 of real property entered upon, taken or used by the Corporation in the 
 exercise of its powers in resi)ect to roads, streets or other public coiu- 
 inunieations, itc, due compensation for any damage necessarily result- 
 iii;;' fi'oHi the exercise of such powers, beyond any advantage which the 
 claimant may derive from the contemplated work." It is clear, there- 
 
 / 
 
 I 
 
2G8 
 
 THE JIUNICIPAL MANUAL. 
 
 To raUe 
 iiioiiuy bv 
 
 To rei^nliite 
 (Iriviiif; on 
 bridged. 
 
 To luako 
 regulttioiiR 
 as to iiits, &c. 
 
 For preserva- 
 tion of trees, 
 Ktune, i&c. 
 
 Tolls. 
 2. For raisinc; money by toll, on any brlc]}!;e, I'oiul or other 
 work, to defray the expense of inaking or repairing the 
 same ; (c) 
 
 Fast Drivino on Buidges. 
 I). J'or rcj:;ulatin<^ the driving and riding on puhllc 
 bridges ; ((/) 
 
 Pits and Pkkcii'icks. 
 
 4. VoT ni;il<ing roguhitions as to pits, precipices and deep 
 waters, and other phices dangerous to travellers; (e) 
 
 Road Allowaxcks. 
 
 5. For preserving or selling timber, trees, stone, sand or 
 gravel, on any allowance or appropriations for a public road ; (/) 
 
 fore, tlint no Municlpiil Corporntion lins a legal right to sny they may 
 trespiiss a liltlu iii)oii the property of a private person, doing no unne- 
 ees.sary damage, unless tliey show it was neeessnrv and convenient for 
 tliem for the ))urposes of tlie road, street or other work; and Ihat, it 
 i.< api)relieiided, should be done hy a by-law jiassed for tlie ])urpos('. 
 (The Chnrchwardena of St. Geonjc'x Chnrch v. T/ie Corporntion of the 
 C'oinif)/ of Urn/ ct al, 21 U.C. Q.15. 2fi5.) Unless a by-law were sliown, 
 tiie Corporation woidd be lookcul ujion as trespassers; and to answer, 
 under such circumstances, that tiicy trespassed a little, doing no unne- 
 cessary damage, would be no answer at all. {//).) So Munieipal Conixils 
 may pass by-laws for searching for and taking such liml)er, gravel, 
 stone or otiier material or materials as may be necessary for making 
 a..d keeitiiig in repair any road or highway belonging to the innnici- 
 i'ality. (Sub-see. 1(, infra.) But the right of entry upon such lands, 
 ns well as the i)rices or damage to be i)aid to any person for such mate- 
 rials, must, if not agreed upon, bo settled by arbitration under this 
 act. (Ih.) A by-law of a County Council, ai)propriating a certain snm 
 of money " to be expended on certain roads within the county- (not 
 dcHne:!), in such manner as the townshij) and town councillors nuiy 
 tliiid{ ])roper," has been held bad. (In re Vonpcr and the rclirboroni/h. 
 Municipal Council, 8 U. C. Q. B. I5-l!>,) So a by-law taxing the wild 
 lands of a district, "for the jiurpose of improving llie roads and 
 bridges ('not defined), and liiiuidating the debts of the district." (Doc 
 dcm': McGilly. Laiiglon, 9 U. C. Q B. 01.) 
 
 ((•) The authority to raise money by toil on a bridge, ite., appears 
 to exist only when necessary " to defray the expense of making or 
 ri'pnii'ing the same," and not for mere purposes of revenue. See ( fn re 
 Vamphell and the Corporation, of the City if Knifj^on, 14 l^.C. C 1'. "JS.'i.) 
 
 (d) No person is allowed t(.' race or drive fiu-ionsly any horse 
 
 or 
 
 otlier animal upon anj' highway (Con. Stat. IJ. C. cap. oti, see. ij 
 
 if in tills res])eet the act be contravened, tiie otlendcr shall inenr a 
 penalty of not lo.ss than one dollar, nor more than twenty dollar.-i, in 
 the discretion of the convicting Justice, witli costs. [Ih. sec. 1 1.) 
 
 (c) Til.! power to make regulations as to pits, Ac, and otlur phices 
 dangerous to travellers, may iiivoho llio right to some degree to inter- 
 fere with private rights of property. 
 
 (/) Tlio right of a Municipal Corporation to sell timber trees on a 
 
THH MUNICIPAL MANUAL. 
 
 3^ 
 
 0. For selHnp; the orij»inal road allowance to the parties wiion tha 
 next atljoininf^ whoso landd the same is situated, when a public st?>"",^p c""^ 
 road has been opened in lieu of the original road allowance, and "«" •> ■'"'*'' 
 for the site or line of which compensation has been paid, and 
 
 for seliin}::; in like manner to the owners of any adjoining land 
 any road legally stopped up or altered by the Council; and in 
 case such parties respectively refuse to become the purchasers 
 at sueh price as the Council thinks reasonable, then for the sale 
 thereof to any other person for the same or a greater price ; (.y) 
 
 Pi;r.MITTlN(J UoAD AM) HlMDClF, COMPANIES TO PaSS, &C. 
 
 7. For regulating the niaiiticr of granting to Road or IJridge orHinin,' 
 Coinpanios periiiission to ('(tinmence or proceed with roads or [lo'jj'pr"'' 
 l)ridgos within its jurisdictioD, and for regulating the manner HrMMiHCo.n- 
 of apcortaining and declaring the completion of the work so as p'*"''"' 
 to entitle such uompanics to levy tolls thereon, and for regu- 
 lating the manner of making the examinations necessary for 
 the proper exercise of these powers by the Council ; (/() 
 
 road ftllownncc, so as to impart a vested interest and possession in 
 tlio trees to tlio vendee, and in tlie soil as incidental, was at one time 
 doubted. {Cochran v. Hislop, 3 V. C, C. P. 410.) 
 
 (ff) Wiierc a public road las been opened through private property, 
 in lieu of an original allowance for road, for which compensation lias 
 been i)ai{l, the original allowance may bo sold " to the parties next 
 adjoining whoso lands the same is situated." The allowance may 
 adjoin on each side the land^^ of dirt'erent parties, and it then becomes 
 a question whether the Council is bound to sell to each ono half of the 
 allowance, or maj' sell the whole to one. Similar authority is conferred 
 as to " any road legally stopped up and altered by the Council." If 
 the parties entitled to preemption refuse to purchase, then and only 
 then is the Council authorized to sell to anj' other person. The statute 
 does not require the Corporation to do more than close or stop up the 
 road allowance. They are not required to fence it in or place any 
 physical obstruction in the way of persons using it. They only put 
 an end to the right of using it, and con:jequcntly to all obligation on 
 the part of apy person to respect it as a highway. The selling of the 
 road allowance is one thing ; the stopping up of a road allowance is an 
 entirely different thing. Tiie sale is by no means necessary to the 
 extinction of the public casement. {Johnston v. Rcesor et aL, 10 U. C. 
 Q. B. 101 ; In re Choate and Blvlchcr and the Manicipality of the Tomi- 
 ship of Il'ipe, 1(5 U, jC. Q. B. 421.) The Council may, under certain 
 circumstances, stop up a road allowance, though not at the time in their 
 contcnq)lation to substitute auother forit. (7A.) Where it is contended 
 by u private individual that a road allowance ''as been legally stopped 
 nj) and conveyed to him, he nuist show that all the pi'oceedings made 
 necessary in that behalf have boon taken by the Corporation. ( Winter 
 V. Kiown et a!., 22 U. C. Q. B. nil.) 
 
 (A) The powers are, to pass by-laws : ' 
 
 1. For regulating the manner of granting to road or bridge compa- 
 
 nies permission to commence or proceed with roads or bridges 
 within its jurisdiction. 
 
270 
 
 THE MUNICIPAL MANUAL. 
 
 Taking Stock in. 
 Taking «iocK g. For taking stock in, or lending money to, any «uch incor- 
 iimo»to"»uch porated Road or Bridge Company, under and subject to the 
 companiM. respective statutes in that behalf; (*) 
 
 2. For regiilntiiig the manner of nscertiiining or (leclnrin;,r thv. roviple- 
 tionof the work, so ns to entitle such companies to levy tolls. 
 
 S. For refjulfttingtlie manner of making the examination nvccxmri/ for 
 the proper exercise of the powers of the Council. 
 
 The Legislature has conferred upon Municipal CorporntioiH very 
 extensive powers in relation to public highways. They arc, as wo 
 have seen, empowered not only to divert but stop up existing high- 
 ways and to open new ones. (Sec. S'-i'i.) Upon these Corponitions, in 
 the first place, is devolved the duty — and perhaps it may l)o found the 
 ,^l)ti{)u too — of constructing roads and bridges throughout the sc^veral 
 localities represented by Municipal Councils. Before others can legally 
 exercise these powers, permission is required from the local Municipal 
 Corporation. The power to grant permission involves the jiower to 
 withhold it ; and if a road company were, without such permission, to 
 attempt to interfere with the highways of the municipality, liie Court 
 of Chancery, upon an application made at the proper time, grounded 
 on proper materials, no doubl would interfere by injunction. (Atfomci/- 
 O'enenil v. The Nepean Road Company, 2 Grant, 02(5.) Tlio power is 
 not only to grant or withhold permission to commence, but, if granted, 
 to make regulations for the completion of the work, and to make the 
 examinations necessary for the proper exorcise of these powers. .So 
 that the controlling and directing power is, as it were, vested in the 
 Municipal Corporations. 
 
 No company, formed under the Joint Stock Companies Uoad Act, is 
 allowed to commence any work until thirty days after the directors 
 have ser'cd a written notice upon the head of the municipulity in the 
 jurisi'iction of which such road is intended to pass or bo constructed. 
 (Con Stat. U. C. cap. 4'J, sec. 10.) If the Municipal Council pa^ss a 
 by-law prohibiting, varying or altering any such intended line of road, 
 the by-law shall have the same force and effect, and be obligatory upon 
 all persons and upon the companjr. if the company proceed in the con- 
 struction of the road, as much as if the provisions thereof were part of 
 the said act. {lb.) But if no by-law be passed within thirty days after 
 service of the notice, then the company may proceed with the intended 
 road, without being liable to an}' interruption or opposition from any 
 source whatever, (lb. sec. 11.) No such road, however, shall, under 
 any circumstances, be constructed or pass within the limits of any city, 
 incorporated town or village, except by permission, under a by-law, 
 of the city, town or village, passed for the purpose. [lb. sec. C.) 
 
 (i) Any Municipal Council having jurisdiction within the locality 
 through or along the boundary of which any such road passes, may 
 subscribe for, hold, sell and transfer slock in any company formed under 
 the general act (Con. Stat. U. C. cap. 49), or any former act passed for 
 the like purpose, and may from time to time direct the Maj-or, Keeve, 
 Warden or other chief officer of the municipality, on behalf thereof, to 
 subscribe for such stock in the name of the municipality, and to act 
 for and on behalf of the municipality in all matters relating to such 
 stock, and the exercise of the rights of the municipality as a stock- 
 
THE MUNICIPAL MANUAL. 
 
 271 
 
 Tolls on, may bb granted. 
 
 9. For granting to nny person, in conaidoration or part con- arMtinx 
 sidcrntion of planking, gravelling or macadamizing a road, or toii«^ wVei!!^ 
 of building a bridge, the tolla fixed by by-law to be levied on 
 
 the work for a period of not more than twenty-one years aflcr 
 the work has noen completed, and after such completion has 
 been declared by a By-law of the Council authorizing tolls to 
 bo collected ; and the grantee of such tolls shall, during the 
 period of his right thereto, maintain the road or bridge in 
 repair. (_/) 
 
 Takinq Matebialb. 
 
 10. For searching for and taking such timber, gravel, stone Searching for 
 or other material or materials as may be necessary for making materials, 
 and keeping in repair any road or highway belonging to any 
 
 such Municipality; and the right of entry upon such lands, 
 as well as the price or damage to be paid to any person for 
 such materials, shall, if not agreed upon by the parties con- 
 cerned, be settled by arbitration in the manner provided by 
 this Act. (^) 
 
 holder ; nnd the Mayor, Reeve, Warden or other chief officer shall, 
 M'hcther otiierwiae qualified or sot, be deemed a stockholder in the 
 company, and may vote as such, subject to any rules and orders in 
 relation lo liis authority made in that behalf by the by-laws of the 
 Municipal Council or otherwise, and may vote according to his discre- 
 tion in ca.sea not provided for by the municipality. {lb. see. 63.) TJio 
 Municipal Council may pay all the instalments upon the stock tlioy 
 subscribe for and acquire, out of any monej's belonging to the munici- 
 pality , and which are not specially appropriated to any other purpose, 
 and may apply the moneys arising from the dividends or profits on tho 
 stock, or from the sale thereof, to any purpose to which unappropriated 
 moneys belonging to the municipality may be lawfully applied (lb. s.G4). 
 
 So the Municipal Council of any locality through or along the boun- 
 dary of whicli any such road passes, may, out of any moneys belong- 
 ing to tho municipality, and not appropriated to any other purpose, 
 lend tiioHcy to tho company authorized to make the road, upon such 
 terms and oonditions as may be agreed on between the company and 
 the municipality making the loan ; and the municipality may recover 
 the money so loaned, and appropriate the money so recovered to the 
 purposes of the municipality. (/6. sec. 66.) The Municipal Council may 
 issue debentures for the payment of an an negotiated by them with 
 any sucli company, in the same mannei subject to tlie same condi- 
 
 tions, as rec)uirea by law with regard to the issuing of other deben- 
 tures, {lb. sec. 66.) 
 
 (j) A. grant for a term of years is authorized for a consideration 
 stated. The grant is to be of the rates fixed by by-law to be levied, 
 &c. The term is not to be more than twenty-one years ; and tho con- 
 sideration, or part consideration, is to be that of planking, gravelling, 
 or macadamizing tho road, &,c., or of building a bridge, &c. 
 
 (A) Sec note b to sub-sec. 1, ante. 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
 1.0 
 
 I.I 
 
 ■ 50 ■^™ 
 
 ^m 
 
 ■ 2.2 
 
 us 
 
 I: 
 
 L£ i2.0 
 
 1.8 
 
 11.25 i 1.4 
 
 ^ 
 '# 
 
 .%. 
 
 >' 
 
 v: 
 
 
 y 
 
 Photographic 
 
 Sciences 
 
 Corporation 
 
 aa WIST MAM STMIT 
 
 WI.STIR,N.V. I45U 
 
 (71«) •72^303 
 
 
'V 
 
 o^ 
 
272 
 
 THE MUNICIPAL MANUAL. 
 
 When a roaU 
 iR Mibstitu- 
 ted for nn 
 original 
 allowance. 
 
 Coiiv'-'vinj: of 
 fciuiCL' road 
 iSlLwiiiicc. 
 
 Old Road Allowances. 
 
 334. In case any one in possession of a concession road or 
 side line has laid out and opened a road or street in place 
 thereof without receiving compensation therefor, or in case a 
 new or travelled public road has been laid out and opened in 
 lieu of an original allowance for road, and for which no cora- 
 rensation has been paid to the owner of the land appropriated 
 as a public road in place of such original allowance, the owner, 
 i*' his lands adjoin the concession road, side line, or original 
 '..;owance, shall be entitled thereto, in lieu of the road so laid 
 .luc, (/) and the Council of the Municipality upon the report 
 .1 writing, of its Surveyor, or of a Deputy Provincial Land 
 Purveyor, (m) that such new or travelled road is sulSeient for 
 the purposes of a public highway, (n) may convey the said 
 original allowance for road in fee simple to the person or per- 
 sons upon whose land the new road runs, (o) and when any 
 such original road allowance is, in the opinion of the Council 
 useless to the public, and lies between lands owned by difl'erent 
 parties the Municipal Council may, subject to the conditions 
 aforesaid, sell and convey a part thereof to each of such parties 
 
 (/) So far, this section provides for two cases ; first, wliori? a per- 
 son in possession of a concession road or side line has himsc/f hud out 
 and opened a road, <fec., in place thereof; secondly, where a new or 
 travelled road has been laid out and opened by, it is conceived, the 
 proper authority, in lieu of an original allowance for road, &c. In 
 cither of these cases, if no compensation has been paid to the owner 
 of tiie land, and if his lands adjoin the concession road, side line, or 
 original allowance, he shall be entitled to the original road allowance 
 in lieu of tiie road laid out. But though entitled, it would appear from 
 wliat follows, tiiat to make his title complete there must be a convey- 
 ance from the Municipal Council to him of the original road allowance. 
 (See Winter v. Keomn, 22 U. C. Q. B. 341.) 
 
 (w)) If the Municipal Council has a surveyor in its emi)loyment, the 
 report is to be by him ; if not, by any deputy provincial luiul sur- 
 veyor. 
 
 (h) The surveyor on making his report, cannot do better than adopt 
 the very language of this section, lie should in his report be particu- 
 lar to show tlie exact width of the road and the line it is to run. ^Thc 
 King v, Sandcrmn, 3 U. C. 0. S. 103; se-> also Purdy y. Farlcii, 10 
 U. C. Q. B. 545.) 
 
 (o) The proper course would be, it is apprehended, to pass a by-law 
 authorizing the conveyance, and afterwards, in pursuance thereof, to 
 execute a formal deed of conveyance, (/n re Choate ct at. and the 
 MunicipaUtji of the Township of Hope, 10 U. C. Q. B. 424.) The power 
 to sell the allowance for road exists when, in the opinion of the Council, 
 it is useless to the public; as to which sec Purdy v. Farley, 10 U. C. 
 Q. B. C45. 
 
^■<l 
 
 THE MUNICIPAL MANUAL. 
 
 273 
 
 as may seem just and reasonable ; (p) and in case compensa- ComptuBa- 
 tion was not paid for the new road, and tlie person through "h^"iand* 
 whose land the same pas:?s does not own the land adjoining is taken, 
 the original road allowance, the amount received from the 
 purchaser of the corresponding part of the road allowance 
 when sold, shall be paid to the person who at the time of the 
 sale owns the land through which the new road passes, {g) 
 
 P(<S8ESSI0\ OF Ro.\D ALLOWANCES, 
 
 3SSo. In case a person be in possession of any part of a 
 Govcrnniont allowance for road laid out adjoining his lot and 
 enclosed by a lawful fence, and which has not been opened 
 fi)r public use by reason of another road being used in lieu 
 thereof, or be in possession of any Government allowance for 
 road parallel or near to which a road' has been established by 
 law in lieu thereof, such person shall be deemed legally pos- 
 sessed thereof, as against any private person, until a By-law 
 has been passed for opening such allowance for road by the 
 Oouncil having jurisdiction over the same, (r) 
 
 Orifdnal 
 
 Mllowancefr.r 
 roail* when 
 to b« deemed 
 K'giiUy pnK- 
 (>«i-sed till .1 
 Bi-la\v is 
 pasK-d fill' 
 opening 
 them. 
 
 (p) Tlie expression, "subject to the condition aforesaid," refcr.s to 
 the report of the surveyor, etc, 
 
 (q) If the person from whom the land for the new road is taken has 
 not land iidjnining tlie old road allowance, the allowance would be of 
 little or no use to bim. For this reason it is provided that in such case 
 the allowiiuee shall be sold, and the proceeds paid to the person whose 
 land is taken for the new road. 
 
 (r) Tiiis section provides for tlie security of, first, a person in pos- 
 hCf.sion of any part of a Government allowance for road, Ac, not 
 opened for use " by reason of another road bcinff used in lieu thereof;" 
 and secondly, a person in possession of any Government allowance for 
 I'uad, parallel or near to which " a road has been established by law, in 
 lieu thereof," <fec. A person so circumstanced is to bo deemed leg.ally 
 possessed as against any "private person" but not as against the 
 Crown ; and he is to be deemed so possessed " until a by-law has been 
 passed for opening such allowance," «fec. So that as well against 
 piivate persons as Municipal Councils, until a by-law is passed for 
 ii))cning, ttc, he is to be deemed legally possessed. By an act of 1810, 
 all allowances for roads laid out by public authority were declared, 
 whether opened or not, used or not, " public highways ;" (50 Geo. III. 
 lap. 1, sen. 12) but for the security of persons in possession of them 
 when not used, it was in 1846 enacted that no allowance for road in 
 possession of a private person should be opened unless upon notice to 
 liini, and tlie passing of an order of the proper municipal authority. 
 ('J Vie. cap. 8.) Both these enactments are here in substance rcenac- 
 ted. A ptrson in possession of a road allowance where a new road 
 ha:^ been opened or is used in lieu of it, to save hintself from all dis- 
 ^a^'bancc, liad better acquire a legal title thereto, pursuant to sec. 334 
 of this act. (See Purdy v. Farley, 10 U. C. Q. B. 646.) 
 
 18 
 
 „_J 
 
y 
 
 274 THE MUNICIPAL MANUAL. 
 
 Notice of By-laws fob openixo seen Ai.lowaxcks. 
 
 336- But no such By-law shall be passed until notice in 
 writing has been given to the person in possession, at least 
 eight days before the meeting of the Council, that an applica- 
 tion will be made for opening such allowance, (s) 
 
 Aiding Counties i.v makinq Roads and Bridges. 
 
 337- The Municipal Council of every Township, City, 
 Town, and Incorporated Village (<) may pass By-laws : 
 
 1. For granting to the County or United Counties in which 
 such Municipality lies, aid, by loan or otherwise, towards 
 opening or making any new road or bridge on the bounds of 
 such Municipality ; (m) 
 
 2. For entering into and performing any arrangement with 
 any other Council in the same County or United Counties for 
 executing, at their joint expense and for their joint benefit, 
 any work within the jurisdiction of the Council; (w) 
 
 HIGHWAYS IN CITIES, TOWNSHIPS, TOWNS, AND 
 INCORPORATED VILLAGES. 
 
 streets in 338. Evcry public road, street, bridge, or other highway 
 
 Citi«8, Towns iq a City, Township, Town, or Incorporated Village, (a) shall 
 
 By-law for 
 u]>eDinf;, &c., 
 I uudij, &c , to 
 require 
 notice. 
 
 By laws for- 
 
 AMiugCoun- 
 fie) '.n malc- 
 i lilt roads 
 and bridges. 
 
 .loiut works 
 Willi othur 
 .Municipal- 
 ties. 
 
 
 (,i) There must bo a notice in writing, which must be given to the 
 person in possession at least eight daj's before the meeting of the 
 council. (See In re Sams and (he Corporation of Toronto, 9 U. C. Q. B. 
 181.) Tlie object is to prevent his being taken by surprise in regard 
 to the intention to open the road allowance of which he is in pos- 
 session. 
 
 {t) Counties are nst here mentioned, because the object of the seo- 
 tion is to enable the Councils of the Municipalities named to assist the 
 Councils of Co..atie3. 
 
 (?«) As a rule, Councils of Municipalities less than counties have 
 not power spontaneously to assies themselves for county purposes. 
 (See note k to section 190.) The power given by this clause is to 
 grant aid by loan or otherwise towards opening or making any new 
 new road, i. e., not stating whether the same may be done voluntarily 
 or only npon the solicitation of the Council of the County. 
 
 (v) Abridge between two municipalities — townships, for example — 
 divided by a stream, is a good example of a work that may be 
 executed at "joint expense" and for "joint benefit." 
 
 (rt) The roads of Joint Stock Companies are not such public roads 
 or highways as the Legislature intended by this section. ( The Queen 
 V. Brown and Street, 13 U. C. Q. B. 536; but see Port Whitbi/ and 
 Lakes Scrtffocf, Simcoe, and Huron lload Company v. The Corporation 
 of the Town of Wliitby, 18 U. C. Q. B. 40.) 
 
w 
 
 1 
 
 
 y 
 
 THE MUNICIPAL MANUAL. 
 
 275 
 
 <> m- <4v' 
 
 tli» 
 
 be vested in the Municipality, (i) subject to any rights in the aadincor- 
 soil which the individuals who laid out such road, street, IJ^7i«eghow 
 bridc^c, or highway reserved, (c) and except any concession f"' v*"'*** '» 
 or other road within the City, Township, Town, or Incor- tieS!""* 
 porated Village, taken and held possession of by an individual 
 In lieu of a street, road or highway laid out by him without 
 compensation therefor, i^d) 
 
 330. Every such road, street, bridge and highway (e) TobekBpUn 
 shall be kept in repair by the Corporation, (/) and the de- corporaUou," 
 fault of the Corporation so to keep in repair, shall be a niisde- ^",^21"^'^ 
 
 (6) The section vests in the Mnnicipality the pnblic roads, streets, 
 bridges, and highways intended, bnt does not convey such a freehold 
 and estate in the municipality as will entitle the municipality to 
 maintain an action of ejectment. Every individual in the community 
 has an equal right to use a public street or road. The municipal 
 ';orporations cannot be deemed proprietors, and as such entitled to 
 control tiie possession any more than any other corporation or pe"3on 
 interested in the streets, roads, or highways. The property vested 
 in tlic municipal corporations is a qualified one, to be held and exer 
 cisod for *" e benefit of the whole body of the corporation. They hold 
 as trustees for the public, and not by virtue of any title which confers 
 possession sufficient to maintain an action of ejectment. (Per McLean, 
 J., in 7V/,e Corporation of Sarnia v. The Great Western Railway Corn- 
 pa'ii/, 21 U. C. Q. B. 62) ; but may, it seems, sue for malicious ioju 
 Vies done to roads or bridges within their jurisdiction. (See The Cor 
 porat'ion of the ToimsMp of Thurloio v. Bogart, 15 U. C. C. P. 1 ; Tin: 
 Corporation of Wellington v. Wihon et at. U U. C. C. P. 299; S. C. 
 10 U. C. C. P. 124 ) Defendants, if intending to deny property or 
 possession when sued by a Municipal Corporation] as proprietors of a 
 road claiming property or exclusive possession, should, by plea, put 
 in issue the right of property of the plaintiflfs. {T/ie Municipality of 
 the Township of Sarnia v. The Great Western Railway Company, 17 U.C. 
 Q. B. 63.) 
 
 (c) It would seem that this section applies as much to highways 
 dedicated by permissive user, as to highways created by some exprefis 
 act of dedication, such as a plan or map. {Mitton v. Duck, Q. B. M. T. 
 1866.) 
 
 id) The right of a person who lays out a street on his own land with 
 out compensation in lieu of a street existing at the time, to take and 
 liold possession of the latter, would, if this section were read alone, 
 ^eeni to be implied. But unless such a person hold a conveyance 
 obtained under sec. 334, it is conceived that his right to hold posses- 
 sion of the road, if a government allowance, could be terminated under 
 sec. 335 as therein provided. (Purdy v. Farley, 10 U, C. Q. B. 54D.) 
 
 (c) See note a to sec. 338. 
 
 (/) A question may arise as to the proper eflFect to be given to the 
 words " kept in repairs." The word repair is not to be hei e construed 
 as if it meant " construction" in the first instance. (77ie Queen v. The 
 Board of Guardians of the Epsom Union, 8 L. T. N". S. 383.) Besides, 
 
L- i r . 
 
 THE MUNICIPAL ^lAHVAL. 
 
 \ 
 
 \y 
 
 nioanor punishable by fine In the discretion of the Court, (7) 
 and the Corporation shall be further civilly responsible lor all 
 daraageo sustained by any person by reason of such dofaulft, 
 (h) but the action must be brought within three months (/) 
 
 the wortlg keeping in repair, should be construed with a roa?oimblc 
 attention to circumstances. A new side line or concession line opened 
 ill a township thinly scattered, could scarcely be expected to be found 
 in as perfect a condition ag an old highway in a well settled township 
 (per Robinson, C. J., in Colbeck and Wife v. Tke Coi-poratmn of Oit 
 Township of Brantford, 21 U. C. Q. B. 2T"6). Where the obligntiou to 
 repair is clear, a writ of mandamus may be issued to the Corporation, 
 commanding the repair (In re Munidpalit" of Aiigimta and ilic Urimi- 
 cipal Council of Leeds and Grenville, 12 U /. Q. B. 522.) But where 
 it is in good faith disputed, the case is no . proper one for miuulauius. 
 {The Queen Y, Tlic Municipal Corporation of the County ■/ Uahlmand, 
 7 U. C. L. J, 266.) The obligation to repair roads and bridges is not 
 confined to Municipal Corporations named in the preceding section, 
 viz., cities, towns, townships, and villages, but extends also 10 Corpor- 
 ations of counties. {Harroldy. The Corporation of the County of Siiucoe 
 and the Corporation of the County of Ontario, 16 U. C. C. P. 43.) 
 
 ( 7) As a corporation cannot bo compelled at the assizes or sessions 
 to appoint an attornej', an indictment found against it must bo, l\v 
 certiorari, moved into one of the superior courts of common law, and 
 then proceedings be had by venire facias and distringas, if neces- 
 sary, to compel the corporation to appear and plead to the indiitnient. 
 (Archbold's Crown Office, 171.) When issue is joined, a record may 
 bo made up and sent down for trial before a jury, as in an ordinary 
 case, (lb.) 
 
 (h) It is no defence to an action against a Municipal Corporalion for 
 negligence in the non-repair of a road, that they appointed a proper 
 overseer of highways and gave him means and authority to keep tho 
 road in good order. The Municipal Corporation ore, as it were, 
 themselves the overseers of the highway, and on this principle bound 
 to keep it in repair. They have not only the duty thrown expresslj' 
 upon them of keeping highways in repair, but have all necessary 
 powers given to them for enabling them to perform that duty. The 
 Corporation must at their peril answer for the consequences of the duty 
 not Doing performed. The negligence of their officers or servants is no 
 answer (per Robinson, C. J., in Colbeck and Wife v. The Corporation 
 oftlie Township of Brantford, 21 U. C. Q. B. 276.) Independently of 
 the statute it would appear that there is a common law duty cast on 
 Municipal Corporations to repair and keep in repair tho roads which 
 aro within their jurisdiction, and for which they have power to rntso 
 the requisite funds. (See The Corporation of Wellington v. TI'*7.so;* tt 
 al. 14 U. C. C. P. 299, S. C. 16 U. C. C. P. 124 ; Ha^-rold v. The Cor- 
 j)orat on oftlie County of Sitncoe and the Co^'poration of the County of 
 Ontario, 16 U. C. C. P. 43.) But is not their duty, either under the 
 statute or at common law, to lay a plank from each man's housi; across 
 a ditch to the street, and to keep such planks in repair. McCarthy v. 
 The Corporation of the Vdlage of Oshaiea, 19 U. U. Q. B. 245.) 
 
 (»■) The limitation as to t'me (three months) applies only to acts of 
 omission, i. c., non-repair, but net to acts of commission, as negligently 
 
THE MUNICIPAL MANUAL. 
 
 271 
 
 i-ftev the damages have been sustained ; (j) and this section 
 shall not apply to any road, street, bridge or highway laid out 
 without the consent of the Corporation by By-law, until 
 establisbed and assumed by By-law. (/i-) 
 
 Local Improvements ok Stkeets. 
 
 340. The Council of every City, Town and incorporated b^uws;.. 
 Village {l) may also pass By-laws for the following purposes: 
 
 1. For assessing and collecting from the proprietors of real j^cai„tag 
 property, immediately benefited by making or repairing any forpave- 
 pavement in any public way or place near to such property, ™"°*'' 
 such sums as may be necessary for so making or repairing the 
 same ; but tLis sub-section shall not apply to Cities j (m) 
 
 placincj grav^l on the sides of the road and taking no precaution to 
 prevert persons passing along the road from running against these 
 heaps whereby a person so driving might run against the heaps and 
 be tl'.ercb}' injured. {Rowe v. The Corporation of Leeds and Orcnville, 
 13 U. C, Q. ''. 575.) Where the section is applicable, no additional 
 time is given to a legal representative to bring the action, owing to 
 the death of the intestate, by reason of negligence within the meaning 
 of tlie section. {Turner v. The Corporation of the Town of Brantfora, 
 13 U. C. C. P. 109.) 
 
 (_;') The statute begins to run from the occurrence of the accident, 
 not from the death. {Miller v. The Corporation of the Township of 
 .North Fredericksbnrgh, 25 U. C. Q. B. 31.) So where plaintiff's mare -» 
 
 fell through a bridge and was injured, but did not die for four months 
 afterwards, when the action was brouglit it was held to be too late. 
 (lb.) As soon as the mare was injured by falling through the bridge, 
 the plaintiff's cause of action was complete. His damages in the 
 words (if the statute wore then and from that time sustained. The 
 subsoquont death of the mare was merely additional evidence of tho 
 extent of his damages. {lb.) The damage was not the less because 
 he did not at the time know its full extent. (Jb.) 
 
 {k) It is not every road, street or bridge in a Municipality, that is 
 A public road, street or bridge, within the meaning of the preceding 
 section and this section. If the road, street or bridge be laid out without 
 the consent of the Corporation by by-law, it is not within the meaning 
 of these sections made public, so as to render the Corporation liable for 
 dam.agos for non repair, nor does it become public for the purposes of 
 this section " until established and assumed by by-law," 
 
 {I) Neither counties nor townships are here mentioned ; for the 
 jjrovisions of this section are such as are inapplicable to rural munici- 
 palities. 
 
 ((/*) Tl>e principle of local instead of general assessment is here 
 sanctioned. The assessment for making or repairing any pavement, 
 itc., inay be imposed upon " the proprietors of real property imme- 
 diately benefited ,&q. Tlie sub-section is " not to apply to cities," 
 because section 301 and following sections of this act make ampl£ 
 jprovision for local improvements in citiei. 
 
278 
 
 TITE anjNicrPAL manuae,. 
 
 I-iRhting, 
 
 wiitetingand 
 
 Hweeping 
 
 streets. 
 
 Pruventing 
 ohHtrjcUons 
 
 id streets. 
 
 RcmoThl of 
 
 Aooi steps, 
 
 For marking 
 the tioanda- 
 lies of «ud 
 mining 
 Htreets. 
 
 2. For raising, upon the petition of at least two-thirds of 
 the freeholders and householders resident in any street, pqnare, 
 alley or lane, representing iYi value one half of the ratable pro- 
 perty therein, such sums as may be necessary for swoepio^r, 
 watering or lighting the street, square, alley or lane, by nioan» 
 of a special rate on the ratable property therein; («) but the 
 Council may charge the general corporate funds with the 
 expenditure incurred in such making or repairing, or in such 
 sweeping, watering or lighting as aforesaid j (o) 
 
 3. For regulating or preventing the encumbering, injuring 
 or fouling, by animal?, vehicles, vessels or other means, of luiy 
 road, street, square, alley, lane, bridge or other comniuniL-a- 
 tion ; (;>) 
 
 4. For directing the removal ofdoor-steps, porches, r;iiiiiig8 
 or other erections or obstructions projecting into or over any 
 road or other public communication, at the expense of the 
 proprietor or occupant of the property connected with which 
 such projections are found ; (g) 
 
 5. For surveying, settling and marking the boundary lines 
 of all streets, roads and other public communications, and for 
 giving names thereto, and affixing such nr.mcs at the corner; 
 thereof on either public or private property, (r) 
 
 F.jtcliiHTe 
 juriDdiction 
 over certain 
 roads by 
 Counties. 
 
 Exclusive Jurisdiction over Roads. 
 
 COUNTIES. 
 
 What Roads. 
 
 341. The County Council shall have exclusive jurisdiction 
 
 over all roads and bridges lying within any Township of the 
 
 County, and which the Council by by-law assumes as a County 
 
 road or bridge, until the By-law has been repealed by the 
 
 (n) The objects here contemplated are sweeping, watering or light- 
 ing. Assessments may be made for one or other of those objci^ts, 
 " upon petition of at least two-thirds of the freeholders and house- 
 holders resident in any street, Ac., representing in Talue on« half of 
 the ratable property therein, etc." (See note to sec. 302.) 
 
 (o) Tiie meaning i», that for the purposes mentioned, the Council 
 may but is not bound to assess localities immediately benefited. If 
 8uch be not done, of course the charge will fall upon " the general 
 corporate funds." 
 
 (p) Tlie power is not only to "regulate," but to "prevent." 
 
 (</) See sub-sec. 2 of sec. 296, and note thereto. 
 
 (r) To " survey " a street may be to open a new street ; to " settle " 
 n street may be to make certain the boundaries of a street already laid 
 out; and this done, the boundary lines may be "marked." 
 
THE MUNICIPAL MANUAL. 
 
 270 
 
 Council, and over all bridges acoss streams separating two 
 lownships in the County, and over every road or bridge 
 dividing different Townships, altuough such road or bridge 
 may so deviate as in some places to lie, wholly or in part, 
 within one Township: (a) 
 
 (a) It ig by sec. 316 enacted that the soil and fref hold of evory liigh- 
 way or roud, altered, amended or laid out according to law, shall be 
 ve,st(;d in Her Majesty, IJer heirs anc successors. It is by sec. 338 
 enacted that evcri/ public road, utreet, bridge or other h'ffhwayinot sayinpj 
 soil or freehold), in a city, township, town or incorporated vil'ap;e, shall 
 be vested in the Municipality, subject to any rights in the soil which the 
 individuals who laid out such road, street, bridge or highway reserved. 
 It is by the section here annotated, enacted that the County Council 
 shall linve exclusive juriidiction over the roads and bridges mentioned, 
 which may include roads and bridges such as mentioned in sec. 310 
 and sec. 338. The editor endeavored in note^' to sec. 316 to reconcile 
 sees. 316 and 338. It is now necessary, if possible, to reconcile the 
 secti<m under consideration, with those sections. 
 
 The section under consideration, it will be observed, omits all refer- 
 ence to " the soil and freehold" as provided for in sec. 316 and 338, 
 and omits the use of the word " vest" as used in the latter section. It 
 simply declares that as to the roads and bridges intended, the County 
 Council (not corporation) shall have exclusive jurisdiction. The reason 
 which probably led the Legislature to confer the exclusive jurisdiction 
 upon counties over county roads and bridges, without vesting the soil 
 or property of them in the counties, was, that the county has no pecu- 
 liar or exclusive locality constituting the county, apart from the separate 
 municipalities which compose it ; and it might seem inconsistent after 
 vesting every public road, street, bridge or other highway, in a city, 
 townsliip, town, or incorporated village in the Crown or in the parti- 
 cular local municipality, to vest any of the same highways in the cor- 
 poration of the county, and therefore, " the exclusive jurisdiction" was 
 alone conferred upon the County Council, as the grant of a power 
 sufficiently large for all practical purposes, and indicating that the 
 local municipality or municipalities are to be excluded from all inter- 
 ference in the exercise of that power. (Per Adam Wilson, J., in The 
 Corporation of the County of Weltinffton v. Wilson et al. 16 U, C. C. P. 
 130.) 
 
 The exclusive jurisdiction is conferred as to the following roads and 
 bridges : 
 
 1. All roads and bridges lying within any township of the county and 
 
 which the Council of the county assumes as a county road or 
 bridge. 
 
 2, All bridges across streams separating two townships in the county. 
 S. Every road or bridge dividing different townships, although such 
 
 road or bridge may so deviate as in some places to lie wholly 
 
 or in part within one township. 
 It would appear to be necessary for the County Council to pass a 
 by-law assuming a road or bridge only where the road or bridge is 
 within any townshi^i. In all cases of roads or bridges dividing different 
 townships in the county, or bridges across streams separating two 
 townships in the county, the County Council has exclusive jurisdiction 
 
280 
 
 THE MUNICIPAL MANUAL. 
 
 To 1m 
 
 opiDAd, Ac, 
 hy Towiiship 
 Councils. 
 
 II asiy Coun- 
 cil fiiU to 
 l>;«rtoi m iu 
 
 ToAvssiiip Boundary Links, 
 
 1, All Township boundary lines not assumed by thn County 
 Council sbnll be opened, luaii'^uined and improved by the 
 Township Councils ; (b) 
 
 2. WheneverTownship Councils fail to maintain such roads, 
 in the same way .3 other Township roads, by mutual auree- 
 inent as to the share to be borne by each, it shall be competent 
 for one or more of such Councils to apply to the County 
 Council to enforce joint action on all Township Councils 
 interested; (c) 
 
 by authority of the statute, without any by-law whatever (per Adam 
 Wilson, J., in The Corporation of Wcllinffton v. Wilson ct at., 14 U. C. 
 C. P. 303.) The County Council has no jurisdiction to assume as a 
 county road any road or bridj.;e within any town or inc.o 'poratcd 
 village. Cities, towns, and villages arc not mentioned in this connec- 
 tion, and consequently roads and bridges within such raunicipalties 
 remain exclusively under the jurisdiction of each local municipality, 
 witbin which they are respectively situated (per Burns, J., in The 
 Cfiurchwardins of St. George's Church v. The Corporation of the County 
 of Orey, 21 U. C, Q. B. 265.) 
 
 (6) Tlie sub-sections which follow are now and their meaning in 
 connection with the foregoing anything but clear. By " Township 
 Boundary line" is probably meant, a road forming a township boun- 
 dary, (See sub-sec. 7.) This (if not assumed by the County Council) 
 is to be opened, maintained and improved by the Townshij) Councils. 
 
 It will appear from what is stated in the preceding note, tliat all 
 roads dividing different townships are under the exclusive jurisdiction 
 of the County Council, whether assumed by by-law or not. if this 
 eub-sertion is to be looked upon as extending to roads dividing differ- 
 ent townships and so forming a boundary to each, their cxchasive 
 jurisdiction " is not to be deemed as including any obligation to open, 
 maintain or improve, which ob'lgation is now thrown upon the Town- 
 ship Councils." It does not extend to township boundaries, which arc 
 also county boundaries : ior as to the latter, provision is made by 
 sub-sec. 7 and following sub-sections. The object of these sub-sections 
 is as much as possible to relieve counties of the burden of keeping roads 
 in repair, and throw that burden upon the local municipalities adjacent 
 thereto. The wisdom of such a policy is doubtful. To cast the bui den 
 upon a particular locality, of keeping in repair a county road used by 
 tl»e whole county, seems unfair and unreasonable. (See remarks of 
 Adam Wilson, J., in Rose and the Corporaiion of the United Counties of 
 Stormpnt, JJundas and Olengary, 22 U. C. Q. B. 537.) 
 
 (c) The roads here intended are " the Township Boundary lines," 
 mentioned \fi the preceding sub-section. Apparently the intention is 
 to embrace roads dividing townships ; otherwise there would be no 
 necessity for a provision as " to the share to be borne by each" in 
 respect of the obligation to open, repair and improve. It is true that 
 in the case of townships adjacent to an unsurveyed track, the provision 
 would be in terms applicable, whether townships were divided or not 
 by " the boundary line." Bat the probability is, that the Legislature 
 
THE MUNICIPAL MANUAL. 
 
 281 
 
 3. Tn cases whore all tlio Township Councils interested 
 neglect or refuse to open up and repair such lines of road in a 
 nianiKM- similar to the other local roads, it shall be coinp<!tent 
 for a majority of the rate-payers resident on the lots bordcrini^ 
 on either or both sides of such line, to petition the County 
 Counuil to enforce the openinfj up or repair of such lines of 
 road by the Township Councils interested ; (jl) 
 
 4. It shall bo the duty of a County Council receivinj? such 
 petition, either from Township Councils or from rate-payers, 
 as in the preceding sub-section mentioned, to consider and act 
 upon the same at the session at which the petition is presented'; 
 it shall be the duty of the County Council to determine upon 
 the amount which each Township Council interested shall be 
 required to apply for the opening or repairs of such lines of 
 foad, or to direct the expenditure of a certain proportion of 
 statute labour, or both, as may seem necessary to make the 
 said lines of road equal to other local roads j (e) 
 
 5. It shall be the duty of the County Council to appoint a 
 Commissioner or Commissioners to execute and enforce their 
 orders or by-laws relative to such roads; provided always, 
 that if the representatives of any or all of the Townships 
 interested shall intimate to the Council or to the Commissioner 
 or Commissioners so appointed, their intention to execute the 
 work tltemselves, then such Conimissioner or Commissioners 
 shall dtlay proceeding for a reasonable time; but if the work 
 be not proceeded with during the favourable season by the 
 
 If nil tfat> 
 CouudU Uth 
 
 Duty of 
 County 
 Council en 
 p»tition. 
 
 Amnunt to 
 lie furnlRheJ 
 by each 
 Township. 
 
 Commi8f>ion- 
 era to enforce 
 orJei of 
 County 
 Council US to 
 Kui'h roailf, 
 
 I'rovho. 
 
 iiKiant t!ic subsection to liavc ft irioic exlciitk'cl operntion. TJiis 
 supposition is eonfii'niecl l>y i\ I'ofL'venc-o to suL-sfc. S, which g-ivos cer- 
 tain ])o\vcr3 to the rfttc-payers l)ori1oring " on either or bolh sides of 
 such line." T!io County Council is, in relation to such townships, as 
 it wore, made the arbiter. Power is given to the County Council, on 
 the npjilication of any township interested, " to enforce joint uction" 
 on all interested. The application should be by petition. 
 
 (d) The preceding sub-section supposes at least one of the townships 
 interested disj)osed to do what is required of it. But if r.ll interested 
 fail to perform the duty cast upon them, a majority of tiie rate-payers 
 resident on the lots bordering on either or both side? of such line, may 
 petition the Council to enforce the opening up or repair of such line, 
 by tlie Township Councils interested. The time and mode of so doing 
 arc provided for by the next sub-section. 
 
 (e) In order that time may not be u'lnecessarily lost, it is made the 
 duty of the County Council " to consider and act upon " the petition 
 "at the session at which the petitio'i is presented." The action may 
 be either by directing the expenditure of money, or the doing of statute 
 labour, or both, as may seem ne'iessarj', " to make the said lines of 
 road equal to other local roads." (See note / to sec. 339.) 
 
282 
 
 TIIK MUNfCIl'AL. MANUAL. 
 
 Payinoatn to 
 1)4 made by 
 Townxliip 
 
 CouncilK. 
 
 Towniihip 
 ImundarittH, 
 buint; uIhu 
 County 
 boundarief. 
 
 When the 
 several 
 TownHhfps 
 Interested 
 ninnot cgree 
 
 Wardens 
 ann County 
 Judfteto 
 decide. 
 
 Township officers, then the Coiuiuissioncrs shall undertake anil 
 finish it thomsolves; (/) 
 
 0. Any sum of money so determined upon by the County 
 Council as the portion to be paid by the respective Townships, 
 shall be puid by the County Treasurer on th<; order of the Cuiii- 
 missioner or Commissioners, and the amount retained out of 
 any money in his hands belonging to such Township, but if 
 there bo not at any time before the strikin<» of a County rate 
 any such moneys belonging; to such Township in the Treasurer's 
 hands, an additional rate shall bo levied by the County Council 
 against such towuship sufficient to cover such advances; (_(;) 
 
 COUVTY BoUNDAUIJtS. 
 
 T. Township boundary-line roads, forming also the County 
 boundary lines, and not assumed or maintained by the respec- 
 tive Counties interested, shall be maintained by the respective 
 Townships bordering on the same; (/t) 
 
 8. Whenever the several townships interested in the whole 
 or part of any line road, are unable mutually to agree as to 
 their joint action in opening or maintaining such line road, or 
 portion thereof, one or more of sucb Township Councils m.iy 
 apply to the Wardens of the bordering counties to determine 
 jointly the amount which each township shall be rc(|uired to 
 expend either in money or Statute labour, or both, and the 
 
 (/) The mere order or direction of the County Council, without 
 powers to enforce it against the townships interested, would be of little 
 avail. Power is therefore given to County Councils to appoint a com- 
 missioner or commissioners " to execute and enforce their orders or 
 by-laws relative to such roads." This is as it were in territrcin ; for it 
 is also provided that if the representatives (probably meaning Reeves 
 or Deputy Reeves) of any or all of the townships interested shall inti- 
 mate to the Council or to the commissioner or commissioners their 
 intention to execute the work themselves, then tlio commissioner or 
 commissioners may delay their proceeding. Hut the delay is only to 
 be for " a reasonable time." If the work be not proceeded with during 
 " the favorable season " by the township officers, then the commis- 
 sioners shall undertake it, and finish it themselves. 
 
 {ff) Where commissioners do the work, some provision is necessary 
 for payment. It is therefore provided that the money .shall bo paid 
 by the County Treasurer. " on the order of the commissioner or com- 
 missioners." When so paid, the money is to be retained b^' the County 
 Treasurer out of any money in his hands belonging to the township. 
 If none, then the County Council may levy against such township a 
 rate " sufficient to cover such advances." 
 
 {A) This is an extension to townships adjacent to roads wliich are 
 boundary lines of different counties, of the principles contained in the 
 preceding sub-sections as to roads which are the boundary lines of 
 several townships in the same county. 
 
n 
 
 THE MUNICIPAL MANUAL. 
 
 28S 
 
 y 
 
 ■11- 
 
 K 
 
 lif 
 |tu 
 
 il 
 
 mode of cxpendituro on such road ; tho County Judfj;o of tlio 
 county in which the township first ninkinpf the application is 
 situiitc shall, in all cases, be tho third ubitrator when such 
 Wardens are unable to agree ; (i) 
 
 9. It shall be the duty of the Wardens of tho Counties in- M«eiingof 
 terestcd to meet within twenty-one duys from the time of ^* •»'<•«""• 
 receiving such application for the determinnt'on of the matter 
 
 in dispute j tho Warden of the County in which tho Township who to 
 first making the application is situated, shall be tho convener fc'^ene, *c 
 of the meeting j and it shall be his d.iy to noLifyth« TYardeii 
 of the other County and County Judge of thi ti'i! and place 
 of meeting, within eight days of tho time of li^ receiving such 
 application ; Q") 
 
 10. At such meeting, the Wardens and County Judge or any wimttho 
 two of them, shall determine on the share to be borne by the ]|nj'^rouuty 
 respective townships, of the amount required on the j.; rt or .imi,!ephaji 
 parts to bo opened or repaired by each or both, and shall ap- '^''**""'°*- 
 point a Commissioner or Commissioners to superintend such 
 
 work, and it shall be the duty of the Township Treasurer to 
 pay the orders of such Commissioners to the extent of the 
 sum apportioned to each ; and path-masters controlling tho 
 Statute labour on the lots adjoining such line, on tho portion 
 of such line to be opened or repaired, shall obey the orders of 
 >uoh Commissioner or Commissioners in performing the Statute 
 labour unexpended; (A;) 
 
 (/) The County Council is, as it were, made tho arbiter between 
 townships in tho same county. (See note c, above.) But whore tho 
 townsliips are of ditTorent counties, the Wardens of the counties are by 
 this sub-section made the arbiters. Their power as such arbiters is 
 " to determine jointly the amount which each township slinll be 
 required to expend, either in money or statute labour, or both, avd 
 tlio mode of expenditure." In case the Wardens are unable to ogree, 
 tho County Judge is made the direct arbitrator. 
 
 (j) In order that time may not be unnecessarily lost, it is made liio 
 duty of the Wordens to meet " within twenty-one days " from tlie 
 time of receiving the application. The initiative rests upon the War- 
 den of the county in which tho township that first made the applica- 
 tion is situate. He is the convener of the meeting. It is made his 
 duty to notify the Warden of the other County and the County Judge 
 of the time and place of meeting. This he must do " within eight 
 days " of the time of his receiving the application. 
 
 (l) By sub-section 8 it is provided that tho County Judge is to be 
 the third arbitrator, "when such Wardens are unable to agree." And 
 yet it is provided by subsection 9, that the convening Warden shall 
 (before any opportunity to agree or disagree) notify "the other Wor- 
 den and the County Judge of the time and ploce of meeting; and 
 here it is provided that " the Wardens and County Judge, or any two 
 
 I i 
 
 / 
 
284 
 
 TlIK MUNICIPAL MANUAL. 
 
 County 
 Coiinril may 
 aKKume tlio 
 '.oad, Ac. 
 
 11. Any County Council may assume, make and mainta'm 
 any Township or County Line at the expense of the County 
 or may grant such sum or suras from time to time for the said 
 purpose as they may deem expedient ; (^) 
 
 Bridges over 12- It shall be the duty of County Councils to erect and 
 riversbeiiiB niaiutaiu Bridgcs over Rivers formincr Township or County 
 lioundary Lines, and lu the case of County Councils failing to 
 agree on the respective portions of the expense to be borne by 
 the several counties, it shall be the duty of each County Coun- 
 cil to appoint arbitrators as provided by this Act, to determine 
 the amount to be so expended, and such a^'ard as may be 
 made shall be final, (nt) 
 
 Roads Assumed to be Macadamized. 
 
 Roads 342. When a County Council assumes by By-law any 
 
 5)6 macadam- Road or Bridge within a Township as a County Road or 
 
 .zed, &c. Bridge, (j ) the Council shall, with as little delay as reasonably 
 
 may be, and at the expense of the County, cause the road to 
 
 of them," shall determine, (fee, as if the County Judge were to be 
 third arbitrator, whether the Wardens disajyreed or not. In these 
 respects there is nn apparent inconsistency between the sub-sections 
 mentioned. 
 
 The duties of the arbiters aVe : 
 
 1. To determine on the share to be borne by tlie respective townships 
 
 of the amount required on the part or parts to be opened or 
 repaired by eacli or both. 
 
 2. To appoint a commissioner or commissioners to superintend such 
 
 work. 
 
 It is the duty of the Township Treasurer to pay the orders of the 
 commiissioners to the extent of the sum apportioned to c.icli townsliip. 
 
 Besides, path-masters controlling statute labour on lots adjoining 
 the line, on the portion of the line to be opened or repaired, must obey 
 tlie order of the commissioner or commissioners in performing the 
 statute labour unexpended. 
 
 {I) The object of these sub-sections, as explained in note c above, is 
 ns much as possible to relieve counties from the burden of opening or 
 repairing roads. But still, any County Council may, under this sub- 
 section, either assume, make and maintain any township or county lino 
 at the expense of tlic county, or grant such sum or sums from time 
 to time for the said purpose as they may deem expedient. 
 
 (m) The obligations of County Councils in regard to bridges remain 
 unimpaired. The County Councils must not only erect but maintain 
 bridges over rivers forming township or county boundnries ; and where 
 several County Councils are interested, there must be an arbitration, 
 unless they mutually agree. The power of the arbitrators is, " to 
 determine the amount to be so expended. If the award be in other 
 respects valid, " it shall be final." 
 
 (n) See note a to sec. 341, 
 
TifE Ml/xVICIPAL MANUAL. 285 
 
 be planked, gravelled or macadamized, or the Bridge to be 
 built in a good and substantial manner, (o) 
 
 Certaim Powers of Justices in Sessions Transferred.. 
 3413- All powers, duties and liabilities which at any time Certain 
 before the first day of January, one thousand eight hundred powers of 
 and fifty, belonged to the Magistrates in Quarter Sessions, with gewions '" 
 respect to any particular Road or Bridge in a County, and not tiansfcrred. 
 conferred or imposed upon any other Municipal Corporation, 
 shall belong to the Council of the County, or in case the Road 
 or Bridge lies in two or more Counties, to the Council of such 
 Counties ; and the neglect and disobedience of any regulations 
 or directions made by such Council or Councils, shall subject 
 the offenders to the same penalties and other consequences as 
 the neglect or disobedience of the like regulations or directions 
 of the 3Iagistrates would have subjected them to. (/>) 
 
 General Powers op Counties Respecting HiGinvAYS. 
 
 344- The Council of every County (q) shall have power By-laws for- 
 to pass 15y-!aws for the following purposes : 
 
 1. For stopping up, or stopping up and sale, of any original Saio of mi- 
 allowance lor roads or parts thereof within the County, which fi°cs*4cr' 
 
 (o) It is not in the power of a County* Council to assume a road or 
 bridge as a county road or bridge, and then cast upon a local muni- 
 cipality tlie burden of lualtinjj the road or bridge, repairing or main- 
 taining it. (//t J'c Jiose and the Corporation of the United Counties of 
 Stormont, Dundas'and Glmgary, 22 U. C. Q. B. 531.) 
 
 {p) This section is not to be understood as limiting the responsibility 
 of counties to just the same measure of rcsiionsibility to which magis- 
 trates in Quarter Sessions were subjected. This is not the purpose 
 of the clause. It is a transfer clause or clause of conveyance from 
 the JIagistrates to the County Councils of all the powers, etc., and 
 on the completion of such transfer the Councils are to hold the 
 property operated upon in like manner and subject to the general 
 duties and liabilities applicable to their other property. The section 
 too, it will bo seen, applies only to such particxilar roads and bridges 
 as were not conferred or imposed on any other Municipal Council ; 
 but it is difflcult to say what roads or bridges con be within it, when 
 sees. 317, 320, 338 and 339 have already conferred or imposed every 
 road and bridge upon some municipality, excepting those Government 
 worlcs si»ocialiy exempted under sec. 318. The section under consider- 
 ation was, i*^ is presumed, inserted exabundanticautela,&M(!inQt because 
 there was any case or special property upon which it can really operate 
 (per Adam Wilson, J., in Harrold v. The Corporation of the County of 
 Simcoe and the Corporati'^n of the County of Ontario, 16 U. C. C. P. CO, 
 61.) Counties are liabio at common law for non-repair of county 
 roads. {lb.) 
 
 {q) Lesser nunicipalities than counties have power to pass by-laws 
 for some of the purposes hereinafter mentioned. 
 
 ! 1 
 
286 
 
 THE AlUNICIPAL MANUAL. 
 
 for roads in 
 certain caees. 
 
 PreventiDg 
 furious driv- 
 ing. 
 
 Roitds within 
 or between 
 Beveral Mu- 
 nicipnlitieH. 
 
 is subject to the sole jurisdiction and control of the Council, 
 and not beini; within the limits of any Village, Town or City 
 within or adjoining the County; (r) but the By-law for this 
 purpose shall be subject to the three hundred and twenty-third 
 section of this Act ; (s) 
 
 2. For preventing immoderate riding or driving of horses 
 or other cattle on highways, whether Township or County 
 highways; (t) 
 
 3. For opening, making, preserving, improving, repairing, 
 widening, altering, diverting, stopping up and pulling down, 
 irains, sewers, water-coursea, roads, streets, squares, alleys, 
 lanes, bridges or other public communications, running or 
 being within one or more Townships, or between two or more 
 Townships of the County, or between the County, and any 
 adjoining County or City, or on the bounds of any Town or 
 Incorporated Village within the boundaries of the County, as 
 the interests of the inhabitants of the County in the opinion 
 of the Council require to be so opened, made, preserved and 
 improved, and for entering upon, breaking up, taking or using 
 any land in any way necessary or convenient for the said pur- 
 poses, (u) subject to the restrictions hereinbefore contained. (y) 
 
 (»•) The stopping up of a highway is one thing, and the sale of it 
 another. The sale is in no way essential to the effective stopping up 
 of the highway. The power is to pass by-laws for stopping up, or 
 stopping up and sale, <fec. (See note r to see. 323.). But the powers 
 conferred, so far as counties are concerned, are limited to an original 
 allowance for roads or parts thereof within the county, and only to 
 such as are subject to the solo jurisdiction and control of the County 
 Council, and not being within the limits of any village, town or city 
 within or adjoining the county. 
 
 (.s) See sec. 323, and notes thereto. 
 
 (f) So as to prevent immoderate driving, the Council is invested 
 with the jurisdiction necessary to pass by-laws for the purpose over 
 all highways, whether township or county highways. The jurisdic- 
 tion apparently does not extend to highways in towns or incorporated 
 villages, and certainly not in cities, for cities for such purposes are 
 deemed counties. 
 
 {n) The powers of County Councils under this clause extend to 
 drains, sewers, water-courses, roads, streets, «fec. : — 
 
 1 . Wthin one or more townships. 
 
 2. Between two or more townships. 
 
 3. Between the county and adjoining county or city. 
 
 4. On the bounds of any town or incorporated village. 
 See note a to sec. 341 
 
 (r) Some of the provisions here referred to are sees. 318, 319, 320, 
 321, 322, 323 and 325. 
 
THE MUNICIPAL MANUAL. 
 
 287 
 
 1 1 
 
 4. For protecting and regulating of Booms on any stream Protecting 
 or river for the safe-keeping of timber, saw-logs and staves ^*^'"*" 
 within the municipality ; (w) 
 
 Trees Obstructing Highways. 
 
 5. For directing that, on each or either side of a highway May direct 
 passing through a wood, the trees, (unless they form part of H^^J^r^^on 
 an orchard or a shrubbery, or have been planted or reserved «*'=^^^^^®g°' 
 expressly for ornament or shelter,) shall, for a space not ex- ^ » • 
 ceedingly twenty-five feet on each side of the highway, be cut 
 
 down and removed by the Proprietor within a time appointed 
 by the By-law, or, in his default, by the County Surveyor or 
 other Officer in whose division the land lies ; and, in the latter 
 case, for authorizing the trees to be used by the Overseer or 
 other Officer for any purpose connected with the improvement 
 of the highways and bridges in his division, or to be sold by 
 him to defray the expenses of carrying the By-law into 
 effect ; (a;) 
 
 Local Rates for Special Improvements. 
 
 6. For levying by Assessment on all ratable property within Local rates 
 any particular part of one or parts of two Townships to be j^^pXe'^ 
 described by metes and bounds in the By-law, in addition to r s. 
 all other Rates, a sum sufficient to defray the expense of 
 making, repairing or improving any Road, Bridge, or other 
 public work, lying within one township or between parts of 
 such two Townships, and by which the inhabitants of such 
 parts will be more especially benefited ; provided that the 
 provisious of this sub-section shall not be held to apply to any 
 
 {w) This is a new sub-section, it authorises by-laws : — 
 
 For tlie protection and regulation of booms on any stream or river, 
 
 and 
 For the safe-keeping of timber, saw logs and staves, witJiin the 
 municipality. 
 
 {x) Powers precisely similar to those by this clause conferred on 
 counties, are also by this act conferred on townshij)8, (Sec. 345, sub- 
 sec. 3.) This may cause some conflict of jurisdiction. With respect 
 to counties, if the proprietor neglect or refuse, within the time limited 
 for tlie purpose, to remove tlie trees, it is enacted that the removal may 
 be eft'ected by " the County Surveyor," in which case the by-law may 
 authorize the trees to be used " by tfie Overseer or other officer," for any 
 purpose connecte'd with the improvement of the highways, <fec. With 
 respect to townships, these powers are to be exercised by " the Over- 
 seer of Highways." (Sec. 345, sub-sec. 3.) Where the word "overseer" 
 occurs in the section here annotated, it is presumed that it also means 
 " overseer of highways." 
 
 Jj 
 
233 
 
 THE MUNICIPAL MANUAL. 
 
 I'roceeding 
 t - obtHiii a 
 P.v-lsw lor. 
 
 Notico to be 
 given. 
 
 Far «iilingi 
 making 
 roada and 
 
 
 road, bridge or other public work within the limits of any 
 Town or incorporated Village Municipality ; (y) 
 
 7. liut no such By-law, as referred to in the last preceding 
 sub-soction, shall be passed, except — 1. Upon a petition signed 
 by at least two thirds of the Electors who shall be rated for at 
 least one half of the value of the property within those parts 
 of such Townships which are to be affected by the By-law ; (.t) 
 2. Nor unless a printed notice of the petition, with the names 
 of the signers thereto, describing the limits within which the 
 By-law is to have force, has been given for at least one month, 
 by putting up the same in four different places within such 
 parts of the Township and at the places for holding the !^ittlng8 
 of the Council of each Township, whether it be within such 
 parts or not, and also by inserting the same wceldy for at l(5ast 
 four weeks in some newspaper, if any there be published in 
 the County, or if there is no such newspaper, then in a news- 
 paper published in some adjoining County ; ((/) 
 
 AiuiN'G Townships, &c., i.v making Hoads and Br.iDCins. 
 
 8. For granting to any Town, Township or incorporated 
 Village in the County, aid, by loan or otherwise, towards 
 opening or making any new road or bridge in tho Town, Town- 
 ship or Village, in cases where the Council deems the County 
 at large sufficiently interested in the work to justil'y sucli 
 assistance, but not sufficiently interested to justify tho Council 
 in At once assuming the same as a County work. (/>) 
 
 (if) The power to levj' rates is in general on nil tlie ratahle property 
 in tlie particular township. The exception here is in the case of local 
 improvements, where the inhabitants of a particular part of the town- 
 ship, or parts of two townships, will be more CPiiecinlly benefited. Tim 
 local rate must be levied by bylaw, subject to the provisions eontaiiuil 
 in the next sut-ection. 
 
 (z) A petition for local assessment in a city, town or incorporated 
 villajje, must be signed by " vatdenf freeliolders and householders," 
 but in a county by " electors," wlio must be male freeholders or house- 
 holders, assessed for a given sum, but not neces.sarily residents (s. 34' >) . 
 
 (a) Here too there is a difference between counties and other nunii- 
 cipalities in respect to the subject matter of this section; for altliou<;h 
 ns to counties jiublication of the petition in the manner above directed 
 is required, no publication is necessary as to cities, towns or incorpo- 
 rated villages. (Sec. 340.) 
 
 1^) Tiif power of a County Council to grant aid for the purjjoses 
 mentioned exists only where the Council deems the county nt largo 
 snfficioutly interested " to justify the assistance," but not so much so 
 as to justify the Council in at once assuming the worli as a county 
 work. The line of demarcation may not be in nil cases easii}- drawn, 
 but the decision rests with the Council, and for this reason cannot 
 cause much difficulty. 
 
 
THE MUNICIPAL MANUAL. 
 
 289 
 
 Aiding Coun- 
 ty in making 
 roads. 
 
 Stoppinn; u|> 
 and Bale ot 
 original ruHd 
 allowKUi'e. 
 
 TOWNSHIPS. 
 
 34ti. The Council of every Township (c) may pass By- Bylaws for- 
 
 laws : 
 
 AiDiKG Counties in making Roads. 
 
 1. For granting to any adjoining County aid in making, • 
 opening, maintaining, widening, raising, lowering or otherwise 
 iraproving any highway, road, street, bridge or communication 
 lying between the Township and any other Municipality, (<3^) 
 and for granting like aid to the County in which the Township 
 lies in respect of any highway, road, street, bridge or commu- 
 nication within the township assumed by the County as a 
 County work, or agreed to be so assumed on condition of £uch 
 grant ; (e) 
 
 Original Boad Allowances. 
 
 2. For the stopping up and sale of any original allowance 
 for road or any part thereof within the Municipality, and for 
 fixing and declaring therein the terms upon which the same 
 is to be sold and conveyed ; (/) but no such By-law shall 
 have any force (1) unless passed in accordance with the three 
 hundred and twenty-third section of this Act, nor (2) until 
 confirmed by a By-law of the Council of the County in which 
 the Township is situate, at an ordinary session of the County 
 Council, held not sooner than three months, nor later than 
 one year ne^t after the passing thereof; (g) 
 
 Tekes obstructing Highways. 
 
 3. For directing that, on each or either side of a highway Ordorin? 
 passing through a wood, the trees (unless they form part of cuTdowu on 
 an orchard or shrubbery, or have been planted expressly for **='' ^'^'^ *'■ 
 
 (o) Counties have powers to puss by-laws for some of the purposes 
 hereinafter mentioned. 
 
 (d) The power of a township to aid a connty in which it ia not 
 situate, in the malting, opening, Ac, any highway, Ac, does not extend 
 td all roads, «fec., but only such as are lying between the township grant- 
 ing the aid and any other municipality, though in a different county. 
 
 (e) Tlie grant in aid of the county in which the municipality grant- 
 ing the aid is situate, may be made in respect of any highway, 4c., 
 within the township assumed by the county as a county work, Ac. 
 
 {/) The stopping up is one thing, and the sale another. The allow- 
 ance may be effectually stopped up, though not sold. (See wUf, r tp 
 sec. 323.) The powers must be exercised by by-law. °' 
 
 (ff) The difference between the exercise of the powers betweeo a 
 Township Council and a County Council ia, that while the by-law of 
 the latter is absolute, the by-law of the former is not effectual oatil 
 confirmed. (See Bmilton and the Toion Council of I'eterborougfi, 16 
 U. C. Q. B. 380; Winter v. Keown et al, 22 U. C. Q. B. S4I.) 
 
 19 
 
290 
 
 THE MUNICIPAL MANUAL. 
 
 (irantiuj? 
 money for 
 that pur- 
 pose. 
 
 Purchasing 
 wet lauds 
 from Uovern- 
 
 IllniUt. 
 
 Baiaing 
 mouey for 
 timt pur- 
 po'sa. 
 
 Disposing of 
 such land. 
 
 ornament or shelter") shall, for a space not cxceedinp: twenty- 
 five feet on each side of the highway, be cut down and 
 removed by the proprietor within a time appointed by the 
 By-law, or, on his default, by the Overseer of Hi^'hways, or 
 other officer in whose division the land lies; and, in the latter 
 case, for authorizing the trees to be used by the Overseer or 
 other officer for any purpose connected with the improveniont 
 of highways and bridges in his division, or to be sold by him 
 to defray the expenses of carrying the By-law into effect, ; 
 
 4. For granting, out of Township funds, any sum of money 
 that may be necessary to pay for the cutting down and remov- 
 ing the timber in the third sub-section mentioned ; (/) 
 
 5. For purchasing from the Government or ary Corporation 
 or person, at a price (in case of Crown lands, to je fixed upon 
 by the Governor-in-Council, and which price the Governor-in- 
 Council is hereby authorized to fix), all the wet lands at the 
 disposal of the Crown or such Corporation or person in any 
 such Township; and such lands may be sold accordingly to 
 the Corporation of any such Township ; (j) 
 
 6. The purchase and draining of such lands shall be one of 
 the purposes for which any such Corporation may raise money, 
 by loan or otherwise, or for which they may apply any of its 
 funds not otherwise appropriated ; (/<r) 
 
 7. The Corporation of any such Township may possess and 
 hold the land so purchased, and may, whenever they deem it 
 expedient, sell or otherwise depart with or dispose of the same 
 
 («■) This and the four following sub-sections are new. Tiic power to 
 pass by-laws for the purpose of cutting down trees or, n.-c': f,'le of a 
 highway would, one would suppose, involve the right ' . - ■. '. of 
 township funds the money necessary for tiiat purpo^ic. „. ' • . uv.>id 
 doubt, the right is here in express terms conferred. 
 
 (j) Municipal Corporations are not in general ftutho"'. ic dcaliu 
 lands. The Council of every county, township, city, town and incor- 
 porate* village may pass by-laws for obtaining such real and personal 
 property as may be required for the use of the Corporation. (Sec. 246, 
 sub-sec. I.) The additional power is here conferred on the Councils of 
 townships, to purchase all the wet lands at the disposal of the Crown 
 or any corporation, or person in any township. 
 
 {k) Unless power were conferred to drain the wet lands, the purchase 
 of which is authorized by the preceding sub-section, the lands would 
 be of little value to the Township Corporation. Here it is declared 
 that the purchase and draining of such lands shall be one of the pur- 
 poses for which any Township Corporation may raise money by loan 
 or otherwise, or for which it may apply any of its funds not otherwise 
 appropriated. 
 
TnE MUNICIPAL MANUAL. 
 
 291 
 
 of 
 
 >S.'^ 
 
 "by public auction, ia like manner as they may by law sell or 
 dispose of other property, and upon such terms and conditions, 
 and with such mortgages upon the land so sold, or other secu- 
 rity for the purchase money or any portion thereof, as they 
 may think most advantageous ; (l) 
 
 8. The proceeds of the sale of such lands shall form part of Proce«d«oT 
 the general funds of the Municipality, (m) *" "' 
 
 WiiEx Roads is Villages or Hamlets may be sold by Township 
 
 Councils. 
 
 3-16. In case the Trustees of any Police Village, («) or when road* 
 fifteen of the inhabitant householders of any other unincorpor- yii'a^Jf/njay 
 ated village or hamlet consisting of not less than twenty be sow by 
 dwelling houses standing within an area of two hundred acres, ^"nciuf 
 (o) petition the Council of the Township in which the village 
 or hamlet is situate, (p) and in case the petition of such un- 
 incorporated village or hamlet not being a Police Village, is 
 accompanied by a certificate from the Registrar of the County 
 within which the Township lies, that a plan of the village or 
 hamlet has been duly deposited in his office according to the 
 registry laws, (q) the Council may pass a By-law to stop up, 
 sell and convey, or otherwise deal with any original allowance 
 for road lying within the limits of the village or hamlet, as the 
 same shall be laid down on the plan, but subject to all the 
 
 (/) The powers to purchase and drain would not be of much value 
 withont a power to sell when drained. But the sale can only be by 
 public auction. This is intended as a provision against favouritism. 
 
 (m) As the purchase money may be taken from any funds not other- 
 wise appropriated, or raised by way of loan or otherwise, payable out 
 of the general funds of the municipality, it ie only right that the pro- 
 ceeds of sale should form part of the general funds of the municipality, 
 
 (n) Of whom there should be three in number. (Sec. 68.) 
 
 (o) Inhabitant householder's. See notes q and »• to sec. 75. 
 
 (p) Though a village and hamlet are in common acceptation synony- 
 mous terms, strictly speaking " hamlet" signifies a little village, or a 
 collection of houses less than a village. 
 
 (q) Whenever any land has been surveyed or sub-divided into town 
 or village lots or other lot|, so differing from the manner in which 
 such land was surveyed or granted by the Crown, that the same 
 cannot or is not by the description given of it, easily and plainly to be 
 identified, the person, corporation or company making,- such survey or 
 sub-division, must within three months from the date of the survey or 
 sub-division, lodge with the Registrar apian or map of the same, show- 
 ing the number of the township or town lots, and range or concession, 
 the number or letters of town or village lots, and names of streets, the 
 measurement and magnetic bearings of each lot, on a scale of not Icbs 
 than one inch to every four chains. (29 Vic. cap, 24, sec. 73.) 
 
f 
 
 Tfhon 
 Villace Is 
 partly in 
 eai'h of two 
 townships. 
 
 By-lawg 
 under Kbich 
 Roads are 
 opened on 
 private pro- 
 perty to be 
 registered as 
 to By-l*wg 
 ftlri'iidy 
 papscci. 
 
 THE MUNICIPAL MANUAL. 
 
 restrictions contained in this Act with reference to the sale of 
 original allowances, (r) 
 
 347- The last section shall apply to a village or hamlet 
 situate in two Townships whether such Townships are in the 
 same or in different Counties, and in such case the Council of 
 each of the Townships shall have the power thereby conferred, 
 as to any original allowance for road lying within that part of 
 the village or hamlet which, according to the registered plan, 
 is situate within such Township, (s) 
 
 Registration of By-laws for ofkntso Roads on Pbivatk Propektv, 
 
 348. All By-laws hereafter to be passed by any Municipal 
 Council, under the authority of which any street, road or high- 
 way shall be opened upon any private property, (f) shall, 
 before the same becomes effectual in law, (w) be duly registered 
 in the Registry Office of the county where the land is situate, 
 (v) and for the purpose of registration, a duplicate original of 
 such By-law shall be made out, certified under the hand of 
 the clerk and the seal of the municipality, and shall be regis- 
 tered without any further proof ; (w) and all Bylaws heretofore 
 passed, and all orders and resolutions of the Quarter Sessions 
 heretofore passed, under the authority of which any street, 
 road or highway has already been opened upon any private 
 property, may at the election of any party interested, and at 
 
 (r) See sees. 323, 334. 
 
 («) The last section in terms applies only to a villngo or liainlct 
 situate in one and the same township, as well as in one and the same 
 county, but as villages are often formed at the corners of different 
 townships, which may or may not be in different counties, it is by 
 this section made to extend to " a village or hamlet situate in two 
 townships, whether such townships are in the same county or in differ- 
 ent counties," The extension is scarcely sufficient, for tlnTC arc 
 villages formed of parts of more than two townships. 
 
 (t) Taken from sec. 61 of the new Registry Act, 29 "Vic. cap. 24. 
 
 (u) This is a new requirement. It is now essential to the validity 
 of a by-law under the authority of which a street, road or highway 
 shall be opened through private property, that the by-law be registered 
 as required by this section. • 
 
 (v) Whenever the Registry Office ia only for a riding less than a 
 county, it is presumed that the by-law should, in order to its validity, 
 be registered in the Registry Office of such riding. 
 
 (w I It is only a duplicate original of the by-law that can be regis 
 tered, and not only so, but such duplicate original must be ccrtiflcd 
 under the hand of the Clerk and seal of the miuiicipality. (See note c 
 to sec. 198.) If so certified, it may be registered without further 
 proof If not so certified, it is apprehended the Registrar may reject it. 
 
THE MUNICIPAL MANUAL. 
 
 ^93 
 
 the cost and charges of such party or municipality, be r'iSO 
 duly registered, (x) upon the production to the Registrar of 
 a duly certified copy of such By-law under the hand of the 
 Municipal Clerk and seal of such municipality, (y) or by a 
 duly certified copy of such order or resolution of such Quarter 
 Sessions, given under the hand of the Clerk of the Peace (u8 
 the case may be.) {z) 
 
 Eaiiwats. 
 
 349. The Council of every Township, County, City, Town Municipal 
 and Inc -rporated Village (a) may pass By-laws : ' 
 
 Taking Stock in or aiding Railway Companies. 
 
 1. For subscribing for any number of shares in the capital p^^t^^^^ 
 stock of, or for lending to or guaranteeing the payment of any stock ia 
 sum of money borrowed by an incorporated Railway Company, gulrantw^ 
 to which the eighteenth section of the statute fourteenth and ips <iei>en- 
 fifteenth Victoria, chapter fifty-one (the Railway Clauses Con- "*"' 
 Bolidation Act), or the sections of the Consolidated Statute of 
 Canada respecting Railways, numbered seventy-five to seventy- 
 «ight, have been or may be made applicable by any special 
 Act J (6) 
 
 Oouncila 
 may muke 
 By-laws : 
 
 (x) In the case of streets, <fee., hereafter opened, the section is im- 
 perative. In the case of streets, <fec., opened heretofore, the duty is 
 optional. The option may be exercised by any party interested. If 
 exercised, it is to be at the costs and charges " of such party or the 
 municipality." 
 
 (y) See note w ante. 
 
 {z) In the case of a certified copy of an order or resohition of Quarter 
 Sessions, no seal is made necessary. If given under the hands of the 
 Clerk of the Peace, no more will be required for purposes of registra- 
 tion. 
 
 (a) It will bo observed that this section in terms extends to all 
 Municipal Corporations. 
 
 (6) The aid may be — 
 
 1. By subscription for any number of shares in the capital stock of 
 
 the company, 
 
 2. By lending money to the company. 
 
 3. By guaranteeing the payment of any sum of money borrowed by 
 
 the Company. 
 
 The subscription for stock may be conditional [Higgins et al. v. Th« 
 Corporation of tJie Town of Whitby, 20 U. C. Q. B. 296) ; and if the 
 amount subscribed be paid either directly to the company or to con- 
 tractors of the company at their request, the liability of the munici- 
 pality is thereby extinguished. ( Woodruff et al, v. The Corporation of 
 the Town of Peterborough, 22 U. C. Q. B. 274.) 
 
 The head of the Municipal Corporation subscribing for and holding 
 stock in the company to the amount of twenty thousand dollars or 
 
294 
 
 THE MUNICIPAL MANUAL. 
 
 For guaran- 
 tee! og th» 
 payment uf 
 debentnrci, 
 Ac. 
 
 For iMuing 
 debentutcM. 
 
 Form of. 
 
 To be con- 
 firmed by 
 Public vote. 
 
 Debenturea, 
 when valiil 
 withoat the 
 corporate 
 
 aval. 
 
 2. For endorsing or guaranteeing the payment of any 
 Debenture to be i.ssued by tbo Company for the niouciy by 
 them borrowed, and for assessing and levying from tiino to 
 time upon the whole ratable property of the Municipality a 
 sufficient sum to discharge the debt or engagement so con- 
 tracted; (c) 
 
 3. For issuing, for the like purpose, Debentures payable .-it 
 such time and for such sums respectiv ly not less than twenty 
 dollars, and bearing or not bearing interest, as the 3Iuriifip:iI 
 Council may think meetj (d) 
 
 4. For directing the manner and form of signing or en- 
 dorsing any Debenture so issued, endorsed or guaranteed, aiui 
 of countersigning the same, and by what oflBcer or pcrsun the 
 same shall be so signed, endorsed or countersigned, rcspeo- 
 tively; (c) but no Municipal Corporation shall subsoribo fitr 
 stock or incur a debt or liability for the purposes aforcsiiid, 
 unless the By-law, before the final passing thereof, shall receive 
 the assent of the electors of the Municipality in manner pro- 
 vided by this Act. (/) 
 
 3tS0. Any Debenture for any of the purposes in the pre- 
 ceding section mentioned, signed or endorsed and countersigned 
 as directed by the By-law, shall be valid and binding on the 
 Corporation without the corporate seal thereto, or the obser- 
 
 upward8, <b ex officio one of the directors of the company, in addition to 
 the number of directors authorized by the special act, and has the 
 same rights, powers and duties as any of the directors of the ctmipuny. 
 (Sec. 351.) 
 
 (c) A Municipal Council may, under this cisinse, endorse or ffunrav fee 
 a debenture issued by the railway companies intended, and may assess 
 and levy a sufficient sum to discharge the debt or euffnffcmeut. An 
 endorsement under the clause would seem to be deemed " a debt," 
 while a guarantee is termed an "engagement." (See Con. Stat. Can. 
 cap. 66, sec. 75.) 
 
 (d) No Council is allowed, " unless Sj-ecially authorized so to do, to 
 give any bond, bill, note, debenture.or other undertaking, for the pay- 
 ment of a less amount than one hundred dollars." (Sec. 210.) Hy this 
 clause a special authority is given for tiie issue of debentures in aid of 
 railway companies,, in sums "not less than twenty dollars." (See Con. 
 Stat. Can, cap. 66, sec. 75.) 
 
 (e) The powers are, to direct — 
 
 1. The manner and form of signing or endorsing any debenture so 
 
 issued, endorsed or guaranteed, and of countersigninnj tlx; same. 
 
 2. By what officer or person the same shall be so signed, endorsed 
 
 or countersigned, respectively. 
 
 (/) See sec. 196, etseq.; see also sec. 77 of Con. Stat. Can. cup. OG. 
 
THE MUNICIPAL MANUAL. 
 
 295 
 
 vnnce of any other form with regard to the Debenture than 
 such us may bo directed in ♦ho IJy-hiw. (//) , 
 
 351. In case any Municij.ul Council subscribes for and nend, when 
 holds stock in such Couipa',y to the amount of twenty thou- |j°,,^^^, 
 sand dollars or upwards, the head of the Council shall bo ex, 
 officio one of the Directors of the tympany, in addition to the 
 number of Directors authorized by the special Act, and shall 
 have the same rights, powers and duties as the other Directors 
 of the Company, (/t) 
 
 353. The Council of every Township may pass By-laws ny-inwi 
 for authorizing: any Railway Company, in case such authority Branch'''"^ 
 is necessary, (/) to make a Branch Railway on property of the Railways. 
 Corporation, or on highways, (y) under such conditions as the 
 Ojuncil sees fit, {k) and subject to the restrictions contained 
 in the Consolidated Railway Act, and any other Acts affecting 
 such railway, (l) 
 
 (fi) As ft rule, all debentures niul other specialties duly authorized 
 to be executed on bchnlf of a Municipal Corporation, must be not only 
 for sums not less than one hundred dollars (see noted to sec. 349), but 
 be scaled with the seal of tiio Corporation, and sighed by the head 
 thereof, or some other per8;>n authorized by by-law to sign the same. 
 (Sec. 213.) But debentures issued under these sections in aid of rail- 
 way companies are exceptions to both the general rules. 
 
 (h) But no such head of Council shall, directlj' or indirectly, vote on 
 the election or appointment of any of the private directors of anj' rail- 
 way company incorporated previous to or during the session held in 
 the sixteenth year of Her Majesty's reign, unless the special act of 
 incorporation of the company expressly provides therefor. (Con. Stat. 
 Can. cap. 06, sec, 79.) 
 
 (i) The special act of incorporation may and, if properly drawni 
 ought to render the authority unnecessary, 
 
 (j) Every company to which the Con. Stat. Can. cap. 66, is applica- 
 ble, has, under sec. 9, subsec. 8 of that act, power to make branch rail- 
 ways if required, provided the line of railway be not extended beyond 
 the termini mentioned in the act incorporating the company (sec. 129), 
 and to manage the same, and for that purpose to exercise all the powers, 
 privileges and authorities necessary therefor, in as full and ample a 
 manner as for the railway. 
 
 (k) The use of an ordinary travelled road by the locomotives and 
 carriages of a railway company, must be more or less attended with 
 danger to the ordinary public, and therefore full power is given to the 
 Municipal Corporation, when granting permission, to make it subject 
 to " such conditions as the Council sees fit." 
 
 (1) See Con. Stat. Can. cap. 66, sees. 136 to 150, both inchisive, and 
 sec. 170. 
 
29« 
 
 THE MUNICIPAL MANUAL. 
 
 i 
 
 MiMij of 
 appointing 
 nrb'.tratora 
 itiid coniluct- 
 fDK Rrbitra- 
 tioait. 
 
 Third 
 nrWtrator, 
 
 t'l'uvixion 
 in cane of 
 nciglect to 
 appoint. 
 
 ARBITRATIONS. 
 
 9S9- In all cases of urbitration directed by tliis Act, (m) 
 the prooeodiags shall be us follows : 
 
 1. Each party shall appoint one arbitrator, and f:ivo notice 
 thereof in writing to the other party; and when the other 
 party Is a Corporation, the notice shall be given to the head of 
 the Corporation ; (n) 
 
 2. The two arbitrators appointed by or for the parties shall 
 choose a third arbitrator ; (o) 
 
 3. In case of an arbitration between Townships or between 
 Counties, or between a County and a City, or between a 
 County and Town, if for one month after having received 
 such notice, the party notiGcd omits appointing an arbitrator; 
 and if for ten days after the second arbitrator has been appointed, 
 the two arbitrators omit to appoint a third arbitrator, then, in 
 case the arbitration is between Townships, the Warden of the 
 County within which the Townships are situate, or in case the 
 arbitration is between Counties, or between a County and a 
 City or a Town, the Governor-iu-Conncil may appoint un arbi- 
 trator for the party or arbitrators in default; (p) 
 
 (»») The act by which parties may refer any dispute betwcu'ii them 
 to the pi'lvttto decision of anotlicp party or parties is callrd a suliriiis- 
 sion. T!ie party or parties to wlioin tlio reference is made, arbitrator 
 or arbitrators respectively. Wlicn tlio reference is made to more than 
 one, and provision made that, in case they disagree, anotlicr sliall decide, 
 that other is called an umpire. The jiidj!;ment given or dotertniinitlou 
 made by an arbitrator or arbitrators or umpire is termed nn award, or 
 more correctly, that by an umpire, an umpirage. Corporations sole 
 or aggregate, if not disabled, may submit disputes relating to corporate 
 property to arbitration. {In re Corporation of the Township of liUlon 
 and Fe giMon et al. 6 U. C. L. J. '2i)7.) But unless tiie arbitration be 
 " directed by this act" and " the award made under this act" (see sub- 
 sec. 14) the Court will not exercise summary jurisdiction over the 
 award under the provisions of the Municipal Act. (In re Corporation 
 of the County of Brant and the Corporation of the County of Waterloo, 
 19 U. C. Q. B. 460, 45Y.) 
 
 (n) The Head of every county and provisional corporation is the 
 Warden thereof, and of every city and town the Mayor thereof, and of 
 every township and incorporated village the Reeve thereof. (Sec. 65.) 
 
 (o) It is a common error to look upon a third arbitrator as an um- 
 pire. The difference between a tliird arbitrator and an umpire is that 
 the former is appointed before the aribitration proceeds, and the latter 
 after the arbitrators have entered upon the reference, and are unable 
 to agree. There are other distinctions between the two, unnecessary 
 to bo mentioned here. ( Harrison's C. L. P. Acts, j). 18.5.) Tlie appoint- 
 ment of the third arbitrator is by this clause made a condition prece- 
 dent to the right of the two arbitrators first appointed to act. 
 
 {p) It is the duty of each party to appoint one arbitrator, and give 
 
THE MUNICIPAL MANUAL. 
 
 297 
 
 4. In case of an arbitrution between a Municipal Corpora- iuca»e.)f 
 tion and the owners of property to bo entered upon, takon or ".'I.'JrM't.i 
 used in the exercise of the powers of the Corporation in regard r<>adj,ar«iiiH, 
 to roads, streets or other communications, or to drains and 
 
 sewers, if, aft«'r the passing of the by-law, any person intcrowtod 
 in the property appoints and gives due notice to the head of 
 the Council of his appointment of any arbitrator to determine 
 the compensation to which such person is entitled, the head 
 of the Council shall, within three days, appoint a second arbi- 
 trator, and give notice thereof to the other party, and shall 
 express clearly in the notice what powers the Council intends 
 to exercise with respect to the property (describing it) ; (q) 
 
 5. If within one month after service on the owner or owners if the owner 
 of the property, of a copy of any By-law, certified to be a true J^;[„P'tT",me 
 copy under the hand of the Clerk of the Council, the owner or anarbitiat.i 
 owners omit naming an arbitrator and giving notice thereof as 
 aforesaid, the Council or the head, if authorized by by-law, 
 
 may name an arbitrator on behalf of the Council, and give 
 notice thereof to the owner or owners of the property, and the 
 latter Bhull, within seven days thereafter, name an arbitrator 
 on his or their behalf; (r) 
 
 notioe thereof in writing to the other party. It is tlie duty of the two 
 nrbitrntors so appointed, in ten days n^ter tho appointment of tlio 
 second nrbitrator, to appoint a tliird arbitrator. Default may be 
 made in eitlier particular, and provision is here made tlicrefor. If 
 the arbitration in between townships, tho Warden of the county in 
 which tlio township is situate may appoint the second or third arbi- 
 trator, as the case may require ; but if the arbitration is between 
 counties, or between a county and a city or town, the appointment 
 must bo made by tho Governor in Council. 
 
 (7) A difference is to be observed as to arbitrations between muni- 
 cipal councils and arbitrations between a municipal council and indi- 
 viduals. In the latter case the individual appoints his arbitrator, and 
 gives due notice thereof to the Head of the Council, When he does 
 80 the Head of the Council is required, within three days, to appoint a 
 second arbitrator, and besides to give notice thereof tc the individual; 
 in which notice must be clearly expressed " what powers the Council 
 intend to exercise with respect to the property" (describing it.) It is 
 then tile duty of the two arbitrators, within seven days, to appoint a 
 <A/r</ abitrator. (Sub-sec. 6.) For /orm of mandamus on the head of 
 a municii)al council to appoint an arbitrator, see The Queen v. The 
 Council of Perth, U U. C. Q. B. 156. 
 
 (»•) The initiative is to be taken by the Council, who are required 
 to cause to be served on the owner qf the land to be affected a copy of 
 the by-law affecting it, certified to bo a true copy, under the hand of 
 the Clerk of the Council. Then the initiative as to arbitration is to 
 be taken by the owner so served. It is his duty within one month 
 after service, to name an arbitrator, and give notice thereof to the 
 
298 
 
 THE MUNICIPAL MANUAL. 
 
 Time for 
 appointing 
 ttkird arbi- 
 trator nnd 
 for award. 
 
 Connty 
 Jud^e to 
 appoint in 
 certain cases. 
 
 Appoint- 
 ments, liow 
 to be made. 
 
 G. In either of the cases provided for by the two precedinp; 
 sub-sections the two arbitrators shall within seven days appoint 
 a third arbitrator, and their award shall be made within one 
 month after the appointment j (.s) 
 
 7. If any such owner or occupier neglects naming an arbi- 
 trator within seven days after receiving notice to do so, or if 
 the two arbitrators do not within seven days from the appoint- 
 ment of the lastly named of the two arbitrators, agree on a diird 
 arbitrator within seven days after the lastly named arbitrator's 
 appointment, or if an arbitrator refuses or neglects to act, the 
 Judge of the County Court, on the application of either party, 
 shall nominate as an arbitrator a fit person resident without the 
 limits of the Municipality in which the property in question is 
 situate, and such arbitrator shall forthwith proceed to hear and 
 determine the r'.atters referred to him ; (t) 
 
 8. The appointment of all arbitrators shall be in writing, 
 under the hands of the appointors, or in case of a Corporation, 
 under the corporate seal and authenticated in like manner uj 
 a Uylawj (?«) 
 
 Council in the manner prescribed by the last clause. If he allow the 
 month to exj)ire without doing it, then the Council may taki; the 
 initiative by appointing tlie first arbitrator, and giving notice of his 
 appointment. If this is done the owner of the land is required, with- 
 in sevoi days thereafter, to name tlie second arbitrator. Tiie two so 
 apjiointed of course name a third arbitrator before proceeding with 
 the reference. (Sub-sees. 2 and 6.) 
 
 (.s) Tiie necessity for tlie appointment of the third arbitrator is 
 explained in the notes to the two preceding clauses. The appoint- 
 ment by this clause is in each case to be made within xeven days after 
 the appointment of the last of the two arbitrators, and the award nuist 
 be made within one mouth after such appointment of the third arbi- 
 trator. 
 
 (t) In this respect also a diflfereuce is to be observed between an 
 arbitration between municipal councils and a muuicipal council and 
 an Individual. (See note/' above.) It is the duty, as we have seen, 
 o'" the individual, if he have not taken the initiative, within siren, days 
 after notice of the appointment of the first arbitrator by tiie Council, 
 to appoint a second arbitrator. It is als(, tlie duty of the two so 
 appointed, within neven days after tlie a[>pointment of the last of tutm 
 to name a third arbitrator. If in either rcsjiect there be defaidt made, 
 or if any arbitrator appointed refuse to act, whieii he may do, or 
 neglect to act, the Judge of the County Court has the nomination of 
 the requisite arbitrator. 
 
 (u) Every by-law nuist be under the se.il of the Cor})oration, and 
 be signed by the head, itc., and by the Clerk of the Corpijration. 
 (Sec. I'.)2.) There should, it is appreiiended, be a by-law or resolution 
 of the Council authorizing the appointment, but the Municipal Council 
 may so act as to estop it front taking objection to tlic want of such 
 
THE MUNICIPAL MANUAL. 
 
 209' 
 
 9. The arbitrators on behalf of a Municipal Corporation, or 
 Provisional Corporation, shall be appointed by the Council 
 thereof, or by the head thereof, if authorized by a By-law of 
 the Council ; (y) 
 
 10. In case there are several persons having distinct inter- 
 ests in property in respect of which the Corporation is desirous 
 of exercising the powers referred to in the above fourth sub- 
 section under a By-law in that behalf passed, whether such 
 persons are all interested in the same piece of property, or 
 some or one in a part thereof and some or one in another part 
 thereof, and in case the By-law or any subsequent By-law 
 provides that the claims of all should in the opinion of the 
 Council be disposed of by one award, such persons shall have 
 one mouth instead of seven days to agree upon and give notice 
 of an arbitrator jointly appointed in their behalf, before the 
 «^ounty Court Judge shall have power to name an arbitrator 
 for them ; (w) 
 
 11. Elvery arbitrator before proceeding to try the matter of 
 the arbitration, shall take and subscribe the following oath (or 
 in the case of those who by-law affirm, make and subscribe the 
 following affirmation) before any Justice of the Peace ; (x) 
 
 a by-law or resolution. (See Wilson v. The Municipal Council of Fort 
 Hone, 10 U. C. Q. B. 405 ; In re The Corporation of the Township of 
 El'don and Ferffuson et al., 6 U. C. L. J. 207.) 
 
 (d) As a rule, arbitrators to represent a Municipal Council must be 
 appointed bv that council: the exception is when the Council, by by- 
 law, dcputco uhat power to the head of the council. The language of 
 this section is such, that it might be inferred that under any circum- 
 stances tlie head could name an arbitrator on behalf of the council, 
 and for this reason attention to this clause is particularly directed. 
 (See sub-sees. 4 and 5 above.) 
 
 (w) Where several persons are interested (as in the opening of n 
 new road, «fec.), there may be an arbitration under this act as to each 
 person interested, or, in the option of the council, an arbitration as to 
 all, and tlie claims of all be determined by one award. In the latter 
 case, instead of seven days only allowed by sub-sec. 7, one month is 
 given. 
 
 (x) The oath is not only to be taken by every arbitrator, but to bo 
 taken by him " before proceeding to try the matters of the arbitration." 
 The oath, besides, is not only to be taken but subscribed. When 
 taken and subscribed, it is to be filed with the papers of the reference. 
 There is no express direction in this statute that the arbitrators shall 
 
 five to the parties notice of their meetings and an opportunity of 
 cing heard ; but this is essential, at least to this extent, that whether 
 there has been a formal notice of meeting or not, it should appear that 
 the parties at least had knowledge of the meetings and an opportunity 
 of being heard and producing evidence before the arbitrators. {In re 
 , Johnson and the Munidpality of Gloucester, 12 U. C, Q. B. 135.) 
 
 Uead mar 
 appoint for 
 Corporatio'.i. 
 
 Whoro many- 
 parties are 
 interested in 
 tlie same 
 property. 
 
 Arbitrators 
 to be sworn. 
 

 300 
 
 Form of oath 
 
 Award, to be 
 binding, in 
 'Certain casei, 
 roust bn 
 adopted by 
 by-Uw w.th. 
 in a certain 
 time. 
 
 Xotenof the; 
 evidence 
 adduced to 
 he talcen and 
 filed in cer- 
 tain cases. 
 
 
 THE MUNICIPAL MANUAL. 
 
 " I, (A. B.) do swear, (or affirm') that I will well and truly 
 " try the matters referred to me oy the parties, and a true 
 '* and impartial award make in the premises accordinsj to the 
 " evidence. So help me God ;" Which oath or affirmation 
 shall be filed with the papers of the reference ; 
 
 12. In case the award relates to property to be entered upon, 
 taken or used as mentioned in the said fourth sub-section, and 
 in case the By-law did not authorize or profess to authorize 
 any entry or use to be made of the property before an award 
 has been made except for the purpose of survey, or in case the 
 By-law did give or profess to give such authority, but the 
 arbitrators find that such authority had not been acted upon, 
 the award shall not be binding on the Corporation unless it is 
 adopted by By-law within six weeks after the making of the 
 award ; and if the same is not so adopted, the original By-law 
 shall be deemed to be repealed, and the property shall stand 
 as if no such By-law had been made, and the Corporation shall 
 pay the costs of the arbitration j (y) 
 
 13. In the case of any award under this A.ct which does 
 not require adoption by the Council, or in case of any award 
 to which a Municipal Corporation is a party and which is to 
 be made in pursuance of a submission containing an agreement 
 that the present sub-section of this Act should apply thereto, 
 the arbitrator or arbitrators shall take, and immediately after 
 the making of the award, shall file with the Clerk of the 
 Council fur the inspection of all parties interested, full notes 
 of the oi'al evidence given on the reference, and also all docu- 
 mentary evidence or a copy thereof, and in case they proceed 
 partly on a view or any knowledge or skill possessed by them- 
 selves or by any of them, they shall also put in writing a 
 statement thereof sufficiently full to allow the Court to form a 
 judgment of the weight which should be attached thereto ; (s) 
 
 (;/) A Municipal Corporation has, by statute, certain powers ia 
 regard to roads, streets, and otlier communications, and to drains and 
 eewers, whicli powers may be exercised by by-law. Any award made 
 iu reference thereto is dependent on the adoption of the award by 
 by-law within six weeks after its making ; and the original bj'-law is 
 also made dependent on the passing of such second by-law. The 
 award is not to be binding on the Corporation unless, within the time 
 limited for the purpose, it is adopted by the Council. If not so 
 adopted, the original by-law is to be deemed repealed. In this event 
 the Corporation is to pay the costs of the arbitration. 
 
 («) Awards other than those described in the last note do not re- 
 quire adoption by tlio Council to render them valid. When an award 
 .vot refjuiring such adoption, or an award to which this clause ia by 
 
THE MUNICIPAL MANUAL. 
 
 301 
 
 14. Every award made under this Act (a) shall be in writ- Award to be 
 ing under the hands of all or two of the arbitrators, and shall ""hUwo** 
 be subject to the jurisdiction of any of the Superior Courts of arbitratora, 
 Law or Equity as if made on a submission by a Bond contain- to superior 
 ing an agreement for making the submission a rule or order of Co^'ft^- 
 such Court ; (i) And in the cases provided for by the last 
 
 the submission applicable, is made, the arbitrator or arbitrators are 
 required to do what this clause directs, viz. : 
 
 1. Take full notes of the oral evidence given on the reference. 
 
 2. File the same (immediately after the making of the award) with 
 
 the Clerk of the Council, lor the inspection of all parties in- 
 terested, 
 
 3. File in like manner all documentary evidence, or a copy thereof. 
 
 4. In case they proceed partly on a view or any knowledge or skill 
 
 possessed by then^^ Ves or by any of them, put in writing a 
 statement thereof sufficiently full to allow the Court to form a 
 judgment of the weight which should be attached thereto. 
 But it does not follow that the award will be set aside for non- 
 compliance with the provisions of this sub-section. (In re the Cor- 
 poration of the United Counties of ^ortIiumherla7id and Durham and 
 the Corporation of the Town of Cobourg, 20 U. C. Q. B. 283.) 
 
 The section is silent as to costs, and so the arbitrators have no 
 power to make, in their award, any direction as to costs, {lb.) 
 
 (a) See note in to this section. 
 
 (6) Formerly there were two kinds of submission that might be 
 made rules of court: 1st. Reference by rule of court. Judge's order, 
 PTiJi order of Nisi Prius ; 2nd. Submissious in writing, by virtue of 
 the statute 9 A 10 Wm. III., where they contain an agreement to the 
 effect tlmt they may be made rules of court. (Watson on Awards, 
 8 Edn. 45.) These were extended by the Common Law Procedure 
 Act, 1850, which enacted that " Every agreement or submission, 
 whether by deed or instrument, not under seal, may be made a rule 
 of one of the superior courts of law or equity in Upper Canada, on 
 the application of any party thereto, unless such agreement or sub- 
 mission contain words purporting that the parties intend that it should 
 not be made a rule of court," <fec. (Sec. 97.) This provision is now in 
 substance re-enacted in sec. 176 of Con. Stat. U. C. cap. 22. The effect 
 of the clause here annotated is to place submissions under this action 
 on the same footing as.any of the foregoing described submissions. The 
 effect of making any award under this act subject to the jurisdiction 
 of any of the superior courts of law or equity, as if made on a sub- 
 mission by a bond containing an agreement for making the submission 
 o rule or order of such Court, appears to be to bring all such submis- 
 sions under the statute of 9 <fe 10 Wm. III., and to give the courts 
 power to review the awards, and if necessary enforce the performance 
 of them. (See notes to Harrison's C. L. P. Acts, p. 174.) The ordi- 
 narj' remedy by action is of course open to any party to an award 
 under this section, (See Harpcl v. The Municipality of the Township of 
 Portland, 17 U. C. Q. B. 455.) In such an action it is no objection to 
 the declaration that it was upon a submission to three aroitratora, 
 while two only executed the award, for the statute aatliorizcs two to 
 
 / 
 
 / 
 
 / 
 
302 
 
 THE MUNICIPAL MANUAL, 
 
 Hy-la\vs as to 
 
 rounds and 
 ciiulty to 
 aniiniils. 
 
 preceding sub-section, the Court shall consider not only the 
 legality of the award but the merits as they appear from the 
 proceedings so filed as aforesaid, and may call for additional 
 evidence to bo taken in any manner the Court directs, and 
 may, either without taking such evidence or after taking such 
 evidence, set aside the award, or remit the matters referred, or 
 any of them, from time to time, to the consideration and deter- 
 mination of the same arbitrators, or to any other person or 
 persons whom the Court may appoint as prescribed in the 
 " Common Law Procedure Act," and fix the time within which 
 t^ucli further or new award shall bo made, or the Court may 
 itself increase or diminish the amount awarded or otherwise 
 modify the award, (c) as the justice of the case may sccra to 
 the Court to require. 
 
 POUNDS AND POUND-KEEPERS. 
 
 3«i4. The Council of every Township, Town, City and 
 incorporated Village, may respectively pass By-laws (cl) (not 
 inconsistent with the Consolidated Statute of Canada relating 
 to cruelty to animals) : (c) 
 
 Providing Pocnds. 
 
 I'oumisto be !• ^ov providing sufficient yards and enclosures for the safe- 
 pnjvided. keeping of such animals as it may be the duty of the Pound- 
 keeper to impound j (/) 
 
 net, find makes their award valid. (/6.) Under a pica of no award 
 it liiis been held that defendants cannot dispute the arbitrators' nu 
 tbority to award a portion of the sum awarded. {Hodgson, v. The 
 Muniaj-iality of the Township of Whitby, 17 U. C. Q. B. 230.) 
 
 (<) Tliis is a most important provision. It enables the courts, in 
 cases where it is applicable, to do complete justice between the par- 
 lies. The power to increase or diminish the amount awarded, is one 
 necessary to this end ; and the power being not only to increase or 
 diminish the amount awarded, but " otfierwiiie to modify it," is, it is 
 believed, extensive enough to enable the court to impose conditions or 
 do whatever justice demands. 
 
 (<Z) Counties are not included, and yet County Councils are authorized 
 to appoint pound-keepers. (Sec. 246, subsec. 2.) 
 (e) Con. Stat. Can. cap. 96. 
 
 (/) The pound is the custody of the law. The pound-keeper is 
 bound to take and keep whatever is brought to him, at the peril of the 
 persons who bring it. If wrongfully taken, tfiey (not he) are answer- 
 able. It would never do if the pound-keeper were liable for refusing 
 to take cattle in, and were also liable in another action for not letting 
 them go. When once the cattle are impounded, he cannot let them go 
 withottt a replevin brought against the distrainor, or without the con- 
 sent of the party. The replevin lies against him who takes, or him 
 
THE MUNICIPAL MANUAL. 
 
 303 
 
 Animals kunnixo at large. 
 
 2. For restraininp; or regulating the running at large of any 
 animali?, and providing for impounding them, and for causing 
 them to be sold in case they are not claimed within a reason- 
 able time, or in case the damages, fines and expenses are not 
 paid according to law j (jf) 
 
 3. For appraising the damages to be paid by the owners of 
 animals impounded for trespassing contrary to the laws of 
 Upper Canada or of the Municipality ; (Ji) 
 
 4. For determining the compensation to be allowed for ser. 
 vices rendered in carrying out the provisions of this Act with 
 respect to animals impounded or distrained, and detained in 
 the possessi'^f' >f the distrainor, (i) 
 
 General Provisions. 
 3«i3. Until varied or other provisions are made by Act of 
 Parliament, or by By-law of the Municipality, (/) the follow- 
 ing regulations shall be in force : 
 
 1. The owner or occupant of any land shall be responsible 
 for any damage or damages caused by any animal or animals 
 
 AnimnU 
 runnlug at 
 large. 
 
 Appraising 
 ilamafros 
 doue by. 
 
 Compensa- 
 tion for 
 impouti'Unj 
 animitlH, 
 
 H(>p;iil»tii)ns 
 
 rpspecfiiig 
 
 aniipiili. 
 
 Liability for 
 damage done 
 
 who commands the taking ; the bailiflf who seizes and the party who 
 directs the seizure may Doth be sued. But the situation of a pound- 
 keeper is not that of a laailiff or servant. He is a public officer, dis- 
 charging a public duty, and this as much in the keeping as in the 
 receiving. ( Wardell v. Chishohn, 9 U. C. C. P. 125 ; see further, Clarke 
 v. Durham, E. T. 3 Vic, R. «fe II. Dig., Trespass, II. 16 ; Carey v. Tate, 
 6 O. S. 147.) Being a public officer discharging a public duty, he is 
 entitled to notice of action under Con. Stat. U. C. cap. 126. (Davis v. 
 Williams, 13 U. C. C. P. 365.) In the declaration it must be averred 
 that he acted maliciously and without reasonable or probable cause, (lb.) 
 
 (g) Tlie powers are — 
 
 1. For restraining or regulating the running at large of any animals. 
 
 2. For impounding them. 
 
 3. For causing them to be sold in case they are not claimed within 
 
 a reasonable time, or in case the damages, fines and expenses 
 
 are not paid according to law. 
 A bj'-law enacting tliat certain animals specified shall not run at 
 large, does not impliedly allow others not named to do so, contrary to 
 tlie common law. {Jack v. The Ontario, Simcoe and Huron Railroad 
 Union Company, 14 U. C. Q. B. 328.) 
 
 (/t) Regulations are made by the statute, which remain in force until 
 
 otherwise provided by by-laws of tlie Municipal Corporations (Sec. 355). 
 
 (0 The compensation may be for services rendered with respect to 
 
 {impounded, 
 distrained, or 
 detained in the possession of the distrainor. 
 
 {j ) See note h to sec. 354. 
 
I" 
 
 
 304 
 
 What 
 animalgtobe 
 
 impounded. 
 
 TUB MUNICIPAL MANUAL. 
 
 under his charge and keeping, as though such animal or ani- 
 mals were hia own property, and the owner of any animiil not 
 permitted to run at large by the regulations of the Munici- 
 pality, shall be liable for any damage done by such animal, 
 although the fence enclosing the premises was not of the 
 height required by such regulations ; (/t) 
 
 2. If not previously replevied, the Pound-keeper shall im- 
 pound any horse, bull, ox, cow, sheep, goat, pig or other cattle, 
 
 (k) An action of trespass will lie by the owner of a farm into which 
 a neighbour's pigs may break, enter, luicl do damage, against the owner 
 of the pigs, unless he can excuse the act for defect of fences or upon 
 some other ground that ought to be specially pleaded. (Blavklnck v. 
 Millikan, 3 U. C. C. P. 34.) So tresp.iss is maintainable n,gaiiist the 
 owner of a bull which broke into the plaintiff's farm and tiiere killed 
 his marc, tliough the owner of the bull was not present at the time or 
 aware of the fact. {Mason v. Monjaii 24 U. C. Q. B. 328.) If a horse 
 through the neglect of the owner in not keeping his fences [)roperly 
 repaired, stray out of the ■field in which :t is feeding, into the field of 
 an adjoining proprietor, and there get among his horses and kicks 
 one in such a way as to cause its death, such owner is liable in trespass 
 for the injury which his horse has done. (Zee v. Riley, 12 L. T. N. S. 
 388.) AVhether at common law the owner of a dog is answerable in 
 trespass for every unauthorized entry of the animal into the land of 
 another, as in the case of pigs, an ox or a horse, is doubtful. (Rcadw 
 Ediimrdx, 17 0. B. N. S. 245.) An action on the case lies ngninst one 
 who keeps a mischievous animal of any kind in respect of any damage 
 done by such animal, where it can be sbown that the owner know 
 of the 'mischievous propensity of the animal. [ThornaK v. Morqan, 2 
 C. HI. ife R. 496 ; Card v, Caa^c, 5 C. \\. 622 ; May v. Burden, !)" Q. V,. 
 101.) If the owner upon being told of the mischief done, offers to 
 settle, this is some evidence of his knowledge that the animal was 
 mischievous. {Thomaftv. Morgan, 2 C. M. & R. 496 ; Mamu v. Morr/an, 
 24 U. C. (i. B. 328.) The owner of any dog that kills, wounds or other- 
 wise injures any sheep or lamb, is now liable for the value of such 
 sheep or lamb without proof that the owner of the dog knew of its 
 mischievous propensity (Stat. 29 & 30 Vic. cap. 55, sec. 7) and the 
 liability may be enforced against the owner of the dog by summary 
 proceedings before any two magistiT.tos of the county. (Ih. sec. 8.) 
 If the owner of the dog cannot upon diligent search be discovered, the 
 municipality may be held answerable to m.ike good the loss. {Jh. see. 
 9.) The owner of a dog, to whom notice has been given of an injury 
 done by his dog to any sheep or lamb, is bound within 48 hours after 
 such notice, to have the dog killed. (Ih. sec. 12.) So any person m.iy 
 kill any dog which he may see worrying or wounding any sheep or 
 lamb. {lb. sec. 11,) If the owner of gee-se or other povdtry refuse or 
 neglect, after notice in writing of their trespass, to prevent them tres- 
 passing on his neighbours premises, he may be prosecuted before any 
 Justice of the Peace. (Sub-sec. 2, post.) For the protection of plank- 
 roads from the ravages of swine running at large, joint stock companies 
 are authorized to impound all swine running at large on plank-roads 
 owned by them. (29 Vic. cap. 36, sec. 8.) 
 
 L 
 
THE MUNICIPAL MANUAL. 
 
 305 
 
 knew 
 
 geese or any other poultry, distrained for unlawfully running 
 at large, or for trespassing and doing damage, delivered to 
 him fur tliat purpose by any person resident within his division 
 who has distrained the same ; (I) or if the owner of any geese 
 or other poultry refuses or neglects to prevent the same from 
 trespnssing on his neighbours' premises after a notice in writing 
 has been served upon him of their trespass, then the owner of 
 such poultry may be brought before any Justice of the Peace, 
 and fined such sum as the Justice may direct; (jn) 
 
 3. When the common Pound of the Municipality or place whcntbe 
 wherein a distress has been made is not secure, the Pound- p^^Vgnot 
 keeper may confine the animal in any inclosed place within »«>. 
 the limits of the Pound-keeper's division within which the 
 distress was made; (n) 
 
 (/) It has been held that a master is liable for the acts of hia farm 
 servant in impounding cattle in his absence, the servant acting within 
 tlie scope of his authority. {Spafford v. Hubble, M. 8. Easter Term, 
 ^Wm. IV. ; R. (&H. Dig., p. 294.) In trespass against two defendants 
 for seizing and taking cattle, one defendant justified as pound-keeper; 
 and because the cattle were in the close of A., wrongfoliy trespassing 
 in said close, and eating grass and corn therein, A. took tne said cattle 
 and delivered them to the defeqdant as a pound-keeper within his 
 jurisdiction, and the defendant impounded and afterwards sold them 
 according to law ; and the other defendant justified the seizure and 
 the sale by the pound-keeper, as in the other plea, and that the defen- 
 dant bought the cattle as the highest bidder ; to both of which 
 pleas there was a general demurrer. Held, that the plea by the pound- 
 keeper was bad, as it did not show that he received the cattle from a 
 person within his division, or that the close wta so sitaate, and that the 
 plea of the purchaser was good, as he could not be held liable to the 
 plaintiff in trespass. {Clarke v. Durham et al, M. 8. Easter Term, 3 
 Vic, R. & H. Dig., p. 431.) In a plea of jurisdiction by a pound-keeper 
 for taking a pig, when the justification was that the pig, contrary to 
 township regulations, broke through a lawful fence, it was held neces- 
 sary to allege that the fence was within that township, and to show 
 tl>ic close in which the pig was trespassing at the time. {Careu v. Tate, 
 U. C. 0. S. 14Y.) Pound-keepers on the lino of roads owned by Joint 
 stock companies, are bound to receive swine foand running at large 
 on the roads, and entitled to receive the usual fees, and ix aetexAt of 
 payment to sell the animals in the usual way, although tiiey may be 
 free commoners under the by-laws of the MunicipaUty. {29 Vic. 
 cap. 36, sec. 8.) 
 
 (m) See note k to this section. 
 
 (n) It would seem that the animal must be impounded with the 
 
 Sound-keeper of the division within which it is dfutralned, and the 
 luuicipal Council may provide sufficient yards and endosmes for the 
 purpose. (Sec. 854, subsec. 1.) If not sufficient, this danse enables 
 the pound-keeper " to confine the animal in any enclosed place within 
 the limits of the pound-keeper's division, Ac." .> 
 
 20 
 
306 
 
 TIIK MUNICIPAL MAHPAL. 
 
 
 Stntement 
 of ilt*mand 
 to be made 
 til I'ound- 
 ksepflr by 
 impounder- 
 
 Form of 
 agreement 
 with Pound- 
 keeper. 
 
 If the ani- 
 mal be of a 
 certain kind. 
 
 If the owner 
 be known. 
 
 if I 
 
 4. The owner of any animal impounded shall at nny time 
 be entitled to his atiimal, on demand made therefor, without 
 payment of any poundage fees, on giving satisfactory security 
 to the Pound-keeper for all costs, damages and poundage fees 
 that may be established against him, (o) but the person dis' 
 training and impounding the animal shall, at the time of such 
 impounding, deposit poundage fees, if such bo demanded, and 
 within twenty-four hours thereafter, deliver to the Pound- 
 keeper duplicate statements in writing of bis demands against 
 the owner for damages, if any, not exceeding twenty dollars, 
 done by such animal, exclusive of such poundage foes ; and 
 sballalso give his written agreement (with a surety if required 
 by tbe Pound-keeper) in the form following, or in words to 
 to the same effect : 
 
 " I {or we, as the case may he\ do hereby agree that I {or we) 
 will pay to the owner of the (describing the animal) by me 
 A. B. this day impounded, all costs to which the said owner 
 may be put in case the distress by me the said A. 13. proves 
 to be illegal, or in case the claim for damages now put in by 
 me the said A. B. fails to be established ; " {p) 
 
 5. In case tbe animal distrained is a horse, bull, ox, cow, 
 sheep, goat, pig or other cattle, (</) and if the samo is dis- 
 trained by a resident of the Township for straying within hia 
 premises, such person, instead of delivering the animal to a 
 Pound-keeper, may retain the animal in his own possession, 
 provided he makes no claim for damages done by Ibe animal, 
 and duly gives the notices hereinafter in that case required of 
 him ; (r) 
 
 6. If the owner is known to him, he shall forthwith give to 
 the owner notice io writing of having taken up the animal ; (.9) 
 
 (0) Tliis part of the sub-8ection is new. It enables the owaer of,tlie 
 animtd impounded without delay to secure a return of the animal. 
 This be may obtain upon giving satisfactory security to the pound- 
 keeper " for all costs, damages and poundage fees that may be cstab^ 
 lished against him." 
 
 (/)) If the distress be illegal, the distrainor, and not the pound-keeper, 
 is the party liable. (See note / to sec. 364.) .v 
 
 {q) See note k to this section. 
 
 (r) The privilege to the distrainor to impound the animal on his 
 own premises, or elsewhere than in the public pound, can only be 
 exercised where he makes no claim for damage done by the nniiunl, 
 and gives the notices made necessary in that behalf. 
 
 («) As to the meaning of the word " forthwith," see note I to sec. 1 25, 
 
THE UmnOlPAh MANUAL, 
 
 307 
 
 7. If the owner be unknown to the person taking up and 
 rDtaininp; possession of the animal, such person shall, within 
 forty-eight hours, deliver to the Municipal Clerk a notice in 
 writing of having taken up the animal, and containing a 
 description of the colour, age and natural and aitificial marks 
 of the animal, as near as may be ; (<) 
 
 8. The Municipal Clerk, on receiving this notice, shall forth- 
 with enter a copy thereof in a book to be kept by him for that 
 purpose, and shall post the notice ho receives, or copy thereof, 
 in some conspicuous place on or near the door of his office, and 
 continue the same so posted for at least one week, unless the 
 animal is sooner claimed by the owner; (m) 
 
 0. If the animal or any number of animals taken up at the 
 i^ame time be of the value of teu dollars or more, the distrainor 
 shall cause a copy of the notice to be published in a newspaper 
 in the County, if one is published therein, and if not, then in 
 ii newspaper published in ah adjoining County, and to be con- 
 tinued therein once a week for three successive weeks; (y) 
 
 10. In case an' animal be impounded, notices for the sale 
 thereof shall be given by the Pound-keeper or person who 
 impounded the animal within forty-eight hours afterwards, but 
 no pig or poultry shall be sold till after four clear days, nor any 
 horse or other cattle till after eight clear days from the time of 
 impounding the same; (ic) 
 
 11. In case the animal be not impounded, but is retained in 
 the possession of the party distraining the same, if the animal 
 is a pig, goat or sheep, the notices for the sale thereof shall 
 
 If UD known, 
 notice to 
 Township 
 Clerk. 
 
 Duty «f 
 
 Cleric 
 
 thereon. 
 
 irtba 
 
 uninislR are 
 worth $10 or 
 OTer, 
 
 Notice of sale 
 
 When sale 
 may bd made 
 
 If animal 
 i« not 
 
 Impounded, 
 but detained 
 
 (/) Whore the owner is known, notice is ferthwith to b* (jiven U* 
 hi.n. Wlien not known, the notice must be within forty -eight hours 
 delivered by him to the Township Clerk. The notice must contain 
 •' ;i description of the colour, age and natural and artificial marks" of 
 the animal. 
 
 (h) The duty of the Clerk, when he receives the notice, is here 
 
 defined. It is, 
 
 1 . To enter a copy thereof in « book, to be kept by him for that 
 
 purpose. 
 
 2. To post the notice, or a copy of it, in some conspicuous place, &c 
 
 3. To continue the same so posted for at least one week, Ac. 
 
 (v) Tin-sis to be done by the distranor not -by the Clerk. 
 
 (ic) The notice of sale is to be given within a time limited, but the 
 sale is not to take place sooner than a specified period. No matter of 
 what description the animal impounded is, notice of sale is to be given 
 Avithin forty-eight hours after the iraponnding; but no pigs or poultry 
 ■Mre to bo sold in less than four clear days, and no horse or other cattle 
 \n less than eight clear days. 
 
308 
 
 THE MUNICIPAL MANUAL. 
 
 Notice of 
 wie nnleM 
 redeemed. 
 
 Keeper 
 tofaed 
 Impounded 
 cittile. 
 
 And may 
 recover the 
 value. 
 
 not be given for one month, and if ' le aniniul is u hor.se or 
 other cattle, the notices shall not be given for two months 
 after the animal is taken up ; (x) 
 
 12. The notices of sale may be written or printed, and shuil 
 be affixed and continued for three clear successive days, in 
 three public places in the Municipality, and shall specify the 
 time and place at which the animal will be publicly sold, if not 
 sooner replevied or redeemed by the owner or some one on 
 his behalf paying the penalty imposed by law (if nny), the 
 amount of the injury ^if any) claimed or decided to have been 
 committed by the animal to the property of the person who 
 distrained it, together with the lawful fees and charges of the 
 Pound-keeper, and also of the Fence-viewers (if any), and the 
 expenses of the animal's keeping; (^) 
 
 13. Every Pound-keeper, and every person who impounds 
 or couGnes, or causes to be impounded or confined, any animal 
 in any common Pound or in any open or close Pound, or in 
 any inclosed place, shall daily furnish the animal with good 
 and sufficient food, water and shelter, during the whole time 
 that such animal continues impounded or confined ; {z) 
 
 14. Every such person who furnished the animal with food? 
 water and shelter, may recover the value thereof from the 
 owner of the animal, and also a reasonable allowance for his 
 time, trouble and attendance in the premises ; (a) 
 
 (x) Whenever horses, bulls, oxen, cows, sheep, goats or other cattle 
 are distrained by a resident of a township for stroying in his premises, 
 instead of delivering the animals to a pound-keeper, such person may- 
 retain them in his own possession. (Sub-sec. 6.) If he do so, the times 
 appointed for sale are to bo extended to the periods mentioned in the 
 sub-section here annotated. 
 
 (y) Before being allowed to redeem, the owner may be required to pay, 
 
 1. The penalty imposed by law, if any. 
 
 2. The amount of the iniury, if any. 
 
 3. The lawful fees and charges of tiie pound-keeper. 
 
 4. Also of the fence-viewers, if any. 
 
 5. The expenses of the animal's keeping. 
 
 (z) The duty to feed the animal impounded is cast upon the custo- 
 dian, whether pound-keeper or other person, who impounds or confines, 
 or causes to be impounded or confined, the animal ; and tm perform- 
 ance of that duty may be enforced by a penalty. (Sub-sec. 22.) 
 
 (a) Buerj/ such person, i. e., every pound-keeper, and every person 
 who impounds or confines, or causes to be impounded or confined, any 
 animal. The right, it will be observed, is not only to recover the 
 value of the "food, water and shelter," biit a reasonable allowance for 
 " trouble and attendance." 
 
THE MUNICIPAL MANUAL. 
 
 309 
 
 rso or 
 onths 
 
 > shull 
 
 >'8, in 
 [y the 
 if not 
 >no on 
 ), the 
 3 been 
 m who 
 of the 
 nd the 
 
 pounds 
 animal 
 I, or in 
 h good 
 ilo time 
 
 ) 
 
 th food J 
 
 •ora the 
 
 for his 
 
 ler cattle 
 premises, 
 rson may 
 the times 
 led in the 
 
 •ed to i>ay. 
 
 the custo- 
 r confines, 
 perform- 
 J2.) 
 
 jry person 
 ifined, any 
 jcover the 
 owance for 
 
 15. The value or allowance as aforesaid may bo recovered, 
 with costs, by summary proceeding before any Justice of the 
 Penoo within whose jurisdiction the animal was impounded, 
 in like manner as fines, penalties or torfeitures for the breach 
 of any By-law of the Municipality may by law be recovered 
 and enforced by a single Justice of the Peace ; and the Justice 
 shall ascertain and determine the amount of such value an^ 
 allowance when not otherwise fixed by law, adhering, so fur as 
 applicable, to the tariff of Pound-keepers' fees and charges that 
 may be established by the By-laws of the Municipality ; (6) 
 
 IG. The Pound-keeper or person so entitled to proceed may, 
 instead of such summary proceeding, enforce the remuneration 
 to which he is entitled in manner hereinafter mentioned ; (r) 
 
 17. In case it bo by affidavit proved before one of the 
 Justices aforesaid, to his satisfaction, that all the prope 
 notices had been duly affixed and published in the manne" 
 and for the respective times above prescribed, then if the 
 owner, or some one for him, does not within the time speci- 
 fied in the notices, or before the sale of the animal, replevy 
 or redeem the same in manner aforesaid, the Pound-keeper 
 who impounded the animal, or if the person who took up the 
 animul did not deliver such animal to any Pound-keeper, but 
 retained the same in his own possession, then, any Pound- 
 keeper of the Township may publicly sell the animal to the 
 hijjhcst bidder, at the time and place mentioned in the afore- 
 said notices, and after deducting the penalty and the damages 
 (if any) and fees and charges, shall apply the- produce in 
 discharge of the value of the food and nourishment, loss of 
 time, trouble, and attendance so supplied an aforesaid, and of 
 the expenses of driving or conveying and impounding or con- 
 fining the animal, and of the sale and attending the same, or 
 incidental thereto, and of the damage when legally claimable 
 not exceeding twenty dollars, to be ascertained as aforesiiid, 
 done by the animal to the property pf the person at whoso 
 suit the same was distrained, and shall return the surplus (if 
 any) to the original owner of the animnl, or if not claimed 
 by him within three months after the sale, the Pound-keepor 
 shall pay such surplus to the Treasurer or Chamberlain of and 
 for the use of the Municipality ; (d) 
 
 (6) It is made the duty of the Justice to ascertain and determine the 
 amount of such vahie and allowance, when .••ot, otherwise fixed by law. 
 
 (c) The option is given to the pound-keeper, Ac, to proceed either 
 under the preceding clause or in the manner hereinafter directed, 
 
 (d) See note I to this section. 
 
 In what 
 miinaer luch 
 value may 
 \x» rMovantd. 
 
 other mode 
 ofenfordog. 
 
 Sale, bow 
 effected, Ac, 
 and purchase 
 money, how 
 applied. 
 

 I 
 
 310 
 
 Dl*iput4>8 
 
 r»|j!«ri]lni; 
 f uub demand 
 how deter- 
 inined 
 
 F«iice-vle»- 
 era to view 
 And Hppralae 
 daxage. 
 
 Penalty for 
 neglect of 
 duty by 
 irlewers. 
 
 THE MUNICIPAL JIANL'AL. 
 
 18. If the owner within forty-eight hours after the doHvery 
 of such statements, as provided in the fourth 8ub-.section of 
 this section, disputes the amount of the dama;;c8 so claimed, 
 the amount shall be decided by the majority of three Fence- 
 viewers of the Municipality one to be named by the owner of 
 the animal, one by the person distraining or claiming damages, 
 apd the third by the Pound-keeper; («) 
 
 19. Such Fence-viewers, or any two of them, shall, within 
 twenty-four hours after notice of their appointment as afore- 
 said, view the fence and the ground upon which the animal 
 was found doing damage, and determine whether or not the 
 fence was a lawful one according to the Statutes or By-laws 
 in that behalf at the time of the trespass ; and if it was a 
 lawful fence, then they shall appraise the damages committed, 
 and, within twenty-four hours after having made the view, 
 shall deliver to the Pound-keeper a written statement signed 
 by at least two of them, of their appraisement, and of their 
 lawful fees and charges; (/) 
 
 20. Any Fence-viewer neglecting his duty as arbitrator as 
 aforesaid, shall incur a penalty of two dollars, to be recovered 
 for the use of the Municipality, by summary proceeding be- 
 fore a Justice of the Peace, upon the complaint of the party 
 aggrieved, or the Treasurer or Chamberlain of the Munici- 
 pality; (^) 
 
 (c) If tho owner do i.ol dispnto the claim for dnmnj^os, there will bo 
 no occasiou to c.iil in itaice-viowers, as hero j)rovi(led ; but it" he do 
 dispute the claim, he is entitled to appoint one fence-viewer, the person 
 who distrained ui.'Ui'.'r, and tho pouiid-kocper tht third. The decision 
 of the majority is made binding on the parties. 
 
 (/) The duties of fenco-viewers, under this clause, may be enume- 
 rated thus : 
 
 1, To view the fence, Ac, within twenty-four hours after notice of 
 
 appointment. 
 
 2. To determine whether or not tho fence was a lawful one, «fec, 
 S. To appraise the damages committed, if fence lawful. 
 
 4. To deliver to the pound-keeper, within twenty tour hours after 
 view, a written statement of appraisement, <fcc. 
 
 The intention is plain — that the fence-viewers shall determine the 
 question of the legality of the fences, as well as tho damages done bj' 
 the animal impounded for trespassing. The rights of the parties must 
 depend on the determination of the fence-viewers, or a majority of 
 them. It is not open to either of the parties in an action to bring again 
 in question the mflicienci/ of the fences. The decision of the fence- 
 viewers is conclusive. {Short v. Palmer et al., 24 IT. C. Q. B. fi.33, 2 L, 
 C. G. 40 ; see also In re Cameron and Kerr, 25 U. C. Q. B. 533, 2 L. 
 C. G. 181.) 
 
 {g) Apparently no fence-viewer so chosen has a right to decline 
 
 iL 
 
THE MUNIOIPAL MANUAL. 
 
 tm 
 
 21. If the Fenoe-viowcrs decide that the fence was not a 
 lawful uue, they shall certify the same in writing under their 
 hands, together with a statement of their lawful tecs, to the 
 Pound-keeper, who shall, upon payment of all lawful fees and 
 charges, deliver such animal to the owner if claimed before 
 the sule thereof; but if not claimed, or if such fees and 
 charges bo not paid, the Pound-keeper, after duo notice, as 
 required by this Act, shall sell the animal in the manner 
 betbro mentioned, at the time and place appointed in the 
 notices ; (A) 
 
 22. In case any Pound-keeper or person who impounds or 
 confines or causes to bo impounded or confined, any animal as 
 aforesaid, refuses or neglects to find, provide, and supply the 
 animal with good and sufiBoient food, water, and shelter as 
 aforesaid, he shall, for every day during which he refuses or 
 neglects, forfeit a sum of not less than ono dollar nor more 
 than four dollars j (i) 
 
 23. Every fine and penalty imposed by this Act may* be 
 recovered and enforced, with costs, by summary conviction, 
 under the Summary Convictions Act, before any Justice of 
 the Peace for the County or of the Mun'cipftlity in which 
 the offence was committed; and in default of payment the 
 offender may be committed to the Common Qaol, House of 
 Correction, or Lock-up House of such County or Municipality, 
 there to be imprisoned for any time, in the discretion of the 
 convicting and committing Justice, not exceeding fourteen 
 days, unless such fine and penalty and costs, including the 
 costs of committal, be sooner paid; (y) 
 
 ProcMdlogi 
 wb«re »lew- 
 en dwlde 
 RgaiDnt the 
 leitalltyofs 
 feucc. 
 
 LlHljilltyof 
 Pounil- 
 keop«r refui- 
 inR to feed 
 ■nlmiilB 
 impounded. 
 
 Recovery 
 and enforce- 
 ment of 
 peualtluB. 
 
 Imprison- 
 ment in d^ 
 
 fHUlt of 
 
 payment. 
 
 acting, but on the contrary it is his duty to act. A neglect of duty is 
 to bo visited with the penalty inflicted by ihe clause under consideration. 
 (A) The decision of the fence-viewers is final (see note / to this sec- 
 tion); but although the fence-viewers decide that the fence is not a 
 lawful fence, if the owner neglects, within the time limited, to claim the 
 animal, or if the fees are not paid, the animal may still be sold. 
 
 (t) See note z to this section. 
 
 (j) The language of this sub-section deserves attention. It provides 
 that " everi/ fine and penalty imposed by this act" may be recovered in 
 the manner directed. It is possible that the words " this act " have 
 been inadvertently introduced into this sub-section, and that the Legis- 
 lature in this sub-section only contemplate the enactments relative to 
 pounds and pound-keepers ; otherwise there is an apparent inconsis- 
 tency between this sub-section and the sixth, seventh and eighth sub- 
 sections of section 246, as to the length of imprisonment. In the latter 
 the period of imprisonment is twenty-one days ; in the sub-section he-e 
 annotated, it is fourteeu days. (Per Draper, C. J., in Fennell and i le 
 Corporation of the Toicn of Guelph, 24 U. C. Q. B. 244.) 
 
312 
 
 THE MUNICIPAL MANUAL. 
 
 Who may be 24. Upon the heiirin^ of any information or complaint 
 awitnoM. exhibited or nuide under this Act, any person (including the 
 person giviiif* or niakinj; the information or complaint) shall 
 be a competent witnes'*, notwithstanding such person may be 
 entitled to any part of the pecuniary penalty on the conviction 
 of the offender; (k) 
 
 Application 
 ofpuattlties. 
 
 Reward for 
 takln;; per- 
 SODS tjuilty 
 of horse- 
 stealing. 
 
 Not to 
 
 diwinalify 
 
 witness. 
 
 25. When not otherwise provided, every pecuniary pensilty 
 rocdvered before any Justice of the Peace under thi.** Act shall 
 be paid and distributed in the following manner; one nioioty 
 to the city, town, village or township, in which the offence 
 was conniiitted, and the other moiety thereof, with full costs, 
 to the person who informed and prosecuted for the same, or to 
 sutih othar person as to the Justice may seem proper ; (/) 
 
 26. The Council of every county municipality in Upper 
 Canada shall provide by By-law, that a sura not less tlian 
 twenty dollars shall be payable as a reward to any person or 
 persons who shall pursue and apprehend, or cause to be appre- 
 hended, any person or persons guilty of stealing any horse or 
 uiare within the said county, and such reward shall be paid 
 out oi' i!.'* funds of the municipality on conviction of the tluef, 
 and on the order of the judge bel'ore whom the conviction is 
 obtained; (m) 
 
 27 The said reward shall not disqualify the person claiming 
 the same or entitled thereto, from being a witness ; (ji) 
 
 {k) This is to remove any doubt that may be found to exist upon tlie 
 meaning of the v/ords "party to any suit or proceeding iiuiividuiilly 
 named in the record," as used in the Evidence Act, Con. Stat. U. 0. 
 cap. 32, sec. R. 
 
 (1) As to tlio meaning of tl»e words " every peouniary penalty reco- 
 vered before any Justice of tlio Peace binder this act," see note j, uute. 
 
 (m) Tiiis sub-section is new, and one that the reader would scarcely 
 expect to find under the heading, " Pounds and Pound-keepers." The 
 object of the sub-section is to discourage and prevent the st;aliiig of 
 horses, and this is to be done by the enactment of a by-law for tlie 
 payment of a reward, to be jmid to any person or persons wljo shall 
 pursue and approhend, or cause the thief to bo apprehended. The 
 maximum amount of the reward is not limited, the ^vord^ being " not 
 lesH than twenty dollars." So that there appears to bo nothinjr to pre- 
 vent the Municipal Council fixing the amount at a much larger sum 
 than that mentioned. 
 
 (n) The meaning of this sub-section is obscure. Tlie reward is not to 
 disqualify the person claiming the same or entitled thereto from behirt 
 a ivilneas. What is probably meant is, tiiat the right to the reward is 
 
 cttjfi 
 
THK MUNICIPAL MANUAL. 
 
 813 
 
 28. If any tree should be thrown down, by accident or provision 
 otherwise, across a Una or division fence, or in any way in and J^''j^"„''^*„''®* 
 upon the property adjoininj* that upon which such tree stood, down across 
 thereby causinE; damage to the crop upon such property or to «»"e<"™<»- 
 such fence, it shall be the duty of the proprietor or occupant 
 of the premises on which such tree theretofore stood, to remove 
 the same forthwith, and also forthwith to repair the fence, and 
 otherwise to make good any damage caused by the falling of 
 such tree ; and on his neglect or refusal so to do for forty-oight 
 hours after notice in writing to remove the same, the injured 
 party may remove the same, or cause the same to be removed, 
 in the most convenient and inexpensive manner, and may 
 make good the fence so damaged, and may retain such tree to 
 remunerate him for such removal, and may also recover any 
 further amount of damages beyond the value of such tree from 
 the party liable to pay it under this Act ; provided always, that pjo,,,,,,. ^„. 
 for the purpose of such removal the owner of such tree may try to remove 
 enter into and upon such adjoining premises for the removal a'^tr^^p^ss,'^ 
 of the same without being a trespasser, avoiding any unneces- &c. 
 sary spoil or waste in so doing, and all disputes arising be- 
 tween parties relative to this sub-section and for the collection 
 and recovery of all or any sums of money becoming due there- 
 under, shall be adjusted by three fence-viewers of the munici- 
 pality, two of whom shall agree, (o) 
 
 not to disqualify the claimant of it from being a witness a(/ai>i.st the 
 alleged thief. It can scarcely be intended to make him a good witness 
 on his own behalf against the Corporation, in an action for tlie re- 
 covery of the reward. 
 
 (o) This sub-section i^ also apparently out of its place under the 
 heading, " Pounds and Pound-keepers." It is a new provision, designed 
 to supply a remedy, where none before was supposed to exist, for an 
 admitted wrong. While ample provision is so far made for the redress 
 of injuries arising from the trespasses of animals, none is made till now 
 for the redress of the qucisi trespasses of falling trees across line or 
 division fences or in any way in and upon the property adjoining that 
 upon which the tree stood, thereby causing damage to crop or fence. 
 In such case it is in the first instance made the duty of the owner or 
 occupant of the land upon which the tree stood, forthwith to remove 
 the tree, repair the fence, and make good anj' damage caused by the 
 falling of tlie tree. If he neglect this duty for forty-eight hours, the 
 njured party may, 
 
 1. Remove the tree, or cause the same to be removed. 
 
 2. Make good the fence. 
 
 3. Retain the tree to remunerate him for removal. 
 
 4. Recover any further amount of damages beyond the value of such 
 
 tree. 
 
314 
 
 i 
 
 1 ! 
 
 I 
 
 i: 
 
 
 In whnt 
 reHpect Cities 
 to be Couii- 
 tias. 
 
 THE MUNICIPAL MANUAL. 
 
 ADMINISTRATION OF JUSTICE AND MATTERS OP 
 
 POLICE. 
 
 CiTiKs TO BE Counties, &c. 
 
 3ti6. Every city and town separated, shall be a county of 
 itself for municipal purpo-ses, and for such judicial purposes 
 as are herein specially provided for in the case of all cities, 
 but for no other. (/?) 
 
 (p) Towns separated under sec. 26, would in some measure partake 
 of the cliaraeter of cities. Towns not separated under sec. 26 and 
 incorporated villages, though separate municipalities like townships, 
 form territorially portions of the counties in which situate, as well as 
 for some municipal purposes, so far as the jurisdiction of the County 
 Councils extend ; and also for judicial purposes. 
 
 It is here expressly declared that every city and town separated, 
 shall be a county of itself: 
 
 1. For municipal purposes. 
 
 2. And for such judicial purposes as arc herein specially provided for 
 
 in the case of all cities, but for no other. 
 
 What is meant by " Municipal purposes ?" This expression cannot 
 mean that the city or town separated is to be a county for the same 
 municipal purposes, that a county consisting of several townships is 
 created, or with the same municipal institutions and powers, because 
 in these respects the institutions and powers of a city or town separa- 
 ted, though a county for municipal purposes, differ very widely from 
 those of counties. It may be properly construed thus : tlml ^r the 
 dischnrgo of every duty and for the exercise of ever}* power, right or 
 fiuietioii of a numicipal character, the cities and towns separated do not 
 form parts of tlio counties in which situate. Unless making a city or 
 town a county of itself for municipal purposes, be a segregation of 
 the city or town from all other lucal divisions, as to the exercise 
 of all judicial functions, general or individual, it is difficult to see what 
 the Legislature here intended (per Draper, G.J., in The Queen ex rel. 
 FhiiuiHi V. JSmilh, 1 U. C. L. J. 47 ; see also The Queen ex rel. BlnsJell 
 V. JinehcHter, lb. 101, 102.) 
 
 M'hai is meant by " Judicial purposes ?" It means simply the ad- 
 ministration of justice. Cities and towns separated, are not counties 
 for all judicial purposes, but only for such as are herein sjiecially 
 ])rovidea. (Sees. 357 to 386.) The inhabitants of a city are exempt 
 from serving on juries at any other thaa the city courts and courts 
 of assize and visi prim, oyer and terminer and general gaol delivery 
 for the county in which the city is situate and on trials at Bar before 
 the Superior Courts of Law. (Sec. 388.) But the general and ad- 
 journed Quarter Sessions of the Peace for the county may be held 
 and the jurisdiction thereof exercised in the city. (Sec. 360.) So 
 any justice of the Peace for tiie county may issue anj- warrant to try 
 or investigate any case in a city, when the offence has been committed 
 in the county or union of counties, in which the city lies, or wliich the 
 city adjoins. (//>.) 
 
THE MUNICIPAL MANUAL. 
 
 315 
 
 1 
 
 which their respective Municipalities lie ; and Aldermeu in 
 Cities shall be Justices of the Peace in and for such Cities. (5) 
 
 3cl8. Justices of the Peace for any Town, (r) shall have 
 the same property qualification and take the same oaths as 
 other Justices of the Peace ;(.s) but no Warden, Mayor, 
 Recorder, Police Majjistrate, Alderman, or Reeve, after 
 taking the oaths or making the declarations as such, shall be 
 required to have any property qualification or to take any 
 further oath to enable him to act as a Justice of the Peace.(^) 
 
 3^9. When a Town has been erected into a City,(t/) and 
 the Council of the City duly organized, (w) every Commission 
 of the Peace theretofore issued for the Town shall cease. 
 
 QtmliiicAtion 
 and oaths of 
 Biinb persons 
 as Juaticesof 
 the Peace, 
 when dis- 
 pensed with. 
 
 WhenTowns 
 
 become 
 
 Citiesjormcr 
 
 C«mnii8«iou8 
 
 of I'eiice to 
 
 ctase. 
 
 (</) This section ilhistiatos tl)o remarl^s ninde in the Inst note. It 
 confers jurisdiction upon tlie Police Mngistrnte of every city and 
 town, and npon tlie Reeve of every town, township, and incorporated 
 villii>^e, co-equal to the whole county in whicli the city or town is 
 situate; but Aldermen of cities, thoufjh ex officio Justices of the 
 Peace, are restricted in jurisdiction to the cities. So Justices of the 
 Peace of a county are excluded from jurisdiction as to offences com- 
 mitted in a cit}'. (Sec. 300.) 
 
 ()•) Tiie Crown may appoint Justices of the Peace for a town 
 (sec. 361) ; and it does not appear that Justices so appointed woidd 
 have any jurisdiction beyond tlie limits of the town. [lb.) 
 
 (») A Justice of the Peace, not being ex officio such, is required to 
 have in his actual possession, to and for his own use and benefit, real 
 estate, either in free and connnon socknge, Ac, for life, or lease for 
 one or more lives, or originally created for a term not less than 
 twenty -years, or by usnfructory possession for his life in lands, &c., 
 in the Province, of or above the value of $1,200, over and above in- 
 cumbrances, and over and above all rents and charges paj'able out of 
 and affecting the same. (Con. Stat. Can. cap lOO, sec. 3.) The oath 
 of qualification is in substance the same. (lb.) 
 
 (t) These officers are by the preceding Bection made ex officio Jus- 
 tices, and so the property qualification of ordinary Justices of tlie 
 Peace, as well as the taking of the ordinary oath, is dispensed with 
 as to them. 
 
 (v) Wliich may be done pursuant to sec. 16. 
 
 ()') A power to issue a commission appointing Justices for a city 
 though not expressly recognized as in the case of towns (sec. 361), 
 seems to be implied. At all events, the Mayor and Aldermen of a 
 city are ex officio Justices of the Peace for such c\iy. (Sec. 357.) 
 

 ! t • 
 
 n 
 
 ii'^ 
 
 316 
 
 THE MUNICIPAL MANUAL. 
 
 Couuty Jus- 3i»0. Justices of the Peace for a County in which a City 
 ticestohiiTe ]ie,<j^ shall, as such, have no jurisdiction over offeaces coni- 
 ?ion"in*ciUe8 nilttcd in the City, and the warrants of County Justices shall 
 slwi^.nsniay require to be indorsed before being executed in a City, in the 
 beheld same manner as required bylaw when to be executed in a 
 theioiD. separate County J (?p) but the general and adjourned Quarter 
 Sessions of the Peace for the County may be held and the 
 juiisdic-tion thereof exercised in the City ; (cc) and any Jus- 
 tice of the Peace for the County may issue any warrant to 
 try or investigate any case in a City when the oflfoncc has 
 been committed in the County or Union of Counties in which 
 such City lies or which such City adjoins, (y) 
 
 Ojvurnnr 
 inny Hppoint 
 tor Towns. 
 
 .TurlsdIetioD 
 of County 
 .lustices In 
 cprwin 
 Towus. 
 
 WliHt only 
 
 necessary In 
 convictions 
 under By- 
 laws. 
 
 301- Nothing herein contained shall limit the power of 
 the Governor to appoint under the Great Seal of the Province 
 any number of Justices of the Peace for a town, (a) or shall 
 interfere with the jurisdiction of Justices of the Peace for the 
 county in which a town having no Police Magistrate, is situate, 
 over offences committed in the town, (i) 
 
 363' It shall not be necessary in any conviction made 
 under any Ry-law of any Municipal Corporation, to set out the 
 information, appearance or non-appearance of the defendant, 
 cr the evidence or By-law, under which the conviction is 
 
 (w) For tlie purpose specified in this section, every city is a county 
 in itself. (Sec, 35(5.) 
 
 (r) Tiic jurisdiction may be exercised " in tlie city," but not over 
 offences committed therein. Courts of Quarter Sessions may sit, issue 
 ))rocess, try causes, and transact all other business within a city, but 
 they have no authority to try offences committed in the city. In 
 cities, the Recorder's Courts are substitutes for Quarter Sessions. 
 (Sec. 368.) 
 
 (//) Tiiis part of the section is new, and intended to rcMuove a 
 difficulty wliieli arose in The Queen v. Jioio, 14 U. C. C. J*. 3i>7. 
 
 (u) The common law has ever liad a si)eciid regard for tlic conser- 
 vation of tlio peace ; for peace is the very end and foundation of civil 
 law. Tlie Queen is by her office and di;rnity royal the princij)al con- 
 servator of the peace within all her dominions, and may by j)rero:rative 
 give autliority to any other to see the p(?aee kept, and pnnisli those 
 wlio break it. She is also the fountain of justice, and in riglit of both 
 these picrogatives lias from a very early period exercised tlie power 
 of appointing Justices of the Peace by commission, (Iamb, 35, 43.) 
 
 {fi) County Justices retain a general jurisdiction over towns situated 
 within their county or union of counties, subject to the special excep- 
 tions stated in this section. 
 
THE MUNICIPAL MANUAL. 
 
 ?17 
 
 Be it remembered, that 
 
 — day of , A. D 
 
 — , in (he County of 
 
 made, (c) but all such convictions may bo in the form given 
 in the following Schedule : (d) 
 
 SCHEDULE. 
 
 Province op Canada,! lie it remembered, that on the Form. 
 County of , 
 
 To WIT. 
 
 A. B. is convicted before the undersigned, one of Her 
 Majesty's Justices of the Peace in and for the said County, 
 for that the said A. B. (stating the offence, and time and place, 
 and when and where committed,') contrary to a certain By-law 
 
 of the Municipality of the of , in the said County 
 
 of ; passed on the day of A. D. , and 
 
 intituled : (reciting the title of the By-law') and I adjudge the 
 said A. B., for his said offence, to forfeit and pay the sum of 
 
 , to be paid and applied according to law, and also to pay 
 
 to C. D., the complainant, the sum of , for his costs in 
 
 this behalf. And if the several sums be not paid forthwith, 
 
 (or on or before the day of , A.B. , as the case 
 
 may he,) I order that the same be levied by distress and sale 
 of the goods and chattels of the said A. B. ; and in default of 
 sufficient distress, I adjudge the said A. B. to be imprisoned 
 
 in the common Jail of the said county of (or in the 
 
 public Lock up at ) for the space of days, unless 
 
 the said several sums, and all costs and charges of conveying • 
 the said A. B. to such Jail or Lock-up) shall be sooner paid. 
 Given under my hand and seal, the day and year first above 
 
 written, at , in the said county. 
 
 [L.S.] J. M., 7. P. 
 
 363. In prosecuting under any By-law, or for the breach compelling 
 of any By-law, witnesses may be compelled to attend and witnesses to 
 give evidence, in the same manner and by the same process ****''^' *"• 
 as witnesses are compelled to attend and give evidence on 
 summary proceedings before Justices of the Peace in cases 
 tried summarily under the Statutes now in force.(e) 
 
 (c) The law was formerly otherwise. (TJie Queen v. Jioss, H. T. 3 
 Vic., M. S., R. «fe H. Dig, Conviction, 4.) 
 
 (d) It is not said that the conviction shall be in the form given, but 
 where the Legislature gives a form, it is always safer and better, when 
 applicable, to follow it. 
 
 (e) If it be made to appear to any Justice of the Peace by the oath 
 or affirmation of any credible person, that any person within the 
 
 t'urisdiction of such Justice is likely to give material evidence on 
 >ehalf of the prosecutor or complainant or defendant, and will not 
 
I • 
 
 318 
 
 Juriii4icUon 
 nf Justices 
 under 
 by-lavfs. 
 
 Mayor may 
 culi out 
 posiie. 
 
 Power 1 " ' 
 
 i 
 
 TJIE MUNICIPAL MANUAL. 
 
 36<J:. Every eTustice of tho Peace for si County sli.-ili have 
 jurisdiction in all cases arising under any By-law of any 
 Municipality in such County, where there is no PoHoe Magis- 
 trate. (/) 
 
 36«>> The Mayor of any City or Town may call out tho 
 Posse to enforce the law within his Municipality, should 
 exigencies require it, but only under the same circumstances 
 *-t which the SheriflF of a county may now by law do so. (j/) 
 
 voluntarily appear at the time and place appointed for the ho.iring of 
 the information or complaint, the .Justice shall issue his suinmons to 
 such J crson, under his hand and seal, requiring him to bo and ajipear 
 a ti id place mentioned in such summons, before the Justice, 
 
 or Lcfuve ruh jther Justice or Justices of tho Peace for tlie terri- 
 torial division, as may then be there to testify wliat he knows con- 
 cerning the information or complaint. (Con. Stat. Can. -up. IW], 
 sec. lb ) If the person summoned n^'glect or refuse > aj pear at 
 the time and place appointed by the summons, and no just ex' use bo 
 offered for such neglect or refusal, then (after proof n])on oath or 
 affirmation of the summons having been served upon t'l'^h |i ■i-s"i 
 citlier personally or by leaving the same for him with some per on it 
 his last or most usual place of abode) the Justin' m Justices before 
 whom such person should have appcired, may issif a warrant under 
 his or their hands and seals, to bring and have a '.•■U pirson a', a time 
 and place to be therein mentioned, before tlie JubUco ivhu issued tlie 
 summons, or before such other Justice or Justices of the rcacc for the 
 same territorial division as may be tlien there, to testify as afore^iaid. 
 (]h. sec. 17.) The warrant may, if necessary, be baelced, in order to 
 its being executed out of the jurisdiction of the Justice who issued 
 it. {!'>.) 
 
 (/) The meaning of this section is not free from doubt. Tlie lan- 
 guage used is very comprehensive. Ercrij Justice of the Peace for a 
 county shall liave jurisdiction in all c/ise.i arising untler aiii/ Ijy-hiw of 
 ani/ Municipality in such county where there is no Police Magistrate 
 Tills is broad enough to give jurisdiction to Countj' Justices in tlie 
 cases mentioned, over offences again.st by-laws committed in cities and 
 towns withdrawn from the jurisdiction of the counties in which situato, 
 and which cities and towns, for municipal and certain judicial i)ur- 
 poses, are counties of themselves (sec. 350), provided tiiere be no I'oliee 
 Magistrate in such cities and towns. But it is doubtful if tlie Legisla- 
 ture really intended to give such an extended operation to the section. 
 
 {g) " Posse Comitatm," or power of the c(miity, includes tho aid 
 of and attendance of every person above tho age of tifteen witliiii 
 the county. Persons able to travel are required to be assistant in 
 this service. It is used when a riot is committed, a possession 
 is kept on a forcible entry, or any force or rescue made, contrary 
 to i\\^ -iuecn's writ or in opposition to the execution of justice. 
 The power is usually summoned by the Sheriff. But with resp.'ct 
 to writs tliat issue in the first instance to arrest in civil suits, the 
 Slieriff is not bound to take the posse to ns.sist him in tiic cxeeu- 
 tioft of them, — ^though he rnay do so if he please?, on forcible resist- 
 
fllE MlTNlCIPAL MANUAL. 
 
 319 
 
 300. The head of every Council, or in his absence the Ueadaof 
 
 Chairman tliereof, may administer an oath or afBrmation to adm'inig'te? 
 
 any person, concerning any account or other matter submitted oa"'s.*c. 
 to the Council. (Ji) 
 
 POLICE OFFICE. 
 
 307. The Council of every Town and City shall establish PoUco offices 
 therein a Police OflScej and the Police Magistrate, (0 or, in i";"^'""* 
 his absence, or where there is no Police Magistrate, the Mayor 
 of the Town or City, shall attend at such Police OflBce daily, 
 or at such times and for such period as may be necessary for 
 the disposal of the business brought before him as a Justice 
 of the Peace j and any Justice of the Peace having jurisdic- 
 tion in a Town may, at the request of the Mayor thereof, act 
 in his stead at the Police Office; (^j) but, except in cases 
 of urgent necessity, no attendance is required on Sunday, 
 Chrii:tina9 Day, or Good Friday, or any day appointed by pro- 
 claniatiou for a Public Fast or Thanksgiving (Jc) 
 
 aiice to the exocution of the process. Sheriffs, Ac, are to be assisting 
 Justices of the Peace in suppressing riots, <fec., and raise the posse by 
 cliiirging any number of men to attend for that purpose, wlio may 
 talvc witii tliem such weapons as shall be necessary, and tiiey may 
 justify the beating and even killing such rioters as resist or refuse to 
 surrender ; and persons refusing to assist in the posse may be fined 
 and imprisoned. It is lawful for a peace-otficer to assemble a com- 
 petent number of people and sufficient power to suppress reiiels, 
 rioters, &c. ; but tlicre must be ;;;reat caution, lest under a pretence of 
 keeping the peace, the peace officer cause a breach of it; and Slieriffs, 
 •fee, are punishable for using heedless violence or alarming the country 
 in these cases without just ground. (See Tomlin. Law Die. " Posse 
 Comitatus;" Watson's Office of Sheriff, 2 Edn. 2, 73, 193.) 
 
 (Ji) Such is, in effect, the provision contained in sec. 184 of this act. 
 
 ((■) As to the appointment of a Police Magistrate, see sec. 371. 
 
 (j) The persons who may preside at the Police Court are the Police 
 Magistrate, Mayor, and any Justice of the Peace having jurisdiction 
 in a town: 
 
 1. The Police Magistrate, if able, daily, or at such times and for 
 
 such period as may be necessary for the disposal of the business. 
 
 2. The Mayor, if no Police Magistrate, or in the absence of the 
 
 Police Magistrate, is to perform the same duties. 
 .S. Any Justice of the Peace having jurisdiction in a town, at the 
 request of the Mayor thereof. 
 
 {k) The urgency of each case, as to whether it amounts to a neces- 
 sity or not, must in the first instance be determined by the Police 
 Magistrate, <&c, 
 
320 
 
 Recorder's 
 Court in 
 cities. 
 
 <,f. 
 
 ! 
 
 I i 
 
 THE MUNICIPAL MANUAL. 
 
 RECORDERS' COURTS AND POLICE MAGISTRATES. 
 
 Recorder's Court. 
 
 368. There shall be in every City a Court of Becord, to be 
 called the Recorder's Court of the City, and therein the Recor- 
 der, alone or assisted by one or more of the Aldermen, shall 
 preside ; or in the absence of the Recorder, or when there is 
 no Recorder, the Police Magistrate or Mayor (and in their 
 ab.sence one of the Aldermen elected by themselves), assisted 
 by one or more Aldermen, shall preside; (/) and the Court 
 shall, as to crimes and offences committed in the City, and as 
 to matters of civil concern therein, have the same jurisdiction 
 and powers, and use the like process and proceedings, as 
 Courts of Quarter Sessions of the Peace in Counties. (;«) 
 
 (l) The persons who are to preside at a Recorder's Court are the 
 Recorder, tlie Police Magistrate, the Mayor or an Alderman. 
 
 1. The Recorder, either alone or assisted by one or more Aldermen. 
 
 2. Tlio I'olice Magistrate, assisted by one or more Aldermen, in the 
 
 absence of tlie Recorder, or where there is no Recorder. 
 
 3. The Mayor', ossisted by one or more Aldermen, in the absence 
 
 cither of the Recorder or Police Magistrate. 
 
 4. One of the Aldermen, elected by themselves, assisted by one or 
 
 more Aldermen, in tlie absence of the Recorder, Police Magis- 
 trate and Mayor. 
 
 (w) There are three different kinds of Sessions holden by Justices 
 of the P6ace : 
 
 1. General Sessions, which may be holden at any time of the year, 
 
 for the general execution of the authority of Justices. 
 
 2. The General Quarter Sessions, which are holden at stated times 
 
 in the four quarters of the year. 
 
 5. A Special or Petty Sessions, which is holden on any special 
 
 occasion, for the execution of some particular branch of the 
 authority of the Justice. (See 2 Hawk. P. C. cap. 8, see. 47.) 
 The second, or " Court of Quarter Sessions of the Peace," is the one 
 mentioned in this section. Its jurisdiction, by statute 34 Edw. III. 
 cap. 1 , extends to the trying and determining all felonies and trespasses 
 whatsoever, though they seldom if ever try any capital offence, their 
 commissions providing that if any case of difficulty arises, they shall 
 not proceed to judgment, but in the presence of one of the Judges of 
 the Court of Queen's Bench or Common Pleas, oc one of the Judges of 
 Assize ; and therefore murders and other capital offences are usually 
 remitted for a more solemn trial to the assizes. All powers and juris- 
 dictions to try treasons and felonies, for conviction whereof the punish- 
 ment of death is imposed, and which powers and jurisdictions are by 
 any law or statute whatsoever granted or confirmed, or which arc in 
 any other manner vested in or exercised by any Court of Quarter 
 Sessions or Recorder's Court of this Province, are absolutely revoked 
 and determined. (24 Vic. cap. 14, sec. I.) The Quarter Sessions 
 have cognizance of all offences which tend to a breach of the peace, 
 
THE MUNICIPAL MANUAL. 
 
 821 
 
 IS. 
 
 to be 
 
 ecor- 
 
 shall 
 
 ere is 
 
 their 
 
 sistcd 
 
 Court 
 
 nd as 
 
 liction 
 
 2S, as 
 
 ■«) 
 
 are the 
 
 Jcrmen. 
 1, in the 
 er. 
 absence 
 
 y one or 
 u Magis- 
 
 Justices 
 
 the year, 
 
 ted times 
 
 y special 
 ch of the 
 , 8CC. 47.) 
 is the one 
 Edw. III. 
 trespasses 
 nee, their 
 tliey shall 
 Judges of 
 Judges of 
 ,re usually 
 and jnris- 
 ,he punish- 
 ons are by 
 lich are in 
 of Quarter 
 ly revoked 
 >r SessionB 
 the peace, 
 
 Recorders and Police Magistrates. 
 369. The Recorder shall be a Barrister of Upper Caaada, n«cora(>i. 
 of not less than five years' standing, (n) „)■"* ''""'^' 
 
 370* Every Recorder shall receive a salary of not less than salary of 
 one thousand dollars, and his salary shall be defrayed from and '^'''^'"^^'"'■ 
 out of the Fee Fund from which the salaries of County Judges 
 arc defrayed, (o) 
 
 371. All Cities and all Towns having more than fivo 
 thousand inhabitants shall have a Police Magistrate, (p) and 
 
 I'olico miigls- 
 
 triite. 
 
 As II i)h'ni!i'(l 
 
 by cap. 52, 
 
 except forgery and perjury. (Tfie Kinq v. Ilir/ffins, 2 East. 18.) The 
 gonernl words in the commission of the pence, "including all trfs- 
 passes," compreliend not only direct breaches of the peace, but nUo nil 
 siifli offences ns have a tendencj' thereto ; and on this ground c()n.«pi- 
 racies and libels, or any illegal solicitations, attempts or endcnv(iui'.s to 
 commit crimes, have been holden to be cognizable hy Quarter Sessions. 
 ( The lung v. II'Kjgins, 2 East. 23; The King v. Summers, 3 Salk. I(i4 ; 
 27te King V. Jiinpal, 3 Burr. 1320.) They cannot take cognizance of 
 loi-gerv as a cheat, but over other cheats in general their jurisdictioti 
 is undiiubtod. [The King v. Gibbs, 1 East. 173.) The Sessions cannot 
 try any newly created offence, without express pow^er given thcin by 
 the statute which creates it. (Eoop v. Scritck, 4 Mod. 379 ; The Quern 
 v. Yarrbigton, 1 Salk. 40G.) The Chairman of the Sessions, in a matter 
 of appeal, lias no power to grant tlie certificate of acquittal intended by 
 Con. Stat. Can. cap. 91, sec. 42. ( Westbrook v. Calaghan, 1 2 U. C. V. V. 
 CI 6.) The court maj' grant a new trial at the same sittings at which 
 a conviction is had. {The Queen v. Fitzgerald, 20 U. C. Q, B. 010.) If 
 ri;fused, there may be an appeal to one of the superior courts of hr.v. 
 ( The Queen v. McLean, 22 U. C. Q. B. 443) The proper proceeilin - to 
 reverse a judgment of the Quarter Sessions is by writ of error, nut, by 
 cerliornri and habeas corpses. {The Queen v. Powell, 21 U. C. Q. B. 215!) 
 The chairman cannot, in general, make an order of the Court, except 
 during a session, either regular or adjourned. {In re Coleman, Clerk 
 of the "Peace for the County of Hastings, 23 U. C. Q. B. 615.) The English 
 statute 16 Car. I. Cap. 10, applies only to the Court of Star Chamber, 
 and other courts therein named, and not to such tribunals as Recorder's 
 Courts in Upper Canada. {Stark v. Ford, 11 U. C. Q. B. 303.) 
 
 (n) In the case of a County Judge, he must be a barrister of at least • 
 five years' standing at the bar of upper Canada. (Con. Stat. U. C. cap. 
 15, sec. 2.) Here it is only required that the Recorder shall be " a 
 barrister of Upper Canada," and probably an English barrister of five 
 years' standing, though recently called to the Upper Canada bar, would 
 bo held qualified to be a Recorder, though not a County Judge. 
 
 (o) The minimum, not maximum, salary, it will be observed, is hero 
 given, and the fund whence it is to bo taken, viz., the Fee Fund, from 
 which the salaries of County Judges are defrayed. 
 
 {p) It may be held, that the right of a town, having only five thou- 
 s.and inhabitants or less, to have a Police Magistrate is here impliedly 
 denied; but pvery Police Magistrate appointed before the passinn- of 
 this act in any town with a less popidation than five thousand is°not 
 to be affected by this section. 
 
 21 
 
322 
 
 TUB MtJNIOIPAL MANtTAt. 
 
 Salary oJ 
 
 Police 
 
 M«giitr«le. 
 
 Proviso. 
 
 Id CiUee. 
 
 Tenare of 
 office. 
 
 Reeorilera 
 and police 
 magistrates 
 to bo J. P'a 
 
 tx oJficUi, 
 
 the salaries of such Police Magistrates shall not bo less than 
 on the following scale: (q) 
 
 In Tovrns — Where the population is over five thousand and 
 under six thousand, four hundred dollars per annum ; where 
 the population is over six thousand and under eight thousand, 
 six hundred dollars per annum ; where the population is over 
 eight thousand, one thousand dollars per annum: Provided 
 always, that every Police Magistrate appointed before the 
 passing of this Act, in any Town with a less population than 
 five thousand, shall not be affected by this section. 
 
 In Cities — Twelve hundred dollars per annum j but any 
 salary of a larger amount that is paid to any Police Magis- 
 trate at the time of the passing of this Act, shall be con- 
 tinued whilst such Police Magistrate remains in office. 
 
 379' Every Police Magistrate shall hold office during 
 pleasure. (_r) 
 
 373. Every recorder and police magistrate shall ex officio, 
 be a justice of the peace for the city or town for which he holds 
 office, as well as for the county or union of counties in which 
 the city or town is or was situate ; (s) but no other justice of 
 
 1 1 
 
 1:! 
 
 (q) The scale \a as follows : 
 In Towns — 
 
 Populatioo over 6000 and tinder 6000 Salary, 0400 
 
 " 6000 " 8000 " j!600 
 
 " " 8000 " flOOO 
 
 In Cities — "Whatever the population " $1200 
 
 It is presumed, though not so expressed, that the salary is to be in 
 lieu of all fees, — the salary being the sole compensation 6xed for the 
 services performed. (See sec. 874, as to the Clerk of the Court.) It 
 is not said whence the salary is to come or upon whom devolves the, 
 duty of paying it. Under the old law it was hold that a Police 
 Magistrate could maintain an action of debt for his salary against the 
 Municipal Corporation of which he was Police Magistrate. ( Wilkes 
 V. The Town Council of Brant/ord. 3 U. C. C. P. 470.) 
 
 (r) Though not so expressed, it is presumed that the appointment 
 is to be made by the Queen, who is the universal officer and dispenser 
 of justice within the realm. (Bac. Ab. Offices, B.) But though all 
 offices in relation to the administration of justice were originally and 
 inherently lodged in the Crown, yet the Queen cannot grant these in 
 any other manner than warranted by the statute or other authority* 
 creating them. (Ih. U.) Offices in respect to their duration and 
 continuance are distinguished into those which are of inheritance, in 
 fee, fee tail, freehold, for years, and during will and pleaeure. (Jb.) 
 The office of Police Magistrate is, by the section here annotated, held 
 only " during pleasure." 
 
 (t) t'his has already been in effect enacted by sec, 857. 
 
THE MUNICIPAL MANUAL. 
 
 323 
 
 the peace shall adjudicate iu any cose for any town or city 
 where there is a police magistrate, except in the case of the 
 illucss, absence, or at the request of the police magistrate, (t) 
 
 TiiK Clerk, 
 374. The Clerk of the Council of every city or towo or SISjJ^'L, 
 such other person as the Council of the city or town may and hit "' 
 appoint for that purpose, shall be the Clerk of the Police *""••• 
 Office thereof, and perform the same duties and receive the 
 same emoluments as Clerks of Justices of the Peace, and the 
 City Clerk, or such other person as the Council of the city 
 may appoint for that purpose, shall also be Clerk of the 
 Itecordcr's Court, and shall perform the same duties, and re- oietkof 
 ccivo the same emoluments as Clerks of the Peace; (tt) and in Jieoorder'* 
 
 / ^Vkii^ Amis 
 
 cnse the said Clerks or either of them, are or is paid by a fixed or Miary. 
 salary, the said emoluments shall be paid by them or him to 
 the municipality, and form part of its funds, and such Clerk 
 shall be the officer of and under the police magistrate, (u) 
 
 Sessions of Rkcordeu's Court. 
 37«S. The Recorder's Court shall hold four sessions in g^^oB^of 
 every year and such sessions shall commence on the first Bepordert 
 Monday in the months of March, Juno and September, and oB 
 the third Monday in the month of December. (t») 
 
 370. The panels of Grand Jurors shall consist of twenty- jaron. 
 four persons, and the panels of the Petit Jurors of not less 
 
 (<) See sec. 364. 
 
 (It) It has been held, that the duty of selecting and drafting jurora 
 for a city belongs to the Clerk of the Recorder's Court of the city, aud 
 not to the Clerk of the Peace of the county in which the city is situato 
 (/« re McNab and Daly, 22 U. C. Q. B. 170) ; but that returns of con- 
 victions made by aldermen of cities must be returned, as heretofore, to 
 the General Quarter Sessions of the Pence for the county, a v . iiot to 
 tijc Recorder's Court for the city. (Keenahan, q. t., v. Jliglaoa, 22 
 U. C. Q. B. 626.) 
 
 {u) The appointment of Police Clerks and Clerks of Recorder's Courts 
 rests with the Municipal Councils. The Clerk of each Council is to act 
 <x officio in the absence of any other appointment. Whether he acta 
 «x officio or is appointed to act, if in receipt of a fixed salary as Clerk 
 of the Council, the fees appertaining to his office as Clerk, either of the 
 Police or Recorder's Court, are to be paid by him to the Municipality 
 and form part of its funds. 
 
 (>•) Thongh the Recorder's Court has, as to crimes and offences com- 
 mitted in the city, Ac, the same jurisdiction and powers, and uses the 
 like process and proceedings as Courts of Quarter Sessions (sec. 368), 
 the days for the sittings or sessions differ. For Quarter Sessions the 
 /iays are the second Tuesday in the months of March, June, September 
 ?iud December. (Con. Stat. U. C. cap. 17, sec. 3.) 
 
I,i 
 
 f ! 
 
 I\ 
 
 324 
 
 TIIK MUNICIPAL MANL'AL. 
 
 High Ilalllff 
 to lummOD. 
 
 than thirty-six nor more than sixty persons ; (v) and all snch 
 persons shall be residents of the city, Kclectcd fi) serve ns Juror.s 
 under the Laws relating to Jurors. (;>•) 
 
 3V7> The High BaiiifT of a city, not made a soparalc 
 county for all purposes, shall b:illut fur and sumiiioii liio 
 jurors, under a precept signed by the Recorder,' or by tli" 
 Mayor, or the Alderman elected to act in ilio liocordorV 
 place, in the manner appointed by the Imwh relating tu 
 Jurors, (y) 
 
 Costs of per- 378. On the acquittal of any porson tried for misdemeanor 
 
 uTofra'i'ude- in » Recorder's Court the presiding Officer shall, if tlio Court 
 
 musnor. j^ Satisfied that there was reasonable and probable cause fur 
 
 the prosecution, order the costs thereof to be taxed the 
 
 Clerk, and to be paid out of the City Funds. (;:) 
 
 Kxpcnai'B of 
 eriminnl 
 
 •(ustico in 
 Recorder's 
 Court liow 
 p*icl. 
 
 Expenses of D kcohder's Court. 
 
 379. The expenses of the administration of justice in 
 criminal cases in the Recorder's Court shall be defrayed out 
 of the Consolidated Revenue Fund, in like manner and to the 
 like extent as the expenses attending the adniiniistratiun uf 
 justice in criminal cases in the several Courts of Quarter Ses- 
 sions in Upper Canada. (^0 
 
 (w) See Con. Stat. U. C. cap. 31, sec. 132 to sec. 137 inclusive. 
 
 (x) See note r to sec. 75. 
 
 (w) Tiie duties under tlie Jurors Act required of Iliy;li BiiilifJs or 
 oilier similar officers of cities, and tlioso also required of Clerks of the 
 Peace and of the Clerks of Recorder's Coui'ts of cities, may be performed 
 either by the principal ofliccr himself or by his deputy. (Con. Stat. 
 U. C. cap. 31, sec. 138.) 
 
 (z) In cities where tlie Clerks nre paid by fixed sal.irios, all tlio 
 emoluments of the Court are paid by the Clerks to the Municipality 
 and form part of its funds. So that when costs of a prosecution nre to 
 be paid, it is only proper under these circumstances, that such costs 
 should be paid out of the city funds. 
 
 (a) The whole of the expenses of the administration of criminal 
 justice in Upper Canada should be paid out of the Consolidated Revenue 
 Fund of the Province. (Con. Stat. U. C. cap. 120.) All accounts of 
 or rf lative to such expenses, must be audited, vouched and approved 
 v\der such regulations as the Governor in Council from time to time 
 directs and appoints. {lb. sec. 2.) The several heads of expense 
 mentioned in the schedule to the act, nre deemed expenses of the ad- 
 ministration of criminal justice within the meaning of the act. {Jh. 
 sec. 3.) See In re Pouscti and the County of Lambton, 21 U. C. Q. 15. 
 472; S. C. 22 U, C. Q. B. 80. 
 
TllK ML'NU'Il'AL MANTAL. 
 
 325 
 
 ill such 
 Jurors 
 
 K'parate 
 ion ibo 
 by til" 
 corilov's 
 \tint: to 
 
 \o Court 
 ;ause lor 
 'A ■ tlic 
 
 ustiec in 
 Vayod out 
 md to the 
 tration of 
 .avtcr Scs- 
 
 luslve. 
 
 !i BtiilUls or 
 
 :lerki« of tho 
 
 ju performed 
 
 (Con. Stilt. 
 
 irics, all tliu 
 jMunicipality 
 L'Ciition are to 
 at such costs 
 
 I of criniimil 
 ,!ited Revenuu 
 1 accounts of 
 and approved 
 1 time to time 
 Is of expense 
 ises of the ad- 
 tUe act. (/''• 
 21 U. C. Q. H. 
 
 INVKSTIGATIONS BY RECOUDER UNDER RKSOLUIION 
 OF CITY COUNCIL. 
 
 JISO. Til case the Ooujicil of any City nt any time passes 
 !i niHoIution (/>) refjuostir, ■: lue Recorder of the City to invcsti- 
 ;ziite iuiy nuittcr to be nicniioncd in tho resolution and re- 
 liitiiip; to a supposed inalfeasunce, breach of trust, or other 
 misconduct on tho part of any member of the Council or 
 officer of tho Corporation, or of any person having a contract 
 therewith, in relation to tho duties or obligations of the 
 member, officer, or other person, to the City, (c) or in case 
 tho Council of any City sees fit to cause inquiry to bo mado 
 into or concerning any matter connected with the good 
 government of the City, or the condm^t of any part of tho 
 public bu.siness thereof, (tf) and if the Council at any time 
 passes a resolution requesting tho Kecordcr of tho City to 
 make the inquiry, the Rncordcr shall inquire into the 6anie,(c) 
 and shall for that purpose have all tho powers of Commis- 
 sioners under tho Consolidated Statutes of Canada respecting 
 itK|uiries concerning public matters and official notices, (/) 
 and the Recorder shall, with all convenient speed, report to 
 the Council the result of the inquiry and tho evidence taken 
 thereon. (17) 
 
 InrciitlKO- 
 tlon by Re- 
 corder of 
 chargpB of 
 umlfuawnoe. 
 
 To have 
 power* un- 
 der CoDDOli- 
 
 dated Stats, 
 of Canada, 
 cap. 13. 
 
 (b) Rcxohuion — See note I to sec. 100. 
 
 ((') So far the investigation autliorizcd is to bo one relating to n 
 ■' supposed breach of trust, o>- other mkcondad" tfec. Tho section 
 extends to all members of the Council as well as officers of the Muni- 
 'Jpallty, and to all persons having contracts with tho Council. Tlie 
 object of the enactment is manifestly to facilitate tho detection and 
 correction of abuses. 
 
 (d) The design of this part of the section is to embrace cases not 
 falling within tlie preceding. 
 
 (<?) It is enacted that if the Council nt any time passes a resolution 
 requesting the Recorder to make tho inquiry, he shall inquire into 
 llie same. Tiie duty is imperative. 
 
 (/) Commissioners so appointed have tho power of summoning 
 before them any party as witnesses, and of requiring thoiii to give 
 evidence on oath, orally or in writing (or on solemn affirmation, if 
 they are parties entitled to affirm in civil matters), and to produce 
 such documents and things as such Commissioners think requisite to 
 the full investigation of the matters into which they are appointed to 
 examine (Con. Stat. Can. cap. 13, sec. 1); and the Commissioners 
 have the same power to enforce the attendance of such witnesses, and 
 to compel tiiem to give evidence, as is vested in any court of law in 
 civil cases. (76.) 
 
 (g) The Retorder is not only to report to the Council the result of 
 the inquiry, but the evidence taken thereon. 
 
326 
 
 ill 
 
 SiTiaioii 
 Omtrtmay 
 Iw hell by 
 R«oonlsr. 
 
 Salary M 
 Jndgeof 
 SiTision 
 Court 
 
 THE MUNICIPAL MAXL'AL, 
 
 CITY DIVISION COURT. 
 
 381- The Governor may, by Letters Patent under the 
 Great Seal, appoint the Recorder to preside over and hold 
 the Division Court of that Division of the Coun(y which 
 inclaoes the City ; (h) and in such case, as long as the Letters 
 Patent remain unrevoked, (/) the Recorder shall have the 
 powers and privileges and perform the duties otherwise be- 
 longing to the County Court Judge as Judge of the Division 
 Court, (7) and during such period the authority and duties 
 of the County Judge or Judge of such Division Court shall 
 ceape, (i) except as in this Act provided. {I) 
 
 383. The Governor-in-Council shall fix an annual salary, 
 to be paid to the Recorder for performing such duties, regard 
 being had, in fixing the same, to the population resident within 
 the jurisdiction of such Division Court, the amount accruing 
 from the Court to the Fee Fund, the amount of the salary of the 
 
 (h) Thero are not less than three nor more than twelve Division 
 Courts in each county or union of counties, of wliich one must be in 
 and for each city and county town. (Con, Stat. U. C. cap. 19, soc. 3.) 
 The Justices of the Peace for each county, in general Quarter Sessions 
 assembled, may, subject to the restrictions in the Division Court Act 
 contained, appoint, and from time to time alter, the number, limits, 
 and extent of every division, and number the divisions, begiiiniujjf at 
 No. 1 (lb, sec. 8) ; and a less number of Justices shall not alter or 
 rescind any resolution or orih r made by a si,Teater number at any 
 previous session. (lb.) See also statute 29 Vic. cap. 31, as to a new 
 mode of establishing additional Division Courts. 
 
 (i) "Words authorizing the api)ointment of any. public officer or 
 fnnclionarv, include the power of removing him, re-appoiiitiiig him, 
 or ai)pointirig another in his stead, in the discretion of the autliority 
 in whom the power of appointment is vested. (Con. Stat. Can. 
 cap. .5, sec. 6, sub-sec. 22.) 
 
 (_/) The powers and privileges and dutiep of a Division Court 
 Judge can only be a.scertained upon an examination of the various 
 provisions of the Division Courts Act, Con Stat. U. C. cap. 19. So 
 long as he acts within his jurisdiction he is not responsible for any 
 error of judgment or mistake of law. (Kemp v. Keville, 10 C. B., 
 N. S., 523; Slark v. Ford, 11 U. C. Q. B. 363.) The law is different 
 where he acts in a ministerial capacity. (Pari* v. Davis, 10 U. C. 
 C. P. 229.) 
 
 (k) It is not intended that tlie County Judge and Recorder shal ' 
 have co-ordinate jurisdiction our the same City Division Court. When- 
 ever the latter is authorized to hold the court, the authority of the 
 former ceases. While a Recorder is authorized to hold a Division 
 Court, he is not allowed to practice as a barrister, advocate, attorney, 
 solicitor, or proctor in any court of law or equity. (Sec, 383.) 
 
 {I) See sec. 334, 
 
THE MDNICIPAL MANUAL. 
 
 327 
 
 Recorder as such, and tlie amount of the salaries of the County 
 Court Judges in Upper Canada, and the salary shall be subject 
 to be altered, in the like way, and shall be paid out of the like 
 fund and in the like manner as the salary of the County Judge 
 in and for the County in which the city is situated, (m) 
 
 383. While a Recorder is authorized to hold the Division Rocorder, 
 Court, ho shall not practise as a Barrister, Advocate, Attorney, prac?h°°at° 
 Solicitor or Proctor in any Court of Law or Equity, (n) ii^" •'*'■• 
 
 384. In case of the Recorder's illness or unavoidable Absence of 
 ubseni:e, or absence by leave of the Governor while such ''*'''".^''r-, 
 
 r Vk ■ ..•' . -r 1 n 1 /^ /-I e provided for. 
 
 Letters Patent are in force, the Judge oi the County (Jourt ot 
 the County in which the City lies, may officiate for the Recor- 
 der as Judge of such Division Court, and in every other 
 capacity pertaining to the office of the Recorder as Judge of 
 such Division Court; (o) or the Recorder may, by an in-stru- 
 ment in writing under his hand and seal, appoint a Barrister Appoint- 
 of Upper Canada to act for him as Judge of such Division u^'puty. 
 Court, with like powers as aforesaid; (/>) but no such appoint- 
 ment shall continue in force for more than one month, unless 
 renewed in like form. («^) 
 
 383. Every such instrument shall contain a recital of the Form of. 
 cause which renders the appointment therein contained neces- 
 sary, and shall be executed in triplicate, and the Recorder 
 
 (m) The Recorder is to receive ati nnnunl salary for perforininfj tlie 
 duties mentioned in the last section. The salary is to be fixed by the 
 (lOvernor-in-Conncil. It is not to be arbitrarily fixed, but with regard 
 to the following data: 
 
 1. Tlic populalAon resident within the jurisdiction of tlie Division 
 
 Court 
 
 2. The amount accruing from that Court to the Fee Fund. 
 
 3. The amount of the salary of the Recorder as Recorder. (See s. 370.) 
 
 4. The amount of the salaries of the County Judges in Upper Canada, 
 (n) County Judges are not allowed to act as conveyancers, or to do 
 
 any manner of conveyancing, or prepare any papers or documents to 
 be used in any Court in the Province. (29 Vic. cap. 30.) 
 
 (o) The Judge of the County Court of the county in which ih« division 
 presided over by the Recorder is situate, may officiate for the Itecnrder 
 in either of three events; first, the illness of the Recorder; secondly, 
 absence by leave of the (rovernor; and, thirdly, unavoidable absence. 
 
 (/)) lie may appoint ani/ barrister, no matter of how few years' 
 standing ot the bar. The Governor may annul any such appointment, 
 and may appoint another barrister to act for the Recorder. (Sec. 38(5.) 
 
 [</) That is, no appointment by the Recorder under this section shall 
 be of longer duration than one calendar month, unless renewed in tlie 
 form directed. (See sec. 385.) 
 
I 
 
 328 
 
 THE MUNICIPAL MANUAL. 
 
 (idvernOT 
 liny super- 
 se.ie and 
 sulistituto 
 limit her. 
 
 Cuiiipctoucy 
 (if.iururfl mill 
 ■witucBses. 
 
 shall file one of the triplicate originals in the office of the 
 Clerk of such Division Court, and shall delivei* or send to the 
 person so named to officiate for him another thereof, and shall 
 transmit the third to the Provincial Secretary for the informa- 
 tion of the Governor, (r) 
 
 380- The Governor may, by an instrument under his 
 Privy Seal, annul any such appointment; and may, if ho 
 thinks fit, by the same instrument or any other instrument 
 under his Privy Seal, appoint another JJarrister of Upper 
 Canada to act for the Recorder in the place of the Bani.ster 
 appointed by the Recorder, (s) 
 
 JURORS AND WITNESSES. 
 
 C^OMPETENCY. 
 
 387. In any prosecution, suit, action or proceodinir to 
 which a Municipal Corporation is a party, no member, officer 
 or servant of the Corporation shall, on account of his being 
 such, be an incompetent witness, (?) or be liable to challenge 
 as a juror, (m) 
 
 (>•) Provision is in this section made, as well for tlie form of the 
 instrument as for the disposal of it when executed. It must contain a 
 recital of the cause which renders the appointment necessar}-, and must 
 be executed in triplicate. It must be under seal. (See. 384.) When 
 executed in triplicate, the copies are to be disposed of as follows : or.e 
 copj' to be filed in the office of the Clerk of the Division Court ; the 
 second to be delivered to the person named therein ; and the third to 
 be transmitted to the Provincial Secretary. 
 
 (s) The Governor may, 
 
 1. Annul the appointment. 
 
 2. Appoint another barrister of Upper Canada to act for the Recor- 
 
 der, in the place of the barrister appointed by the Kccordur. 
 The power of the Governor must be exercised by an instrunient 
 under the privy seal. He may, by the same instrument or any other 
 instrument under the like seal, make the nc" am>ointment. 
 
 (t) Although in the ordinary afFaira of life temptations to practise 
 deceit and falsehood may be comparatively few, and therefore men 
 may in general be disposed to rely on the statements of each other, 
 yet ill judicial investigations the motives to pervert the truth and to 
 perjietrate falsehood and fraud are so greatly multiplied, that if mis- 
 statements were believed in courts of justice with the same undiscri- 
 miniiting credulity as in private life, much wrong would be nnf|nes- 
 tionably done. The danger of injustice arising from this cause, wliich 
 doubtless should induce both judges and juries to watch with cautious 
 suspicion the evidence laid before them, especially when it comes from 
 an interested and polluted source, has till recently been thought to 
 justify the observance of a dlctinction between competent and incom- 
 petent witnesses ; and with a view of rendering the evil as inoperative 
 
 V, 
 
THE MUNICIPAL MANUAL. 
 
 329 
 
 £xpiiipUotia 
 of eltizoiis 
 as jiirorf. 
 
 £sceptiou. 
 
 Exemptions. 
 The iiihiibitants of a City, not a separate County for 
 all purposes, (a) slmll be exempt from serving; on juries, any 
 other than the City Courts and Courts of Assize and Nisi 
 Pnus, Oyer and Terminer and General Goal Delivery for the 
 County in which the City is situate, and on trials at bar before 
 the Superior Courts of Common Law. (b) 
 
 HIGH BAILIFFS AND CONSTABLES. 
 
 380. The Councilof every City shall appoint a lli,c;h Bailiff, High Bsiiiff* 
 but jnay provide by by-law that the offices of High i3ailifT and bioL^"""* 
 Chief Constable shall be held by the same person, (c) 
 
 as jio.ssible, it was long deeined expedient tlnit the testimony of .some 
 particular classes of persons should be uniformly excluded (2 Taylor on 
 Evidence, 2 Edn. 1010) ; but of late, the rule both in England and in 
 U i)i)er Canada has been much relaxed. (Con. Stat. U.C. cap. 32, ss. 3, 4.) 
 But still a distinction is to be observed between the competcnci/ and the 
 credlhiliti/ of a witness. This section makes competent in anj' prosecu- 
 tion, itc, in which a municipal corporation is a party, any number, 
 officer or servant of the corporation. The question of competency is, 
 whenever it arises, one to be determined by the court. (Barthtt v. 
 Smith, 11 M. <fe W. 483.) 
 
 (n) To challenge a juror is to take exception to his right to ait, either 
 from want of qualification or on account of interest, «tc. (See Con. U.C. 
 cap. 31, sec. 98, etseq.) 
 
 (a) See note j> to sec. 356. 
 
 (6) To make the exemption complete, some reference should have 
 been made to the Court of Chancery, which is now empowered to direct 
 issues to be tried by a jury. (See Con. Stat. U. C. cap. 12, sec. 0'.), 
 aiid sec. 34, svib-sec. 2.) 
 
 (f) A Constable is an officer of great antiquity. (Bac. ab.Constable, A.) 
 The office was originally instituted for the better preservation of the 
 peace. (Ib.Q.) A constable is the proper officer to a Justice of the Peace, 
 and so is bound to execute warrants. (76. D.) If a constable be sued for 
 anything done in the execution of his office, he and all who assist him 
 may plead the general issue, and give the special matter in evidence. 
 (//>.) There may be one or more constables for each ward of a city or 
 town (sec. 390), or as many constables and other officers and assistants 
 as the Council may deem necessary. (Sec. 396.) The Chief Constable 
 is the constable appointed to have precedence over other constables, 
 and to sui)erintend and control them. {lb.) His duties usually differ 
 from those of the High Bailiff. The latter is, as it were. Sheriff of the 
 city; and yet it has been held that it is the duty of the Sheriff of the 
 county in which the city is situate, and not of the High Bailiff of the 
 city, to convey to the Penitentiary prisoners sentenced at the Recor- 
 der's Court. {Glass v. Wigniore, 21 U. C. Q. B. 37.) Every city must, 
 under the section here annotated, appoint a High Bailiff, and may by 
 by-law dij'ect that the offices of High Bailiff and Chief Constable shall 
 be held b}' the same person. Until the organization of a Board of 
 
330 
 
 THE MUNICIPAL MANUAL. 
 
 Chief 
 CutiHtable. 
 
 ArreHtx by 
 ConstrtlilrtS 
 for iilltjrfd 
 Vreuclivs of 
 l!ie I'lHce 
 (not wltbin 
 view) vhfn 
 
 MDCtlOLed. 
 
 300. Until the organization of a IJoard of Police as here- 
 inafter mentioned, (<I) the Council of the city or town shall 
 appoint one Chief Constable for the municipality, and one or 
 more Constables for each Ward, and the persons so appointed 
 shall hold office during the pleasure of the Council, (e) 
 
 391. In case any person complafns to a Chief of Police, or 
 to a Constable or BailiflFin a town or city, of a breach of the 
 peace having been committed, and iu case such officer has 
 reason to believe that a breach of the peace has been committed, 
 though not in his presence, and that there is good reason to 
 apprehend that the arrest of the person charged with committ- 
 ing the same is necessary to prevent his escape or to prevent 
 a renewal of the breach of the peace, or to prevent immediate 
 violence to person or property, then if the person complaining 
 gives satisfactory security to the officer that he will without 
 delay appear and prosecute the charge before the Police Magis- 
 trate or before the Mayor or sitting Justice, such officer n>ay, 
 without warrant, arrest the person charged in order to his being 
 conveyed as soon as conveniently may be before the Magistrate, 
 Mayor, or Justice, to be dealt with according to law. (/) 
 
 Police, every citj- or town must appoint one Chief Constable and on« 
 or more constables for each ward. (Sec. 3'JO.) 
 
 ((/) See sec. 394. 
 
 (e) See note c to sec. 380. 
 
 (/) The object of tliis section is to remove doubts as to the authority 
 of tl»e peace officers named to niiike arrests without warrant for mis- 
 (kmeuHors not committed witlnn their view. Cuution must, howtsver, 
 be exercised in making nrrests under sucli circumstances. A magis- 
 trate's warrant is a great shield. Where an arrest is made witiiout it, 
 if it should turn out that the provisions of tliis section have been 
 ncfrlected, that the wronsj person is arrested, or that proof is so slight 
 that he is of necessity discharged, the officer might be held iinhlo to 
 an action for false imprisonment, which he wo^dd not be if shielded by 
 a majfistrate's warrant. (4 U. C. I.,. ,J. p. 1.59.) 
 
 To authorize an arrest without warrant, under this section, the fol- 
 lowing things must concur: 
 
 1. There must be a complaint to the officer of a breach of the j ea e 
 
 having been committed. 
 
 2. The officer must have reason to believe that a breach of the pea( e 
 
 has been committed. And, 
 
 3. That there is good reason to apprehend that the urrest of the 
 
 person charged is necessary to prevent liis escape, or to pre- 
 vent a renewal of the breach of tiie peace, «tc. 
 
 4. Satisfactory security to prosecute is to be given by the party 
 
 complaining. 
 Every person, as well a» constables, present when afcloin/ is commit- 
 ted, or a dangerous wound given, not only may nppreiiend tlie ofteuder 
 
 - 
 
 , V 
 
THE MUNICIPAL MANUAL. 
 
 331 
 
 39^. Until the organization of a Board of Police, every uritii a 
 Mayor, Recorder and Police Magistrate inav, within his juris- "'X''"^ 
 
 '« Is or- 
 
 diction, suspend from office for any period in his discretion, «j!")'"^''' 
 the Chief Constable, or Constable of the town or city, and may"u8(wn 
 
 may, if he chooses, appoint some other person to the office ^tg^f^^J"" 
 during such period; and in case he considers the suspended from office. 
 Officer deserving of dismissal, he shall, immediately after sus- 
 pending him, report the case to the Council, and the Council 
 niay dismiss such officer, or may direct him to be restored to 
 his office after the period of his suspension has expired; (</) 
 
 but is bound to do so. {Beckwith v. Philbi), 6 B. & C. 634 ; Mathews 
 V. BiMilph, 3 M. & G. 390; 2 Hawk. cap. 12, sec. 1 ; 1 East I*. C. 
 377, sec. 1.) If a private person be present at an affray, he may stay 
 tlie aftVayers until the heat is over, and tlitn deliver thorn over to a 
 constable, and lie may stop others coming to join either party, 
 (Timothy v. Smp»on, 16C. M. & II. 757; Ingle v. Bell, 1 M. &. W. 616; 
 2 Ilnwk. cap. 13, sec. 8; Bai/nes v. Brewster, 2 Q. B. 37*).) So a pri- 
 vate person may arrest after an affray, if there be reasonable ground 
 to apprehend a renewal of it. (Price v. Seely, 10 CI. & Fin. 28.) If a 
 private individual state facts to n constable who thereupon on his 
 own responsibility arrests a person, or if he procure a niaj>istr!»te to 
 issue a warrant for taking a person, the imprisonment is not his act 
 and he may show this under the jilea of not guilty. (Barber v. UoUiii- 
 mu, 1 v.. '&. M. Sr.O; ,%mefion.se v. Elliott, f, t. R. 315; Brandt v. 
 CradJock, 27 L. J. Ex. 314 ; Grinham v. 117%, 4 II. &, N. 41)6.) 
 
 A constable is justified in arresting witiiout a warrant upon a reason- 
 able suspicion of a felon;! haviny- been committed and of the person 
 being guilty of it, although no felony has in fact been committed, and 
 whether the reasonable grounds for suspicion are matters within his 
 own knowledge or facts stated to hin> by another. (Davis v. Jiussell, 
 
 5 Bing. 354 ; Beckwdh v. I'hdlti/, 6 B. tt C. 034 ; I/offg v. ll'a*(/, 3 II. 
 
 6 N. 417.) But a constable is not in general justified, except under 
 the provisions of this section, in arresting a person for a misdemeanor 
 without a warrant. (Matheios v. Biddnljih, 3 M. ife G. 390; Griffin v. 
 dolcfian, 4 II. & N. 265.) Unless there be a breach of the peace in his 
 presence (Timothy \. Simpson, 1 C. M. »fe K. 757; Berecourtv. Corbishley, 
 5 El. & B. 188), or danger of a renewal of it. (Queen r. Light, 27 L J., 
 ?,1. C. 1 ; Queen v. Walker, 23 L. J., M. C. 123.) See note / to sec. 55, as 
 to the difference between a felony and a misdemeanor. 
 
 (ff) The powers of the Mayor, Recorder or Police Magistrate, under 
 this section, are: 
 
 1. To suspend from office for any period in his discretion, the Chief 
 
 Constable or Constable of the town or city. 
 
 2. To appoint, if he chooses, some other person to the office during 
 
 the period of suspension. 
 
 3. To report, if he considers the suspended officer deserving of dis- 
 
 missal, the case to the Council. 
 But has of himself no power to dismiss — that rests with the Council. 
 And these powers are only to be exercised " Until the organization 
 of a Board of Police." 
 
332 
 
 TIIK SlUiS'ICIPAL MANUAL. 
 
 I 
 
 Sttlitry ti) bo 
 witlu'M (lu- 
 rlni? smpcii- 
 siuii. 
 
 noari] (if 
 I'li'ici- : of 
 \vh '111 com* 
 
 Powers afi to 
 witiii'ssi'.*. 
 
 A iniJDiity 
 to cii'iAtitute 
 a iiuoium. 
 
 and the Recorder and City Council respectively shall have the 
 like powers as to the High Bailiff of a city, (/t) 
 
 393- ])uriii<r the suspension of such officer he shall not be 
 capable of actintj in his office except by the written permission 
 of the Mayor, Recorder or I'olice Magistrate, who suspended 
 him, nor during such suspension shall he be entitled to any 
 .salary or remuneration, (i) 
 
 BOARD OF POLICE. 
 
 Ok whom composed. 
 
 394- In every City there is hereby constituted a Board 
 of Commissioners of Police, and such Board shall consist of 
 the Mayor, Recorder, and Police 3Iagistrate, and if there is 
 no Recorder or Police Magistrate, or it" the offices of Recorder 
 and Police Magistrate are filled by the same person, the 
 Council of the City shall appoint a person resident ' ii to 
 be a member of the Board, or two persona so resi'Iei' lo be 
 members thereof, as the case may require j (_/) and such 
 Commissioners shall have power to summon and examine 
 witnesses on oath in all matters connected with the adminis- 
 tration of their duties, (/i) 
 
 Quorum. 
 39*». A majority of the Board shall constitute a quorum, 
 and acts of a majority shall be considered acts of the Board. (I) 
 
 During suspension tlie supcnded officer is incapable of acting in his 
 office except by the written permis.tion of the Mayor, llecorder or 
 Police Magistrate, who suspended him, and is deprived during that 
 period of ail salary or remuneration. (Sec. 39.3.) 
 
 (/*) See note c to sec. 389. 
 
 (i) See note (j to sec. 392. 
 
 (_;■ ) The object of this and the following sections is, as much na 
 possible, to make the police force of a city independent of the City 
 Council. The control of the force is tran.sferred from the Council 
 to a Board of Police, which Board is constituted by this net. It is 
 made to consist of the Mayor, Recorder, and Police Magistrate. It 
 is only when there is no Recorder or Police Magistrate, or when these 
 two offices are held by the some person, that the Council is authorized 
 at all to interfere with the constitution or construction of the Board. 
 The Board may appoint policemen (sec. 397), and lix the number of 
 policemen requisite (sec. 39ti), and has ])ower under tiiis act (sec. 40(i) 
 lo lix the remuneration to be paid to them. Under the old law this 
 was different. (See In re. Prince tnid the Corporation' of the Citij of 
 Toronto, 25 U. C. Q. B. 175.) 
 
 (^•) See note/ to sec. 380, 
 
 (/) The design of the Legislature is, that the Board shall consist 
 of three persons (sec. o94) ; so that it will require at least two to 
 constitute a quorum. 
 
THE MUNICIPAL MANUAL. 
 
 333 
 
 ^• 
 
 Number of 
 Police to be 
 determined 
 by Council. 
 
 The I'llice- 
 mc'U to 111? 
 ap]H>iiiti'(l 
 by tho Boiinl, 
 
 Tht^irtsth 
 ofollire. 
 
 Number of the Police Fouce. 
 30G- The Police Force shall consist of a Chief Con- 
 stable and as many Constables and other Officers and Assist- 
 ants as the Council from time to time deems necessary, but 
 not less in number than the Board reports to be absolutely 
 refjuired. (m) 
 
 Appointment of Policemen. 
 
 397- The members of the Police Force shall be appointed 
 by and hold their offices at the pleasure of the Hoard, (h) 
 and 3hall take and subscribe to the following oath : (o) 
 
 " I, A. B., do swear that I will well and truly serve our 
 Sovereign Lady the Queen, in the office of Police Constable 
 
 for the of , without favour or affection, malice or 
 
 ill-will ; and that I will, to the best of my power, cause the 
 peace to be kept and preserved, and will prevent all offences 
 against the persons and properties of Her Majesty's subjects j 
 and that while I continue to hold the said office I will, to 
 the best of my skill and knowledge, discharge all the duties 
 thereof faithfully according to law, and that I will not con- 
 nect n^yself with, or attend the meetings of any secret society, 
 
 while I am a member of the Police Force for the said 
 
 of . So help me God." 
 
 Police Regulations. 
 
 398- The Board shall, from to time, as they may deem KoHni to 
 expedient, make such regulations for the government of the 
 Force and for preventing neglect or abuse, and for rendering 
 the Force efficient in the discharge of all its duties, (p) 
 
 {m) This section relates to the constitution and number of the force. 
 It is to consist of a chief constable and as many constables and ot/ier 
 officers and assistants as the Council from time to time deems neces- 
 sary ; but in no case to be less in number than the Board reports to 
 be absolutely required. The only authority of the Council is subject 
 to the provisions of the section to fix the number of the force, but 
 not to appoint the members of the force. (See sec. 397.) 
 
 (n) The members of the force are, it will be observed, not only to 
 be appointed by the Board, but to hold otHce during the pleasure of 
 the Board — not theXity Coimcil (see note m above), and are, in other 
 respects, to be subject to the government of the Board. (See sees, 
 308, 399.) Under the former act, the Board had no power to fix their 
 salaries or remuneration, {bire Prince and the Corporation of the Cifi/ 
 of Toronto, 25 U. C. Q. B. 175.) But now, apparently, the law is 
 otherwise, (Sec. 400.) 
 
 (o) See sees. 184 and 366. 
 
 (;>) This section is badly worded. If the word "such" is to be 
 retained, the words " as they may deem expedient" should follow tlie 
 
 niiiki' I'ulii'o 
 reKUlati' iH. 
 
334 
 
 THE MUNICIPAL MANUAL. 
 
 The Police- 
 man to be 
 aulfjeot to 
 the lluard. 
 
 Duties of. 
 
 Remnnern- 
 tlon nnd con- 
 tingent ex- 
 penses. 
 
 POLICK SUnJKCT TO THK Bo.VRP, etc. 
 
 300- The Constables sliall obey all lawful directions and 
 be subject to the government of the Board, and shall be 
 charged with the special duties of prescrvinp; the peace, pre- 
 venting robberies and other felonies and misdemeanors, and 
 apprehending offenders, and shall have generally all the 
 powers and privileges, and be liable to all the duties and 
 responsibilities which belong by law to Constables duly ap- 
 pointed, (j.) 
 
 Remuneration and continoknt Expenses. 
 
 400- The Council shall appropriate and pay such remun- 
 eration for and to the respective members of the force as shall 
 be required by the Board of Commissioners of Police, and 
 shall provide and pay for all such offices, watch-houses, watch- 
 boxes, arms, accoutrements, clothing and other necessaries as 
 the board may from time to time deem requisite and require 
 for the payment, accommodation, and use of the Force. (/•) 
 
 word " regulations." Then the section would read, — " The Board 
 shall from time to tinoe make such regulations as they may deem ex- 
 pedient, for the government," &c. No such regulations are to be 
 inconsistent with this statute or the law of the land. (See note n to 
 sec. I'Jl.) 
 
 (y) The duties of the constable are, as here defined : 
 
 1. To obey all lawful directions, and be subject to the government 
 
 of the Board. 
 
 2. The preservation of the peace, preventing robberies and other 
 
 felonies and niisdenieanora, and apprehending offenders, and 
 generally to have all the powers and privileges and be liable 
 to all the duties and responsibilities which belong by law to 
 constables duly appointed. (See sec. 391, and notes thereto.) 
 
 (r) The duties mentioned in this section arc imposed upon the City 
 Council, and not upon the Board. 
 These duties are : 
 
 1 . To appropriate the remuneration required by the Board for the 
 
 members of the force. 
 
 2. To pay the same. 
 
 3. To provide for all such offices, Ac, as the Board may from time 
 
 to time deem requisite. 
 
 4. To pay for the same. 
 
 If the Coancil wholly neglect and refuse to appropriate or puy the 
 remuneration for and to the respective members of the force, required 
 by the Board of Commissioners of Police, there would be a rcmed_y. 
 (See 7m re Board of School Trustees of ike City of Toronto and the 
 Corporation r.f tlie City of Toronto, 23 U. C. Q. B. 203.) Formerly 
 the Board of Commissioners had not power to fix the remuneration, 
 and when the law was so the court refused to interfere to compel 
 
THE MUNICIPAL MANUAL. 
 
 335 
 
 COURT HOUSES AND PRISONS. 
 
 Gaols and Court Houses. 
 
 Coiinty 
 
 401- Every County Council may pass By-laws for erect- council m%j 
 ing, improving, and repairing a Court House, Gaol, House of ftJ^buUdi^i 
 Correction, and House of Industry, upon Kind .being the 
 property of the Municipality, and shall preserve and keep the 
 sunje in repair, and provide the food, fuel, and other supplies 
 required for the same, (a) 
 
 the Council to pay the remuneration fixed by the Board. (See 7n re 
 l\inee and the Corporation of the City of Toronto, 25 U. C. Q. B. 175.) 
 
 («) Tlie powers and the duties of the County Council under this 
 section are: 
 
 1, To erect and improve a Court House, Gaol, House of Correction, 
 
 and House of Industry, upon land being the property of the 
 Municipality. 
 
 2. To preserve ana keep the same in repair. 
 
 8. To provide tho food, fuel, and other supplies required for the 
 eatne. 
 
 Tlie Court House, from its very name as well as from the provisions 
 of law requiring the erection oi a Gaol and Court House in every 
 county or union of counties, before they are constituted separate 
 municipal authorities, is a building devoted to and intended for cer- 
 tain public uses. The Municipal Corporation may b^ considered as 
 holding the building and the legal estate in it, for and subject to these 
 uses, and would be guilty of a breach of trust and, as regards the 
 courts of justice, of a high contempt, if they attempted to prevent its 
 use for such purposes. (Per Draper, C. J., Jn Municipal Council of 
 Huron and Bruce v. Macdonald et al., 7 U. C. C. P. 278.) Gaols have 
 always been considered of such universal concern to the public, that 
 until powers were conferred upon Municipal Corporations to erect 
 them, none could be erected except by authority of Parliament. 
 [Tfie King v. The Justices of Newcastle, Dra. Rep. 214.) But now, 
 where a Municipal Corporation, having power, authorizes the building 
 of a Gaol and Court House, the builder may, on the completion of the 
 work, sue the Corporation for his money (Keating v. ?%« Council 
 of the District of Simcoe, 1 U. C. Q. B 28), even though there be no 
 contract under seal. (Pirn v. The Municipal Council of Ontario, 
 9 U. C. C. P. 302. ) The Corporation, however, is not liable to be 
 sued for the use and occupation of a room engaged by the Sheriff for 
 the purposes of a court room, (Dark v. 7%e Municipal Council of 
 Hnrwi and Bruce, 7 U. C. C. P. 878), nor for furniture supplied to 
 the Court House on the order of magistrates in Quarter Sessions. 
 (/« re Cootnbft and the Municipal Council of the County of Middlesex, 
 15 U. C. Q. B. 867.) The fact that the Court House is also used as a 
 Shire Hall for the sittings of the County Council, and the furniture 
 mode use of by them, can make no difference. {lb.) Formerly, the 
 responsibility of keeping the Court House in repair was thrown on 
 the District Surveyor, and when the law wos so, it was held that the 
 
336 
 
 THE MUNICIPAL MANUAL. 
 
 Gaols and 
 
 Cuurtlloiiges 
 to be com- 
 mon to 
 CnuntieBAnd 
 Cities, Ac, 
 not 
 (■fparated. 
 
 Compensa- 
 tion by City 
 (■r Town, 
 lie iw to J)o ru- 
 );iilHtcd and 
 made. 
 
 403. Tlie Gaol, Court House and House of Correction of 
 the County iu which a Town or City, not separated for nil 
 purposes from a County, (/) is situate, shall also be the flaol. 
 Court House and House of Correction of the Town or VMy; 
 and shall in the case of such a City continue to bo so until tlic 
 Council of the City otherwise directs ;(«) and the Sheriff, 
 Gaoler and Keeper of the Gaol and House of Correction shall 
 receive and safely keep until duly discharged, all persons com- 
 mitted tlvcreto by any competent authority of the Town or 
 City, (r) 
 
 403. While a City or Town uses the Court House, G:!"! 
 or House of Correction of the County, the City or Town sh;ill 
 pay to the County such compensation therefor, and for the 
 care and maintenance of prisoners, as may bo mutually agreed 
 upon or be .settled by arbitration under this Act. (ti) 
 
 Miiinc'ii)al Corporation was not liable in dnnages for v.n injury r-^ 
 suiting iu (loatli, occasioned to an individual .'n walking up tiie Coiirt 
 llouso steps, whicli had been allowed to fall into an unsafe conilition. 
 {Ilniokexluiii' v. The JJlslrict Council of the District of- Dulhons'--, 
 7 U. C. Q. B. 590.) Tiio Court lias refused n rule for n niandataiis 
 to compel a Count}' Coucil to build a Court House. {Juxllrm of the 
 Dktrict of Huron v. The Huron District Council, S U. C. Q. M. r>74.) 
 
 {t) Where a city or town is separated for all purposes from the county 
 in wliich situate, this section would be inapplicable. 
 
 {?/) It is declared, first, that the gaol, Ac, of the county in whioli a 
 town or city is situate, shall also be the gaol, «tc., of the town or city; 
 and, secondly, in the case of a city, continue to be .so until the Council 
 of the citj' other'- ise directs. It is apparently only the Council of .i 
 city, and not of a town, that has power to direct the erection of a 
 separate gaol, &c. 
 
 {>>) For instance. Police Magistrate of Justice of the Peace of sr.ch 
 town or city. 
 
 (a) Arbitrators were appointed by articles of agreement, dated 2Sth 
 December, 1855, to settle certain differences recited as pending between 
 the city of London and the county of Middlesex, respecting the com- 
 pensation to be paid by the city to the county for the use of the county 
 Court-house and gaol, and concerning certain iinancial matters then 
 depending between the reispective municipalities. On the same day 
 they awarded, first, that the stock held by the county in a certain 
 railway should be divided in the proportion of one-fifth to be trans- 
 ferred to the city, the remaining four-fifths still to belong to the county ; 
 secondly, that the city should pay the county £2,675 on account of the 
 county roads, and should keep such roads in repair within the city 
 limits; thirdly, that the city should pay the county £1,966 in full of 
 its portion of the county debt; fourthly, that in future each of the 
 municipalities should pay the expenseof all prisoners committed to 
 the county gaol by each of them respectively, and that the portion of 
 such expense incurred by the city should be paid over by them in 
 
THE MUNICIPAL MANUAL. 
 
 m 
 
 i ^ 
 
 404- In case, after tho lapso of five years from such cotu- when the 
 pensation having been agreed upon or awarded, or having been t" wJHeS!*'' 
 settled by Act of Parliament, and whether before or after the 
 passing of this Act, it appears reasonable to the Qovernor-in- 
 Council, upon the application of either party, that the amount 
 of the compensation should be reconsidered, he may, by an 
 order in Council, direct that the then existing arrangement 
 shall cease after a time named in the order, and afler such 
 time the Councils shall settle anew, by agreement or by arbi- 
 tration under this Act, the amount to be paid from the time 
 so named in the order. (&) 
 
 40tS. The Council of every City may erect, preserve, im- CiijCoumiu 
 prove and provide for the proper keeping of a Court House, ofurt Houfe, 
 Gaol, IIoupo of Correction Kud House of Industry upon lands p"q|;,"^|"q 
 beinr; the property of the Munl^' ality, and may pass By-laws andiion^o 
 for all or any of such purposes, (c) of ludustry. 
 
 Jammry of each year ; fifthly, that in future the citj' should pay to tlic 
 county one-third of all incidental expenses connected with tlie Court- 
 house and gaol, including repairs and insnrnnce, together with one- 
 third of all expenses connected with tho administration of justice not 
 paid by Government, — each payment to be made in the month of 
 January in each year ; sixthly, that the city shonld pay to the county 
 the sums mentioned in the first, second and third clauses of the award, 
 with interest, in twelve, months from the Ist of January, 1856, except 
 that tlie City Council should pay its share of the railway stock at the 
 time tho county debentures given therefor should become payable ; 
 seventhly, that the award should take effect on the let January, lb65, 
 and remain in force till the 1st January, 1860. Held, tliat the giving 
 to the award a retrospective effect — Ist January, 1865, being the time 
 when London was declared a city — was not objectionable, but proper ; 
 that the arbitrators had authority to give time for payment, as in the 
 sixth clause; that the limiting the continuance of the award till 1st 
 January, 18C0, was inconsistent with the 12 Vir. cap. 81, sec. 200 (so 
 far as material the same as sec. 404 of this act), and rendered the 
 award bad as to the fourth and fifth clauses, respecting the Court- 
 house and gaol ; that the fourth clause of the award was also bad, 
 because it authorized a ratable division of the expenses, instead of 
 awarding the payment of an annual sum (aed qti. under this act) ; that 
 the fourtli and fifth clauses might be separated firom the rest, and the 
 award be set aside as to them only. (In re th» matter of the Arbitra- 
 tion between the County of Middleatx and the Citu of London, 14 U. 0. 
 Q. B. 334.) 
 
 (b) In other words, after the lapse of five years, the aniount of com- 
 pensation may, if the Governor-in-Cooncil see fit, be reconsidered. If 
 the Qoveraor-in-Council so decide, then the existing arrangement is 
 made to cease after a time named in the order-in-councU, in which 
 event the Councils must settle anew, either by agreement or arbitration. 
 
 (c) This is implied in sec. 402, but, to prevent doubt, is expressly 
 enac*'>d. (See note « to sec. 401.) 
 
 22 
 
338 
 
 THE MUNICIPAL MANUAL. 
 
 Wbo liable 
 to coDflne- 
 meat in, ic. 
 
 Vponupara- 400. In oaso of a Boparation of a Union of Counfies, alf 
 ar?a'(^ttrt ^^^^^ ^°^ regulations, and all matters and things in any Aot of 
 iiDJM regu- Parliament for the regulation of or relating to Court Houses 
 couMnue. or Qaols in force at the time of the separation, shall extend to 
 the Court House aad Gaol of the junior County, (if) 
 
 Lock-up HorsES. 
 
 i.<>ckup 407' The Council of every County may establish and 
 
 bi"eMabhlK maintain a Lock up House or Lock-up Houses within the 
 
 eii by County County, and may establish and provide for the salary or foes 
 
 to be paid to the Constable to be placed in charge of every 
 
 such Lock-up House, and may direct the payment of the 
 
 salary out of the funds of t) e County, (e) 
 
 A conitabie 408- Every Look-up House shall bo placed in the charge 
 to be placed of E Constable, specially appointed for that purpose by the 
 urge . jyjjjgjg^jjjtgg (jf j^jQ County, at a General Quarter Sessions of 
 the Peace therefor. (/) 
 
 409. Any Justice of the Peace of the County (//) may 
 direct, by warrant in writing under his hand and seal, the 
 confinement in a Lock-up House within his County, fur u 
 period not exceeding two days, of any person charged on outb 
 with a criminal offence, whom it may be necessary to detain 
 until examined and either dismissed or fully committed lor 
 trial to the Common Gaol, and until such person can be con- 
 veyed to such Gaol ; also the confinement in such Lcck-up 
 House, not exeeeding twenty fo«r hours, of any person found 
 in a public street or highway in a state of intoxtcatiori, or any 
 person convicted of desecrating the Sabbath, and general' 
 may commit to a Lock-up House instead of the Common 
 
 (d) See sec 61. 
 
 (e) A " lock-up house " is a place for the temporary confinement of » 
 prisoner, or of a prisoner committed for a short space of time. (Sec. 409.) 
 The gaol is for the whole coaaty, but in each connty or anion of coun- 
 ties there can be only one gaol, and that situate in the county town. 
 But there may be several lock-up houses, and sitnate where most con- 
 venient. Councils of countiei only are by this section autliorized to 
 establish lock-up houses; but see sec 412. 
 
 (f) While the county taol is to be placed in charge of the gaoler, 
 each lock-up house is to be placed in charge of a constable specially 
 appointed for that purpose by Quarter Sessions. 
 
 (g) Qiicsre, or town f It is apprehended that after " county " the 
 word " town " should have been inserted. As the clause stands, it 
 may be a question whether a Justice of a town, not being at the same 
 time a Justice of the connty, has authority to commit to lock-up 
 houses, pursuant to this section. (See sees. Wl, 368, 412.) 
 
 
fh 
 
 THE MUNICIPAL MANUAL. 
 
 339 
 
 or other house of correction, any person oonviotod on view of 
 the Justice, or oumraarily convicted before any Justice ob 
 Justices of the Peace of :iny offence cognisable by him or 
 them, and liable to imprisoninsnt therefor under any statute 
 or nmnioipal by-law. (A) 
 
 410- The expense of conveying any prisoner to, and of Skimbw 
 keeping him in a Look-up House, shall be defrayed in the udma^-"^ 
 saiuo manner as the expense of conveying him to and keeping tAiniagpri- 
 him in the Common Gaol of the County, (i) •<>■«•• 
 
 411* Nothing herein contained shall affect any Look-up preTtous 
 House heretofore lawfully established, but the same shall ^„g^'*^, 
 continue to be a Lockup House as if established under this oonUnuo. 
 Acta) „ ..■; ^ , ,, ^ , J . 
 
 419. The Council of every City, Township, Town and i<ock-«p 
 incorporated Village may, by By-laws, establish, maintain and JllJSSS*'" 
 regulate Lock-up Houses for the detention and imprisonment ]J°4",*^** j" 
 of persons sentenced to imprisonment for not more than ten MBment"^ 
 days under any By-law of the Council ; and of persons detained 
 fur examination on a charge of having committed any offence; 
 and of persons detained for transmission to any Common Qaol 
 or House of Correction, either for trial or in the execution of 
 any suiitonce ; and such Councils shall havu aii the powers and 
 authdritics conferred on County Councils in relation to Lock-up 
 Houses; two or more local Municipalities may unite to estab- 
 lish and maintain a Lock-up House. (/>;) 
 
 (/() The following classes of offenders may be committed to lock-up 
 bouses : 
 
 1. Any person charged on oath with a criminal oflvnce, whom it 
 
 may be necessary to detain until examined, Ae. 
 
 2. Any person found in a public street or highway la a state of 
 
 intoxication. 
 
 3. Any person convicted of desecrating the Sabbath. 
 
 4. Any person convicted on view, or summarily convicted, of any 
 
 o^nce under any statute or municipal by-law. 
 The duration of imprisonment, it will be observed, varies in regard 
 to the description of tne offender or nature oi his offence. 
 
 (t) See note a to sec. 379. 
 
 {j) Let it be observed that this section preserves only lock-up houses 
 iaicfuUy established. 
 
 ik) The persoBS who may, under the operation of this section, be 
 confined in lock-up houses are the following: 
 
 I. Those tenteneed to imprisonment for not more than ten days, nnde*^ 
 any by-law of the Council. 
 
340 
 
 THE MUNICIPAL MANUAL. 
 
 County 
 OounciU 
 may erect 
 and appoint 
 Innpectors of 
 Houses of 
 Industrj- 
 
 I'roTiBO as to 
 United or 
 contii;uous 
 Counties 
 until separa- 
 ted, Sic. 
 
 Wlio liable 
 to be commit- 
 ted thereto. 
 
 Indigent. 
 
 Houses of Industry and IIekugk. 
 • 413- The CoUDoil of every County, City or Town sepanUod 
 from a County may acquire an estate in landed property fur an 
 Industrial Farm, and shall, within two years after the passing.' 
 of this Act, establish a House of Industry and a Hou-sc of 
 Refuge, and provide by By-law for the erection and repair 
 thereof, and for the appointment, payment and duties of Inspec- 
 tors, Keepers, Matrons and other servants for the superinten- 
 dence, care and management of such Houses of Industry or 
 Eefnge, and in like manner make rules and regulations (not 
 repugnant to law) for the government of the same ; (I) Pro- 
 vided always, that any two or more United Counties, or any 
 two or more contiguous Counties, having each a population of 
 not more than twenty thousand inhabitants, may agree to have 
 only one House of Industry for such United or contiguous 
 Counties ; but whenever such United Counties become separate 
 Municipalities, or the population in any separate County shall 
 exceed twenty thousand inhabitants, then, and in each of such 
 cases, such County shall establish a House of Industry and 
 Refuge within its own limits, and maintain and keep up the 
 same in the manner herein provid ;d. (m) 
 
 Jrl'l:. Any two of Her Majesty's Justices of the Peace, or 
 of the Inspectors appointed as aforesaid, may, by writing undc. 
 their hands and seals, commit to the House of Industry, or of 
 Refuge, to be employed and governed according to the rules, 
 regulations and orders Of the f - ase : 
 
 1. All poor and indigent persons who arc incapable of sup- 
 porting themselves 5 («) 
 
 2. Those detained for examination on a charge of having committed 
 
 any offence. 
 
 3. Those detained for transmibsion to the common gaol or house of 
 
 correction. 
 {!) The powers under this clause are, 
 
 1. To establish a House of Industry and House of Refuge. 
 
 2. Tc provide by by-law for the erection and repair thereof. 
 
 3. To provide by by-law fop the appointment and duties of inspec- 
 
 tors, keepers, matrons and other servants. 
 
 4. To make by by-law rules and regulations for the {government of 
 
 the same. 
 
 Hitherto the powers were only permissive (Con. Stat U. C. cap, 64, 
 sees. 416-419); but now compulsory, and to be exercised within two 
 years from the passing of the act (15th August, 1866). 
 
 As the names indicate, houses of industry and refuge are intended 
 for the poor, the destitute, and the idle. ^See sec. 414.) 
 
 (m) The latter part of this section is new. 
 
 (n) That is, poor oy impotency and defect, as the aged or docrepid. 
 
THE MUNICIPAL MANUAL. 
 
 341 
 
 PuDlihmeBt 
 of refractory 
 inmates. 
 
 Inspectors to 
 keep and 
 render 
 accounts of 
 expenses. Ac. 
 
 2. All persons without means of maintaining themselves, idle, 
 and able of body to work, and who refuse or neglect so to do; (o) 
 
 3. All persons leading a lewd, dissolute, or vagrant life, and ^''*- 
 exercising no ordinary calling or lawful business, sufficient to 
 gain or procure ah honest living; (/>) 
 
 4. And all such as spend their time and property in public Frequenters 
 houses, to the neglect of any lawful calling; (jq) hooMs. 
 
 5. And idiots, (r) .,. .... idiots. 
 
 41«S. Every person committed to the House of Industry 
 or of Refuge, if fit and able, shall be kept diligently employed 
 at labour during hia continuance there; and in case any such 
 person is idle, and does not perform such reasonable task or 
 labour as may be assigned, or is stubborn, disobedient or dis- 
 orderly, such person shall be punished according to the rules 
 and regulations of the House of Industry or of Refuge in that 
 behalf.(s) 
 
 4:lO. I'he Inspector shall keep an account of the charges 
 of erecting, keeping, upholding and maintaining the House of 
 Industry or Refuge, and of all materials found and furnished 
 therefor, together with the names of the persons received into 
 the House, as well as of those discharged therefrom, and also 
 of the earnings; (t) and such account shall be rendered to the 
 
 ffttherlf^ss anil motherless, ; oor under sickness, and persons lame, 
 blind, <fec. 
 
 (()) Tliat ia, the poor, whc , thongh not so by impotency and defect, 
 "refu.se or neglect to work." 
 
 ( p) That is, poor by prodigality and debauchery, also called thrift- 
 less poor; persons who lead " a lewd, dissolute or vagrant life," Ac. 
 
 (q) That is, persons who, tliough not necessarily poor, are much the 
 same ns persons described in the last note, viz., persons " who spend 
 their time and property in public houses, to the lugleet of any lawful 
 cnlling." 
 
 ()■) An idiot or natural fool is one without understanding from his 
 nativity, and therefore is by the law presumed never likely to aUaia 
 understanding. He differs from a lunatic in this, that a lunatic has 
 lucid intervals of reason. (4 Co. 125 ; Co. Litt. 247.) 
 
 (.i) It is apprehended that this section is inapplicable to idiots. (See 
 last note.} 
 
 {t) Tlie duties of Inspectors are, under this section, to keep an 
 account showing the following: 
 
 1. The charges for erecting, keeping, upholding and maintaining the 
 
 House of Industry and Refuge, and of all materials found and 
 furnished therefor. 
 
 2. The names of tl'.e persons received into the house, as well as those 
 
 discharged therefrom, and also of the earnings. 
 
 
342 
 
 THE MUNICIPAL MAKUAL. 
 
 Work housM 
 in eitiM and 
 towni^ and 
 houses of 
 correction. 
 
 .Who liable to 
 be commit- 
 t«d thereto. 
 
 Custody of 
 
 Qaolsand 
 
 Court-housM 
 
 County Coanoil every year, or oftener when required by a by- 
 law of the Conncil, and a copy thereof shall be presented to 
 each branch of the Legislature, (u) 
 
 Work Houses. 
 417- The Council of every City and Town (v) may res- 
 pectively paas By-laws : 
 
 1. For erecting and establishing within the City or Town, 
 or on such Industrial Farm, or on any ground held by the 
 Corporation for public exhibitions, a Work House or House of 
 Correction, and for regulating the government thereof; (iv) 
 
 2. For committing and sending, with or without hard labour, 
 to the Work House or House of Correction, or to the Indus- 
 trial Farm, by the Mayor, Recorder, Police Magistrate or two 
 Justices of the Peace for the City or Town respectively, such 
 description of p.^r8on8 as may by the Council be deemed, and 
 by by-law be declared expedient ; and such farm or ground 
 held as aforesaid, shall, for the purposes in this sub-a«ction 
 mentioned, be deemed to be within the City or Town and the 
 jurisdiction thereof, (x) 
 
 Tu« Care of Gaols and Covet Houses, &(: 
 
 418. The Sheriff shall have the care of the County Gaol, 
 Gaol Offices and Yard, and Gaoler's Apartments, and the 
 appointment of the Keepers thereof, (a) 
 
 (u) It is not said when the copy ia to be presented to tlie Legislature. 
 
 (w) The power given to Councils of counties, cities and towns, is, to 
 establish, Ac., " houses of industry or refuge ; " (sec. 4 1 3) and to cities 
 and towns, by the section here annotated, " work houses or houses of 
 correction." 
 
 (7o) The powers are : 
 
 1. To erect and establish a Work House, Ac. 
 
 2. To regnlate the government thereof 
 
 (x) Work houses or houses of correction are intended to be places 
 of punishment, for the commitment thereto may be " witli or without 
 hard labour." The description of persons liable to be so committed, 
 is left to the determination of the Council by by-law. 
 
 (a) Some disputes having hitherto existed -between Sheriffs and 
 Municipal Councils, arising out of a real or supposed conflict of juris- 
 diction as to court houses and gaols (see Municipal Council of Huron 
 and Bruce v. Maedonaid, 7 U. C. C. P. 280), the obiect of this and tlio 
 three following sections is, so far as language can do so, to remove nil 
 cause of dispnto. Though it is by sec. 4U1 enacted that the County 
 Council may pass by-laws for erecting, improving, and repairing the 
 gaol, Ac, ana shall preserve and keep it in repair, and provide the 
 fuel, food, and other supplies required, it is here enacted that tlic 
 Shcritf shall have the care of the gaol, gaol offices and yard, and 
 
THE MUNICIPAL MANUAL. 
 
 343 
 
 4 ' % 
 
 419. The County Council shall have the care of the Court county 
 House, and of all offices and rooms connected therewith, Oou^di to 
 whether the same forms a separate building or is connected keeiiers, te. 
 with the Gaol, and shall have the appointment of the Keepers 
 thereof; and shall from time to time provide all necessary 
 and proper accommodation for the Courts of Justice other 
 than the Division Courts, and for all officers connected with 
 such Courts. (6) 
 
 430- In any City not being a separate County for all city Oaou to 
 purposes, but having a Gaol or Court House separate from {J^ by-kw!'* 
 the County Gaol or Court House, the care of such City Gaol 
 or Court House shall be regulated by the By-laws of the City 
 Council, (c) 
 
 Falsk Declabations. 
 
 491. The wilful and corrupt making of any false state- wiif»ifaife 
 ment in any declaration required or authorized by this Act, ^|^™*^""* 
 shall be a misdemeanor punishable as Wilful and corrupt per- perjury 
 
 Intebfretation Clause. 
 4S3. Unless otherwise declared or indicated by the con- interpreta- 
 text, whenever any of the following words occur in this Ad,, «<»»ofword« 
 the meanings hereinafter expressed attach to the same, 
 namely : (e) 
 
 gftoler's apartments, and the appointment of the keepers. While upon 
 the Council rests the respo:; nihility of keeping the building, «fec., in 
 repair, and of providing thr iiecessaries, upon the Sheriff rests the 
 responsibility of management and internal government. 
 
 (6) While the care of the gaol is entrusted to the Sheriff, the carei 
 of the Court House is entrusted to the County Council. It is, how- 
 ever, expressly declared that the Council " sluill from time to time 
 provide all necespary and proper accommodation for the Courts of 
 Justice (other than Division Courts) and fgr all officers connected with 
 sitch Courts." 
 
 (c) Every city is a county of itself for municipal purposes, and for 
 nwh judicial purposes as are in this act specially provided in the case 
 of cities, and no other. (Sec. 866.) 
 
 (d) It is provided *.hat the word "oath" shall be construed as 
 meaning a solemn afiirmation, whenever the context is applied to any 
 person and case by whom and in which a solemn affirmation may be 
 made instead of an oath, cbc. (Con. Stat. Can. cap. 6, sec. 6, sub-sec. 13) ; 
 and that the wilful making of any false statement in any such oath or 
 affirmation shall be wilful and corrupt perjury, and that the wilful 
 making of any false statement in any declaration required or authorized 
 by law shall be a misdemeanor, punishable as wilful and corrupt per- 
 jury, ijb.) 
 
 (e) No better mode of avoiding useless repetition in stati; as exists 
 than the recent one of appending to statutes of unusual length " an 
 
 
3U 
 
 Mualcipality 
 
 Council. 
 
 County. 
 
 Township. 
 
 Land, real 
 
 estate. 
 
 IIii;hvay, 
 
 road. td. 
 
 Electors. 
 
 Ret've. 
 
 Next (lay. 
 
 Exception 
 from repeal. 
 
 THE MDNICIPAL MANUAL. 
 
 1 The word "Municipality" means any locality the in- 
 habitants of which are incorporated under this Act, but it 
 does not mean a Police Village; 
 
 2. The word "Conncil" means the Municipal Council or 
 Provisional Municipal Council, as the case may be ; 
 
 3. The word " County " means County, Union of Coun- 
 ties, or United Counties, or Provisional County, as the case 
 may be ; 
 
 4 The word " Township " means Township, Union of 
 Townships or United Townships, as the case may be ; 
 
 5. The words "Land," "Lands," " Real Estate," "Heal 
 Property," respectively, include Lands, Tenements, and 
 Hereditaments, and all rights thereto and interests therein ; 
 
 6 The words " Highway," " Road," or " Bridge," mean 
 respectively a Public Highway, Road, or Bridge ; 
 
 7. The word " Electors " means the persons entitled for 
 the time being to vote at Municipal Elections in the Munici- 
 pality, Ward, or Electoral Division or Police Village, as the 
 case may be ; 
 
 8. The term " Reeve " includes the Deputy Reeve or 
 Deputy Reeves when there is a Deputy Reeve for the Muni- 
 cipality, except in so far as respects the office of a Justice of 
 the Peace ; 
 
 9. The words " next day " are not to apply to or include 
 Sunday or Statutory Holidays. 
 
 CONFIRMING AND SAVING CLAUSES. 
 
 49S- So much of the Schedules in either of the Muni- 
 cipal (Corporations Acts of 1849 and 1850, as define the limits 
 or boundaries of any Cities or Towns, being Schedule B of 
 the Act of 1849, numbers two, three, four, six, seven, eight, 
 nine, ten, and eleven; and Schedule C of the suaie Act 
 
 interpretation clause." So useful hbs it been found, thnt, ns applied 
 to statutes generally, an act passed in 1837, intituled " An Act to 
 supply by a general law certain forms of enactment in common use, 
 which may render it unnecessary to repeat the same in act.s to be 
 hereafter issued" (7 Wm. IV, cap. 14; Con. Stat. U. C. cap. 2), and 
 in 1849 an act intituled " An Act for putting a legislative interpreta- 
 tion upon certain terras in Acts of Parliament, and for rendering it 
 unnecessary to repeat certain provisions and expressions therein, and 
 for ascertaining the date and commencement thereof, and for other 
 purposes." (12 Vic. cap. 10; Con. Stat. Can. cap. 6.) The section 
 here annotated must, it is apprehended, be read in connection with 
 the Interpretutioa Acts. 
 
 », 
 
THE MUNICIPAL MANUAL. 
 
 345 
 
 numbers one, two, and three ; and Schedule B of the Act of 
 1850 numbers one, Ave, twelve, thirteen, fourteen, and fifteen. 
 And also so much of Schdule D of the said Acts of 1849 
 and 1850 as relates to Amherstburg ; and also so much of 
 the two hundred and third section of the said Act of 1849, 
 and so much of any other sections of either of the said Acts f"^*pt®jo„ 
 relating to any of the Schedules thereof as have been acted 
 upon or as are in force and remain to be acted upon at the 
 time this Act takes effect ; and all Proclamations and Special 
 Statutes by or under which Cities and other Municipalities 
 have been erected, so far as respects the continuing the same 
 and the boundaries thereof, shall continue in force. (/) i 
 
 424:. All proceedings on behalf of or against any exist- Pending 
 ing Municipal Corporation or Police Trustees, pending when proceedings 
 this Act takes eflFect, shall be continued under this Act, in 
 the name in which the same are then pending. (^) 
 
 43«S. All things lawfully done under former enactments Past transac- 
 are confirmed, except any matter which has been or within fl°^ed"°' 
 or within one year after the passing of this Act, may be made 
 the subject of proceedings at law or in equity. (A) 
 
 43G. All Offences, Neglects, Fines, Penalties, Moneys? Previous 
 Debts, and other matters and things which immediately before ^n"meg,Ac. 
 this Act goes into effect might have been prosecuted, pun- ""^x^P'^j 
 ished, enfdrced, or recovered under any former Municipal enforced. 
 Act, may be prosecuted, punished, enforced, or recovered 
 under this Act, in the same manner, within the same time, 
 and in the same name and by the same process and proceed- 
 ings as if the same respectively had been committed or in- 
 
 (/ ) Tliia section is new. Its meaning is obviona, and its existence 
 osaentiul to the preservation of the territorial and municipal organiza- 
 tion of many local municipalities. 
 
 (ff) The act took effect on lat January, 1867, except so much as 
 relates to the nominating of candidates for municipal offices and the 
 framing of by-laws for dividing municipalities, or any ward thereof, 
 in electoral divisions, and appointing retlhrning offices thereto, which 
 took effect on 1st November, 1866, and excqat so much as relates to the 
 qualitication of electors and candidates, which will not take effect till 
 1st September, 186Y. 
 
 (A) This is very important, and intended in a reasonable manner 
 to prevent litigation. This act passed on 16th August, 1866. To 
 question the validity or legality of any thing done under enactments 
 by tills act repealed, proceedings must be commenced either at law 
 or ill equity within one year after IStli August, 1866. If not so 
 questioned, all tilings lawfully done are confirmed. 
 
846 
 
 THE MUNICIPAL MANUAL. 
 
 |! 
 
 Commence- 
 moDt of this 
 Act, nnd uf 
 certain provi- 
 MoDB thereof. 
 
 As amended 
 by cap. b'Z. 
 
 Ineonsiatent 
 
 enactments 
 
 repealed. 
 
 Act limited 
 to U. C. 
 
 curred or had accrued or become due or payable immediately 
 after the taking effect of this Act. (t) 
 
 4L27, This Act shall take effect on the first day of January 
 next (Anno Domini one thousand eight hundred and sixty- 
 seven), save and except so much thereof as roiates to the 
 nominating of candidates for Municipal offices, (^J) and the 
 passing of By-laws for dividing a Municipality or any ward 
 thereof into Electoral Divisions, and appointing Returning 
 Officers therefor, (/c) which shall come into effect on the first 
 day of November next, (I) and also so much thereof as relates 
 to the qualification of electors and candidates, shall not take 
 (ffcct till the first day of September, one thousand eight hun- 
 c red and sixty-seven, (m) 
 
 4:188. All Acts or parts of Aot? incortsistent with the pro- 
 visions of this Act, relating to the Municipal institutions of 
 Upper Canada, are hereby repealed, (n) 
 
 439. This Act shall apply to Upper Canada only, (n) 
 
 (i) The object of this soctioa is to provide against a faihire of justice, 
 by reason of offences, Ac, committed under the old acts, not being 
 prosecuted before they cease to operate, viz., on the Ist Jonuary, 18(57. 
 The remedy is to allow all such prosecutions to proceed as if the 
 offences, &c., were committed after 1st January, 1867. 
 
 (j) See sees. 100, 101. 
 
 (*) See sec. 278. 
 
 {I) 1st November, 1866. 
 
 (m) See sees. 70 to 78, all of which may be held to be more or less 
 affected by this section. 
 
 (7t) On every act professing to repeal or interfere with the provisions 
 of a former act, it is a question of construction whether it operates as 
 a total or partial or temporary repeal. The word " reyealed " is not 
 to be taken in an absolute, if it appears upon the whole act to be used 
 in a limited sense. It is presumed that so much of the old act. Con. 
 Stnt. U. C. cap. 64, as relates to matters mentioned in the preceding 
 section will continue in force till the corresponding sections of tliis 
 act talfo effect. (See Dwarris on Statutes, 534.) 
 
 By the repeal of a repealing bcatute (the new law containing nothing 
 in it that manifests the Intention of the Legislature that tlie former 
 acts shall continue repealed) the original acts are revived ; but if an 
 act is repealed by several acts, a repeal of one act or two, and not of 
 all, does not revive the first act. If a repealing act nnd part of the 
 original act is repealed by a subsequent act, the residue of the original 
 act is revived. If an act of Parliament is revived, all acts explanatory 
 of that act are also revived. It is, however, usual, but not always 
 necessary, when no revival is intended, expressly to provide against 
 tlie revival. (Harrison's C. L. P. Acts, p. 6.S3.) 
 
 (o) It is intitled, " An Act respecting the Municipal Institutions of 
 Upper Canada." 
 
,.. CAP. LII. 
 
 AN ACT TO AMEND THE ACT OF THE PRESENT SESSION, 
 INTITULED, "AN ACT RESPECTING THE MUNICIPAL 
 INSTITUTIONS OF UPPER CANADA." (a) 
 
 [Assented to ISth August, 1866.] 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : Preamble. 
 
 1. The following Proviso is added to the forty-eighth section 
 
 of the Act passed in the present Session of the Parliament of edto'seai's! 
 this Province, intituled, An Act respecting the Municipal 
 Institutions of Upper Canada : 
 
 "Provided also, that the provision in this secti(»n contained ^he proviso. 
 shall not apply to any County where proceedings have been 
 commenced or taken, previous to the passing of this Act, for 
 separating such County." (/!/) 
 
 2. The sub-sections of section sixty-sis of the said Act Certain 
 numbered three, four and five, and the sections numbered p^*j!t^'"f *w^ 
 respectively si.xty-scven, seventy-three (except the proviso), Uons repeii- 
 seventy-five, eighty-seven, one hundred and seventeen, one subJtUuUd? 
 hundred and twenty, one hundred and fifty, the first paragraph 
 
 of three hundred and seventy-one, and section four hundred 
 and twenty-seven, of the f^ald Act, are hereby repealed, and 
 the following sections atrd sub-sections shall be and are hereby 
 substituted in lieu of the said sections and sub-sections hereby 
 repealed, and shall be taken und read as the said sections and 
 sub-sections of the said Act. (c) 
 
 (a) The Editor has, in the text as well as his annotations to the 
 preceding act, termed by him for brevity the Municipal Act, endea- 
 voured to explain that act as amended by this act, which for brevity 
 he terms the Municipal Amendment Act ; — so that so far as this act ia 
 concerned, nothing more is necessary than references to the particular 
 sections of the Municipal Act where the amendments will be found 
 noted. 
 
 (A) See note h to sec. 48 of the Municipal Act. 
 
 (c) The Editor has, in the Municipal Act, substituted the sections 
 here intended to be substituted for sections of that act here repealed. 
 
348 
 
 THE MUNICIPAL MANUAL. 
 
 New aubscc. 
 3, sec. 66. 
 
 ^fe^^r «ijb-eoc. 
 4, see. 66. 
 
 New 8ub4ec. 
 6, sec. 66. 
 
 New sec. 67. 
 
 Subsections to Section 66. 
 
 3.— In Towns. 
 
 The Council of every Town shall consist of the Mayor 
 (who shall be the head thereof), and of twd Councillors for 
 every Ward ; and if the Town has not withdrawn from the 
 jurisdiction of the Council of the County in which it lies, then 
 a Keeve shall be added ; and if the Town had the names of 
 five hundred freeholders and householders on the last revised 
 as.sessuient roll, then a Deputy Reeve shall be added ; and for 
 every additional five hundred names of persons possessing the 
 siune property qualification as voters on such roll, there shall 
 be elected an additional Deputy Rjeve. (d) 
 
 4. — In iNCORroRATKD Villages. 
 
 The Council of every incorporated Village shall consist of 
 one Keeve (who shall be the head thereof) and four Council- 
 lors ; and if the Village have the names of five hundred free- 
 hidders and householders on the last revised assessment roll, 
 then of a Reeve, Deputy Reeve, and three Councillors ; and 
 fur every additional five hundred names of persons possessing 
 the same property qualification as voters on such roll, there 
 shall be elected an additional Deputy Reeve instead of a 
 Councillor, (e) 
 
 6. — In Townsphps. 
 
 The Council of every Township shall consist of a Reeve 
 (who shall be the head thereof) and four Councillors; and if 
 the Township had the names of five hundred freeholders and 
 householders on the last revised assessment roll, then the 
 Council shall consist of a Reeve, Deputy Reeve, and three 
 Councillors; and for every additional five hundred names of 
 persons possessing the same property qualification as voters on 
 such roll, there shall be elected an additional Deputy Reeve 
 instead of a Councillor. (/) 
 
 07. No Reeve or Deputy Reeve shall take his seat in the 
 County Council, until he has filed with the Clerk of the County 
 Council a certificate under the hand and seal of the Township, 
 Village or Town Clerk, that such Ueeve or Deputy Reeve was 
 duly elected, and has made and subscribed the declarations of 
 office and qualification (unless exempted therefrom) as such 
 
 ■4 ^ 
 
 ((/) See sec. 66, sub-sec. 3, of the Mnnieipal Act, and notes thereto, 
 (e) See sec. 66, sub-sec. 4, of the Municipal Act, and notes thereto. 
 (/) See sec. 66, sub-sec. 6, of the Municipal Act, and notes thereto. 
 
^ •• 
 
 THE MUNICIPAL MANUAL. 349 
 
 Reeve or Deputy Reeve ; nor in case of a Deputy Reeve, until 
 he has also filed with the Clerk of the County an affirmation 
 or declaration of the Clerk or other person having the legal 
 custody of the last revised assessment rolls for the Municipality 
 which he represents, that there appears upon such rolls the 
 names of at least five hundred freeholders and householders in 
 the Municipality for the first Deputy Reeve elected for such 
 Municipality, and that no alteration reducing the limits of the 
 Municipality and the number of persons possessing the same 
 property qualifications as voters, within five hundred for each 
 additional Deputy Reeve, since the said rolls were last revised, 
 has taken place, (p) 
 
 Disqualification. 
 
 73. No Judge of any Court of civil jurisdiction, no Gaoler New pi. 73. 
 or Keeper of a House of Correction, no Sheriff, Deputy Sheriff, 
 Hi^h Bailiff or Chief Constable of any City or Town, Assessor, 
 Collector, Treasurer, Chamberlain, or Clerk of any Munici- 
 pality, no Bailiff of a Division Court, no Sheriff's Officer, no 
 person not having paid all taxes due by him, no Inn-keeper or 
 Saloon-keeper, and no person having by himself or his partner 
 an interest in any contract with or on behalf of the Corporation, 
 shall be qualified to be a member of the Council of any Muni- 
 cipal Corporation. (7t) 
 
 75. The electors of every Municipality for which there is New sec. 75. 
 an assessment roll, and the electors of every Police Village, 
 shall be the male freeholders thereof, whether resident or not, 
 and such of the householders thereof as have been resident 
 therein for one month next before the election, who are natural 
 born or naturalized snbjects of Her Majesty, and of the full age 
 of twenty-one years, and who were severally but not jointly 
 rated on the last revised assessment rolls for real property in 
 the Municipality or Police Village, held in their own right or 
 that of their wives, as proprietors or tenants, and who had 
 paid all Municipal taxes due by them on or before the sixteenth 
 day of December next preceding the election ; and such rating 
 shall be absolute and final, and shall not be questioned either 
 by any Returning Officer, or on any application to set aside 
 any election under this Act or any Act respecting the Muni- 
 cipal institutions of Upper Canada, (i) 
 
 (ff) See sec. 67 of the Monicipal Act, and notes thereto. 
 (h) Sec sec. IS of the Municipal Act, and notes thereto, 
 (t) See sec. 16 of the Municipal Act, and notes thp'-eto. 
 
350 
 
 THE MUNICIPAL MANUAL. 
 
 New Stic. 120. 
 
 87* The electors of every City shall elect three Aldermen 
 Newwc. 87. fg^ every Ward, on the first Monday in January in the year 
 one thousand eight hundred and sixty-seven, one of vinom 
 shall retire annually in rotation, and on the first Monday in 
 January in each year thereafter shall elect one Alderman for 
 each Ward, in the room of the retiring member, unless chosen 
 by acclamation on the day of nomination, (y) 
 
 117. The necessary declarations of office and qualification 
 New oc.iu. jj^gy jjg administered to the members of the Council and Mayor 
 elect in Cities and Tovrns by the Clerk thereof. 
 
 120. In case no return be made for one or more Wards in 
 consequence of non-election, owing to interruption by riot or 
 other cause, the members of Council elect, being at least a 
 majority of the whole members of the Council when full, shall 
 elect one of the Aldermen elect in Cities to be Presiding 
 Officer, at which election the Clerk shall preside, and such 
 officer shall take the necessary declarations and possess all the 
 powets of Mayor, until a poll for such Ward, Wards, or Elec- 
 toral Division or Divisions has been held under a warrant, in 
 the manner provided for in the one hundred and twenty-fifth 
 section of this Act. (/) 
 
 1*S0- The Warden of a County may resign his office by 
 New see. 150. yg^bal intimation to the Council while in session, er by letter 
 to the County Clerk if not in session, in which ce««e the Clerk 
 sholl notify all the members of the Council, and shall, if required 
 by a majority of the members of the County Council, call a 
 special meeting to fill such vacancy. yaoancie.s caused by the 
 resignation of a Reeve or a Deputy Reeve shall be filled by 
 an ordinary election, as provided by section one hundred and 
 twenty-five, (m) 
 
 371. All Cities and all Towns having more than five thou- 
 sand inhabitants shall have a Police Magistrate, and the salaries 
 of such Police Magistrates shall not be less than on the follow- 
 ing scale : (n) 
 
 437> This Act shall take effect on the first day of January 
 next (Anno Domini, one thousand eight hundred and sixty- 
 
 New flrnt 
 iMirRBrHph of 
 sec. 371. 
 
 New lection 
 
 ■427. 
 
 {j) See sec. 87 of the Manicipal Act, and notes thereto. 
 (k) Pee sec. 117 orihe Municipal Act, and notes thereto. 
 {[) See sec. 120 of the Municipal Act, and notes thereto, 
 (m) See sec. 160 of the Municipal Act, and notes thereto, 
 (n) See sec. S71 of the Manicipal Act, and notes thereto. 
 
IIIE MCNlClfAL MANUAL. 
 
 351 
 
 seven), save and except so much thereof as relates to the 
 nominating of candidates for municipal offices, and the passing 
 of By-Inivs for dividinfj; a Municipality or any Ward thereof 
 into Electoral Divisions, and appointing Returning Officers 
 therefor, vrhich shall come into effect on the first day of 
 November next, and also so much thereof as relates to the 
 qualification of electors and candidates shall not take effect till 
 the first day of September, one thousand eight hundred and 
 sixty-seven, (o) 
 
 S. Forthwith ader the passing of this Act, it shall be lawful 
 for the Governor to cause such extra number of copies of the 
 Municipal Act and the Assessment Act to be printed, append- 
 ing thereto a copious Index to their provisions, as he may deem 
 expedient ; and he may cause anr Acts or parts of Acts passed 
 during the present session, which amend or affect in any tray 
 the provisions of the Municipal Act, to be incorporated witn 
 it, inserting them in their proper places in the said Municipal 
 Act, and striking out of the latter any enactments repealed by 
 or inconsistent tvith those so incofpolttted ; and altering the 
 number of the sections if need be; and a correct printed copy 
 of the said Municipal Act, with the amendments.so incorpo- 
 rated, and attested under the signature of the Qovei'tiof, and 
 countersigned by the Provincial Secretary ; and also a similarly 
 attested copy of the Assessment Act passed during the present 
 session, shall be d0po.<iited trith the Clerk of the Legislative 
 Council ; and after such attestation and deposit, copies of the 
 t^aid Municipal Act as amended, and of the said Assessment 
 Act, printed by the Queen's Printer, shall be held and deemed 
 to have the same force and effect as the copies of this Act, and 
 of the Acts amending the same, as passed during the present 
 session ; and the Queen's Printer shall distribute the extra 
 copies of the volume containing such Acts and Index, in the 
 proportion of three copies to each Municipality in Upper 
 Canada, and one copy to each member of the Legislative 
 Council and Assembly. (^) 
 
 Oovornor 
 mny cause 
 extra copies 
 of cliiipter 61 
 and of chap- 
 ter 63 to be 
 prlnt«d and 
 dlBtribiitetl 
 incorporat- 
 ing thi.1 Act 
 with chaptef 
 61. 
 
 DiRtrlliutitn 
 of Nile h 
 copirs. 
 
 (») See sec. 42? of the Municipal Act, abd notes thereto. 
 
 (;>) This is a very unusual proTision ; but owing to the importance 
 of tlie acts mentioned, and the peculiar circumstancea under which 
 they were passed, the Legislature exercised a wise discretion in making 
 the provision for the distribution of the Acts, together witit an li\d*ix, 
 which titia seotioa authorizes. 
 
Preamble, 
 
 Short Title. 
 
 iBtorprcta- 
 tluD clause. 
 
 CAP. LIII. 
 
 AN ACT TO AMEND AND CONSOLIDATE THE SEVERAL 
 ACTS RESPECTING THE ASSESSMENT OP PROPERTY 
 IN UPPER CANADA, (a) 
 
 [Asgented to 16th Augiixt, 18CP ] 
 
 Her Majesty, by and with the advico and consent of the 
 Legislutivo Council and Assembly of Canada, enacts as fol- 
 lows: 
 
 Preuminary Provisions. 
 
 1. This Act may be cited as " The Assessment Act of 
 Upper Canada." (6) 
 
 3. In this Act, the word " County," and the word •' Tuwn- 
 shlp," include a Union of Counties or of Townships, as the 
 case may be, while such Unions continue ; The words 
 " County Council," include " Provisional County Council," 
 the word " Town," means " Incorporated Town," and the 
 word '* Village," means ** Incorporated Village," the word 
 " Vl'^ard," does not apply to a Township Ward — and the words 
 " Local Municipality," do not include Counties, unless there 
 is something in the subject or context requiring a different 
 construction, (r) 
 
 (a) Tlie CGnsolidtttion of the several acts relating to the assessment 
 of property in Upper Canada, is second only in importance to tlic 
 consolidation of. the several Municipal acts in 1868, by the Mnnlcipal 
 Institutions Act of that year, and its re-enactment in consolidated fcirm 
 as amended. The value cf the two acts so far as Upper Canada is 
 concerned, cannot be over estimated. The remarks which the editor 
 made in note a in praise of the Municipal act, are equally applicable to 
 the assessment act now under consideration. 
 
 (b) The practice of describing acts of Parliament by short titles is 
 of modern invention ; but owing to its utility, is becoming each Ses- 
 sion of Parliament, of more general application. It is singular that 
 while the Legislature have not, in the case of the Assessment act, been 
 unmindful of this practice, (see sees. 1 & 206) in the Municipal act, 
 they have quite overlooked it. But for convenience no doubt, while 
 one will, under legislative sanction, be known aud described as " The 
 Assessment Act of Upper Canada," the other without legislative sanc- 
 tion will be equally well known and as often described as "The 
 Municipal Act of Upper Canada." 
 
 (c) See note e to sec. 422 of the Municipal Act as to the value of nn 
 interpretation clause or interpretation clauses in an act of Parliament, 
 
 ^'V 
 
 ,. 
 
 iMMilii 
 
TIIK MUNICirAL MANUAL. 
 
 353 
 
 A 
 
 :B. The terms " Land," " Real Property," and " Ileal 
 Estutc," respectively, include all buildings or other things 
 eroctcd upon or affixed to the land, and all machinery or other 
 tliirif^s so fixed to any buildinj^ as to form in law part of the 
 roulty, and all trees or underwood growing upon the land, and 
 all mines, minerals, quarries and fossils in and under the same, 
 except mines belonging to Her Majesty. («/) 
 
 4. The terms '* Personal Estate," and " Personal Properly," 
 include all goods, chattels, shares in incorporated companies, 
 money, notes, accounts and debts at their full value, income 
 and all other property, except land and real estate and real 
 property as above defined, and except property herein expressly 
 oxcmptod. (e) 
 
 5. ihe term " property" includes both real and personal 
 property as above defined, (y) 
 
 6. Unoccupied land owned by a person not resident, and 
 not having a legal domicile or place of business in the Town- 
 ship, Village, Town or City where the same is situate, and 
 who has not signified to the Assessor personally or in writing, 
 
 Mi'iinlni; 
 of words 
 " UnJ,' Ac. 
 
 iloanlDK of 
 '• PereoDHl 
 property," 
 Ac. 
 
 Meiinlii); of 
 " I'ropfrty." 
 
 Unoccupied 
 land ot jier- 
 
 80DS nllildDt 
 
 how Ueiiigca- 
 ted. 
 
 While in the Municipal Act Iho intcrpretntion clnuscs succeed the net, 
 liero they precede the net to which tliey are intended to apply, and in 
 this res[)ect ore the more conveniently placed. Tiie interpretation 
 given is not liowever of universal application ; for wherever the 
 • Dntext demands a different construction, the latter is to prevail. 
 
 ((/) The Legislature have defined " Land," " Ileal Property," and 
 " Real Kstate," for purposes of taxation as including the follow'ing : 
 
 1. All buildings or other things erected upon or affixed to the land 
 
 and macninery or other things so fixed to any buildiiig as to 
 form in law part of the realty. 
 
 2. All trees or underwood growing upon the land. 
 
 3. All mines, minerals, quarries and fossils in and under the same, 
 
 except mines belonging to Ilor Majesty. Sec further note k 
 to 9. 9. 
 
 fc) The terms " Personal Estate " and " Personal Property," for 
 purposes of taxation are made to include the following : 
 
 1. All goods, chattels, shares in incorporated companies, money, 
 
 notes, accounts and debts at their full value. 
 
 2. Income and all otfier property except land and real estate and 
 
 real property as above denned, and except property herein 
 expressly exempted. See further note k to s. 9. 
 
 ( ff) Property is defined as the highest right any man can have to 
 anything, and things may, for the purposes of property, be divided 
 into tilings real and things personal — the former being such as are 
 j>ernianent and fixi i, and tne latter such as are moveable and i. <'v 
 attend the owner'., person wherever he thinks proper to go. (See as. b. 
 and 4.) 
 
 23 
 
 ! I 
 
 I 
 
 :il 
 
354 
 
 THE MUNICIPAL MANUAL, 
 
 -r 
 
 In tbo caso 
 of Rr.ilroad 
 
 All taxefi to 
 be IdTied 
 eiually upoa 
 the ratable 
 property 
 wbare no 
 olber pro- 
 vision mnde. 
 
 that he owns such land and desires to be assessed therefor, 
 shall be denominated " Lands of non-residents." (/;) 
 
 T. The real estate of all Railway Companies is to be con- 
 sidered as lands of residents although the Company may not 
 have an office in the Municipality; except in cases where a 
 Company ceases to exercise its corporate powers, through in- 
 solvency, or other cause, (i) 
 
 Propkrty Liable to Taxation. 
 
 ?. All municipal, local or iirect taxes or rates, shall, when 
 no other express provision has been made in this respect, be 
 levied equally upon the whole ratable property, real and per- 
 sonal, of the Municipality or other locality, according to the 
 assessed value of such property, and not upon any one or more 
 kinds of property in particular or in different proportions. (_;) 
 
 (/t) Though the owner be a non-resident of the Municipality, yet if 
 he signify to the assessor personally or in writing, that he owns the 
 lands, and desires to be assessed therefor, his name may be placed 
 on the roll, and his land no longer separated from the oiher assess- 
 ments (see note m to sec. 24). There are, as it were, two asscssraents 
 — one for residents and such as signify their desire to be assessed, 
 thoiigh non-resident, in which case both the lands and the jiersons 
 arc assessed — and the other for non-resident lands, where tho lands 
 only and not the persons are assessed. (Sees. 21, 34.) 
 
 (/) It is the duty of every Railway Company annually to transmit 
 to the Clerk of every Municipality in which any part of the road or 
 other real property of tho company is situate, a statement describing: 
 
 1. The V alue of all the real property of the company, other than tliu 
 
 roadway. 
 
 2. The actual value of the land occupied by the road in the Muni- 
 
 cipality, according to the average value of land so rated in 
 the roll of the previous year in tue localitj'. (Sec. 3.S.) 
 It is then the duty of tho Municipal Clerk to comimr catc the same 
 to the assessor. 
 
 It thereupon becomes the duty of the assessor to transmit by post to 
 any station or office of the con;pany, a notice of the total amount at whioli 
 he has assessed the real property of the comp.^r y in his Municipality 
 or Ward, distinguishing the value of the land occupied by the road 
 and the value of the olHer real property of the company, (sec. 83.) 
 
 (_;') The intention is that wuenover a council determine to raise a 
 certain sum for a certain purpose within the scope of their authority, 
 the same shall be raised by assessment to be laid equally upon the 
 whole ratable property according to the assessed value of sucli i)ro- 
 perty, and not upon any one or more kinds of property. {Doc d. 
 McOill V. Langton, 9 U. C. Q. B. 91. j Where a Municipal Council, 
 instead of following the plain direction of the statute, by by-law im- 
 posed a tax on wild lands alone, tho by-law was held to be illegal. 
 (lb.) So a by-iaw imposing an arbitrary rate of 5s. per foot frontage 
 for draining into the common sowers of a city, was held invalid. (Ex 
 parte Aldwell and the City of Toronto, 1 U. C. C. P. 104.) 
 
 I 
 
THE MUNICIPAL MANUAL. 
 
 355 
 
 k 
 
 0. All land and personal property in Upper Canada fchall wii.it pr - 
 be liable to taxation, (k) subject to the following exemptions. ^ "fxi'tkn. 
 {I) that is to say : 
 
 Exemptions. 
 
 1. All property vested in or held by Her Majesty, or vested Kxtn.ptions. 
 in any public body, or body corporate, oflScer or person in 
 
 trust for Her Majesty, or for the public uses of the Province, 
 
 and also all property vested in or held by Her Majesty, or any bi'ioKg^'to 
 
 other person or body corporate, in trust for or for the use of Htr M.ijesty. 
 
 any tribe or body of Indians, and either unoccupied or occupied 
 
 by some person in an official capacity ; (m) 
 
 (k) The term " land" includes all buildings erected upon or iitfixod 
 to till! land, and all machinery or ether things so fixed to any buildiug 
 as in law to form part of the realty, and all trees or underwood grow- 
 ing upon the land, and all mines, minerals, quarries and fopsile, in and 
 under the same, except mines belonging to Her Majesty. (Sec. 4.) 
 The term " personal property" includes all goods, chattels, shares in 
 incorporated companies, money, notes, accounts and debts at tlieir full 
 value, income and all other property, except land .is above deftned .md 
 except property in this act e^ cssly exempted. (See. fi.) But l;uid 
 covered with the waters of a ' hour, is not taxable. ( The Buffalo and 
 Lake. Huron Kailivay Compuni/ v. T/ie Corporation of the Town of 
 G'odcrk'h, 21 U. C. (J. B. 97.) The pipes of a givs company laid out 
 through the streets of a city, are not to be deemed land, but nilhcr 
 personal property, within the meaning of this section. (In ,c (Hcs 
 Conipany and the City of Ottawa, 7 U. 0. L. .T. 104.) But the interest 
 ■if tiio lessees of a road company is ir the nature oi u ohattel interest, 
 and not personal property. {In re Hepburn nnd Jo, -titon, 7 U. ('. L.J. 
 4 (5.) A steamboat is clearly personal property within the moaning of 
 the act. {In re appeal of I'latt, 7 U. C. L. J. 103.) 
 
 (/) Where the property though assessed is exempt from .issessment 
 and taxation, it is not necessary for ♦he party concerned to appeal 
 under the Assessment Act in order to avail himself of the exemption. 
 That which is exempt cannot be taxed. The fact that it appears on 
 the assessment roll when really exempt, does not make it the Ichs ex- 
 ''inpt. The u.iautborized assessment of that which is by Liw oxem()t, 
 oaiiiiotmakc it liable to taxation. [iSkaw v. Shair, 12 U. C. C. I'. 456; 
 ^i'(! also The Munieipality of the Township of London v. The Grir.t 
 Wrstcrn RailL'ay Company, 17 U. C. Q, B. 202.) 
 
 {m) The property exempt by this sub-section is : 
 
 1. All property vested in or held by Her Majesty, or ve;.tid In tsny 
 
 public body, or body corporate in trust for iler Majesty or 
 for the public uses of the Province. 
 
 2, All projjertv vested in or held by Her Majesty or any other per- 
 
 son or body corporate in trust for or for the use of any triiic 
 
 or body of Indians, and either unoccupied or occupied by tuth 
 
 person in an official capacity. 
 
 Property, whether freehold or leasebolii, in the use or occupation of 
 
 the Crown or of any person or persc:.^ in his or their official capacity 
 
 I 
 
i'.at if c ecu- 
 pip(l nut 
 Gilicially. 
 
 ■worthip, i 
 
 PiiWlc 
 Jidiicitiinal 
 
 iLStitUti'LS, 
 
 Fchrol 
 llrusP.City 
 lllill, &c. 
 
 TKE MUNICIPAL MANUAL. 
 
 2. When any property mentioned in the prccediiisj sa1>- 
 section number one, is occupied by any person otherwise tharr 
 in an official capacity, the occupant shall be assessed in respect 
 thereof, but the property itself shall not be liable; (/i) 
 
 3. Every place of worship, Church-yard or Buryinp; 
 
 ground ; (o) 
 
 4. The buildings and grounds of and attached to every 
 University, College, incorporated Grammar School, or other 
 incorporated Seminary of learning, whether vested in a Trustee 
 or otherwise, so long as such buildings and grounds are actually 
 used and occupied by such institution, or if unoccupied, but 
 not if otherwise occupied; ( p) 
 
 5. Every Public School-house, Town or City or Township 
 hall, Court-house, Gaol, House of correction, Lock-up House, 
 and public Hospital, with the land attached thereto, and the 
 personal property belonging to each of them ; (y) 
 
 as pcrv.ants of Uic Crown, is nrt assessable. (Shnw v. Shaw, 12 U. C. 
 C. V. 456 ; The Secrctari) of War v. The Corporation of the Citi/ of 
 Toronto. 22 U. C. Q. B. 551.) So property held by Uie Crown ami 
 not, t^rantcd, located or lensed, so far as the interest of the Crown is 
 concerned {Street v. The Corporation of the County of Junt, 11 U. C. 
 C. ]'. 255 ; see also Street v. The Corpvatlon of the Counfi/ of Si/n-'oe, 
 12 U. C. C. P. 285 ; S. C. 2 Er. A Ap. 211 ; Austin v. The' Corporation 
 of the Countti of Simcoc, 22 U. C. Q. B. '73.) 
 
 But the statute does not saj'^ that land whicli lias once been legally 
 charged with an assessment, shall become discharged of it wlicn and 
 liocaiise it comes into the possession of the Crown. {The S/rrftun/ of 
 War V. The Corporation of the City of Toronto, 22 U. C. Q. B. .^51"; 
 S(!e also Lord Colchester ct al. v. Kewney, 1 L. II. Ex. 3G8.) 
 
 (/?) Tlie exemption mentioned in the preceding sub-section as to 
 projierty vested in or held by Her Majesty, &c., is liere qualitiod by 
 an enactment, that the occupant shall be liable to assessment. i>riivi(U'd 
 he do not occupy in an official character, but the property itself is not 
 to be liable. (Per Diaper, C. J., in Street v. The Corporation of the 
 County qf Kent, 11 U. C. C. P. 2G0.) An assessment of property ex- 
 empt from assessment would be a nullity, except for the purpose of 
 assessing the occupant individuallj', under tliis sub-section, (Per 
 Morrison. J., in Shaio v. Shaie, 12 U. C. C. P. 460.) 
 
 {o) All places of worship, all Church yards, and all burying grounds, 
 no matter to wliat denomination of Christians belonging, are Iiero 
 exempt. 
 
 {])) Tliis is not an absolute, but a qualified exemption, viz., " so long 
 as such buikling and gi-ounds are unoccupied or actually used ami 
 oceuj)ied by sucli institution," but not " if otherwise occui)ied." 
 
 {<]) The Legislature, in using the terms they do in exem|)ting ceit.iin 
 i)uiklings, such as court houses, gaols, places of worship and fiie like, 
 and tiien exempting llie real ))roperty of some institulioii.s, and tlie 
 real and per.soiinl property of other institutions, must have had in view 
 
 A ^ 
 
THE MUNICIPAL MANUAL. 
 
 357 
 
 A k 
 
 
 0. Every Public road and way or Public Square ; (r) Puin- 
 
 7. The property belonging to any County, City, Town, MunLtpii' ■ 
 Township or Village, whether occupied for the purposes i"opeity. 
 thereof, or unoccupied; (s) 
 
 8. The Provincial Penitentiary, and the land attached Proviuini 
 thereto ;(0 ivuu.uu.r, 
 
 the nature, object and purposes of these buildings and institutions. 
 Thus: 
 
 1. Evciy {>lnce of worship, church yard, or burying ground. (Sub- 
 
 sec, a.) 
 
 2. Every university, college, incorporated grammar scliool,or other 
 
 incorporated seminary of learning, and tlie grounds of and 
 attaclied (hereto, Ac. (Sub-sec. 4.) 
 
 3. Every public school house, town or city or township hall, court 
 
 house, gaol, house of correction, lock-up house, and public 
 hospital, with the land attached thereto, and the personal pro- 
 perty belonging to each of them. (Sub-sec. 5.) 
 I. Every industrial farm, poor house, alms house, orphan asylum, 
 houscof industry and lunatic asylum, and everj' house belong- 
 ini; to a coiiipanj' for the reformation of offenders, nnd tlic real 
 anrl personal property belonging to or connected witli the 
 same. (Sub-sec. 9.) 
 The Lci!,Mslature, it will be observed, does not exempt all hospitals, but 
 <>n\y pnljlir hospitals. Lord Coke saj s in Sutlon's tuuk' (lUlli'p. ',]\ a), 
 that there is no legal hospital except where the poor persons beiictited 
 are themselves incovpoi-ated ; and he says that where the corporate 
 Ruccession is vested in trustees, to effectuate the purposes of the insti- 
 tution, tiiere is no legal hosi)ital. It sccls, however, tolerably clear 
 tiiat a legal hospital in that scwse is not meant where the words '• publio 
 hospital" are used in this section. It is moi'c reasonaVile to hold tha! 
 the words are used in their jiopular sense, and that any institution 
 wliieh, tiiough not in a strictly legal, might in a popular sense be callo 1 
 a public liospital, can claim exemption. (See Lord Colchester etal. v. 
 Kcu'iici/, 1 L. 1 1. Ex. o08 ; In re Appeal of Sisters of Charity of the City 
 of OttuiM, 7 U.C.L.J. 157.) 
 
 (»•) Public squares are as much public proporty as public roads and 
 ways, and cannot, without a breach of trust, be applied to anj' use 
 inconsistent with lli'- purpose of their dedication. All such are nir.iie 
 ^■xenipt from taxation, probably for the reason that, not bein.'; tiie 
 exclusive property of any individual in the community, there could be 
 no person wliose exclusive obligation it would be to pay taxes. Private 
 S(|uarcs or private ro.ads or ways do not enjoy immunity from ta:;:it'.on. 
 
 (.v) There could be no oliject in the Council of any count3\ city, 
 town, township or viliage, levying taxes on its own i)roperty. Hence 
 all such, wliethd" occupied for tiie purposes thereof or unoccupied, arc 
 exempt. IJut it is not said that the oct.'upants thereof, when occupied 
 for pu''po,se.s of gain, shall bo exempt from taxati<jn. 
 
 (I) Tlic Penitentiary, erected near tlie cily of Kingston, in the county 
 of Fronlenac, is cull ,'d " The Provineial Penitentiary of Canada," aM<l 
 is llie institution here intended. (Con. Stat. Can. cap. 111.) The land 
 attached thereto is also exempt 
 
358 
 
 TlfE MCNICIPAL MANUAL. 
 
 ni>u:-rB, ic , 
 118 il fir |/lii- 
 Iiiiit1iro|)i!: 
 purjjDAe.f. 
 
 Fi'irtitHu'In- 
 
 t.titiitii>iif, 
 
 Ac. 
 
 IVrf-pnal 
 pn.p'rty of 
 iiiivciniir. 
 
 Imp -villi 
 Ml i'.ii.v or 
 Na- :tl piiy. 
 wlai i-s, pen- 
 Kioii-, i.v, 
 
 prrp l!r of 
 ofli'vis <li 
 full jiay. 
 
 Peiitl^iiR 
 uml-r $200. 
 
 Incomn of, 
 tarmei's. 
 
 9. Every Industrial Farm, Poor House, Alms House, Orphan 
 Asylum, House of Industry, and Lunatic Asyiuui, and every 
 house belonging to a Company for the reformation of offenders, 
 and the real and personal property belonging to or connected 
 with the same ; (m) 
 
 10. The property of evei*y Public Library, I^Iechanics' In- 
 stitution, and other public, literary or scientific institution, and 
 of every Agricultural or Horticultural society, if actually occu- 
 pied by such society ; (») 
 
 11. The personal property and official income of the Gover- 
 nor of the Province ; (w) 
 
 12. The fuil or half pay of anyone in any of Her Majcsty'ji 
 Naval or Military services, or any pension, salary, gratuity or 
 stipend derived by any person from Her Majesty's Imperial 
 Treasury or elsewhere out of this Province, and the personal 
 property of any person in such Naval or Military services on 
 full pay, or otherwise in actual service ; (x) 
 
 13. All pensions of two hundred dollars ft year and under, 
 payable out of the public moneys of this Province j (y) 
 
 14. The income of a farmer derived from his farm ; (.:) 
 
 (u) TJie institutions here mentioned are all of a charitable cliaracter, 
 and therefore, we find the Legislature, with as much liberality as pos- 
 Bible, exempt not only the institutions themselves, but the " real atid 
 personal property belonging to or connected with the same." 
 
 («) The property of every public library, mechanics' institute, and 
 other public literary or scientific institution, appears, in favour of 
 literature and science, to be absolutely exempt ; but the projiert}' of 
 an agricultural or horticultural society appears to be oi.ly conditionally 
 exempt, i. e., " if actually occupied by such society." 
 
 (fc) This exemption rests upon grounds of state policy, botwooii tlie 
 Imperial and Colonial authorities. 
 
 {x) The exemptions here are : 
 
 1. The full or half pay of any one in any of Ilcr Majesty's naval or 
 
 military services. 
 
 2. The personal property of any pei-soa in sudi narul or niilitarv 
 
 services on full pay, or otherwise in actual service. 
 
 3. Any pension, salary, gratuity or stipend, derived by any person 
 
 from Her Majesty's Imperial treasury or elsewhere out of this 
 Province, 
 
 (y) While all pensiions derived by any person from Her Majesty's 
 Im]>erial treasury or elsewhere out of the Province arc by the preced- 
 ing sub-section exempt, none but pensions of two hundred dollars a 
 year or under, payable out of the public money of the Province, are- 
 here made exempt. 
 
 («) This is B liberal exemption, made in favour of agriculture. The 
 incom(5 of a farmer, no matter how great, if derived from hia farm, is. 
 exempt. 
 
THE MUNICIPAL MANUAL. 
 
 359 
 
 ^ '^ 
 
 15. So much of the personal property of any person, as is 
 secured by a uiortgaj^e upon land or is due to him on account 
 of the sale of land the fee or freehold of which is vested in 
 him, or is scoured by the debentures of the Province or of 
 any Municipal Corporation thereof; (a) 
 
 10. The stock held by -^ny person in any cl artered bank, 
 so long as t'liere is a Special Tax on bank issues j (i) 
 
 17. The stock held by any person in any Railroad Com- 
 pany ; (0 
 
 18. All property, real or personal, which is owned out of 
 this Province ; (//) 
 
 19. So much of the personal property of any person, as is 
 equal to the just debts owed by him, except such debts as are 
 secured by mortgafre upon his real estate or may be unpaid on 
 account of the purchase money therefor j (e) 
 
 Personal 
 property 
 seoured by 
 mortgage, or 
 mnnicipal 
 debentures. 
 
 Dank stock, 
 80 long, &c. 
 
 RAilroad 
 stock. 
 
 Property 
 owned out of 
 the Province 
 
 Personal pro- 
 perty to 
 amount of 
 debts due. 
 
 
 (rt) Personal property is in genernl subject to taxation. The exemp- 
 tion here made is as to so niucli of the personal property of any 
 person as is, 
 
 1. Secured by a mortgage upon land, or is due to him on account of 
 
 the sale of land, the fee or freehold of which is vested in him. 
 
 2. Secured by the deljentures of the Province, or of any Municipal 
 
 Corporation thereof. 
 
 The reason of the first is, that the land itself, on which the mortgage 
 security rests, is subject to taxes ; and the second rests on fiscal consi- 
 derations, the object being to create a bonus in favor of Government 
 or Municipal debentures, so as to induce persons having money to 
 invest, to invest in debentures, ii;. 1 so keep up as much as possible the 
 price thereof 
 
 (/>) Stockholders in a chart-sred Bank, when there is a tex on Bank 
 issues, in effect pay that tax ; and this, without the addition of a niuni- 
 cij)al tax on their stock, is diemed a sufficient burden. 
 
 (c) Stock in the railway compAnios of Canada, so far as mere invest- 
 ment is concerned, has been found anything but profitable ; and for 
 tliis reason, no doubt, the exemption is here created. 
 
 {d) Personal property out of the Province may be subject to taxes 
 wherever situate, and, if taxed in this Province because the owner hap- 
 pens to live here, might subject him to double taxation. 
 
 (f ) If what a man owes be equal to or exceed his personal property, 
 the latter is exempt from taxation, provided his debts are not secured 
 by ffiortgage or real estate, or unpaid on account of the purchase money 
 tlierofor. S > much of tlie personal property of any person as is 
 secured b^ a mortgage upon land, or is due to him on account of the 
 sale of land, is exempt (sub-sec. 15); and this is because the land, or 
 rather tlie owner of it, is compelled to pay taxes thereon without 
 reference to tlie iucumbrances. Hence the proviso in the sub-section 
 here annotated. 
 
300 
 
 THE MUNICIPAL MANUAL, 
 
 P«r8onaIt.v 
 under $lOo. 
 
 Incomo 
 under $300. 
 
 Minister's 
 aalaiy nnder 
 $12eu. 
 
 Official sala- 
 ries At seat 
 of Govern- 
 ment. 
 
 Household 
 effects, books 
 &c. 
 
 How rates 
 shall be 
 calculated. 
 
 20. The net personal property of any person, provided tlio 
 same be under one hundred dollars in value ; (/) 
 
 21. The annual income of an_ ,jenon, provided the same 
 docs not exceed three hundred dollars; {g) 
 
 22. The stipend or salary of any minister of religion; (/i) 
 
 23. The annual ofiicial salaries of the officers and servants 
 of the several Departments of the Executive Government and 
 of the two Houses of Parliament resident at the scat of Gov- 
 ernment; (»■) 
 
 24. Household effects of whatever kind, books and wearing 
 apparel. (J) 
 
 How IIatks to ke E^timatkd. 
 
 10. In '""ounties, Cities, Towns, Townships, and Villages, 
 the rates shall be calculated at so much in the dollar, upon 
 
 (/') The debts owin^ bj' a man (not, secured by nidrtirn^e, itc.) 
 (^nl)-pec. 19), are to be deducted from the vahie of liis personal jn-ojuTty. 
 The balance is his "net personal property." If the latter be undei' 
 one hundred dollars in value, it is exeuiiit ; if that sum or more, it is 
 subject to taxation according- to gradiuited scale. (Sec. r>5.) 
 
 (,'/) Certain incomes are iirivileged from taxation. Tims: the income 
 of the Governor-General (sub-sec. 11) ; the full or half pay of jxTsons 
 in Her Majesty's naval or military services (sub-sec. 12) ; so much of 
 incomes as may consist of pension?^, fvjilaries, gTaluities or stipends 
 derived by any person from Her Majestj-'s Imp^-rial treasury or else- 
 where out of the Province (16.) ; ail i'rovincial pensions of two hun- 
 dred dollars or under (sub-sec. i;>) ; so unich of income as is S'-cured 
 by a niortr;^aije on land, or duu on account of the sale of land (^lub-sec. 
 Mj] ; the income of a farmer, derived from his farm (sub-sec. l-tj ; the 
 p!i[)e;;d or salary of any minister of religion (sub-see. -'^): the annual 
 otVieial salaries of the officers and servants of the several department > 
 of the Executive Government, and of the two Houses <it I'jirliament 
 resident at the seat of Government (tiub-sec. 2o) ; and hei-e ttiv annual 
 income of every person whose income does not exceed three hundred 
 dollars. 
 
 {/i) Minlstcrfi of religion arc not in general over-paid in l'i)per 
 Canada, ami the I>^islatui'e have liore nnide a wise concession to 
 relieve them of incom. tax. The nuirgiual note it will V>e observed is 
 incorrect and is probably inadvertently copied from the old act. 
 
 (?) It will be observed that the « sumption is only Tiiado in favor of 
 such officers and servants of the Ksecutivi- or of Parliament, a^are 
 "resident at the seat of Government." 
 
 (./) The bed and bedding and bedsleads in ordinary use by a debtor 
 and Ids family, as well as the necessary wearing njiparel of himself and 
 family, together with certain specilied articles of furniture and food, 
 are also exempt from seizure aii'f sale under execution. (Jrtat, 23 Vic. 
 cap. 25, ?ec. 4.) 
 
THE MUNICIl'AL MANUAL. 
 
 361 
 
 the actual value of all the real and personal jiropoily liable 
 to assessment therein. (A:) 
 
 11. All Debentures heretofore issued by Municipal Cor- 
 porntions under any By-law, and based upon the yearly value 
 of ratabh property, at the time of passing such l^y-law, shall 
 hold the order of priority which they now occupy, (/) and 
 each Municipal Corporation (having so issued Debentures) 
 shall levy a rate on the actual real vah: j of the ratable pro- 
 perty within the Municipality represented, sufficient to produce 
 a sum equal to that leviable or produced on the yearly value 
 of such property as established by the Assessment Roll for 
 the year one thousand eight hundred and sixty-six ; (in) and 
 such rates shall be applied solely to the payment of such 
 Debentures, or interest on such Debentures, according to the 
 terms of the By-law under which they are issued; («) 
 
 2. In cases where a Sinking Fund is required to be pro- 
 vided, either by the investment of a speciiic rate or amount, 
 or on a rate on the increase in value over a certain sum, then 
 such a rate shall be levied as shall, at lei'st, ecjuul tlic sum 
 originally intended to bo set apart, (o) 
 
 12. In order to comply with the provisions of the Consoli- 
 dated Muoii'ipal Loan Fiuul Act (Consolidated Statutes of 
 Canada, chapter eighty-tlireo), a rate of not less than oiie-tlurd 
 of a cent in the dollar upon the actual value of all ratable pro- 
 perty, shall be levied l>y all Municipalities in Upper Canada 
 indebted to the Municipal Loan Fund, unless a smaller rate 
 
 I'lioiifydf 
 
 (li'hiMitures; 
 how riitec for 
 pil\iD;; thum 
 rliull h« 
 cilcuUted. 
 
 To bo apiilind 
 Kolfly lor 
 such pur- 
 poRen. 
 
 I'ntc for 
 Siiikiiij: 
 Fund. 
 
 lUtc.fliiilf 
 (•ml f.«r iliil- 
 lir fir pii}'- 
 iii^ di'litto 
 Ciiisolj. luted 
 Muiikipiil 
 Loan Fund. 
 
 {/c) Tlu' distinction foriiu'i-ly cxirttintj betwocn actual value niul 
 yoarly vnlun no loiin'or cxi.st.s. While in couiitii;.s ami townsliips tlio 
 rates wero caloulntcd at .«() niueii in tlie dollar on actual value, in 
 cities, town.s, and villages it was calculated on J'oarly vahu?. Tliero 
 is now no difForenc(! in this respect between counties, cities, towns, 
 townshi])S, and villages: in all alike the rate is to bo calculated on 
 actual value. A tax of so nuieh an aca'e arbitrarily without reference 
 to actual value, was lu^ld bad unrler the old law. (Doc d. JifcG'ill v. 
 La"t/hm, '.I I'. (". Q, B. 1)1.) The court refused on an application for 
 a niamlauius to decide as to the proper principle to be ai)])lied in the 
 valuati )ii ut' property for ^lu^pnses of taxation. (In. re JJirksni cud 
 the. Miinn'ijxd Conneil of the \"dliii/e of Gait, 10 U. C. Q. B. 895.) 
 
 (/) See note k to sec. 10. 
 
 (h?) Tlic rate must be sutticicnt for the purpose intended. If clearly 
 insniiicieut, the; court luiii'lit, on ajjplieation, quash the bv-law. (I'lrri/ 
 V. The Torn, Council of the 'J own. of Whi/l,;/, U U. C. Q. B. 6(54.) 
 
 («) An application of the iimney laoduced by the rate to any other 
 purpose than that epeeified, W(juld be a breach of trust. 
 [o) See notes to sub-sec. 5 of sec. 25(5 of the Municipal Act. 
 
362 
 
 THE MUNICIPAL MANUAL. 
 
 I'loviso ; if 
 Rui'h rate bo 
 InsufHciunt. 
 
 Kstiinates to 
 \m nirtde 
 yt-arly. 
 
 would produce eight per cent, upon the capital of the loan ; (;>) 
 Provided always, that if such rate of one-third of a cent in the 
 dollar upon the actual value of ratable property, according to 
 the assessment of any year, shall produce a less sum than five 
 cents in the dollar on the annual value of the property in the 
 year one thousand eight hundred and fifty-eight, such a rate 
 shall be levied as will produce a sum equal to that produced 
 by a rate of five cents in the dollar on the assessment rolls of 
 the year one thousand eight hundred end fifty-eight. (9) 
 
 13- The Council of every Municipality shall, every year, 
 make estimates of all sums which may be required for the 
 lawful purposes of the County, City, Town, Township, or Vil- 
 higc, for the year in which such sums arc required to be levied, 
 eaoli local Municipality making due allowance for the cost of 
 collection and of the abatement and losses which may occur in 
 tlic collecti'Mi of the tax, and for taxes on the lands of non- 
 residents which may not be collected, (r) 
 
 J •. 
 
 ( p) In ease the Receiver-General certify to the Governor-General 
 tlmt any municipality is in default to the Municipal Loan Fund, the 
 Governor-General may issue his warrant to the Sheriff, directing him 
 to seize all goods and chattels, lands and tenements, and other property 
 and tilings liable to bo seized in exe^ ition, belonging to such munici- 
 I)ality, and to sell tiie same, or so nnich thereof as may be necessary 
 to produce the am lUnt for which such municipality is in default, and 
 costs, as he would under execution against such municipality, and to 
 pay the proceeds to tlic Receiver-General, in liquidation of tiie amount. 
 (Con. Stat. Can. cap. 83, sec. 08.) 
 
 (tj) A sum equ.al to five cents in the dollar on the assessed yearly 
 vahie, or a like i)er centage on the interest at six per cent, per annum 
 on the assessed value of all the assessable propertj' in every munici- 
 palit}' indebted to the Municipal Loan Fund, must be raised every 
 year unless and \intil the amount of principal and interest payable by 
 such municipality to the Receiver-General, shall have been paid and 
 satisfied. (76. sec. 88.) 
 
 (»•) In making yearly estimates of the suras required, it will be 
 necessary for the Council to make due allowance in respect of the 
 following: 
 
 1. The cost of collection. 
 
 2. Abatement and losses which may occur in the collection. 
 
 3. Taxes on lands of non-residents tiiiit may not be collected. 
 
 and accordingly have a margin sufficient to cover drawbacks arising 
 from any or all of the foregoing causes. 
 
 It does not appear necessary that theCotmcil should set forth in the 
 b3'-law the estimates on which it is founded (Fletcher v. The Afmii- 
 npaVty of the Township 0/ Euphrasia, 13 U. C. Q. B. 129) and the Court 
 will, in the absence of evidence to the contrary, intend that proper 
 estimates have been made. {lb.) 
 
TIIK MUNICirAL MANUAL. 
 
 863 
 
 14. The Council of every Muuicipality may pass one By- 
 law, or several By-laws autbcrizinf^ tlio levying and collecting 
 of a rate or rates of so much in the dollar upon the assessed 
 value of the property therein, as the Council deem sufficient 
 to raise the sums required on such estimates, (s) 
 
 1«S. If the amount collected falls short of the sums required 
 the Council may direct the deficiency to be made up from any 
 unappropriated fund belonging to the Municipality. (<) 
 
 10- If there be no unappropriated fund, the deficiency may 
 be equally deducted from the sums estimated as required, or 
 from any one or more of them, (u) 
 
 17. If the sums collected exceed the estimates, the balance 
 shall form part of the General Fund of the Municipality, and 
 bo at the disposal of the Council, unless otherwise .specially 
 appropriated ; (y) but if any portion of the amount in excess 
 has been ci Ucctcd on account of a special tax upon any par- 
 ticular locality, the amount in excess collected on account of 
 such special tax shall be appropriated to the special local 
 object. (?o) 
 
 IH. The taxes or rates imposed or levied for any year shall 
 bo considered to have been imposed and to be due on and from 
 the first day of January of the then current year and ending 
 
 (s) It is not incumbent on a Mnnicipal Council to raiae all that is 
 required, and no more than is required, by one by-law. Were this 
 the law, it would be impossible, owing to contingencies such as men- 
 tioned in see. 13, and other contingencies of a like kind, for any 
 Municipal Council to comply with it. The amount collected may 
 eitlier thll sliort or exceed the sum required. If short, the deficiency 
 may be made up from any unappropriated fund belonging to the 
 JIunicipality. (Sec. 15.) If no unappropriated fund, the deficiency 
 may be e(,uully deducted from the sums estimated or from any one or 
 more of them (sec. 16) or a second by-law passed, under the section 
 here annotated. (Sec. 14.) If an excess, the surplus becomes a part of 
 the General Fund of the Municipality, unless otherwise appropriated. 
 (Sec. 17.) 
 
 (/) See note a to sec. 14. 
 
 (m) Sec note « to sec. 14. 
 
 {v) See note s to sec. 14. 
 
 ((/') The preceding sections, sees. 14, 16, 16, as well as the first part 
 of this section (17) relate more particularly to general estimates for 
 general purposes. If any portion of the amount in excess has been 
 collected on account of a Special Tax upon any particular locality, the 
 general rule is not to apply — the amount collected shall, instead of 
 forming part of the General Fund, be appropriated to the special local 
 object and no other. 
 
 Byl.iwa fir 
 raisinK 
 tuouey by 
 rate. 
 
 Iftho 
 
 itinouut col- 
 lected falU 
 short. 
 
 Or t>Btim»td » 
 may bo 
 reduced pn)- 
 portionfibly 
 
 If Mini 8 col- 
 Ifctud exctivd 
 
 BKtlnifttCH, 
 
 anpropriii- 
 tldU of the 
 bahiiK'i'. 
 
 Yearly taxes 
 to bo compu 
 ted from 1st 
 January, un- 
 less other- 
 wise ordered. 
 
3(U 
 
 THE MUNICIPAL MANL'AT,. 
 
 A^Sc'SKul':! 
 
 a II J Ciilk'o- 
 tors til bit 
 !i{>p )lutucl. 
 
 Miinli-ipality 
 IIKIV l>« 
 (livlilHi Into 
 Atxensiueut 
 UiairiutK. 
 
 Af'eftsment 
 Koll to J)o 
 |)r«pitred, its 
 fiiriii, coil- 
 
 tt'llt!', &c. 
 
 with tho thirty-first day of Dcccmhor thereof, unless otherwise 
 ex;iressly provided for by tho enactment or IJy-law under 
 which the Siimc are directed to be levied, (n) 
 
 AsSESSnUS AND Coi.LKL'TOns. 
 
 10. Tho Council of every Municipality, except Counties, 
 shall appoint such number of Assessors and Collectors for the 
 Municipality as they deem necessary, (i) 
 
 580. And they may appoint to each Assessor and Cullector 
 tho Assessment District or Districts therein, within which ho 
 shall act, and may prescribe regulations for governing them in 
 the performance of their duties, (c) 
 
 How Assessments to nu tuoceeded witii. 
 21. The Assessor or Assessors shall prepare an As- 
 sessment Roll, (rf) in which, after diligent enquiry, he or 
 
 (a) This section is inteinled to fix the fiscal yciir for nil the Muni " 
 cipalities, for tlie purposes of rates and taxes, mul luny be looked upon 
 ns proviilini^ that no mntter in what part of the year a by-law iniposiii.if 
 rates and taxes may be passed, tho taxes shall bo considered as im- 
 posed for the whole current year. (See Ford v. IVoudfoof, '.> Gra:it, 
 478 ; Corbilt v. 7'«//^or, 23 U. C. Q. B. 454; see also AfeUixh v. '/7ie 
 Town Council of the Town of JJranffurd, 2 U. C. C. P. 3.5, and note k to 
 sec. Ill, of this act.) 
 
 {!)) See sec. 16-1 of tho Municipal Act and notes thereto. 
 
 (c) See sec. 164 of the Municipal Act am' .lOtes thereto. 
 
 (d) The assessment, as respects real ])roiierty, is the mode ])rovided 
 for ascertaining tho actual value thereof. Jnless followed by the im- 
 position of a rate, it creates no liability. None of tho nietiioils pointe d 
 out by the statute for collectini^ and enforcinj^ payment of a rate can 
 apply until a rate has been actually imposed. {Corhelt v. Taijh)', 23 
 U . U. Q. li. 454.) But the assessment roll, when completed, is the founda- 
 tion of all proceedin<>s with a view to elections or taxation, and all cojiiea 
 and lists ou^iit to correspond witii it, for it is the primary or ori>final 
 roll. (I'er Adam Wilson, J., in Lauffhtenborongh v. McLfini, 14 IT. C. 
 C. I'. 18U.) But while this is so, there is no provision whatever deelar- 
 in<; it to be an offeliee to add to or alter such a roll. (Municipal Act, 
 sec. 188, and notes thereto.) It is the alteration of or iiiterfereiiee with 
 subsequent documertts or papers, made, prepared or drawn out from it, 
 according to or for the pur[)osd of meeting the requirements of the law 
 in regard to municipal elections, which is made criminal. {III.) An 
 assessor is not bound to enquire into the trusts u{)on which lands are 
 held, but to view each man's premises, and to find out whetlsL-r or not 
 he is assessable, or whether or not he comes under any of tho exemp- 
 tions allowed by law {Franchon v. The Vor/mnUioii of St. T/ioimin, 7 
 U. C. L. J. 245) ; and a person improperly assessed as owner, and 
 served with notice of the assessment, may, by omitting to ajipeal, 
 make himself liable as owner. [MeVarratl v. Wotkiim ct uL, \'J L'. C. 
 Q. B. 248.) 
 
Tin: MDNICIPAL MANUAL. 
 
 3cr> 
 
 tlioy slinll set down, iicconliiig to the best in formation to be 
 had : (e) 
 
 1. The names and surnames in full, if tbo same can bo Niuneoof 
 ascertained, in alphabetical order, of all taxable persons resi- ''•'''J'"*''- 
 dent in the Municipality who have taxable property tlierein, or 
 
 in the District for which the Assessor has been appointed j (/) 
 
 2. And of all non-resident Freeholders who have, in writin<:, f/^|j°"*,.. 
 required the Assessor to enter their names and the land owned 
 
 by them in the Roll ; (r/) and 
 
 (r) The duty of an assessor is, under this section, twofoUl: 
 
 1. To niiikc dilij^cnt inquiry for the information su^^geatcd. 
 
 2. To sot the results down according to the best information to be Iiad. 
 If any nssesnor refiine or ner/led to perform any dutj' required of liiiu 
 by tliis oct, ho shall, upon conviction thereof before the Uecordcr'a 
 ('oui't of the city, or before the Court of •General (Juarter Sessions of 
 Uie county in which he is assessor, forfeit to Her Majesty such sum as 
 the court shall order and adjudge, not exceeding one hundred dollars. 
 (8ec. 17fi.) If he nmke an u»ju.st or fvamlulcnt assessment, or wilfully 
 ami fraudulently enter on the roll the name of any person who should 
 not be entered thereon, or indeed xcilfullti omits any duty required of 
 him by this net, ho shall be guilty of a misdemeanor; and upon con- 
 viction thereof before a Court of compo'.ent jurisdiction, shall bo liable 
 to a fine not exceeding two hundred dollars, and to Imprisonment till 
 the fine be paid, or to imprisonment iji the common gaol of the county 
 or cilj- for a period not exceeding six months, or to both; such fine 
 and imprisonment in the discretion of the court. (Hoc. 178.) An 
 assessur convicted of having nuule anj- unjust or fraudulent assessment, 
 shall be sentenced to the greatest punishment, both of fine and impri- 
 sonment, nllowc-d by this act. (Sec. 180.) Proof, to the satisfaction of 
 the jur}', that any real j>ropert,y was assessed by the assessor at an 
 actual value greater or less than its true actual value by thirtj' per 
 centum thereof, shall be pvinvl facte evidence that the assessment was 
 unjust or fraudulent. (Sec. 179.) Both real and personal property should 
 be estimated by assessors at their actual cash value, as they would be 
 appraised in payment of n just debt from a solvent debtor. (Sec. 30.) 
 
 (/) " Taxable persons " may be cither residents or " non-residents," 
 who liave requested their names to be entered on the roll. Tho names 
 and surnames, in full, of all such (if the same can be ascertained) should 
 be entered on the roll, and that in alphabetical ordtr. There cannot 
 be too much particularity in this respect. The roll is, as it were, a 
 judgment roll — tho highest evidence of a debt recoverable by process 
 of a most pummnrj' character. Even the description of persons on 
 the roll as executors or trustees, does not absolve them from personal 
 liability for taxes, or save their own goods from distress for taxes. 
 (Dcnnho7i v. Henry, 17 U. C. Q. B. 27fi.) Persons assessed in a rejire- 
 sentativo character, as trustee, guardian, executor or administrator, 
 shotdd, however, be assessed as such, with the addition to tho name 
 of the representativ3 character. (Sec. 45.) 
 
 (//) A non-resident owner of land can only be assessed in his own 
 name when he makes the request to be so assessed. [Munkijialitu of 
 Jkriln V. Orange, 5 U. C. C. P. 211.) 
 
 ■ 
 

 '^ V"^ 1^ 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 5? 
 
 /. 
 
 // 
 
 ^ A 
 
 > 
 
 V 
 
 ^ 
 
 ,5.^ 
 
 
 '/, 
 
 % 
 
 1.0 
 
 1.1 
 
 1.25 
 
 ^ ^ 12.2 
 
 2? 144 "™ 
 
 1^ »£ 12.0 
 
 WUU 
 
 Photogra{Jiic 
 
 Sciences 
 
 Corporation 
 
 
 
 23 WIST MAIN STMIT 
 
 VmSTIR,N.Y. USM 
 
 (716) •73-4503 
 
^^^ 
 4^^^ 
 
 v.^' 
 
 ^^(0 
 
 <\ 
 
366 
 
 'VHE MUNICIPAL MANUAL. 
 
 Troperty. 
 
 Further 
 particulars. 
 
 3. The description and extent or amount of property asses- 
 sable against each ; (/a) 
 
 4. And such particulars, in separate columns, as follows : (i) 
 Column 1. — The successive number on the roll; 
 
 Column 2. — Name of taxable party; 
 Column 3. — Occupation. 
 
 Column 4. — To state whether the party is a Freeholder or 
 Tenant by affixing the letter " F" or the letter " T," as the 
 
 case may br j 
 
 Column ' . -The age of the assessed party; 
 Column 6. — . {'me and address of the owner, where the 
 party assessed is a tenant only ; 
 
 Column 7.— lumber of Concessiun, name of Street or other 
 designation of tl;o local division in which the real property lies ; 
 
 Column 8. — Number of Lot, House, &c., in such division; 
 
 Column 9. — Number of Acres or other measures, shewing 
 the extent of the property ; 
 
 Column 10. — Number of acres cleared ; 
 
 Colu! m 11. — Value of each parcel of real property; 
 
 Column 12. — Amount of taxable income ; 
 
 Column 13. — Value of personal property; 
 
 (/t) The assessor should so set down the description aixl extent or 
 amount of property assessable against each taxable person. If land, 
 it should be assessed as granted, as subsequently divided, or as actu- 
 ally owned by the party taxable. If the person taxable be the owner 
 of several lots, the lots should bo as much as possible kept distinct, and 
 not unnecessarily thrown together. (Sec note q to sec. 139.) Where 
 tlie property is held by the taxable party in-the character of a trustee 
 or executor, he may be so described. (Sec. 45.) 
 
 ((■) These particulars are required under several acts of Parliament, 
 and several clauses of the same act of .Parliament, with a view to the 
 imposition of taxes ; statistical information, ifec. (Sec, among others, 
 statutes 27 Vic. caj2. 2, sec. 6; 21 Vic. cap. 11», sec. 2; 29 Vic. cap. ;;9, 
 sees. 2, 3, 4.) The information should be diligently obtained, and 
 when obtained carefully entered on tlie roll. So much, for weal or 
 woe, depends on the state of tlie roll, that tlie greatest care should be 
 used in the selection of competent persons to fill the office of assessor ; 
 and these persons, when appointed, should use the greatest dilirjence 
 and accuracy in the performance of their duties. A slovenly assess- 
 ment is often the forerunner of expensive litigation, and is at uU times 
 and under all circumstances a source of trouble and annoyance to all 
 concerned. The rights of electors and their interests as rate-payers 
 raoy alike be jeopardized by carelessness or ignorance in those to 
 whom the law entrusts the discharge of most important duties. (See 
 McCarrall v. Watkins ct al., 19 U. C. Q. 13. 248.) 
 
THE MUNICIPAL MANUAL. 
 
 367 
 
 Column 14. — Total value and amount of real and personal 
 property and taxable income ; 
 
 Column 15. — Number of persons in the family of each per- 
 son rated as a resident ; 
 
 Column 16. — Number of cattle ; 
 Column 17. — Number of sheep j 
 Column 18. — Number of hogs ; 
 Column 19. — Number of horses ; 
 Column 20. — Dogs j 
 Column 21. — Bitches j 
 
 Column 22. — To be headed *' First-class Service Militia 
 Roll ; " 
 
 Column 23. — " Second-class Service Militia Roll ; " 
 Column 24.—" Reserve Militia Roll." 
 
 22, Land shall be assessed in the Municipality in which Land t(. lc 
 the same lies, and in the case of Cities and Towns, in the Ward ^^^f^^ .'". 
 in which the properties lies, and this shall include the land of paiity or "' 
 incorporated Companies as well as other property; (J) and ^^''"'''• 
 when any business is carried on by a person or persons in two 
 
 or more Municipalities, the personal property belonging to p ^, 
 such person or persons shall be assessed in the Municipality in property. 
 which such personal property is situated. (^) 
 
 23. Land occupied by the owner shall be assessed in his when land 
 
 ^js. L ^ to be assBBB- 
 
 name. (^l) ed in owner'! 
 
 name. 
 
 (j) Soe note k to sec. 9. 
 
 (k) Personal property of a person having a shop, factory, office, or 
 other place. of business, must, as a rule, be assessed at the place of 
 business. (Sec. 40.) If several places of business in different muni- 
 cipalities, then according to this section, at the place or places whore 
 situate (sec. 22) for that portion of personal property connected with 
 the business carried on at each. (Sec. 41.) If no place of business, 
 then at the place of residence. (Sec. 42.) 
 
 (1) The word "owner" is here used as a word of a very wide sig- 
 nification. The assessor has nothing to do with the title or trust upon 
 which land is held. Upon seeing land occupied by an apparent owner, 
 the assessor is bound to assess the occupant for it, no matter upon what 
 trust the freehold of the land is held (see Bennison v. Henry, 17 
 U. C. Q. B. 276 ; Franchon v. The Corporation of St. Thomas, 1 U. C. 
 L. J. 245) ; and if the person assessed as owner be served with notice 
 of the assessment, and omit to appeal against it, he will, it would seem, 
 whether owner or not, render himself liable for taxes as owner. 
 {McCarrall v. Watkins, 19 U. C. Q. B. 248.) 
 
^68 
 
 o 
 
 THE MUNICIPAL MANUAL. 
 
 known. 
 
 If laniinnt fi^L- As to land Dot occupied by the owner, but of which 
 th«"owner7 ^^G owncr IS known, and who, at the time of the assessment 
 i.utownor is beinK made, resides or has a lej'al domicile or place of business 
 in the Municipality, or who has signified by writing to the 
 Assessor that he owns the land and desires to be assessed 
 thcrefur, the same shall be assessed against such owner alone 
 if the land is unoccupied, or against the owner and occupant 
 if such occupant be any other person than the owner, (m) 
 
 95. If the owner of the land be not resident, then if the 
 land is occupied, it shall be assessed in the name of and 
 against the occupant and owner, but if the land be not occu- 
 pied, and the owner has not requested to be assessed therefor, 
 then it shall be assessed as land of a non-resident, (h) 
 
 ifianj 20. When land is assessed against both the owner and 
 
 B^aiiift occupant, (o) the Assessor shall place both names within 
 
 If owner 
 noiiri-'siJent 
 line] un- 
 known. 
 
 (/;(.) Tlie owner, if not nn occupant, can only be nsscssoil in his own 
 name, under the circumstances mentioned : 
 
 1. Where the owner is known, and resides or has a legal domicile or 
 
 {)lace of business in the municipality. 
 
 2. Where, though not a resident of the municipality, he has signified 
 
 in writing that he owns the land and desires to be assessed 
 therefor. 
 
 A non-rc.-sident owncr of land can only be pvojjerl y as-^essed in liis 
 own name, when he makes the request here mentioned. {M'lmkipnlitu 
 of Berlin v. Grunge, 5 U. C. C. P. 228 ; S. C. 1 Er. it Ap. 27y.) ikit if 
 (V non-resident be rated as a resident, it by no means follows tiiat tiie 
 assessment is nugatorj'. {DeBlnquicre et ul. v. Bcchr el. al., 8 U. (?. 
 C. P. 1(57.) Where the name ajipears on the roll, the law will prcsmuc, 
 till the contrary be proved, that tlie name was ptit on the roll at his 
 request, (Per Richards, J., in Municipality of Berlin v. Grai^<je, 5 U.C. 
 C. P. 228; sed (ft., per Draper, C. J., in sanie case, 1 Er. & Ap. 289.) 
 It is the duty of the assessor, when notified by a non-resident free- 
 holder of his desire to be on the roll, to put his name on the roll, and 
 enter opposite, to it, in a column for the purpose, the letters " N. 11." 
 and the address of such freeholder. (Sec. 29.) 
 
 (») The meaning of this section is not free from doubt. If land be 
 occupied no doubt it should be assessed in the name of the occupant. 
 If unoccupied and owned by a person living in the Municipality where 
 ho is owner, it may be assessed in his name. But if unoccupied nn.d 
 owned by a non-resident, it can only bo assessed in his name on Ids 
 request in writing. (See note m to sec. 24.) This section provides 
 that if the la..d be occupied " it shall be assessed in the name of and 
 •igainst the occupant and owner." The question is whether this is to 
 be done where the owner is a non-resident of the Municipality and has 
 not requested his name to be entered on the roll. The language of tho 
 section is broad enough to cover all owners, whether resident witliin 
 or without the Municipality. 
 
 (o) See sec. 25. 
 
THE MUNICIPAL MANUAL. 
 
 . 369 
 
 brackets on the Roll, and shall write opposite the name of the owner and 
 owner the letter F, and opposite the name of the occupant the {^e«mayi)e 
 letter T, and both names shall be numbered on the Roll ; (/?) recoverpd 
 provided always that no rate-payer shall be counted more than oraoylwure 
 once in returns and lists required by law for municipal pur- owner or 
 poses ; and the taxes may be recovered from either or from ' 
 
 any future owner or occupant, saving his recourse against any 
 other person, (f/) 
 
 27. When the land is owned or occupied by more persons if undoccu- 
 than one, and all their names are given to the Assessor, they piedbymore 
 shall be assessed therefor in the proportions belonging respec- one. 
 tively to each, (r) and if a portion of the land so situated is 
 owned by parties who are non-resident, and who have not 
 required their names to be entered on the roll, the whole of 
 the property shall be assessed in the names giveu to the 
 Assessor, saving the recourse of the persons whose names are 
 so given against the others. («) 
 
 38. Any occupant may deduct from his rent any taxes when 
 paid by him, if the same could also have been recovered from ^i^l'"'*'*'""^ 
 
 ^, •',,, ., , , aeauct taxes 
 
 the owner, unless there r- a special agreement between the from rent, 
 occupant and the owner to the contrary. (<) 
 
 * 
 
 (p) The omission to follow this direction does not invalidate the 
 assessment. (See DeBlatjuwre et al. v. Becker et al. 8 U. C. C. P. 16.) 
 
 (q) Tlie obligation of the landlord is primA facie to pay taxes. (See 
 sec. 28.) If the tenant agree to pay taxes, the obligation is shifted as 
 between them. But in regard to the Municipality, taxes may be 
 recovered from either, and not only so, but from " any future owner or 
 occupant" saving his recourse against any other person. (See SmitJi, 
 V, Shaw, 8 U. C. L. J. 297 ; Holcomb et al. v. Shaw, 22 U. C. Q. B. 92 ; 
 Warne v. Coiiiter, 26 U. C. Q. B. 111.) 
 
 (r) Where on an assessment roll under the general heading "Names 
 of taxable parties," were entered the names of Ker, William and Henry 
 for two separate parcels of land, and in the proper columns were the 
 letter " F" and " H," and in the columns headed " Owners and ad- 
 dress" opposite to the parcels of land " Wm Ker <fc Bros." it was held 
 that Wm. Ker and Henry Ker, and not " Wm. Ker & Bros." were the 
 persona in whose names the properties were rated. ( The Queen ex ret. 
 McGregor v. Kir, 1 U. C. L. J. 67.) 
 
 («) Sec note q to sec. 26. 
 
 (t) A lessee of a house in * city cannot be asseeaed as an occupant 
 when he no longer occupies, although his term still continues. ( Mc- 
 Carrally.WalkiMetal. 19 U. C. Q. B. 248.) But if assessed as owner, by 
 omitting to appeal, he may be held liable as owner for the purposes of 
 assessment. (76.) The right of an occupant to deduct taxes from 
 rent is given, if the taxes could have been in the first instance recovered 
 from the owner. If between the owner and the occupant there be a 
 
 94 
 
 kitKr 
 
370 
 
 The municipal MA^a•AL, 
 
 . Xisesaois to 
 T^noto non- 
 rexldentg, if 
 roquired, on 
 the roll. 
 
 Property to 
 be estimated 
 at full value. 
 
 SO- The Assessor shall write opposite the iianie of nn;.'' 
 non-resident Freeholder who requires his iiame to be ontertMl 
 on the Roll, («) in the Column No. ii, the- letter.-i •• N. Iv " 
 and the address of such Freeholder, (v) 
 
 30. Real and personal property shall bo estimated at their 
 actual cash value as they would be apprai,sc(J in pajnient of a 
 just debt from a solvent debtor, (a) 
 
 special a^eement to the contrary, of course there will nut be the riglit 
 to deduct taxes from rent. Where defendant took a wrUti'u aii,reeuii'iit 
 for a lease of certain premises, whicU lease was silent as to taxts, but 
 when it was signed, yerbally agreed to pay them, but no lease was 
 ever executed, owing to a disagreement on another point, and defVn- 
 dant occupied the premises for four years, paying taxes for tin .e years 
 without objection. When sued for rent subsecjuently ac ued, he 
 claims to set off the taxes, on the ground that as the agroenunt made 
 no provision for them and could not be added to by verbal evidence. 
 they nlust fall on the landlord. But held that having voluntarilv 
 made the payments in pursuance of his own agreement, even if it were 
 witliout consideration, he could not recover back or set off such pav- 
 msnt. {McAnatmif v. l^cketl, 2a U. C. Q. B. 499.) It is not said In the 
 act when, or from quarter or month, the occupant may deduct the 
 taxes from his rent, and under a similar enactment in England it was 
 held that a tenant could not occupy for several years paj'ing taxes and 
 claim to deduct from his last quarter's rent the whole amount of taxes 
 paid by him during the term {Stubbs v. Parsons, 3 B. & A. 5 1(1), and 
 our act has in one case received a similar construction. ( Wude v. 
 Thompson et al, 8 U. C. L. J. 22.) An ordinary lease under the words 
 in the statute containing a covenant "to paj' taxes," covers a special 
 rate created by a corporation by-law as well as other taxes. (In re 
 Michie and the Corporation of the City of Toronto, II U. C. C. P. 370.) 
 
 {u) A non-resident freeholder cannot be assessed in his own name, 
 unless upon his own request in writing. (See note m to sec, 24.) 
 
 {v) The omission of this direction will not, it is apprehended, in- 
 validate the assessment. {De Blaquiere et al. v. Becker et «/., 8 U. C, 
 C.P. 167.) 
 
 (a) There is nothing that men so much differ about as the value of 
 property. It is, to a great extent, a matter of opinion. Men's 
 opinions on such a subject are very materially affected, more so than 
 they are perhaps aware of, by the point from which thej' consider it. 
 A man who ie impressed with a consideration of how much a thing 
 is worth, will entertain a widely different opinion from him who 
 simply looks at it as a thing to be purchased in expectation of profit 
 whether by the employment of it or selling it again, (Per Draper. 
 C, J,, in McCuaig v. The Unity Fire Insurance Company, 9 U. C. C. P. 88.) 
 Perhaps, after all, the best standard of value is that mentioned in thi^ 
 section — " actual cash value," such as the property would be appraised 
 " in payment of a just debt from a solvent debtor " (See further 
 note s to sec. 179.) But it is no defence to an action for taxes, that 
 the property was excessively rated. (Tlte Municipality of London v. 
 The Great iVeatem Railway Company, 17 U, C, Q. B. 267.) The only 
 remedy in such a case is by appeal to the Court of Revision. [lb.) 
 
THE MUNICIPAL MANUAL. 
 
 371 
 
 31. Ill assessing vacant ground or ground used as a farm, whatsiiHii 
 garden or nursery, and not in immediate demand for building ^®,.^**7and 
 purposes in Cities, Towns or Villages, whether incorporated or and how its' 
 not, the value of such vacant or other ground shall be that at becMouiaVed 
 which sales of it can be freely made ; and where no sales can in "ties, &n. 
 bo reasonably expected during the current year, the assessors 
 shall value such land as though it was held for farming or 
 gardening purposes, with such per centage added thereto as 
 the situation of the land may reasonably call for, (b) and such 
 vacant lands, though surveyed into building lots, if unsold as 
 such, may be entered on the assessment roll as so many acres 
 of the original block or lot, describing the same by ihe descrip- 
 tion of the block or by the number of the lot and concession 
 of the Township in which the same may have been situated, as 
 the case may be; (c) Provided that in such case the number riuvif.... 
 and description of each lot comprising each such block shall 
 be inserted on the Assespaient Roll, and each lot shall be liable 
 for a proportional \* share as to value, and the ahiount of the 
 taxes if the property is sold for arrears of taxes. ((/) 
 
 33. When ground is not held for the purposes of sale, but vhcn n-.i 
 bona fide inclosed and used in connection with a residence or {j'.t'^f^r'^ '"*' " 
 building as a paddock, park, lawn, garden or pleasure ground, ^aniens, &<^^ 
 it shall be assessed therewith at a valuation which at six per 
 centum would yield a sum equal to the annual rental, which 
 in the judgment of the Assessors it is fairly and reasonably 
 worth for the purposes for which it is used, reference being 
 always had to its position and local advantages. («) 
 
 (6) This section in effect divides vacant land into two classes. One 
 class consists of lands of which sales can be reasonably expected during 
 the current year ; ' the other class, of lands of which no sales can be 
 reasonably expected durins the current year. Between the two, there 
 must be a diiference of value, and a difference in the mode of assess- 
 ment. The iirst is to be valued at the price at which sales can be freely 
 made ; the second is to be valued as though held for gardening or farm- 
 ing purposes, with such per centage added thereto as the situation of 
 the land may reasonably call for. Any construction of the act which 
 confounds these two classes abrogates the one or other class, and, if the 
 second, is an evasion of the statute. (See remarks in 9 U. C. L. J. 232.) 
 
 (c) i. e., the second class in the last note mentioned. 
 
 {d) This is essential for the preservation of the relation of the lots 
 to each other, so as properly to adjust the burden of taxation in the 
 event of the sale of some portion for taxes. 
 
 (e) The preceding section provides for the assessment of vacant landi 
 or land used as a farm, garden or nursery, and not in immediate demand 
 for building purposes. This section applies to land not held for pur- 
 poses of sale, but bona fide inclosed and used as a paddock, park, lawn, 
 
372 
 
 THE MUNICIPAL MANUAL. 
 
 .Railway 
 CouipitLk'Sto 
 transmit 
 HDiiual state- 
 uieiit; deH- 
 criliing value 
 of their rml 
 propfirty to 
 Olei k of 
 tuuQJcipality 
 iiud sball be 
 uotiCud of 
 thu iimount 
 lit which 
 they are 
 
 33- Every Railway Company shall annually transmit to 
 the Clerk of every Muaicipality in which any part of the road 
 or other real property of the Company is situate, a statement 
 describing the value of all the re^l property of the Company, 
 other than the roadway, and also the actual value of land 
 occupied by the road in the Municipality, according to the 
 average value of land aa rated on the roll for the previous 
 year in the locality, and the Clerk shall communicate the same 
 to the Assessor; and the Assessor shall deliver at or transmit 
 by post to any station or office of the Company, a notice of the 
 total amount at which he has assessed the real property of the 
 Company in his Municipality or Ward, distinguishing the 
 value of the land oooupied by the road, and the value of the 
 other real property of the Company, (ee) and the statement 
 
 garden or pleasure groaad, used in connection with a residence or 
 uilding ; in which case the valuation is to be, not as for purposes of 
 sale, but for the purpose for which the land is used, reference being 
 had to its position and local advantages. This is to be done by assess- 
 ing such land, with the residence or building, at a valuation which, at 
 six per cent, per annum, would yield a sum equal to the annual rental 
 which, in the jadgment of the assessors, it is fairly and reasonably 
 worth. 
 
 (ee) Duties Me here thrown upon the Railway Company, the Clerk 
 of the Municipality, and the Assessor. 
 
 The Railway Company must annually transmit to the Clerk of every 
 municipality in which any part of the road or other real property of 
 the Company is situate, a statement describing, 
 
 1. The value of all the real property of the Company, other than the 
 
 roadway. 
 
 2. The actual value of land occupied by the road in the municipality, 
 
 according f,o the average value of land as rated on the roll for 
 the prevuras year in the locality. 
 
 The Clerk must oommnnicate the foregoing notice to the Assessor. 
 
 The Assessor must deliver at, or transmit oy post to, any station or 
 office of the Company, a notice of the total amount at which he has 
 assessed the real property of the Company in his municipality or ward, 
 distinguishing the value of the land occupied by the road, and the 
 value of the othM* real property of the Company. 
 
 It is only t^e land occapied by the road (not the superstructure) 
 that is liable to assessment (7%e OrecU Western Railm Company v. 
 Bouse, 16 U. C Q. B. 168); and where the assessors illegally assessed 
 the superstrnctore <tf a nilway as well as the land occupied by it, it 
 was held that the Couqpany might defend an action as to the super- 
 .structure, altfaoatgh «o «|>pe«l haa been made to the Court of Revision, 
 and although the wKole w«s called land in the aaseesment. ( The Muni- 
 cipality of the TovmJship of London v. The Great Western Railway Com- 
 pany, 17 U. C. Q. B. 202.) 
 
 "tXiQ asaeasmenit ef the land must be according to the average value 
 of land in the loMlLty. {Grtat Western Railway Company v. Ferman, 
 8 U. C. C. P. 28U 
 
THE MUNICIPAL MANUAL. 
 
 373 
 
 shall be held to be the statement required by the forty-Nixth 
 section, and the notice required by the forty-ninti section of 
 this Act. (/) 
 
 Nonresident Lands. 
 
 34. As regards the lands of non- residents, wh) have not 
 required their names* to be entered by the Assessor, (jg) the 
 Assessors shall proceed as follows: 
 
 1. They shall insert such land in the Roll, separated from 
 the other assessments, and shall head the same as " Non-resi- 
 dents' Land Assessments ;" (A) 
 
 2. [f the land be not known to be sub^divided it to lots, it 
 shall be designated by its boundaries or other intelligible des- 
 cription ; (t) 
 
 3. If it be known to be sub-divided into lots, or be part of a 
 tract known to be so sub-divided, the Assessors shall designate 
 the whole tract in the manner prescribed with regard to un- 
 divided tracts and if they can obtain correct information of 
 the sub-divisions they shall put down in the Roll, and in a 
 first column, all the unoccupied lots, by their numbers and 
 names alone and without the names of the owners, beginning 
 at the lowest number and proceeding in numerioal order to the 
 highest; in a second column, and opposite to the number of 
 each lot they shall set down the quantity of land therein liable 
 to taxation ; in a third column, and opposite to the quantity, 
 they shall set down the value of such quantity, and if such 
 quantity be a full lot it shall be sufficiently designated as such 
 by its name or number, but if it be part of a lot, the part shall 
 be designated in some other way whereby it may be known, (y ) 
 
 Land of non- 
 resideots, 
 how to be 
 designated 
 and describ- 
 ed Oil the 
 Asgessment 
 Roll. 
 
 Tf the land 
 be known to 
 be sub-divid- 
 ed into lotH. 
 
 The statement from the Railway Compaay to the Municipality need 
 not be in any particular form {lb.) ; and the delivery of the statement 
 by the assessor to the Company, of the amount at which he has assessed 
 the real property of the Company, is necessary to enable the Company, 
 if 'dissatisfied, to appeal, and essential to Ine binding effect of the 
 assessment itself. ( The Municipedity of the Township of London v. The 
 Great Western, Railway Company, 16 U. C. Q. B. 600.) 
 
 (/) See sees. 46 and 49, and notes thereto. 
 
 {g) See note m to sec. 24. 
 
 (A) One roll is all that is now required. In the case of non-residents 
 wlio have not required their names to be entered on the roll, the land 
 only will bo assessed " separated from the other assessments," under 
 the head "Non-residents' Land Assessments." 
 
 (t) If the land be known to be sub-divided into lots, the Bub-divisions 
 should be entered in the roll. (Sub-sec. 3.) But if not known to be 
 so sub-divided, the land must be designated by its boundaries or other 
 intelligible description. 
 
 (;') Three columns are here mac^e necessary on t&e non-resident 
 ids " 
 
 lands part of the roll, showing : 
 
374 
 
 THE MUNICIPAL MANUAL. 
 
 AFUfiSPmBiit 
 dcilo for per- 
 soTial pro- 
 jwrty. 
 
 Manner of Assessing Peusonai. Property. 
 3tS. If the net value of the personal property of any per- 
 son is equal to any of the sums set down in the first column 
 of the following scales, but is not equal to the larger sums set 
 opposite to it in the second column, he shall br assessed for 
 the smaller sum only : (Z;) 
 
 SlOO or more, but under 
 
 How poi'sons 
 deriving n- 
 c'jine from 
 any trade or 
 proffHoiou 
 fhall he 
 assfcssed. 
 
 S200 
 
 do. 
 
 dc 
 
 $400 
 
 $400 
 
 do. 
 
 do. 
 
 $1,000 
 
 81,000 
 
 do. 
 
 do. 
 
 $2,000 
 
 $2,000 
 
 do. 
 
 do. 
 
 $4,000 
 
 $4,000 
 
 do. 
 
 do. 
 
 $10,000 
 
 $10,000 
 
 do. 
 
 do. 
 
 $20,000 
 
 $20,000 
 
 do. 
 
 do. 
 
 $40,000 
 
 $40,000 
 
 do. 
 
 do. 
 
 $60,000 
 
 $60,000 
 
 do. 
 
 do. 
 
 $80,000 
 
 and so forward, the sums thenceforth increasing by $20,000. 
 
 36- No person deriving an income exceeding three hundred 
 dollars per annum from any trade, calling, office, profession, 
 or other source whatsoever, (I) not declared exempt by this 
 Act,(m) shall be assessed for a less sum as the amount of his net 
 personal property than the amount of such income during the 
 
 1. All unoccupied lots by their numbers and names alone, without 
 
 the names of the owners, beginning at the lowest number and 
 proceeding in numerical order to the highest. 
 
 2. The quantity of land in each lot liable to taxation. 
 
 3. The value of such quantity. 
 
 If the quantity be a full lot, it shall be designated as such by it-s 
 name or number. If a purt of a lot, the part shall be designated in 
 some other way whereby it may be known. 
 
 It must be borne in mind that the real estate of oil railway companies 
 is to be considered as the land of residents, although the company may 
 not have an office in the municipality. (Sec 1.) 
 
 (k) As to the meaning of " net personal property" or " net value of 
 personal property," see note / to sub-sec. 20 of sec. 9 of this Act. No 
 person deriving an income exceeding |300 per annum from any trndc, 
 calling, office, profession or other source whatsoever, is to assessed for 
 a less sum as the amount of his net personal property. (Sec. 36.) 
 But personal property under $100, is exempt from taxation. (Sec. 9, 
 yub-sec. 20.) So are annual incomes of |300 and under. (Sec. 9, sub 
 aCC. 21.) 
 
 (l) Annual incomes of $300 and under are exempt from taxation. 
 (Sec. 9, sub-sec. 21.) 
 
 (m) The income of a farmer derived from his farm, is exempt. (Sec. 
 9, sub-sec. 14.) So the stipend or salary of any minister of religion 
 (sec. 9, sub-sec. 22) the official income of the Governor General (sec. 
 9, sub-sec. 11) the annual official salaries of the officers and servants of 
 
THE MUNICIPAL MANUAL. 
 
 375 
 
 jcar then last past, but no deduction sliall be raudo from the 
 <firo89 amount of such income, by reason of any indebtedness 
 save such as shall ecjuiil the annual interest thereof, and such 
 last year's income shall be held to be his net personal pro- 
 perty, unless ho has other personal property to a greater 
 amount, (n) 
 
 37. The personal property tif an Incorporated Company 
 shall not be assessed against the Corporation, but each Share- 
 holder shall bo assessed lor the value of the stock or shares 
 held by him, as part of his personal property, unless such 
 stock is exempted by this Aet ; (o) Provided always, that in 
 Companies investinj: their means in Gas-Works, Water-works, 
 Plank and Gravel Roads, Majiufactories, Hotels, Railways and 
 Tram Roads, Harbours or other works requiring the invest- 
 ment of the whole or principal part of the stock in real estate 
 already assessed for the purpose of carrying on such business, 
 the shareholders shall f nly be assessed on the income derived 
 from such investment. ( ^>) • 
 
 38. The personal property of a partnership shall be assessed Personal 
 a<rainst the firm at the usual place of business of the partner- paJtoerahips 
 ship, and a partner in his individual capacity shall not be t,^,*'lov, 
 assessable for his share of any personal property of the part- agsesBed. 
 nership which has already been assessed against the firm, (q) 
 
 I'ereonal 
 property of a 
 Corporate 
 Company 
 not to b« 
 asaesied. 
 
 Proviso : 
 as to certain 
 Companies. 
 
 the several departments of the Executive Government and of the two 
 Houses of Parliament resident at the Seat of Government (sec. 9, sub- 
 sec. 23) and certain pensions from the Home and Canadian Govern- 
 ments. (Sec. 9, sub-sees. 12, 13.) 
 
 (7() Net personal property is perisonal property, less certain debts 
 (note /to sub-sec. 20 of sec. 9.) No one ia to be assessed for a less 
 sum as the amount of his net personal property than the amount of 
 his income during the past year, and this without deduction by reason 
 of any indebtedness " save such as shall equal the annual interest 
 thereof" It is in another place provided that no abatement shall be 
 made from the amount of income on account of debts due. (Sec. 61, 
 sub-sec. 12.) The latter will probably be held to be the law. 
 
 (o) The stock held by any person in any chartered bank, so long as 
 there is a special tax on bank issue (sec. 9, sub-sec. 16) and the stock 
 held by any person in any railway company (sec. 9, sub-sec. 11) are 
 exempt. 
 
 (/>) Where there is real estate belonging to a compftny such as men- 
 tioned, tlic real estate is subject to taxation, and this boing so it is 
 only fair to assess a shareholder therein on the income, T any, derived 
 from his investment. 
 
 A steamboat is clearly personal property with'n the meaning of 
 this section (/» re Hatt, 7 U, C. L. J. 103) and is prc-perly assessable at 
 
 (?) 
 
376 
 
 As to part- 
 ncmhlpR 
 litving more 
 thnn one 
 buiineit 
 locality. 
 
 Whore par- 
 tieR carrying 
 on trade or 
 biuiuess 
 iihall be 
 aaM88ed for 
 porsonal 
 property. 
 
 If tho party 
 ban two 
 or iiiDro 
 
 Clucas of 
 
 THE MUNICIPAL MANUAL. 
 
 39. If a partnership haa more tbau one place of business^, 
 each branch shall be asses-sod, as far aa may be, in the lucality 
 where it is situate, for that portion of the personal property 
 of the partnership which belongs to that particular branch ; (r) 
 and if this cannot be done, the partnership may elect at which 
 of its places of business it will bo assessed for the whole per- 
 sonal property, and shall be required to produce a certificate* 
 at each of the other places of business, of the amount of 
 personal property assessed against it elsewhere, (rr) 
 
 40. Every person having a Farm, Shop, Factory, Office or 
 other place of business, where ho carries on a trade, profession 
 or calling, shall for all personal property owned by him, 
 wheresoever situate, be assessed in the Township, Village or 
 Ward where he has such place of business at the time when 
 the assessment is made, (s) 
 
 41- If he has two or more such places of business in diffe- 
 rent Municipalities or Wards, he shall be assessed at each for 
 that portion of his pvrsonal property connected with the 
 
 C: 
 
 one of the two places between which in summer it plied and at wliicli 
 all winter it was laid up. {lb.) Where tl>e whole of the partnerslup 
 property is assessed at one place, no partner is tliero liable to ho 
 assessed for his share of the partnership property. But where tlic 
 
 artnership has more than one branch of business, each brancii shall 
 
 e assessed in the locality where situate. (Sec. 39.) 
 (»•) A steamboat is a species of personal property which can only bo 
 assessed as a whole, and although the boat may ply between two 
 points in different counties, its business is not to be understood ns 
 consisting of several branches witiiin tho meaning of this section. (In 
 re Halt, 7 U. C. L. J. 103.) 
 
 (n-) If there can be an assessment at each of tho brtinclu's, sucli 
 assessment is to be made. And it is only when this cannot be done 
 that the partnership may elect at which of its places of business it will 
 be assessed for the whole personal property. 
 
 («) If a person having personal property have no place of business, 
 he shall be assessed at his place of residence. iSec. 42.) Tlie act 
 requires that every person shall be assessed for personal property 
 either at his place of business or place of residence. And if the persons 
 assessed in respect of personal property had neither place of business 
 nor place of residence within the municipality at the time of the assess- 
 ment, the assessment cannot be upheld, (in re Cartwright and the 
 Corporation of the City of Kingston, 6 U. C. L. J. 189 ; In re Hepburn 
 aud Johnston, 1 U. C. L. J. 46 ; Jn re Yarwood, 7 U. C. L. J. 47 ; In re 
 Ashworth, 7 U, C. L. J. 47 ; Mai'r v. The Corporation of the Village of 
 Vienna, 10 U. C. L. J. 276. ) But if business be carried on by a person 
 in two or more municipalities, his personal property must be asses.sed 
 where it is situate (sec. 22), or at each place for that portion of his 
 personal property connected with the business carried on thereat. 
 (Sec. 41.) 
 
THE MUNICIPAL MANUAL. 
 
 377 
 
 business carried on thereat, (t) or if this cann(»t be done, bo 
 shall be assessed for part of his personal property at one and 
 part at another of his places of business, but he shall in all 
 such cases produce a certificate at each place of business of 
 the amount of personal property assessed against him else- 
 vrhere. (n) 
 
 49. If any person has no place of business he shall be 
 assessed at his place of rosidence. (f) ' 
 
 43 Personal property in the sole possession or under tlio 
 sole control of any person as trustee, guardian, executor, or 
 administrator, shall be assessed against such person ;:1 ine.{w) 
 
 44. Til . ii-iQ of personal property owned or possessed ^^' 
 or under the control of more than one person resident in ti.;^ 
 Municipality or Ward, each shall be assessed for his shiuo 
 only; or if they hold in a representative character, then eaeh 
 shall be assessed for an e()uul portion only (a-) 
 
 4«S. When a person is assessed as Trustee. Guardian, 
 Executor, or Administrator, he shall be assessed as such with 
 
 If the party 
 
 hitH nopliici^ 
 ol Imiilliei's, 
 
 In caxe of 
 fxecutorn, 
 Ac. 
 
 St>,i«riito 
 HRHfMmentof 
 joliit owners 
 or pogpeMsnrH. 
 
 I'artioH 
 
 (i) It is provicled by soc. 22 of this net that when any biiHint'ss is 
 carried on by a pftrson in two or inoro municipnlitit's, tlie p'-rsonnl 
 property belonging to such person fiiiiill be nsseased in ti>e munici- 
 pality in which the personal property is situate. Hero it i& provided 
 that under like circuinstanees tlie pei-.son assessable shall bo assessed 
 at each for that portion of his personal pioperty connected with the 
 business carried on thereat. 
 
 («) Where an assessment cannot bo made for a portion of the perr 
 eonal property connected with each branch, then the assosflment shall 
 be for one part at one, and part at another of his places of business. 
 
 (t>) Business or residence in a municipality seems to be the govern- 
 ing point in the assessment of personal property. (Note « to sec. 40.) 
 It is not necessary here to inquire into the reason for placing the 
 assessment of personal property in the munieipalities*in Upper Canada 
 on sucji a footing. It is possible, however, that the Legislature in- 
 tended to place non-residents on a more favourable footing than resi- 
 dents in this respect, with a view of encouraging foreign capital into 
 the Province, and as an inducement to non-residents to invest their 
 money ia public companies formed for local improvements and other- 
 wise. (In re CartwrigM and the Corporation of the City of Kingston, 
 6 U. G. L. J. 189.) 
 
 (u») And his own goods and chattels, in all probability, held liable 
 for the payment of the taxes. (See Daihon v. Hetiri/, 17 U. C. Q. H. 
 276.) The name of the cestui que trust, infant, or legatee, need not in 
 any manner appear on the roll. 
 
 (x) This is the rule as nearly as possible made applicable to part- 
 nerships having several places of business. (See sec. 39.) 
 
378 
 
 THE MUNICIPAL MANUAL. 
 
 to fc«vi» their 
 represeuta- 
 tive rharae- 
 ter attndied 
 to tlioir 
 
 P.irtiorlarij 
 respecting 
 rw»l iiri)|Mrty 
 to ho (loiiver- 
 eil to asst's- 
 soiii ill writ- 
 in/ by thi* 
 p irtles to hi 
 
 US>M'S,-0J. 
 
 Further 
 iiirunjiattan. 
 
 Statwiiiflnts 
 piveii liy par- 
 tii-s not bind- 
 ing; on asses- 
 sors. 
 
 the addition to his name ot his representative character, (a) 
 and such asifessment shall bo carried out in a separate line from 
 his individual assessment, and he shall be assessed for the 
 value of the real and personal estate held by him, whether in 
 his individual name or in conjunction with others in such 
 representative 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 representative cl^a- 
 ractor. (6) 
 
 46. It shall be the duty of every person assessable for real 
 property in any local Municipality, (c) to give all necessary 
 information to the Assessors, and if required by the Assessor 
 or by one of the Assessors if there be more than one, he shall 
 deliver to him a statement in writing, signed by such person 
 (iir by his !io;ent, if the person himself be absent), containing 
 all the particulars respecting the real property assessable against 
 such person which are required in the Assessment Roll ; (d) 
 iiiul if any reasonable doubt be entertained by the Assessor of 
 the correctness of any information given by the party applied 
 to, the Assessor shall require from him such written state- 
 ment, (c) 
 
 47. No such statement shall bind the Assessor, nor excuse 
 him from making due enquiry to ascertain its correctness j and 
 notwithstanding the statement, the Assessor may assess such 
 person for such amount of real property, as he believes to be 
 just and correct, and may omit his name or any property which 
 ho claims to own or occupy, if ihe Assessor has reason to 
 believe that he is not entitled to be placed on the Roll, or to 
 be assessed for such property. (/) 
 
 (rt) An administrator, thongh assessecl in his own name for real pro- 
 perty, is not entitled to qnalify as a member of a Municipal Council on 
 such real estate. {The Qiieen ex rel. Stock v. Davis, 3 U. C. L. J, 128.) 
 
 (h) And though persons be rated in a representative capacity, it 
 seems that their own goods mav be distrained for the taxes. {Deniaon 
 V. Hmrr, 17U. C. Q.-B. 276.) ' 
 
 (c) Tliis section would not apply where the person is assessable for 
 personal property only, 
 
 {(I) \t is, under all circumstances, made the duty of the person 
 assessable to give all necessary information to the assessors. But it is 
 only his duty to deliver a statement wlion required by the assessor or 
 assessors. 
 
 (e) No such statement, however, binds the assessor (sec. 47), nor docs 
 it e.vcuse him from making due enquiry to ascertjiiu its correctness. 
 
 (/) Tiie assessor has a duty to perform, which is to prepare the 
 the roll, " after diligent enquiry." (Sec. 21.) The statement in the 
 
 t i 
 
THE MUNICIPAL MANUAL. 
 
 379 
 
 48. In case any person fails to deliver to the Assessor the Penalty for 
 written statement mentioned in the preceding sections when H^\^e"for 
 required so to do, or knowingly states anything falsely in the making f«iae 
 written statement required to be made as aforesaid, such per- *''»*«°"'"*- 
 son shall, on complaint of the Assessor, and upon conviction 
 
 before a Justice of the Peace having jurisdiction within the 
 County wherein the Municipality is situate, forfeit and pay a 
 fine of twenty dollars, to be recovered in like manner as other 
 penalties upon summary conviction before a Justice of the 
 Peace. (</) 
 
 49. Every Assessor, before the completion of his Roll, ^,"4*„o"t"pt<» 
 shall leave for every party named thereon, and resident or paitiesofthe 
 domiciled, or having a place of busines within the City, Town, wbicVtUeir 
 Village or Township, and shall transmit by post to every non- propBrtie* 
 resident who shall have required his name to be entered""'*'"*'"""' 
 thereon, and furnished his address to the Assessor, a notice of 
 
 the sum at which his real and personal property has been 
 assessed, according to schedule A. (Ji) 
 
 50. The Assessors shall make and complete their Rolls in AtwUattima 
 every year between the first day of February, and suck day, n^tMitnm 
 not later than the fifteenth day of April, as the Council of the shaii jwcom- 
 Municipality appoints, (i) and shall attach thereto a certificate ^ "" • 
 
 preceding section mentioned is intended as an aid to him, but not as 
 an excuse for indolence. He is bound to make due enquiry to ascer- 
 tain its correctness ; and he may then assess the person for such amount 
 of real property as he believes to be just and correct, or wholly omit 
 the name of the person from the roll if not entitled to a place on it, or 
 to be assessed for such property. 
 
 (ff) The penalty of twenty dollars may be enforced in case of: — 
 
 1. Failure to deliver the written statement when requiredby the 
 
 assessor, 
 
 2. Knowingly stating therein anj'thing false. * 
 
 Tl>e penalty may be recovered " on complaint of the assessor." 
 
 (A) The object of this notice is to enable the person for whom in- 
 tended, if dissatisfied with the sum at which his real and personal 
 property has been assessed, to appeal therefrom. Considered in this 
 light, it is of great importance that it should be left or transmitted by 
 post (as the caue may be), according to the direction of the statute. 
 If neglected, it would seem that the Municipal Corporation would not 
 be in a position to enforce payment of the taxes, either by distress or 
 action. { The Municipality of the Township of London v. 7'/te Great 
 Wentei'n Railway Company, 1 6 U, C. Q. B, 600,) 
 
 (i) The duty of the assessors la to n. ke and complete their rolls 
 within the time limited for the purpose. It is of the utmost importance 
 that public officers should fulfil their dities by the times limited in the 
 
380 
 
 THE MUNICIPAL MANUAL. 
 
 CiTtifloite to 
 be attached 
 to roll. 
 
 sicrned by thera respectively, and verified upon oath or aflfirma- 
 tion, in the form following: (_/) 
 
 "I do certify that I have set down in the above Assessment 
 iloll all the real property liable to taxation, situate in the 
 Township, Village or Ward of (as the case may he) and the 
 true actual value thereof in each case, according to the best of 
 my information and judgment ; and also that the said Assess- 
 ment Roll contains a true statement of the aggregate amount 
 of the personal property, or of the taxable income, of every 
 party named in the said Roll ; and that I have estimated and 
 set down the same according to the best of my information 
 and belief; and I further certify that I have entered therein 
 the names of aP the resident householders and freeholders, 
 and of all other freeholders who have required their names to 
 be entered thereon, with the true amount of property occupied 
 or owned by each, and that T have not entered the name of 
 * any person whom I do not truly believe to be a householder, 
 
 tenant or freeholder, or the bona fide occupier or owner of 
 the property set down opposite his name, for his own use and 
 benefit." 
 
 AspeFBmcnt gi. Every Assessor shall deliver to the Cleik of the 
 di'iiveied up Municipality the Assessment Roll completed and added up, 
 
 act for the performance thereof. The whole machinery of niunicipnl 
 government assumes that certain things ore done by certain days in 
 the municipal .year, ao that other things may in their order follow, 
 "^tunicipal officers cannot, therefore regard provisions as to time with 
 too mucli strictness. Neglect to do so is penal (sec. 176), and wilful 
 omission is visited with severe consequences. (Sec. 179.) But if 
 the thing required to be done within the time limited be not done, it 
 does not follow that it cannot afterwards be done. It is, no doubt, 
 important that it should be done within the time limited; but it is 
 still more important that it should be done;, and therefore if, owing to 
 some uncontrollable circumstances, it is not done on the proper day, it 
 ought, if is to be presumed, to be done on the next or some otlier day, 
 (Per Pollock, C. B., in hatU v. Ilibbs, 5 H. A N. 126.) So far as tlio 
 public interests are concerned, the act may be looked upon as directory. 
 (The King v. The Mayor of Nbrmch, 1 B. A Ad. 310 ; The Queen v. The 
 Mat/or of Rochester, 6 El. <fe B. 710.) But so far as the officers whose 
 duty it is made to do the things within a limited time, the act may be 
 construed as imperative. {Hunt v. Hibbs, 6 H. i& N. 126.) 
 
 {j) Not only is the thing to be done within a time limited, i. e., 
 " between the first day of February and such day, not later than tlio 
 fifteenth day of April, as the Council of the Municipality appoints," 
 but in a particular manner " certified and verified upon oath or affirma- 
 tion in the form given." Neglect of any duty required of an assessor 
 subjects him to criminal prosecution. (See note i.) Wlien certified and 
 verified as directed, it is the duty of the assessor to deliver the roll to 
 the Clerk of the Municipality. (Sec. 51.) 
 
' 
 
 THE MUNICIPAL MANUAL. 
 
 381 
 
 with the certificates and affidavits attached ;{k) and the Clerk to cierk of 
 shall thereupon file the same in his office, and the same shall, '"""'"'P*'"/ 
 at all convenient office hours, be open to the inspection of all To be open 
 the Householders and Freeholders resident or owning pro- '° "*'*^' "'* 
 perty in the Municipality. (/) 
 
 Couax or Revision and Appeals. 
 tS3. If the Council of the Municipality consists of not ''^?"fl' 
 more than five members such five members shall be the members 
 Court of Revision for the Municipality, (m) ""'y- 
 
 •S3. If the Council consists of more than five members, ifofmora 
 such Council shall appoint five of its members to be the **"*°*''®' 
 Court of Revision, (n) 
 
 (k) Seo sec. 50 and notes thereto. 
 
 (/) One object of the delivery of the roll to the Clerk, so far as 
 this section is concerned, is tliat the same may be filed and open to 
 the inspection of all the householders and freeholders resident or 
 owning property in the Municipality. This is in order to enable the 
 persons designated for themselves and of themselves to examine the 
 roll, and if not found correct to appeal against the same in the manner 
 directed and within the time limited for the purpose. (Sec. 61.) 
 
 (m) All courts are bounded and circumscribed by certain laws and 
 stated rules, to which in all their proceedings and determinations 
 they must square themselves. (Bacon's Abridgment, Courts, D. 1.) 
 So inferior courts — such as Courts of Revision — are bounded in their 
 original creation to matters within the jurisdiction for which they 
 were created. (lb. D. 4.) The jurisdiction of Courts of Revision 
 is to " try all complaints in regard to persons being wrongfully 
 placed upon or omitted from the roll, or being assessed at too high or 
 too low a sum." (Sec. 59.) Power is given to the court to summon 
 witnesses, and to administer oaths to witnesses before giving their 
 evidence. (Sees. 57,»68 ) It is the duty of the court when a person 
 appeals against an assessment, to decide the complaint either one way 
 or the other. ( TVte Law Society of Upper Canada v. ?%e Corporaliim 
 of the City of Toronto, 25 U. C. Q. B. 199.) Abstaining from decision is 
 no determination of the matter of appeal, (Per Draper, C. J., lb. ) The 
 person appealing is entitled to a decision on his appeal before he can 
 be made liable to pay any taxes in respect of the assessment against 
 which he appeals. Until decided, the assessment is, as it were, with- 
 drawn from the assessment roll. (76. per Morrison, J.) Some act of 
 the court would, it eeoma, be necessary before a decision could be said 
 to be given, (^tb) The dismissal of on application upon the making 
 of it might be held a sufHcient decision for the purposes of the act. 
 {In re Judge of tlie i^unty Court of the County of Perm, 12 U. C. C. P. 
 252.) All decisions should be made, and duties of the court in re- 
 spect thereof performed, before 1st of June in each year. (Sec. 60.) 
 But under special circumstances th(>re may be appeals at other times 
 — sometimes to the Court and sometimes to the Council. (See sees. 
 63, 65, and 124.) 
 
 (») Township Councils consist only of five members (Municipal 
 
382 
 
 THE MUNrcIPAL MANUAL. 
 
 Three to be a 
 quorum. 
 
 The Clerk, 
 •who to be. 
 
 Court may 
 meet ami 
 adiourufrom 
 time to time 
 at pleasure. 
 
 The court 
 may admia- 
 iBter oalhs 
 and summon 
 
 wilm-hpeN. 
 
 Pen.-ilty on 
 
 WitllfBPPS 
 
 who refuse 
 to iUti'ud. 
 
 54- Three members of the Court of Revision shall be a 
 quorum, and a majority of a quorum shall decide all ques- 
 tions before the Court, (o) 
 
 S5. The Clerk of the Municipality shall be Clerk of the 
 Court, and shall record the proceedings thereof, {p) 
 
 «S6- The Court may meet and adjourn, from time to time, 
 at pleasure, or may be summoned to meet at any time by the 
 Head of the Municipality, (j) 
 
 S7. The Court, or some member thereof, shall administer 
 an oath to any party or witness before his evidence can be 
 taken, and may issue a summons to any witness to attend 
 such Court. (/•) 
 
 38. If any Witness so summoned fails to attend (having 
 been tendered compensation for his time at the rate of fifty 
 cents a day), he shall incur a penalty not exceeding twenty 
 dollars, to be recoverable, witli co.sts, by and to the use of the 
 Municipality, in any way in which penalties incurred under 
 any By-law thereof may be recovered, (s) 
 
 Act, sec. 66, sub-sec. 6) ; but councils of other corporations may ov 
 may not have a greater number of members according to circum- 
 stances, {lb. sec. 66, sub-sees. 1, 2, 3, and 4.) If only of live mem- 
 bers, then such five constitute the Court of Revision. (Sec. 62.) If 
 of more than five members, the Coimcil must appoint five of its 
 members to be the Court of Revision. (Sec. 63 ) The number five 
 is convenient, and three forms a quorum. (Sec. 54.) 
 
 (o) The court is made to consist of five monibers. (Sees. 62, 58.) 
 I?ut all need not be present. Three form a quorum, and " a majority 
 of a quorum " may decide all questions before the court. So that if 
 there be only three present, and of these one dissenting, two may 
 decide all questions before the court. 
 
 (p) AU the duties as Clerk of the Court are not here detailed. No 
 doubt he would be subject to regulations made for liis guidance by 
 the court. But his principal duty is to record the proceedings of the 
 court, and that duty is here expressed. He would not have power to 
 administer an oath to a witness. (Sec. 57.) 
 
 (q) The power to adjourn is an implied power of every court. If 
 adjourned sine die, it may be summoned to. meet by the llead of the 
 Municipality. 
 
 (r) A witness cannot be compelled to attend unless when summoned, 
 paid, or tendered compensation, at the rate of fifty cents per day, 
 (Sec. 68.) If he attend, the oath must be administered to him by 
 the court or some member thereof (Sec, 67.) The clerk does not 
 appear to have power to administer the oath. 
 
 (.s) The duty of a witness when summoned is to attend court. But 
 that dnty is not made compulsory unless when summoned he be paid 
 
 1 
 
THE MUNICIPAL MANUAL. 
 
 883 
 
 59. At the times or time appointed the Court shall meet The Court 
 and try all complaints in regard to persons being wrongfully J^m^^intgof 
 placed upon or omitted from the roll, or being assessed at too wrongful 
 
 {.•I f 1 /.\ assessment, 
 
 high or too low a sum. (t) 4c. 
 
 60. All the duties of the Court of Revision which relate The court 
 to the matters aforesaid, shall be Completed and the Rolls business ily 
 finally revised by the Court before the first day of June in ♦hoit't June, 
 every year. (?<) 
 
 nt the rate of fifty cents a day. This is intended as compensation for 
 his time. When tliis has been done he is bound to attend, or submit 
 to a penalty " not exceeding twenty dollars." 
 
 (<) The statutory jurisdiction of the court is here conferred. The 
 court cannot exceed it. (See note m to sec. 62.) It is one with a 
 limited authority created for particular purposes, viz., to try all 
 complaints in regard to persons — 
 
 1. Wrongfully placed upon the roll. 
 
 2. Unlawfully omitted from the roll. 
 8. Assessed at too high A sum. 
 
 4. Assessed at too low a sum. 
 
 (m) So far as the court is concerned, this section would appear to 
 be imperative. But so far as the public is concerned, it may be held 
 to be only directory. (See note i to sec. 50.) Where an act is re- 
 quired to be done for the public good, and there has been a wrongful 
 omission to do it, and a serious inconvenience will arise from its not 
 being done, a superior court of law has the power of ordering it to 
 be done under the prerogative writ of mandamus. (Per Lord Camp- 
 bell, C. J., in The Queen v. The Mayor and Assessors of Rochester, 
 7 £1. & B. 924.) Of this we have a well known instance in The 
 King v. Sparrow, 2 Str. 1123, where Overseers of the Poor not having 
 been appointed for a parish ae the statute requires, " in Eastei week 
 or within one month after Easter," a mandamus was granted after 
 the expiration of that time to Justices to appoint Overseers of the 
 Parish, and the appointment having been made was adjudged to be 
 valid. This decision has been frequently recognized and acted 
 upon. There can be no doubt that for the public good, and to 
 effectuate the intention of the Legislature, the revision, though the 1st 
 June have passed without it, ought still to take place. The proper 
 course wor.ld. probably be to apply for a mandamus to the head of the 
 Council to summon a Court to meet, under the authority given him by 
 sec. 56, with a view to hear and determine the matters complained of, 
 due notices being first given to the respective parties. (Per Morrison, 
 J., in The Queen v. The Court of Revision of Cornwall, 25 U. C. Q. B. 
 292.) Possibly the writ might be directed to the Court, or members 
 composing it ; for though not a corporation, they constitute, as it were, 
 a standing and perpetual tribunal within the municipality. (Per Lord 
 Campbell, C. J., in The Queen v. The Mayor and Assessors of Rochester, 
 1 El. & B. 925.) The court may, at its option, after the first of June, 
 receive and decide upon the petition from any person assessed for a 
 tenement which has remained vacant during more than three months 
 in the year for which the assessment has been made, or from any per 
 
384 
 
 THE MUNICIPAL MANUAL. 
 
 Courne of 
 proreediDg 
 ill the trial 
 ofcompliilnta 
 
 Notice of 
 coraplHlnt 
 by party 
 
 aggrieved. 
 
 If an elector 
 thiukH a per- 
 son haH been 
 assessed at 
 too low or 
 too high a 
 jate. 
 
 61- The prooeediDgs for the trial of coinplaiuta shall be as 
 follows : (a) 
 
 1. Any person complaining of an error or omission in regard 
 to himself, as having been wrongfully inserted on or omitted 
 from the Roll, or as having been undercharged or overcharged 
 by the Assessor in the Roll, may, personally or by his agent, 
 within fourteen days after the time fixed for the return of the 
 Roll, give notice in writing to the Clerk of the Municipality, 
 that he considers himself aggrieved for any or all of the causes 
 aforesaid j (U) 
 
 2. If a Municipal elector thinks that any person has been 
 assessed too low or too high, or has been wrongfully inserted 
 on or omitted from the Roll, the (Merk shall, on his request in 
 writing, give notice to such person and to the Assessor, of the 
 time when the matter will be tried by the Court, and the 
 
 son who declares himself, from sickness or extreme poverty, unable to 
 pay tlie taxes, or who, by reason of any gross ormanifest error on the 
 roil as finally passed by the court, has been overcharged more than 
 tvrenty-five per cent, on the sum he ought to be charged. (Sec. G3.) 
 
 (a) The procedure directedhy the statute should be strictly followed. 
 {The Queen, v. T/te Court of Revision of the Town of Cornwall, 25 U. C. 
 Q. B. 286.) 
 
 (/>) Every assessor before the completion of his roll, and therefore 
 before the return of it, mast leave for every party named therein and 
 resident or domiciled or having a place of business within the muni- 
 cipality, and transmit by post to every non-resident who shall have 
 requested his name to be entered thereon and furnished his address to 
 th? assessor, a notice of the sum at which his real and personal pro- 
 perty has been asseasod. {Sec. 49.) If upon inspection of it the 
 person assessed finds, in regard to himself, an error or omission of the 
 description mentioned in this sub-section, he must within fourteen days 
 after the time fixed for the return of the roll (see sec. 50) give notice 
 thereof in writing to the Clerk of the municipality, that he con- 
 siders himself aggrieved for any or all of the eaufies mentioned in thirj 
 sub section. If the notice required by sec. 49 has not been served 
 upon him, his assessment might be held invalid. ( The Municipality 
 of the Township of London v. The Great Western Railway Company, 
 IC U. C. Q. B. 500.) Bat if the notice be served and he either omit 
 to appeal within the time herein limited, or wholly omit to do so, the 
 assessment would bind him. {McCarrall v. Walkins, 19 U. C. Q. B. 248.) 
 In the case of palpable «rrors needing correction, the Court may extend 
 tlie time for making the complaints ten days further. (Sub-sec. 4.) 
 The Court may witnout notice receive and decide upon the petition 
 from any person sseessed for a tenement which has remained vacant 
 during more than three months in the year, for which the assessment 
 has been made, or firom any person who declares himself from sicknens 
 or extreme poverty, unable to pay his taxes, or who by reason of any 
 gross or manifest error in the roll, has been overcharged uiore than 
 tweaty-five per cent, on the sum he ought to be charged. (Sec. 63.) 
 
THE MUNICIPAL MANUAL. 
 
 385 
 
 matter shall be decided Id the same manner as complaints by 
 a person assessed ; (f) 
 
 3. The Clerk of the Court shall post up in some convenient cierktogWe 
 and public place within the Municipality or Ward, a list of all p^HSg^'Jp 
 complainants on their own behalf against the Assessors' return, "st- 
 and of all complainants on account of the assessment of other 
 persons, stating the names of each, with a concise description 
 
 of the matter complained against, together with an announce- 
 ment of the time when the Court will be held to hear the com- 
 plaints; but no alteration shall be made in the Roll, unless 
 under a complaint formally made according to the above pro- 
 visions; ((/) 
 
 4. When it shall appear that there are palpable errors, which Extension of 
 need correction, the Court may extend the time for making puints. "*" 
 complaints ten days further, and may then meet and determine 
 
 the additional matter complained of, and the Assessor may for 
 such purpose be the complainant; (e) 
 
 (c) Persons assessed may not only, under the preceding sub-section, 
 complain of errors or omissions in regard to themselves, but under this 
 sub-section any municipal elector thinking that any person has been 
 assessed too high or too low, may make a complaint, in which event, 
 ho the complainant should in writing request the Clerk to notify the 
 person complained against, and the assessor, of the time when the 
 matter will be tried by the Court, and it will be the duty of the Clerk 
 to do as requested. 
 
 (d) The list should give : 
 
 1. The names of all complainants on their own behalf, against the 
 
 assessor's return. 
 
 2. The names of all complainants on account of the assessment of 
 
 others. 
 
 3. A concise description of the matter complained against. 
 
 Together with an announcement of the time when the Court will be 
 held to hear the complaints. (See sub-sec. 5 as to form of list.) It is 
 also the duty of the Clerk to advertise in a newspaper the time at which 
 the Court will hold its first sitting (sub-sec. 6), and cause to be left 
 at the residence of the assessor a list of all the complaints respecting 
 his roll (sub-sec. 7) and notify each person in respect of whom a com- 
 plaint has been made (sub-sees. 7, 8, 9, 10) all which must be at least 
 six days before the sitting of the Court. (Sub-sec, 11.) 
 
 (c) Ordinary complaints should be made " within fourteen days after 
 the time fixed for the return of the roll." (Sub-sec. 1.) But as regards 
 *' palpable errors which need correction," the Court may under this sub- 
 section, extend the time ten days further. For such purposes the 
 assessor may be complainant. If complaints be made the Court may, 
 pursuant to the adjourument, meet and determine the additional matter 
 complained of. 
 
 25 
 
386 
 
 THE MUNICIPAL MANUAL. 
 
 Form of 
 notice. 
 
 List. 
 
 The Clerk to 
 advertise. 
 
 To leave a 
 list with the 
 
 assegaor. 
 
 To prepare 
 notice to 
 person 
 compliiinej 
 against. 
 
 Form. 
 
 Service to be 
 at residence. 
 
 5. Such list may be in the following form : (y) 
 
 Appeals to bo heard at the Court of Revision, to bo held at 
 , on the day of , 18 — . 
 
 Appellant. Respcctini^ whom. Matter complained of. 
 
 A. B Self Oveichavtiod on land. 
 
 C. D E. F Name omitted. 
 
 G. H J. K Not bond Jide owner 
 
 or occiiiiant. 
 
 L. M N. Personal property un- 
 
 &0. &c. dorehar^oti. 
 
 6. The Clerk shall also advertise in some newspaper, pub- 
 lished in the City, Town, Village or Township, or if there be 
 no such paper, then in some newspaper published at the nearest 
 place in the County at which one is published, the timo at 
 which the Court will hold its first sitting for the year ; (g) 
 
 7. The Clerk shall also cause to be left at the residence 
 of each Assessor a list of all the complaints respecting his 
 Roll ; (h) 
 
 8. The Clerk shall prepare a notice in the form following, 
 for each person with respect to whom a complaint has been 
 made : (i) 
 
 Take notice, that you are required to attend the Court of 
 
 Revision at , on the day of , in the matter of 
 
 the following appeal : 
 
 Appellant: G. H. 
 
 Subject — That you are not a bond, fide owner or occupant, 
 (or as the case may be.} 
 
 (Signed) X. Y., 
 
 ToJ. K. Clerk. 
 
 9. If the person resides or has a place of business in the 
 local Municipality, the Clerk shall cause the notice to be left 
 at the person's residence or place of business; (j) 
 
 (/) It is said that the list may, not shall, be in the form given, but 
 no departure without good reason should be made from a statutable 
 form. 
 
 (ff) The only thing necessary to be advertized, is, it will be observed, 
 "the time at which the Court will hold its first sitting for the year." 
 
 (/i) This is to apprize the assessor of the cause of complaint, in order 
 that ho may at the proper time, be prepared to meet it or explain it. 
 
 (t) See note f ante. 
 
 (j) The preparation of the notice directed by the preceding sub- 
 section would be of little worth, unless the notice, when prepared, 
 were in some way or other commitnicated to the parties concerned. 
 
TftE MUNICIPAL MANUAL. 
 
 3SY 
 
 10. Or if tho person be not known then to be left with 
 ^ome grown person on the assessed premises, if there be any 
 such person there resident^ or if the person be not resident in 
 the municipality, then the notice to be addressed to such per- 
 son through the Post Office ; (A;) 
 
 11. Every notice hereby required, whether by publication, 
 advertisement, letter or otherwise, shall be completed at least 
 six days before the sitting of the Court ; {I) 
 
 12. If the party assessed complain in person, or by his 
 agent of an overcharge on his personal property or taxable 
 income, he, or his agent may appear before the court and make 
 a declaration in the forin following:' — " I A. B., do solemnly 
 declare that the true value of all the personal property, (or 
 amount of taxable income, as the case may be) assessable 
 against me (or against me as Trustee, Guardian, Executor, &c., 
 or against 0. D., for whom I am agent, as the case may Je) 
 after deducting the just debts due by me (as such trustee, &c., 
 or by C. D.) does not to the best of my knowledge and belief 
 exceed the sum of -- — ^ dollars {and if the declaration be 
 viade by an agent, add) and that I have the means of knowing 
 and do know, the extent and value of the personal property 
 '(ftr the amount of income) assessable against C. D."— -No 
 abatement shall be made from the amount of income on ac- 
 count of debts due ; And the Court shall, thereupon, enter the 
 person assessed at such an amount of personal property (ni) or 
 
 In case of 
 nlisentfe.o. 
 how Kcrved 
 
 S<;rvlce to be 
 six d:i}-s. 
 
 Appearunce 
 and Uerlara- 
 tion of per- 
 Bonsdeeminj; 
 
 tfaeiDSl'lVLM 
 
 or any 
 
 per«oii for 
 whom the/ 
 Rut, ovor- 
 chaririid nii 
 pursiiiiiil 
 property. 
 
 Klfi'ct of 
 d«cl!ii'atioii 
 
 If the person intended to be notified, reside or have a place of busi- 
 ness in tho municipality, it will be sufficient if the notice be left at his 
 1'csidence or place of business. If a non-resident, it will be sufficient 
 to address the notice to him through the post office. (Sub-sec. 10.) If 
 not known, the notice may be left with some grown person on the 
 assessed premises. (Sub-sec. 10.) 
 
 (k) See preceding note. 
 
 (I) Where a statute says 6, thing shall be " so many days at least,'^ 
 Tjefore a given event, the day of the thing done and that of tho event, 
 must be both excluded in tho computation of the time. {T/ie King v. 
 The Justices of Shropshire, 8 A. «fe E. 173.) If no proper or sufficient 
 notice have been given, the parties by appearing to object to the want 
 or sufficiency of the notice, do not waive the objection. ( The Queen v. 
 The Corporation of the Toim of Ciyrnwall, 25 U. C. Q. B. 286.) The 
 neglect or failure of the Clerk to give the notices made necessary by 
 this section, n;ay have the effect of preventing complaints from beinir 
 heard. (i&.) 
 
 (m) Net personal property is personal property, less certain debts, 
 (note / to sub-sec. 20 of Sec. 9.) No one is to be assessed for a less 
 sum as the amount of his personal property than the amount of his 
 income daring the past year, and this without deduction by reason of 
 

 388 
 
 THE MUNICIPAL MANUAL. 
 
 ■WilluUjfiilfie 
 du^Uraiixn 
 ■. (1 l>e perjury 
 
 Jn other 
 cases the 
 Court to de- 
 termine, Ac. 
 
 ■When to pro- 
 ceed exparte. 
 
 >*i 
 
 taxable income, ns is specified in the declaration, and no more; 
 and if any party makes a wilfully false statement in any such 
 declaration, ho shall be guilty of a misdemeanor, and shall be 
 punished aa for perjury ; 
 
 18. In other cases the Court after hearing upon oath the 
 complainant and the Assessor or Assessors and any witness 
 adduced, shall determine the matter and confirm or amend the 
 Roll accordingly ; (n) 
 
 14. If either party fails to appear, either in person or by an 
 agent, the Court may proceed ex parte, (o) 
 
 The roll as 09. The lloll OS finally passed by the Court, and certified 
 
 ed totinT ^y '^® Clerk, as so passed, shall be valid and bind all parties 
 
 nil rarties concerned, notwithstanding any defect or error committed in 
 
 or with regard to such Roll, (/>) except in so far as the same 
 
 any indebtednesa, " save such as shall equal the annual interest 
 thereof." (Sec. 36.) Here it is declared that no abatement shall be 
 made from the amount of income on account of debts due. The t,wo 
 enactments are inconsistent, and the latter will probably be held to 
 prevail. But the form of oath has not been altered to meet the 
 altered state of the law in this respect. 
 
 The value of personal property, less such debts as moy be deducted, 
 or amount of income without ueduction for debts, if the assessment 
 be disputed, must be determined by the declaration of the porty com- 
 plaining. In other cases the court has a discretion, after hcarini^ all 
 the evidence, to decide according to the best of their judgment. (Sub- 
 sec. 13.) But in cases under tins sub-section, the court is bound by 
 the declaration of the party complaining. When the declaration is 
 made, it is the duty of the court, without further inquiry, to enter the 
 person complaining " at such an amount of personal property or tax- 
 able income as is speciiied in the declaration, and no more. If the 
 declaration be wilfully false, the remedy under the sub-section is a 
 criminal prosecution for an offence in the nature of perjury. The 
 declaration may be made by an agent. 
 
 (n) In ordinary cases the court, like all other courts, hears all the 
 evidence adduced bearing upon the sulMect of inquiry, and then upon 
 the whole case determines the matter of inquiry. The only exception 
 to this rule, as regards Courts of Revision, is pointed oat in the pre- 
 ceding note. 
 
 (o) It should be the duty of the court, before proceeding i,.c parte 
 under this section, to ascertain whether or not due notice has been 
 given to the respective parties. (Per Morrison, J., in The Queen v. 
 The Court of Jievision of the Corporation of the Town of Cornwall, 
 25 U. C. Q. B. 292.) If the notices be insufficient, the ex parte pro- 
 ceedings of the court would probably be held null and void, {lb.) 
 
 (p) The roll, though passed by the Court, <bc., is not binding on 
 the parties where the assessment is wholly illegal. {TJie Municipality 
 of London v. The Oreat Western Railway Company, if U. C. Q. B. 264; 
 maw v. Shaw, 1 2 U. C. C. P. 469 ; 37te Municipality of Berlin v. Grange, 
 
THE MUNICIPAL MANUAL. 
 
 389 
 
 may be further amended, on appeal to the Judge of the County 
 Court, (^q) 
 
 03- The Court shall also, before or after the first day of Further 
 June, (r) and with or without notice, (s) ret<»ive and decide •J"*^ "d to 
 upon the Petition from any person assessed foi a tcncnement court of 
 which has remained vacant during more tba>.' three months remlt}?ng'or 
 in the year for which the assessment has becu made, or from reducing 
 any person who declares himself, from sickness or extreme 
 povery, unable to pay the taxes, or who, by reason of any gross 
 and manifest error in the Roll as finally passed by the Court, 
 has been overcharged more than twenty-five per cent, on the 
 sum he ought to be charged, (u) and the Court may, subject 
 
 1 Er. & Ap. 285 ; see further, McCarroll v. Watkins, 19 U. C. Q. B. 248.) 
 If people were obliged to submit to an arbitrary mode of maicin^ the 
 assessment, and so compelled to go to the Court of Revision for redress, 
 rather than take the opinion of the law courts upon the illegal act of 
 the assessor, it might lead to great inconvenience and hardship, besides 
 holding the door open to injustice being perpetrated by assessors (per 
 Burns, •/., in The Municipality of London v. The Cheat Western Railway 
 Company, 17 U. C. Q. B. 266; see also The Law Society of Upper 
 Canada v. Tfie Corporation of the City of Toronto, 26 U, C. Q. B. 199.) 
 Nor would the decision of the County Judge, it seems, be binding in 
 the coses of illegal assessment. ( Great Western Railway Company v. 
 Rouse, 15 U. C. Q. B. 168 ; Sed qu. see sec. 70.) The County Judge, on 
 an nppeni from the Court of Revision, confirmed the value of the station 
 house of the defendants, subject to the question, whether the same 
 could be assessed in addition to the land, leaving this for the determi- 
 nation of a higher court. Held, that this was in effect a confirmation 
 of the assessment, there being no provision for a review. ( City of 
 Toronto v. <f. W. Railway Co., 25 U. C. Q. B. 670.) The roll in other 
 cases, as finally passed, &c., is declared valid and binding on all parties 
 concerned, notwithstanding any defect or error committed in or with 
 regard to such rolL But if afterwords gross and manifest error be 
 alleged resulting in an overcharge of more than twenty-five per cent., 
 the Court may at any time receive and decide upon the petition of the 
 party aggrieved. (Sec. 63.) 
 
 {q) The Court of Queen's Bench refused to interfere by mandamus, 
 to compel a municipal council to alter the assessment of applicants 
 property as settled on appeal by a Court of Revision, (in re Dickson 
 and the Municipal Council of the Village of Gait, 10 U. C. Q. B. 395.) 
 . (?') It is the duty of the Court in ordinary cases, to complete their 
 duties before the mrst of Jnne in each year. (Sec. 60.) 
 
 (s) In ordinary cases there must be notice in writing given within 
 fourteen days after the time fixed for the return of the roil. (Sec. 61, 
 sub-sec. 1.) 
 
 The mode of procedure pointed out is by petition, and it is appre- 
 hended, it is the only proper mode of procedure in cases falling within 
 this section. 
 
 («) The classes of persons entitled to avail themselves of the pro- 
 visions of this section, are three, viz. : • 
 
rjoo 
 
 Pni'tl-8 UIs- 
 untlnficd 
 
 Willi lllH'IsllOJ 
 
 of Court of 
 Hevixiiin 
 nny itp;wnl 
 
 to jlli|l{«0f 
 
 Coiin'y 
 Ciiurt, and 
 in wliat 
 mnaner and 
 
 'ITIE MUNICIPAL BrANTTAL. 
 
 to the provisions of any By-law in this behalf, remit or reduce 
 the taxes due by nny such person, or reject the Petition ; nnd 
 the Council of uny Local Municipality niuy, from time to time 
 make such By-laws, and repeal or amend the same, (i;) 
 
 ArPEAIfi FROM THE CoUIlT OF ReVISIOV. 
 
 04. If a person bo dissatisfied (a) with the decision of tlic 
 Court of Revision, (t) ho may appeal therefrom, (c) in wliic-li. 
 case — 
 
 1. lie shall within three days after the decision, in person 
 or by Attorney or Agent, serve upon the Clerk a wiittcii' 
 notice of his intention to appeal to the County Jud>;c iu' 
 Counties, and in Cities to the Kecorder ; (d) 
 
 1. A person assessed for ft tenement wliich has rcmnincd vncnnt 
 
 during more than three months in the year for which tlio 
 assessment has been made. 
 
 2. A person who declares himself, from sickness or extreme povei-tj', 
 
 unable to pay the taxes. 
 
 3. A person who by reason of any gross and manifest error in the 
 
 roll, as finally passed by the Court, has been overcharged more 
 thnn twenty-five per cent,, on the sum he ought to bo charged. 
 (v) The Court is bound to receive nnd decide upon the petition of 
 a person coming within the meaning of this section. (See note m to 
 sec. 52.) The decision may be either for the remission or reduction 
 of the taxes, or for rejection of the petition (see In re Judge of the 
 County Court of the County of Perth, 12 U. C. C. P. 252) subject always 
 to the provisions of any by-law in this behalf, passed by the Municipal 
 Council. ^ 
 
 (a) The person entitled to appeal is the party dissatisfied. If before 
 his appeal he in any way sanction what has taken place, ho may be 
 held to have precluded himself from the appeal. (See Harrnp v. 
 Bavlcy. 6 El. «fe B. 218 ; In re Justices of the United Counties of York 
 and Peel, 13 U. C. C. P. 159.) In a doubtful case ho should not bo 
 deprived of his right of appeal. (76.) 
 
 (/>) The appeal given is from " tlie decision of the Court of llovi- 
 sion." As to what is or is not a decision of the Court of Uevisioii, 
 see note m to sec. 52. 
 
 («) The right of appeal is given subject to the regulations herein 
 provided, and unless the regulations be complied with the right of 
 appeal cannot be exercised. (See In reWitstyn and the Quarter Sessions 
 of Hieron and Bruce, 23 U. C, Q. B. 301 ; In re Meyers and Wonnacott, 
 76. 611 ; In re Tozer ami Preston, Ih. 810; 7m re Pentland v. 77ea//t, 24 
 U. C. Q. B. 464 ; McLellan v. McLtllan, 2 U. C. L. J., N. S., 297. ) The 
 only security required against the costs of the appeal is the deposit of 
 the sum of two dollars for each party appealed against. (Sub-sec. 3.) 
 
 {d) All such appeals were formerly to the County Judge, Now in 
 cities and counties, for municipal purposes and for certain judiciii). 
 purposes (Municipal Act, sec. 350), appeals la cities are very properij; 
 
 •V ^tf* 
 
THE MrxicirAL manual. 
 
 8»1 
 
 2. Tlio Clerk slitill thcvcupoii givo notice to all the parties on what 
 apponliitl iij^uiiiHt, in the saiuo inaniicr us is provided for notice *•""'• 
 of coiiiplaiiits hy the sixty-first section of this Act; (e) 
 
 H. The party appealing shall, at the same time and in like 
 manner, pivo a written notice oC his appeal to the Clerk of 
 the Division Court or of the Recorder s Court (as the case 
 may be) for the District or Division within the limits of which 
 the Municipality is situated, and shall deposit with him the 
 sum of two dollars for each party appealed against as security 
 for the costs of tiio appeal ; (/) 
 
 4. The Judgo or Recorder (as the case may be) shall ap- Day for 
 point a day for hearing the appeal ; ((/) hearing. 
 
 5. The (ylork of the Division v'ourt or of the Recorder's Li,»of ap- 
 Court (as the case may be) shall cause a conspicuous notice peiiantg, &c. 
 to be posted up at the office of such Court, containing the 
 
 names of all the appellants and the parties appealed against, 
 together with the date at- which a Court will bo held to hear 
 the appeal j (/i) 
 
 directed to be ninilc to tho Recorders. Appeals in towns, villngea 
 and townships must, as heretofore, bo made to tlie County Judge, 
 
 Unless tlie person dissatisfied with, tlio decision of the Court of 
 Ilevision — 
 
 1. Witliin tlireo days after tlie decision, in person or by attorney or 
 
 agent, servo upon tho Clerk a written notice of his intention 
 to nppenl. 
 
 2. At the siiine time and in like manner give a written notice of his 
 
 appeal to the Clerk of the Division Court or Clerk of tiio 
 ltecorder'3 Court (as the case may be) for the district or 
 divisiou within the limits of which the municipality is si- 
 tuated. 
 
 3. Deposit with the last-mentioned clerk tho sum of two dollars for 
 
 each party appealed against, as security for tho costs of tho 
 appeal — 
 there can be no appeal under this section. (See note c, ante.) 
 
 (<■) See sec. 61, sub-sees. 3, 5, C, 7, 8, 9, 10 it 11 ; and sub-sec. 5 of 
 the section here annotated. 
 
 (/) Tho Clerk of tho City Co-jucil may be tho Clerk of tho Re- 
 corder's Court. (Municipal Act, sec. 314.) Had the direction been 
 simply for giving one notice and depositing tho money in every qaso 
 with the Clerk of tho Division Court within the limits of which the 
 municipality is situato, there would have been more consistency and 
 less confusion in tho working of this sub-section. 
 
 (ff) The Judge or Recorder (as tho case may bo) is only bound to 
 appoint a day for the hearing of the appeal when all tho foregoing 
 I)reliminaries have been complied with. Then, and not till then, is 
 there jurisdiction to hear the appeal. 
 
 (7i) See note e, ante. 
 
392 
 
 Hearing and 
 
 Hdjourn- 
 
 nient. 
 
 Appe.il8with 
 r japect to 
 non-resiileut 
 lands. 
 
 Reduction 
 for excess. 
 
 THE MUNICIPAL MANUAL. 
 
 6. At the Court so holden, the Judge or Recorder (as the 
 case may be) shall hear the appeals, and may adjourn the 
 hearing from time to time and defer the judgment thereon at 
 his pleasure, so that a return can be made to the Clerk of the 
 Municipality before the fifteenth day of July, (i) 
 
 ^S. In case any non-resident, whose land, within the 
 limits of any Town, incorporated Village, or Township, has 
 been or shall be assessed in any revised and corrected Assess- 
 ment Roll, (J) complains by petition to the proper Municipal 
 Council, (k) at any time before the first day of May in the 
 year next following that in which the assessment is made, (/) 
 such Council shall, at its first meeting, after one week's notice 
 to the appellant, try and decide upon such complaint, (m) 
 All decisions of Municipal Councils under this Act may be 
 appealed from, tried and decided, as provided by the sixty-first 
 section of this Act; (n) and if the lands shall be found to 
 have been a.^sessed twenty-five per 'cent, higher than similar 
 land belonging to residents, the Council, Judge or Recorder 
 shall order the taxes rated on such excess to be struck ofi". {o) 
 In all such cases, where the land has been sub-divided into 
 
 (i) See note u to sec. 60. 
 
 (j) This section probably has reference only to non-resitleiits whose 
 names are not on the roll, wnd who would therefore not receive (he 
 notice naade necessary by section 49 of this act, and wlio would not 
 have any notice of the day on which the roll would be returned, so as 
 to appeal within fourteen days after its return, as required by sec. 61, 
 sub-sec. 1. 
 
 (k) i. e.. To the Municipal Council of the local municipality within 
 which the land is situate. 
 
 (I) The first provision, similar to this, in aid of non-residents, ena- 
 bled the dissatisfied non-resident to petition " at any time before flie 
 taxes so assessed have been paid or collected." (24 Vic. cap. 38, s. 3.) 
 This was found to interfere so materially with the collection of taxes 
 on non-resident land, that the law was amended by substituting for the 
 words above quoted, the words " at any time before the first day of 
 May in the year next f jUowing that in which the assessment is made ;" 
 (27 Vic. cap. 19, sec. 6) and such is the limitation in this act provided. 
 
 (m) The whole Council, whether town, incorporated villajje or 
 township, and not five members only, as provided by sees. 52, 53, is 
 here constituted a Court for the trial of the complaint. 
 
 («) Appeals to the County Judge are given by the 64th section, to 
 which no reference is here made, and yet appeals to the Judge are 
 evidently intended. 
 
 (o) What the Recorder can have to do with appeals under this sec 
 tion, it is difficult to imagine ; for it will be observed that the section 
 in its commencement is confined to towns, incorporated villages and 
 townships, and makes no mention of cities. 
 
THE MUNICIPAL MANUAL. 
 
 393 
 
 park, village or town lots, if the same are owned by the same 
 persoh ur persons, the statute laoour tax shall be charged only 
 upon the aggregate of the assessment, according to the provi- 
 sions of this Act; (;>) but no Roll shall be anicinded under 
 this section of this Act if the complaint was tried and decided 
 before such Roll was finally revised and corrected, undor the 
 provisions of the sixteenth, sixty-first, sixty-second and sixty- 
 third sections of this Act. (q) This clause shall not afiiect the 
 right of appeal against the assessment made prior to the year 
 one thousand eight hundred and sixty-six, at any time before 
 the land in question shall have been sold for taxes. If such 
 lands should, during such appeal, be advertised for sale, the 
 land shall be charged with all costs incurred, but no appeal 
 shall be made after the issue of a warrant by the Treasurer or 
 Chamberlain for the collection of taxes, (r) 
 
 66- At the Court to be holden by the County Judge, 
 Recorder or acting Judge of the Court, to hear the appeals 
 hereinbefore provided for, (s) the person having the charge of 
 the Assessment Roll passed by the Court of Revision, shall 
 appear and produce such Roll, and all papers and writings in 
 his cui-tody connected with the matter of appeal; (') and such 
 Roll shall be altered and amended according to the decision of 
 the Judge (if then given), who shall write his initials against 
 any part of the said Roll in which any mistake, error or omis- 
 sion is corrected or .'supplied, (m) or if the said Holl be not 
 then produced, or the decision be not then given by the Judge, 
 
 (/)) Tiie I'ule is to charff lo commutation tax for statute labour 
 against every separate lot or parcel, according to its assessed value. 
 (Sec. 89.) But if at any time l)efore the Ist May, in the year next 
 after tlie assessment, the owner of non-resident lands gives in writing 
 to the County Treasurer a list of the lands owned by him in the muni- 
 cipality, and tenders to him tiio taxes in full on such lands, and the 
 just commutation money, he is made liable to the commutation for 
 statute labour oitly on the aggregate value of all the Innds owned b3' 
 him in the municipality. (Sec. 90.) It is here provided that where the 
 land has been sub-divided into park, village or town lots, the statute 
 labour tax be charged only upon the aggregate of the assessment, 
 according to the provisions of this act. 
 
 (</) See sees. 60, 61, 62 and 63, and notes thereto. 
 
 (}•) See note /, ante. 
 
 (s) See sec. 64. 
 
 {t) Not only must the roll bo produced by the person having the 
 custody of the same, but " all papers and writings in his custody con- 
 nected with the matter of appeal." 
 
 (m) The power of the Judge or Recorder, according to this section* 
 is over mistakes, errors and omissions. The.se he is to correct or supply. 
 
 Utts nub- 
 divided not 
 to RtTijf t rnH.1 
 revifled and 
 corrected. 
 
 Nor appeil j 
 against for- 
 mer aaseKS- 
 meuts, &.C. 
 
 Atsussment 
 Koll t» bt) 
 produced to 
 the Court. 
 
 And amond- 
 ivl arcurdiiig 
 III the deci- 
 ►inn o; tUo 
 
 JlllJgU 
 
394 
 
 THE MUNICIPAL MANUAL. 
 
 Amend- 
 incntH, how 
 certified. 
 
 County 
 .J ndge to 
 havo power 
 to examine 
 on oatb, Sec. 
 
 Costs to be 
 Mpp'irtloaed 
 b.v the Judge 
 »nd liow 
 enforced. 
 
 .such decision and judgment shall be certified by the Clerk of 
 the Court to the Clerk of the Municipality, who shall forth- 
 with alter and amend the Roll according to the same, and 
 shall write his name against every such alteration or correc- 
 tion. (^•} 
 
 G7. Ill all proceedings before the County Judge, Recorder 
 or acting Judge of the Court, under or for the purposes of this 
 Act, such Judge or Recorder shall possess all such powers for 
 compelling the attendance of and for the examination on oath 
 of all parties, whether claiming or objecting or objected to, 
 and all other persons whatsoever, and for the production of 
 books, papers, rolls and documents, and for the enforcement 
 of his orders, decisions and judgments, as belong to or might 
 be exercised by him, either in term time or vacation, in the 
 f^ame Court, in relation to any matter or suit depending in the 
 s.iid Court, (a) 
 
 68. The cost of any proceeding before the Judge as afore- 
 said, shall be paid by or apportioned between the parties, in 
 such manner as the Judge shall think fit, (ft) and costs ordered 
 to be paid by any party claiming or objecting or objected to, 
 or by any Assessor, Clerk of a Municipality, or other person, 
 may be enforced by execution from the said Court, in the 
 same manner as upon any ordinary judgment recovered in 
 such Court, (r) 
 
 (v) The order to nmend is not the amendment. The latter, to be 
 cftectnally made, should be actually made ; and this is what is contem- 
 pliited in the first part of tlie section, in the production of the roll, and 
 in the hitter part Ijy the certificate to the Clerk, and alteration of the 
 roll by the Clerk. (See also sec. TO.) 
 
 (a) The powers enumerated are, 
 
 1. For compelling the attendance of and for the examination on oath 
 
 of all parties, whether claiming or objecting, or objected to, 
 and all other persons whatsoever. 
 
 2. For the production of books, papers, rolls and documents. 
 
 3. For the enforcement of orders, decisions and judgments. 
 
 Ami these may bo exercised, as exercised by the Judge or Recorder, 
 cither in term or vacation, in his Court, in relation to any matter or 
 suit depending therein. 
 
 (h) The Court of Queen's Bench in England held that, although it 
 had no jurisdiction to decide an appeal from an inferior tribunal, yet 
 it had jurisdiction to entertain the appeal so far as to examine whether 
 it had jurisdiction, and to give costs to the respondent, who was taken 
 to the Court without his fiiult. {Carr v. Stringer, 1 E. IJ. & E. 123; 
 sec further, as to costs, note g to sub-sec, 16 of sec. 131 of the Munici- 
 pal Act, p. 107 of this work.) 
 
 (c) i. e. By execution. * 
 
THE MUNICIPAL MANUAL. 
 
 305 
 
 09. The costs shall be taxed according to the Schedules of By what 
 Fees under the Division Courts Act, as in suits for the recovery cosistobe** 
 of sums exceeding forty and not exceeding sixty dollars in the *"ea, 
 said Courts. (</) 
 
 The decision 
 of County 
 Judge to bd 
 final. 
 
 70. The decision and judgment of the Judge, Recorder or 
 acting Judge, shall be final and conclusive in every case adju- 
 dicated, (e) and the Clerk of the Municipality shall amend 
 the Rolls accordingly. (/) 
 
 71. When, after the appeal provided by this Act, (g) the 
 Assessment Roll has been finally revised and corrected, (It) 
 the Clerk of the Municipality shall, without delay, transmit to 
 the County Clerk a certified copy thereof, (i) 
 
 County Councils. 
 79. The Council of every county shall, yearly, before im- 
 posing any county rate, and not later than the first day of 
 July, (./) examine the Assessment RoUr -^f the difi'erenfc town- 
 ships, towns and villages in the county, for the preceding 
 financial year, for the purpose of ascertaining whether the 
 valuation made by the Assessors in each township, town or 
 village, for the current year, bears a just relation to the valua- 
 tion so made in all such townships, towns and villages, and 
 may for the purpose of county rates, increase or decrease the 
 aggregate valuations of real and personal property in any 
 township, town or village, adding or deducting so much per 
 cent, as may, in their opinion, be necessary to produce a just 
 relation between all the valuations of real and personal estate 
 in the county, but they shall not reduce the aggregate valuation 
 thereof for the whole county as made by the Assessors. (Ar) 
 
 (i?) Sec Con. Stat, U. C. cap. 19, see. 36, and schedule thereto. 
 
 (e) See note p to sec. 62. 
 
 (/) See note v to sec. 66. 
 
 (ff) See sees. 60, 61, 62, 63, 64. 
 
 (/*) See note p to sec. 62. 
 
 (/) i. e. With a view to the collection by the connty of taxes due on 
 lands of non-residents, or other lands, in respect of which taxes have 
 not been ct)llected. 
 
 ij) Not later than the first day of July, d'e., see note t to sec. 50 and 
 note u to sec. 60. 
 
 (A) It is made the dnty of the County Council, yearly : 
 7b examine the assessment rolls of the diiferent townships, towns and 
 villages in the county, for the preceding financial year, for the purpose 
 of ascertaining whether the valuation made by the assessors, in each 
 townshij), town or village for the current year, bears a just relation to 
 the valimtloa so made in all the townships, towns and villages. 
 
 Copy of Roll 
 to bu trans- 
 mittei to 
 County 
 '.lerk. 
 
 AFSeKsinent 
 Roll toliB 
 e.\amined 
 annually by 
 Municipal 
 Council of 
 the County, 
 for the 
 purpose of 
 eiiualiziug 
 the valuation 
 In the differ- 
 ent munici- 
 palities for 
 County rate* 
 
396 
 
 THE MUNICIPAIi MANUAL. 
 
 of any Muni- 73. If the Clerk of any 3Iunicipality has neglected to 
 omit8*8end- transmit a certified copy of the Assessment Rolls, sueh neglect 
 ins: copy of shall not prevent the County Council from equalizing thy 
 
 mil. 
 
 And for the purpose of county rates, power is given : 
 
 To increase or de.ereaae the aggregate valuations of real and personal 
 property in any township, town or village, adding or deducting so 
 much per cent, as may, in their opinion, be necessary to produce a 
 just relation between all the valuations of real and personrl property 
 in the county. 
 
 But they shall not reduce the aggregate valuation thereof for the 
 whole county, as made by assessors. 
 
 Valuation of property, real or personal, is, to a great extent, a matter 
 of opinion. (See note -a to sec. 30.) Some men are more sanguine 
 than otiiers, and therefore more likely looking to the future to make a 
 higher estimate of present value than those who are less sanguine. 
 Some men in their inquiries into a subject matter of investigation are 
 more careless than others, and so more likely to take things for granted 
 than others. These and similar considerations influencing assessors 
 acting independently of each other, in different local municipalities, 
 often produce very dissimilar results even in adjoining municipalities. 
 But so far as the county is concerned for the purpose of county rates, 
 ft just relation is needed in order that the rate levied may bear as 
 nearly as possible, equally on all the local municipalities in the county. 
 In order to bring this about, when inequality is found, a power to 
 increase or decrease the aggregate valuations of taxable property in 
 the local municipalities of the county, so long as the whole aggregate 
 valuation of the county is not reduced, must be exercised by some 
 body l»aving authority over the whole of the local municipalities, and 
 that body is the County Council. 
 
 The Legislature has not attempted to prescribe by what method of 
 proceeding the local municipalities shall be made to bear a just relation 
 to each other. It could hardly have succeeded in any attempt to do 
 so. That must of necessity be left to the judgment of those who are 
 to conduct the operation, and who by reason of their local knowledge 
 are best qualified to do so. (Per Robinson, C. J., in Oibson v. The 
 Corporation of the United Coantiet of Huron and Bruce, 20 U. C. Q. B. 
 119.) We may suppose the Council fixing upon some one township 
 or town in the first place, as that in which the value appears to have 
 been assigned with the strictest regard to truth and justice, and then 
 having selected such a standard, we may suppose them taking up cadi 
 township, town, «&c., and adjusting the valuation by such standard. 
 In doing this, the members of the Council must of necessity be governed 
 by their own judgment, and could not in the nature of things have 
 any rule given to them by which they could arrive at any particular 
 result. It must be entirely a matter of opinion whether, if land cleared 
 or uncleared in township A. is valued at such a sum per acre, land 
 in township B. ought to be valued at any and what other sum per 
 acre. But when the Council shall have adopted the proportional 
 value which land in one township bears to land in another, and sliall 
 have compared them all by some standard, then they must ascertain 
 and express how much per cent, must be added or deducted from the 
 assessment in each local municipality, to make tlicm all bear just 
 relation to each other. This is not given as a rule or method of pro- 
 
THE MUNICIPAL MANUAL. 
 
 807 
 
 valuations in the several Muniitipalites, according to the best 
 information obtainable ; {I) and any rate imposed according 
 
 ceeding tlint can guide or assist the Council in adjusting the relation 
 between the dili'erent local municipalities, but as a method by which 
 they are to express to the collectors the effect of the relation they have 
 established, as leading to an addition or deduction of so much per cent, 
 to or from the assessemcnt of each individual, according as they 
 have found the assessment that has been made in the particular local 
 municipality too high or too low, as compared with the standard by 
 whicli they have resolved to abide. This direction to the collector 
 makes his duty afterwards simple and precise. But the business of 
 the Council in equalizing the assessments, is not one that can be 
 accomplii<hed by any arithmetical calculation. No two bodies of men, 
 any more tlian any two individuals, could be expected to arrive at the 
 same conclusions. If they attempted to make the adjustment indepen* 
 dently of each other. The Legislature has not attempted to instruct the 
 Council how they are to proceed ''. order to do equal justice. It has 
 done the best it could in committing the duty to them on general terms 
 of equalizing the assessments, so as to produce a just relation, but 
 have necessarily left it to them, as best they can, to work out the 
 problem. It is a thing more easily talked of than done. 
 
 It is not for a court of law to interfere as regards the reasonableness 
 of the valuations and the conclusions to be come to on that point by 
 comparing the value set upon land in one municipality, with the value 
 set upon land in another. It is not for a Court to judge of that. 
 Even if it were, there are various circumstances to be taken into con- 
 sideration, as bearing upon the question of computation and value, of 
 which a Court has not the means of judging, for want of that local 
 knowledge which the members of the County Council chosen by the 
 people themselves, must be supposed to possess, and doubtless do 
 possess. It is not merely the fact that one township has been long 
 settled and another not so long, that should alone influence the judg- 
 ment in making the comparison, nor yet the number of inhabitants, 
 though these are circumstances that would naturally be taken into 
 consideration, Quality of soil and of timber, abundance or scarcity of 
 water, distance from market, and the description of inhabitants, aa 
 well as their numbers, are matters that require to be c»>nsidered in 
 comparing one township with another, and when these and all other 
 matters have been considered, the conclusions to which they lead are 
 to be formed by the Council, and not by a court of law. 
 
 But so far as the Legislature has assumed to prescribe rules for the 
 guidance of a municip^ body, in the discharge of any duty or exercise 
 of any power, such body must, beyond doubt or question, conform to 
 the rules. And if the Council, where rules have been prescribed for 
 their action, were to go contrary to the rules or in any way violate 
 them, the Court, if this were clearly made out, would interfere by writ 
 of mandamus ( 77te Queen v. The Commigsioners of the Land Tax foi^ 
 I'owet' Division of Middlesex, 2 El. i&B. 694) and the act itself iniglit be 
 held illegal in any proceeding in which its legality would come in 
 question. (The Corporation of the County of Lincoln v. The Corporation 
 of the Toim of Niagara, 25 U. C. Q. B. 578.) 
 
 (I) It would never do if the neglect of a clerk of one local muni' 
 cipality to transmit a certified copy of his roll were to have the effect 
 
398 
 
 THE MUNICIPAL MANUAL. 
 
 Valuators to 
 attest their 
 report on 
 oatb. 
 
 The Appor- 
 tionment of 
 County rates 
 to be based 
 uiKin tlie 
 aseeesment 
 rolls of 
 prtCtfding 
 year. 
 
 to the equalized assessment shall be as valid as if all the 
 Assessment Rolls had been transmitted, (m) 
 
 74. In casea where valuators are appointed by the Council 
 to value all the real and personal property within the Coun- 
 ty, («) they shall attest their report by oath or affirmation, in 
 the same manner as Assessors are required to verify their 
 Rolls, by the one hundred and thirteenth section of this 
 Act. (o) 
 
 75. The Council of a County, in apportioning a County 
 Rate among the difiFerent Townships, Towns and Villages 
 within the County, shall, in order that the same may bo 
 assessed equally on the whole ratable property of the County, 
 make the amount of property returned on the Assessment 
 Rolls of such Townships, Towns and Villages, or reported by 
 the Valuators as finally revised and equalized for the pro- 
 ceding year, the basis upon which the apportionment is 
 made, (p) 
 
 of delaying the entire proceedings of the County Council, with a \\o\\* 
 to equalization of assessment, especially as it is provided that tlie 
 equalization is to bo made " not later than the first day of July. 
 (Sec. 12.) The only remedy is that provided, viz., to jiroceed to 
 equalize, 'notwithstanding the absence of a particular roll or rolls. 
 (See note k to the preceding section.) 
 
 (m) The Council, before imposing a county rate, must equalize the 
 rolls as already mentioned. (Sec. v2.) If empowered to equalize in 
 the absence of some roll or rolls, it follows that the rate imposed on 
 the rolls so equalized must be deemed valid. 
 
 (n) The proper valuators of property, real and personal, in the 
 different locol municipalities, are the assessors. But as these, in the 
 several local municipalities, act independently of each other, and as 
 men perhaps differ more widely on the value of property than other 
 matters of opinion, the results, so far aa the whole county is con- 
 cerned, are apythlng but equal or uniform. But before a county rate 
 can be imposed, the valuations in the different local municipalities 
 must be equalized so as to bear a just relation to each other. (Sec. 72.) 
 Such equalization has hitherto been effected through the members of 
 the County Council themselves using their local knowledge in order 
 '. -! Tii-rive at as correct a judgment as possible. This section appears 
 "ro be designed as an aid to them in the exercise of that judgment. 
 Tt is not declared that the valuation of the County Valuators sholl be 
 ■ nding on the Council, or their judgment in any way made a substi- 
 nte for the judgment of the members of the County Council, on whom 
 devolves the duty of making the equalization so as to produce a just 
 relation. 
 
 (o) See sec. 113 and notes thereto. 
 
 (p) It is by sec. 72 declared that the County Council, before imposinrf 
 any rate, ana not later than the first day of Jul}', shall examine the 
 
THE MUNICIPAL MANUAL. 
 
 399 
 
 76. If a new Municipality be erected within a County, so Astonew 
 
 Municipal!* 
 ties. 
 
 that there are no Assessment or Valuators Rolls of the new 
 Municipality for the next preceding year, the County Council 
 shall, by examining the Rolls of the former Municipality or 
 Municipalities of which the new Municipality then formed 
 part, ascertain to the best of their judgment what part of the 
 Assessment of the Municipality or Municipalities had relation 
 to the new Municipality, and what part should continue to bo 
 accounted as the Assessment of the original Municipality, 
 and their several shares of the County Tax shall be appor- 
 tioned between them accordingly, (q) 
 
 77. When a sum is to be levied for County purposes, or County 
 by the County for the purposes of a particular locality, the appoVtlonby 
 Council of the County shall ascertain, and by By-law direct, uy-irtw, 
 what portion of such sum shall be levied in each Township, qXrd n.r 
 Town, or Village in such County or locality, (r) ^J';^'J^'> !""■ 
 
 rolls of tho several local municipalitiea, in order to equalize them for 
 the current year, so as to bear a just relation to each other. Hero it 
 is declared that in apportioning a county i-ate amon^ the different 
 local municipaliteB the amount of property returned on the rolls 
 or reported by the valuators as finally revised and equalized for the 
 preceding year, shall be the basis of apportionment. (See McCormick 
 V. Oakley, 17 U. C. Q. B. 345.) 
 
 (q) The apportionment of a county rate must be on the basis of the 
 rolls as finally revised and equalized for the preceding financial year. 
 (Sec. "ZS.) In the case of a new municipality erected during the cur- 
 rent year, it is plain there can be no suoh roll. But in order that 
 the direction of the statute may be as nearly as possible under the 
 circumstances carried out, it is made the duty of the County Council, 
 by examining the rolls of the former municipality or municipalities of 
 which the new municipality formed a part, to ascertain to the best of 
 their judgment — 
 
 1. What part of the assessment of the municipality or municipalities 
 
 had relation to the new municipality ; 
 
 2. And wliatpart should continue to be accounted as one assessment 
 
 of the original municipality. 
 
 So as to apportion between them " their several shares of the county 
 tax." 
 
 (r) The sum to be levied may be either for county purposes or for 
 tho purposes of a particular locality in the county. If the former, 
 
 the rate must 
 municipalit 
 
 ^!h 
 
 gvied as nearly as possible equally on each local 
 
 111 f'«3 county. {Tyke v. 2^he Municipality of Waterloo, 
 9 U. C. Q. B. 676 v^ If the latter, it may be levied in the particular 
 locality, without reference to other localities in the county. The levy 
 is to be made by means of the local machinery, upon a certificate 
 from the Clerk of tho County Council, stating the amount and the 
 purpose. (Sec. 18.) 
 
400 
 
 County Cletk 
 to certify 
 nmonntH to 
 ClerkH of 
 Local Muni- 
 cipalltius. 
 
 This Act not 
 to atfect pro- 
 TigiODS for 
 
 rates to raise 
 interest on 
 County 
 debentures. 
 
 THE MUNICIPAL MANUAL. 
 
 78. The County Clerk sbiill, before tlie fifteenth day of 
 August in each year, (s) certify to the Clerk of each ToWj- 
 ship, Town or Village in the County, the total ajuount which 
 has been so directed to be levied therein for the then current 
 year, for County purposes, or for the purposes of any such 
 locality, and the Clerk of the Township, Town, or Village 
 shall calculate and insert the same in the Collector's Roll for 
 that year. (/) 
 
 70- Nothing in this Act contained shall alter or invalidate 
 any special provision for the collection of a rate fur interest on 
 County Debentures, whether such provision be contiined in 
 any Municipal Corporations Act heretofore or still in force in 
 Upper Canada, or any Act respecting the Consolidated Muni- 
 cipal Loan Fund in Upper Canada, or in any general or special 
 Act authorizing the issue of Debentures, or in any by-law of 
 the County Council providing for the issue of the same, (u) 
 
 Statute Labour. 
 80. No person in Her Majesty's Naval or Military Service, 
 full pay or on actual service, shall be liable to perform 
 
 • ■ («) 
 
 Persons in 
 Mllititry Ser- 
 Tice exempt, on 
 
 Statute labour or to commute therefor 
 
 Who iiHHe, 81. Every other male inhabitant of a City, Town or V illage, 
 
 r"t1o'"irr'"'' 0^ ^^^^ ^"^ ^^ twenty-one years and upwards, and under sixty 
 
 towns and years of age (and not otherwise exempted by law from perform- 
 
 ^' "'*'''' ing statute labour), who has not been assessed upon the Assess- 
 
 (x) Before the fifteenth day of August, itc. 
 and note n to sec. 60. 
 
 See note i to sec. 50, 
 
 (/) A duty is, by this section, cast upon the County Clerk as well 
 as the Local Clerk. The former must certify the amount directed to 
 be levied, and whether for County purposes or local purposes (see 
 note r to sec. 11) ; and the latter, on receipt of the certificate, shall 
 make the necessai'y calculations in order to ascertain the necessary rate, 
 and insert the rate, when ascertained, in the collector's roll for the 
 current year. 
 
 (m) No special provision for the collection of a rate for interest on 
 county debentures is to be interfered with, whether such provisions be 
 contained — 
 
 1. In any Municipal Corporations Act heretofore or still in force in 
 
 Upper Canada ; 
 
 2. In any act respecting the Consolidated Muht^ipal Loan Fund in 
 
 Upper Canada; '^"^ 
 
 3. In any general or special act authorizing ,}>d issue of deben- 
 
 tures; or, 
 
 4. In any by-law of the County Council providiijg for tlie issue of 
 
 the same, 
 (a) See note o to sec. 832 of Uic Municipal Act. 
 
 I 
 
THE MUNICIPAL MANUAL. 
 
 401 
 
 ment Roll of the City, Town or Village, or whose taxes do not 
 amount to two dollars, shall, instead of such labour, be taxed collector. 
 at two dollars yearly therefor, to be levied and collected at such 
 time, by such person, and in such manner as the Council of 
 the Municipality shall by by-law direct, and which person shall 
 not be required to have any property qualification. (6) 
 
 83- No person shall be exempt from the tax in the last where to ve 
 preceding; section named, by reason of his producing a certifi- perfuru'ed. 
 cate of his having performed statute labour or paid the tax 
 elsewhere, unless he was actually domiciled out of the limits of 
 the City, Town or Village at the time he so performed shitute 
 labour or paid the tax. (c) 
 
 83. Every male inhabitant of a Township between the Liawntyof 
 agrs aforesaid, who is not otherwise assessed to any amount otherw"i/e"^ 
 (and who is not exempt by law from performing statute anBegsedin 
 labour), shall be liable to one day of statute labour on tho '"'"^ '"'■ 
 roads and highways in the Township, and no Council shall 
 
 have any power to reduce the statute labour required under 
 this section, (ti) 
 
 84. Every person assessed upon the Assessment Roll of a 
 Township shall, if his property is assessed at Vi.-o.incaM 
 
 (if persons 
 
 not more than $300, be liable to two days' statute labour. ussesaed. 
 
 at more than $300 but not more than $500 3 days. 
 
 1)0. 500 do. do. 700 4 " 
 
 Do. 700 do. do. 900 5 " 
 
 Do. 900 do. do. 1200 6 " 
 
 Do. 1200 do. do. 1600 7 " 
 
 Do. IGOO do. do. 2000 8 " 
 
 Do. 2000 do. do. 2400 9 " ,. 
 
 Do. 2400 do. do. 3200 10 " V 
 
 Do. 3200 do. do. 4000 12 " 
 
 and for every $1000 above ^1000 1 " 
 
 Hut the Council of any Township, by a By-law operating council msv 
 generally and ratably, may reduce or increase the number of reduce or 
 days' labour to which all the parties rated on the Assessment ITumberof* 
 Roll or otherwise shall be respectively liable, so that the num- ^.»y« propor- 
 ber of days' labour to which each person is liable shall be in '^^'' 
 proportion to the amount at which he is assessed ; in Town. 
 
 .** 
 
 (h) See same note. 
 
 (c) See same note. 
 
 (d) See note q to sec. 332 of the Municipal Act. 
 
 26 
 
402 
 
 THE MUNICIPAL MANirAl,. 
 
 !.oii sub-di- ships whore farm lots have been sub-divided into park or village 
 lotlT'i'c'^'*'^'' ^°*^» *°^ ^^® ownera are not resident and have not required 
 their names to be entered on the Assessment Roll, the statr e 
 labour shall be commuted by the Township Olerk in mukii)^ 
 out the list required under tbe ninety-third section of this Act 
 when such lots are under the value of two hundred dollars, to 
 a rate not exceeding one half per cent, on the valuation, but 
 the Council may direct a (ess rate to be imposed by a general 
 By-law affecting such village lots. («) 
 
 Commutaj^ 8^. The Oounoil of any Township may by By-law direct 
 
 at'onedoiiar that a sum Dot exceeding one dollar a day shall he paid as 
 
 per day. commutation of Statute labour, in which case the commutation 
 
 tax shall be added in a separate column in the Collector's Roll, 
 
 and shall be collected and accounted for like other taxes. (/) 
 
 Commuta- 
 tinn may lie 
 ilxtfj at any 
 sniu not 
 i>.xc<>edlng 
 ona dollar. 
 
 HG. Any local Municipal Council may, by a By-law passed 
 for that purpose, fix the rate at which parties may commute 
 their statute labour, at any sum not exceeding one dollar fur 
 each day's labour, and the sum so fixed shall apply equally to 
 residents who are subject to statute labour, and to non-resi- 
 dents in respect to their property. ((/) 
 
 If no bylaw, 87. Where no such by-law has been passed, the statute 
 to hent'fifty" '^^0^^ ^° ^^^ Towuships in respect of lands^ of non-residenta 
 c«Dt8. shall be commuted at the rate of fifty cents for each duy's 
 
 labour, (/t) 
 
 88- Any person liable to pay the sum named in the eighty- 
 fifth section of this Act, shall pay the same to the Collector to 
 be appointed to collect the same within two days after demand 
 thereof by the said Collector; and in case of neglect or refusal 
 to pay the same, the Collector may levy the same by distress 
 of his goods and chattels, with costs of the distress, and if no 
 sufficient distress can be found, then upon summary conviction 
 before a Justice of the Peace of the County in which the local 
 Municipality is situate, of his refusal or neglect to pay the 
 said sum, and of there being no sufficient distress, ho i<hull 
 incur a penalty of five dollars with costs, and in default of 
 payment at such time as the convicting Justice shall order, 
 shall be committed to the Common Gaol of the County, and 
 
 (e) See note g to sec. 332 of the Municipal Act. 
 (/) See note p to see. S32 of the Municipal Act, 
 {g) See same note. 
 (/() See same note. 
 
 Payment of 
 tax In lieu of 
 statute 
 labour may 
 be enforced 
 by distress 
 or Imprison- 
 meat. 
 
THE MUNICIPAL MANUAL. 
 
 403 
 
 If noo-reri- 
 dent admit- 
 ted, but dneii 
 not perform. 
 
 be there put to hard labour fur any time not oxoceding ten 
 duj'8, unless such penalty and costs, and the costs of the war- 
 runt of couiiuitnient and of conveying the said person to gaol, 
 shall be sooner paid. (<) 
 
 SO. No non-resident who has not required his name to be Non-reai- 
 entered on the Roll, shall be admitted to perform statute labour notadmutMi 
 in respect of any land owned by him, but a commutation tax to perform 
 shall be charged against every separate lot or parcel according labour! 
 to its assessed value, {j) 
 
 00. In case any non-resident, whoso name has been entered 
 on the resident roll, does not perform his statute labour or pay 
 commutation for the same, the Overseer of the highways in 
 whose division he is placed, shall return him as a defaulter to 
 the Clerk of the Municipality, before the fifteenth day of 
 August; and the Clerk shall, in that case, enter the commu- 
 tation fur statute labour against his name in the Collector's 
 Roll ; and if, at any time before the. first day of May then next 
 ensuing, the owner of any non-resident's land gives in writing 
 to the County Treasurer a list of the lands owned by him in 
 the Municipality, and tenders to him the taxes in full on such 
 land and the just commutation money as herein provided, he 
 shall be liable to the commutation for statute labour, only upon 
 the agtrrngate value of all the lands owned by him in each 
 local Municipality; but after the first day of May as aforesaid, 
 no change shall be made in the commutation for statute labour 
 charged against each separate parcel, in consequence of more 
 than one parcel being owned by the same party. (Jc) 
 
 Collection of Rates. 
 
 01. The Clerk of every City, Town, Village or Township, cierkofthe 
 shall make a .Collector's Roll or Rolls, as may be necessary, (/) J5"°akrou7 
 
 Amount of 
 non-teoi- 
 dont'R sta- 
 tute labour. 
 
 (?) See note r to sec. 332 of the Municipal Act. 
 
 (;') See note o to sec. 332 of the Maaicipal Act. 
 
 {Jc) See same note. 
 
 (/) Tlie Clerk must set down on the roll or rolls the foUowinpf : 
 
 1. The name in full of every person assessed. 
 
 2. The assessed value of his real and personal property and ratable 
 
 income. 
 
 3. The amount for which the party is chargeable for any sums 
 
 ordered to be levied by the Council of the county for county 
 purposes. 
 
 4. Tlie amount with which the party is chargeable in respect of 
 
 sums ordered to be levied by the Council of the local munici- 
 pality for the purposes thereof, or for the commutation of 
 statute labour. 
 
r 
 
 404 
 
 'CnE MUNICIl'AL MANl'Af,. 
 
 aOoiuctor'g oti vhioh he shall set down the nnmo iu full nl' every persdii 
 Kiiiiltsforra assessed, and the assessed value of his real autl pcisdrml pin 
 perty and taxable income, (w) as nscertainod at'trr the Uiuil 
 revision of the assessments, (n) and he shall cnlctiliitt*, nti<l 
 opposite the said assessed value as therein (h'sciilicil of eaili 
 respective party, he shall sot down in one colunm to bo luadcil 
 " County rates/' the amount for which the parry is (fliiH^iniihlo 
 for any sums ordered to bo levied by the Council t tlxj Coum y 
 for County purposes, (o), and in another column, to l)i! licadnl 
 "Township," "Village," "Town," or "City nttc," the 
 amount with which the party is chargeable in resjuMtt of huiih 
 ordered to be levied by the Council of the local .Nlusiicipulity 
 for the purposes thereof, or for the commutation of siatute 
 labour, (p) and in other columns any special rote for collecting 
 the interest upon Debentures issued, or any local rate or schoid 
 rate or other special rate, the proceeds of whieh are r(;(iuircd 
 by law or by the by-law imposing it, to bo kept distinct, and 
 accounted for separately : (9) every such last-nientioned ra^e 
 shall be calculated separately, and the column therefor headed 
 " Special rate," " Local rate," " School rate," as the case 
 may be. , 
 
 How ruteA to 
 ' headed. 
 
 ProTinciitl 
 taxes to be 
 aMesiiad and 
 coliected in 
 the game 
 maDner as 
 looal rates. 
 
 03. All moneys assessed, levied and collected under any 
 Act by which the same are made payable to the Ikeeciver 
 General, or other Public Orticer for the Public uses of the 
 Province, or for any special purpose or use mentioned in the 
 Act, shall be assessed, levied and collected, in the same man- 
 ner as local ratesj and shall be similarly caJculatcd upon the 
 asse.'ssraents as finally revised, and shiill be entered in the 
 Collector's Rolls in separate columns, in tL; heading whereof 
 
 5. And any special rate for collecting the interest upon debenturi'S 
 issued, or any local rate, or school rate, or other special rate, 
 the proceeds of which are required by law or by tlie by-law 
 imposing it to be kept distinct, and accounted for separately. 
 
 lie is then to deliver the roll, certified under his hand, to the collector 
 on or before the first day of October, or such other day o.s n)av be 
 prescribed by the by-law of the local municipality. (Sec. '.)2.) It i^ 
 also his duty to make out a uoll of the lands of non-residents atul traiii?- 
 mit the same to the county treasurer. (Sec. 93.) 
 
 (m) See sec. 21, sub-sees. 1, 2, 3. 
 
 (h) See sees. 61, 63, 64, 70, 
 
 (o) See sec. 18. 
 
 {p) See Municipal Act, sec. 332. 
 
 (q) All these, of course, in separate columns. (See sec. 114.) 
 
THE MUNICIPAL MANUAL. 
 
 40S 
 
 shall l)c (lesit^tintcd the purpose i.f the rate, (/•) and the Clerk 
 shiill d(!livcT the roll, certiticd under his liniid, to the Col- 
 lecitfir. on or beforo the first day of October, or such other 
 diiy ns may bi; pvtsoribed by u IJy-law of the Local Muui* 
 ':!ipality. (,vj 
 
 Oil. The Clcik of every Lo(riil Municipality shall also make 
 out a Unll, (f) in which he >hull enter the lands of non-resi- 
 dontH, whoso names have not been set down in the Assessor's 
 Roll, together with the value of every lot, part of lot, or parcel, 
 as ascertained after the rovisiun of the rolls, (u) and he shall 
 enter opposite to each lot or parcel, all the rates or taxes with 
 which tiio same is chargeable, in the same manner as is pro- 
 vided I'lir tho ontry of rates and taxes upon the Collector's 
 
 ClKrk to 
 make out 
 another roll 
 of landH of 
 noD-rvHiil'nta 
 whose uaroes 
 are Dot in 
 the niseim- 
 ment roll, 
 andtransinit 
 it to County 
 TrcBBurer or 
 
 ()•) The lnonl inacliincry is the hcst adnptod for tlio collection of 
 taxes, and tliurcforo is made available for more than local purposes. 
 
 (h) It is here nindo the duty of the Clerk to deliver the roll certitied 
 under liis Imiid to tlie collector, on or before the first day of October, 
 in- biieli otliiiP day ns may be prescribed by a by-law of the local muiii- 
 eiimlity. I'ldess the roll bo certitied aa directed, the Clerk is not 
 hound to act under it. ( 77ii' Vorjiovntion of Vienna v. Marr, 9 U. C. 
 L. J. ;!()1.) 15ut if he, iiotwithstanding the omission of the certificate 
 or other informality, receive tlio roll, and under its authority colicct 
 money, he cannot retain the money as against the Municipal CouLcil 
 on any ijround of alleged irregularity in the roll, nor would it be a 
 di-'fence. unik'P such circumstances, to his sureties, that the roll was 
 not cortilifd when delivered to him (TTie Corporation of the Townshij) 
 of Whillii v. Ifairimm, 18 U. C. (i. H. C03; Mitnlcipuliti/ of Wliithi/ v. 
 Flint, 9 U. C. C. V. 41!)) or not delivered within the time limited on 
 that behidf. {TuJd v. Pirrtj d al. 20 U. C. Q. B. C4V). As to the 
 limitation of the time, sue note i to sec. 60 and note u to sec. 60.) The 
 fact that a collector of taxes received the money without any roll 
 laiving been delivered to him and without having taken the oath of 
 oflice, forms no defence to his sureties in an action for not paying over 
 the money. {The Corporation of the Township of Whitby v. Harrison, 
 18 U. C. Q. B. GOG.) 
 
 {t) The Clevk is called upon to make out two rolls : 
 
 1. One wliorcon will appear the names of all taxable parties, and 
 
 which is to be delivered to the local collector with a view to 
 (ho collection of taxes from pufsons liable. 
 
 2. Aiiotlier whereon will appear only lands, and which is to be 
 
 transmitted to the County Treasurer with a view to the col- 
 lection of taxes by means of a sale of the lands. 
 
 («) The non-residents roll must show: 
 
 1 . The lands of non-residents whose names have not been set down 
 
 in the assessor's roll. 
 
 2. The value of every lot, part of lot or parcel. 
 
 .3. All the rates or taxes with which the same is chargeable. 
 
406 
 
 city Cham- 
 berlaia. 
 
 Dnties of 
 Cullectors 
 
 Shall de- 
 mand tlio 
 payment of 
 rates. 
 
 THE MPNICIPAL MANUAL. 
 
 Roll, (v) and shall transmit the Roll so made out, certified 
 under his hand to the Treasurer of the County in which his 
 Municipality is situate, or to the City Chamberlain, as the case 
 may be, on or before the first day of November, (w) 
 
 Collectors and tiieis Duties, 
 
 9'^. The Collector, upon receiving his Collection Roll, 
 shall proceed to collect the Taxes therein mentioned, (cr) 
 
 9S. He shall call at least once on the person taxed, or at 
 the place of his usual residence or domicile, or place of busi- 
 ness, if within the local municipality, in and for which such 
 Collector has been appointed, and shall demand payment of 
 the taxes payable by such person, (i) 
 
 (v) See sec. 91, 
 
 (w) Neither the Treasurer nor Chamberlain would, it is apprehended, 
 bo bound to accept the roll unless certified as directed. (See note s 
 to sec. 92.) But the neglect of the Clerk either to transmit the copy 
 directed or his transmission of it in an imperfect form, would not in- 
 validate a sale of non-resident land for taxes. (Allan v. Fhher, V-'> 
 U. C. C. P, 63.) 
 
 (a) The collector is to piov-v-'^d to collect the taxes — that is, the 
 money due in respect of taxes. lie iias no right to accopt i)roniissory 
 notes or securities of any kind in lieu of money. The acfoptaiice ui 
 such a security could in no way interfere with the riglit to distrain. 
 (See Spry v. McKenzic, 18 U. C. Q. B. I'U.) Where a collector is 
 charged with the collection of taxes for several years consecutively, he 
 has the right to apply money made or money paid for taxes to the 
 taxes in arrear during the first of the years. (McRride v. Gardham, 
 8 TJ. C. C. P. 29C.) It is, among other things, the duty of the collector 
 upon receipt of his roll, to call upon the person charged (sec. V5) and 
 if taxes not paid, to levy therefor (sec. 98) and for that jiurpose make 
 diligent inquiry to discover suflScient goods and chattels belonging to 
 or in possession of the person charged, whereon a levy may be made. 
 (Sees. 97, 107.) If none can be found after diligent search, the collec- 
 tor may relieve himself by oath from further accountability in regard 
 to taxes unpaid, (Sec. 107.) . 
 
 {h) The demand is essential to the validity of subsequent proceed- 
 ing's authorized bv the statute. {De Blaqnierc v. Becker ei al. 8 U. C. 
 C. P. 167; Campbell v. The Vorporation of Elma, 13 U. C. C. P. 296.) 
 It must, it is presumed, be made by the collector himself; for it is said 
 " he shall call at least once, <fec," It would be well for tiie collector 
 when making the demand to be accompanied by some person, who in 
 the event of proceedings being had against the collector, could testify 
 to tlic demand. Apparently it need not be made personally of tho 
 person liable to pay, for it is said the call is to be *' on the person 
 taxed, or at the place of his usual residence or domicile, or jilace of 
 business, if within the local municipality." So that a demand 'uado 
 of some person at the place of residence, domicile or place of business. 
 
THE MUNICIPAL MANUAL. 
 
 407 
 
 96. If any person whose name appears on the Roll be not By pest in 
 resident within the Municipality, the Collector shall transmit reefden'ts!**" 
 to him by post, a statement and demand of the taxes charged 
 against him in the Roll (c) 
 
 07. In case any person neglects to pay his taxes for ifpayment 
 ten days after such demand as aforesaid, (e?) the Collector coiEctow'to' 
 may by himself or by his agent, (c) levy the same with levy tax by 
 
 of the party liable, would, it seems, be sufficient. (See De Blaquiere 
 V, Becker et al. 8 U. C. C. P. 167.) In the event of the death of the 
 collector, an entry made by him in the nsnal coarBe of his business, 
 would probably be evidence of the demand. (See Barton v. Hie Cor- 
 poration of the rown of Dundat, 24 U. C. Q. B. 278.) 
 
 (c) In the case of non-residents, the transmission of the statement 
 and demand, under the 16 Vic. cap. 182, was held not to be a condition 
 precedent to the power of distress. {De Blaquiere v. Bechr et al. 8 
 U. C. C. P. 167.) But now in the case of non-residents who have 
 requested their names to be entered on the roll, it is provided that the 
 collector, after one month from the date of the delivery of the roll to him, 
 nnd after fourteen day« from the time such demand as aforesaid has 
 been transmitted to him by post, may make distress, Ac, (sec. 98) 
 clearly intending that to such non-residents the demand or statement 
 shall be a condition precedent to the distress. 
 
 {d) i. e. The demand mentioned in sec. 96, which in the case of 
 persons named on the roll, is a condition precedent to the right of dis- 
 tress. [De Blaquiere v. Becker et <il., 8 U. 0. C. P. 167.) It would 
 also seem that the notice required by sec. 49, is a condition precedent 
 to the risfht of distress, in the case of a person whose name is on the 
 roll. ( ilw MwiicipalUy of London v. The Great Western Railway Com- 
 pany, 16 U. C. Q. B. 602.) 
 
 (c) The collectors of taxes are officers anr.bally appointed to collect 
 the taxes, which in far the greater number of instances they are able 
 to do, bj' merely calling upon those against whom they are charged. 
 In cases where they may have to resort to compulsory measures, 
 altliongh the Legislature has enabled them to levy in person and 
 without the authority of any process, yet it was scarcely contemplated 
 tlif t tlie collectors themselves would, as a matter of course, act the 
 part of bailiils and auctioneers in seizing and selling. (Per Robinson, 
 C. J., in Fraser v. Pa</e €t al. 18 U. C. Q. B. 886 ; Fee also Newberry v. 
 Stephem, 16 U. C. Q. B. 69.) So that while power is given to the 
 collector by himself to levy, it also said ha may by his agent levy. 
 But when a bailiff or agent is appointed he should receive a warrant, 
 wliich may be in the following form : 
 City of ) To A. B., my Bailiff. 
 
 To wit. f 
 
 You are hercb i.uthorized and required to distrain the goods and 
 chattels of C. D. of, <fec., which you shall find on the premises of the 
 said C. D., at, Ac, or any goods and chattels in his possession, wher- 
 ever the same may be found within the county of, Ac, for the sum of, 
 4fec., rated against him for taxes on the collector's roll of, Ac, for the 
 year, Ac, and now in arrear and unpaid, and in default of payment of 
 
408 
 
 THE MUNICIPAL MANUAL. 
 
 aistrepsand costs, (/) by distrcss of the goods iind chattels (c/) of the 
 
 **'"'• person who ought to pay the same, (/t) or of any goods or 
 
 chattels in his possession, (*') wherever the same may bo found 
 
 sudi arrears of taxes and the lawful costs of the said distress, to sell 
 and dispose of the said distress according to law, for the recovery of 
 tlie said arrears of taxes together with the said costs, and for j-oiu- so 
 doing, this shall be your sufficient authority. 
 
 Given under my hand at, <fec., this day of , A.D. 18*; — . 
 
 E. F., Collector. 
 
 Of course the collector would be liable for anything done by the 
 bailiff, which ho had authorized the bailiff to do. {Corhett v. Joliuxfon 
 el al. 11 U. U. C. P. 317 ; S. C. 7 U. C. L. J. 319.) Whether he would 
 like a sheriff be liable for anything done by the bailiff, without Ihc 
 authority of or contrary to the direction of the warrant, is a question 
 which has never yet been determined. The late Chief Justice McLean 
 was of opinion in the affirmative, but the late Sir John Robinson ex- 
 pressed grave doubts on the question. (See Fraser v. Paffn ct til. 18 
 U. C. Q. B. 330, 338.) If there be several rates, the legal separable 
 from the illegal rates, unless the sums due in respect of the legal rates 
 bo paid or tendered, an action of replevin will not lie. [Corlett\. 
 Johnston et al., 7 V. C. L. J. 319.) 
 
 (/) With costs. Until this act became law, there was no scale or 
 tariff of costs (see Murray v. McNair, 2 Local Courts Gazette, 14), but 
 now it is provided that "the costs chargeable shall be those payable 
 to bailifl's under the Division Courts Act." (Sec. 97.) . 
 
 {g) A pinning machine standing by its own weight on the floor 
 witliout fastening, with belts and an engine to work it, has been held 
 to be a chattel liable to seizure for taxes. {Hope et al. v. Cnmnung, 
 10 U. C. C. P. 118.) So an engine and boiler detached from tlie free- 
 hold by a fire, liave been held to be chattels. ( Walton et al. v. Jiu-vi.% 
 14 U. C. Q. B. 640.) So temporary floors, scantling, partitions, i)ressos, 
 shafting, vats, cocks and other such things. (Iluffhes et al. v. Tokcvh, 
 1(5 U. C. C. P. 287.) So machinery of different kinds detached from 
 the freehold {Carscallan v. Moodie, 15 U. C. Q. B. 304) unless i)L'rl(ap3 
 for a temporary purpose, with the intention of again replacing it in its 
 former position. {Grant v. Wilson et al., 17 U. C. Q. B. 144 ; see also 
 The Great Westet-n Railway Company v. Bain, 16 U. C. C. P. 207.) 
 
 (/«) What is the meaning of the expression " who ought to ])ay tlie 
 same ?" Is it to be considered witti reference to the time during which 
 it may be said the collector's roll is in force for each year's taxes, or 
 is to be understood as extending to any length of time and to any per- 
 son who may happen at the time of the distress to be in possession V 
 Tlu' former appears to bo the proper construction of the act. ( Uokomb 
 V. Shaw, 22 U. C. Q. B. 92 ; Shiith v. Shaw, 8 U. C. L, J. 297.) 
 
 (/) It is evident the Legislature intend the taxes to be paid in some 
 way, and think it better to make any goods in the possession of the 
 part}', whether belonging to himself or not, liable without doubt for 
 the taxes, than that the collector siiould bo at the risk and expense of 
 contesting title with every one who might claim title to tlio goods 
 seized. (Per Robinson, C. J., in Fraser v. Paye et al., 18 IJ. C. (I. B. 
 S4o.) No action will lie against a collector or his bailiff for distniiuing 
 
 i 
 
THE MUNICIPAL MANUAL. 
 
 409 
 
 withia the County in wliich the Local Municipality lies; (,/) 
 the costs char{2;eable shall be those payable to Bailiffs under 
 the Division Courts Act. (k) 
 
 08. In case of the land of non-residents, who have required whenCoiiec- 
 their names to be entered on the Roll, (I) the Collector, after tTni.rfo? **''" 
 one month from the date of the delivery of the Roll to him, rateRonnon- 
 and after fourteen days from the time such demand as afore- '^"^ '''° *° . 
 said has been transmitted to him by post, (m) may make dis- 
 tress of any goods and chattels which he may find upon the 
 laud, («) and no claim of property, lien or privilef^e shall be 
 available to prevent the sale, or the payment of the taxes and 
 costs out of the proceeds thereof- (<>)■• 
 
 00. The Collector shall, by advertisement, posted up in at Public notue 
 least three public places in the Township, Villaf^e or Ward friv"*i)!ana Ui 
 wherein the sale of the goods and chattels distrained is to be wUntmauutfr 
 made, give at least six days' public notice of sale, and of the 
 name of the person whose pi'operty is to be sold ; (p) and at 
 the time named in the notice, the Collector or his agent shall 
 sell at public auction the goods and chattels distrained, or so 
 much thereof as may be necessary, (q) 
 
 tlie goods of a stranger without necessity, upon tlie allegation that 
 tiiere were j^oods enou»;h of the person who ought to pay the taxes to 
 satisfy the demand. {JfcElheron v. Memicn, V U. C. L. J. 244.) 
 
 (,;*) The range, it will be observed, is a pretty wide one — the whole 
 of the county in which the local municipality lies. 
 
 (A-) See note / ante. 
 
 (/) Occupied land is not to be deemed land of non-residents. {Muce 
 V. liuttmi, 7 U. C. L. J. 299.) 
 
 (»h) DcBlaquiere v. Beckei' d al., 8 U. 0. C. P. 167, deciding, under 
 the 10 Vic. cap. 182, that a demand was not a condition precedent to 
 a distress, must at all events, so far as non-residents who have required 
 their names to be entered on the roll are concerned, be taken as no 
 longer law. The demand, or statement and demand, here mentioned, 
 is made necessary by sec. 96 of this act. 
 
 (m) See note/; to sec. 97. 
 
 (i>) See note i to sec. 97. 
 
 (/)) Errors or defects in the advertisement of sale would not, it is 
 believed, affect the title of the purchaser to the goods and chattels by 
 him purchased at the Collector's sale. (See Jarvis v. Caylet/, 11 U. 0. 
 Q. B. 282 ; Patcrson v. Todd, 24 U. C. Q. 13. 296.) 
 
 ('/) The Collector, after sale, would, it is apprehended, be in a posi- 
 tion to sue the purchasers for the price of the things sold {s^Qjarvk v. 
 t'aiilc;/, 11 U. C. Q. B. 282); but, in order to bind the Collector as 
 against the purchaser, there should probably bo some memorandum in 
 writing on delivery of the goods sold, so as to bind the sale. (See 
 Mingaye v. Vorbctt, 14 U.'C. C. P. 557.) 
 
 
1 ! 
 
 410 
 
 THE MUNICIPAL MANUAL, 
 
 Surplus, if 
 unclaimed, 
 to bo paid to 
 tlie party ia 
 M'luise po8- 
 EPEsinn the 
 goods were. 
 
 100- If the property distrained has been sold for more 
 than the amount of the taxes and costs, and if no claim to the 
 surplus be made by any other person, on the ground that the 
 property sold belonged to him, or that he was entitled by lien 
 or other right to the surplus, (»•) such surplus shall be returned 
 to the person in whose possession the property was when the 
 distress was made, (s) 
 
 Or to admit- 101. If any such claim be made by the person for whose 
 caman . ^jjjgg ^jjg property was distrained, (/) and the claim is admit- 
 ted, the surplus shall be paid to the claimant, (u) 
 
 If tbe right 
 to such sur- 
 plus be con- 
 tested. 
 
 Taxes not 
 otherwise 
 recoverable 
 may be 
 recovered by 
 miction. 
 
 103- If the claim is contested, such surplus money shall 
 be paid over by the Collector to the Treasurer or Chamberlain 
 of the local Municipality, who shall retain the same until the 
 respective rights of the parties have been determined by action 
 at law or otherwise, (v) 
 
 103. If the taxes payable by any person cannot be reco- 
 vered in any special manner provided by this Act, they may 
 be recovered with interest and costs as a debt due to the local 
 
 (r) The goods and chattels of ani/ person in the possession of the 
 person who ought to pay taxes (sec. 97), or ani/ goods on the land of a 
 non-resident who has required his name to be entered on the roll 
 (sec. 98), may be distrained and sold for taxes ; but if a surplus, that 
 surplus, if the good- and chattels were really not the property of the 
 person for whose taxes they were sold, in law and equili/ must belong 
 to the owner of the goods and chattels so sold. It is hard that any 
 part of his goods should be sold to pay the liability of another, with 
 wliom he has no privity, but it would be still more hard if he could 
 not claim any surplus that might be left after payment of the arrears 
 of taxes and costs. 
 
 (s) Tlie receipt of the surplus by the owner of the goods would not, 
 unless accepted in satisfaction, be any condonation, so as to i)vevent an 
 action being brought to recover the value of the goods if tlie sale were 
 from any cause illegal. (See Evans v. Wright, 2 11. tt N. 527 ; liolihixou 
 V. S/dM, 15 U. C. C. P. 380.) 
 
 (t) See note r to sec. 100. 
 
 (u) If the claim be disputed, the Collector may pay over tiie money 
 to the Treasurer or Chamberlain of the local municipality, who may 
 retain the same until the rights of the i)artie3 have been determined 
 by action at law or otherwise. (Sec. 102.) 
 
 (?') It is not said that the Collector, on payment of the money to the 
 Treasurer or Chamberlain, would be thereby discharged or relieved 
 from acting at the suit of the rival claimants, or either of them ; but 
 such is the fair intendment of the. section ; and where the sale itself is 
 legal, such would probably be the construction put upon the .=eetiun by 
 the Courts, 
 
THE MUNICIPAL MANUAL. 
 
 411 
 
 c 
 e 
 
 Municipality; ((/) in which case the production of a copy of CrpyofCoi- 
 so much of the Collector's Roll as relates to the taxes pnyjihle ]'oh'Jj,r"J,a 
 hy such person, purportinj» to be certified as a true copy by •Z'"^";''*'- 
 the Clerk of the local Municipality, shall be prima facie uuwmit .lue. 
 evidence of the debt, (i) 
 
 ill 
 
 I 
 
 i 
 
 ¥ 
 
 (a) The right to sue for taxes is apparently only given when the 
 taxes " cannot be recovered in an3- special manner provided by tliis 
 act," such as distress and sale in the case of resident tax-payers, and 
 sale of lands in the case of non-resident proprietors who have requested 
 their names to be put on the roll. (See Municipality of Berlin v. 
 Grange, 5 U. C. C. P. 211.) In order to entitle a Municipal Corpora- 
 tion to sue for a tax imposed in the ordinary manner upon resident 
 rate-payers, the Corporation must be able to show, in the first place, 
 that the defendant's name is on the roll (see Sargant v. The City of 
 Torouiu, 12 U. C. C. P. 18.5 ; McCarrall v. Watkins, 19 U. C. Q. B. '248), 
 and, in the next place, that thej' have done what would be necessary 
 to entitle them to distrain by warrant for the same tax, if the person 
 sued jjad goods that might be seized, except perhaps there would be no 
 occasion to make the previous demand mentioned in section 95 (per 
 llobiusou, C. .1., in Tlie Municipality of London v. llie Great WciiUru 
 Rail wan Company, IG U. C. Q. B. 502) ; and neither by distress nor by 
 action can a rate-payer bo compelled to pay a tax of which such notice 
 lias not been given to him as the law has provided in the 49th section 
 of tliis act. (76.) By this is not meant that the plaintiffs in such an 
 action are bound to set forth in the declaration that tiiey have given 
 such notice as tiio law requires before the assessment roll was finally 
 completed— tliat may perhaps be assumed till the contrary is shown — 
 but it must be open to the defendatit to dcn^' tliat such notice was 
 given, and to put plaintiffs to the proof of it. (Ih.) Qiuvre, as to the 
 efi'ect of an averment in the declaration, " that a tax of 128/. lis. 1 ]d. 
 was duly asseiised against tlie defendant for the year 185fi, of which tlie 
 defendants had notice. (III.) It does not niicessarily mean more tliau 
 tiiat some time before the action was brought, and, for all that appears, 
 after the assessment roll had been coinj)leted, and the time for tiie appeal 
 had passed, tlie defendants had due notice that such a tax was assessed 
 against them. (76.) In order to entitle the Corporation to sue a non- 
 resident owner of lands, it must net only appear that the special 
 remedies provided bj' the act are unavailable, and that the defendant's 
 name is oi^.tlie roll, but, besides, it must be distinctly averred and 
 proved that the owner had requested his name to be placed on the 
 roll. (7'//e Municipality of Berlin v. Grange, 1 Er. & Ap. 279.) 
 
 (6) The former part of the section provides for the action, and this 
 part for the evidence to sustain it. Tlie production of a copy of so much 
 of the Collector's roll as relates to the taxes payable by such person, 
 purporting to be certified as a true copy by the Clerk of the local muni- 
 cipality, shall be prima facie evidence of the debt. No proof of the 
 signature of the Clerk is njiparently made necessary. If the certificate 
 produced purports to be signed by him, it will be received on produc- 
 tion. But when received, it is onlj- prima facie evidence; in otiier 
 words, its accuracy, or the facts it represents, may be disputed and 
 disproved. 
 
 
r 
 
 412 
 
 Collector to 
 return his 
 roll and pay 
 over the pro- 
 ceeds by the 
 day, to La 
 appointed by 
 .Munii'ipHl 
 Ciiuiicil. 
 
 THE MUXICIPAL MANUAL. 
 
 lO'i:. On or before the fourteenth day of December in 
 every year, or on such day in the next year not later than the 
 first of April, as the Council of the City, Town, Township or 
 Village may appoint, every Collector shall return his Roll to 
 the Treasurer or Chamberlain of his Municipality, (c) and 
 shall pay over the amount payable to such Treasurer or Cham- 
 berlain ; specifying in a separate column on his Roll how much 
 of the while amount paid over is on account of each separate 
 rate. (</) 
 
 {<•) It '1 Mifi •■ ;,he Collector, under this section, on or before a 
 
 day named .11 'ii^ ' for the pnrpose, not later than the 1st April 
 
 (see note i to :i. . J, u<ui note u to sec. 60), to return his roll, and \)!\y 
 over the nnionnt payable, specifying in a separate column on his roll 
 1k)w much of t'le whole amount is paid over on account of each sepa- 
 rate rate. l>')es ti- ■ Colhc' - at any time, and if so, when, become 
 incapable of exerci^.ii .^ his u.. . tions as Collector? Suppose the Muni- 
 cipal Coimeil does not extend Iho rime beyond the 14th of December, 
 does he on that day become fmicfiis ojflvioi No doubt he may receive 
 monej's on account of taxes after that day, provided he has not made 
 his return, and no doubt his sureties would be liable for moneys so 
 received. (See Corporation of Whitbi/ v. Harrison, 18 U. C. Q. B. OdG ; 
 'JjM v. rvrrii et al, 20 U. C. Q. B. 649.) But whether he may talve 
 tiie compnhorti powers with which he is invested, is another question. 
 The enactments which provide for the appointment of Collectors (sec. 
 104 of the Municipal Act, and sees. 19 and 20 of the Assessment Act), 
 contain no limitation as to the time they shall hold otlice ; and it is 
 declared by sec. 177 of the Municipal Act, that all officers appointed by 
 a Council shall hold office until removed by the Council. (See llie Co'r- 
 portition of the Township of Beverlei/ v. BarloiB et al., 7 U. C. L. J. 117; 
 Li re Mc'Phcrson v. Beeman, 17 U. C. Q. B. 99.) The better opinion 
 seems to be, that the Collector does not become functus officio so long 
 as lie holds the office, and so long as his roll is not returned ; in other 
 words, that his authority to collect taxes on the roll is co-extensive 
 with the term of his office, provided in the interval he has not returned 
 his roll. The different provisions for the enlargement of ilie time for 
 his making his return are in favour of the Collector, and provisionally 
 in favor of the rate-payers. This was the opinion of McLean, J., and 
 Burns, J. (Robinson, C. J., dissentienle), in Newbcrrji v. Stephens, (16 
 U. C. Q. B., 65,) and was in fact the decision of the C(nirt in that 
 case since recognized iu 3feBri(le v. Gnrdhnin (8 U. C. C i'. 296), and 
 McLean and Farrcll (21 U. C. Q. B. 441). Teefta v. Carson (1 U. C. 
 L. J. 29), to the contrary, must be considered as overruled. 
 
 [d) If a Collector refuse or neglect to pay to the jiroper Treasurer or 
 Chamberlain, or other person autliorized to receive the fumw, the sums 
 contained on his roll, or duly account for tlie same as uncollected, 
 tlien not only may the ordinary remedy by action against his sure- 
 ties be applied, but the Treasurer or (')iamberlain may, within twenty 
 days after the time the ])ayment ought to have been made, issue 
 a warrant under his hanil and seal, directed to the SiierHf of tiio 
 county or High BnilitF of tlie city (as tiio case may be), conunanding 
 him to levy of the goods and chattels, lands and tenements of the Col- 
 
 I,- 
 
THE MUNICIPAL JklANUAL. 
 
 413 
 
 3h 
 
 tc 
 
 I* 
 
 Another 
 
 EerRon may 
 e employed 
 to collect 
 taxes which 
 the collector 
 does not 
 collect by a 
 certain day. 
 
 tOS. In case the Collector fails or omits to collect the 
 taxes or any portion thereof", by the day appointed or to be 
 appointed as in the last preceding section mentioned, the 
 Council of the City, Town, Village or Township may, by 
 resolution, authorize the Collector or some other person in his 
 stead, to continue the levy and collection of the unpaid taxes 
 in the manner and with the powers provided by law for the 
 general levy and collection of taxes, but no such resolution or 
 authority shall alter or aifect the duty of the Collector to 
 return his Roll, or shall in any manner whatsoever invalidate 
 or otherwise afifect the liability of the Collector or his 
 sureties, (e) 
 
 10G- If any of the taxes mentioned in the Collector's Roll pioccediiics 
 remain unpaid, and the Collector be not able to collect the '^'""eumira 
 same, he shall deliver to the Chamberlain or Treasurer of his as unpaid 
 Municipality, an account of all the taxes remaining due on the 
 Roll ; and in such account the Collector shall show, opposite 
 to each assessment, the reason why he could not colfect the 
 same, by inserting in each case the words " non-resident" or 
 " not sufficient property to distrain," as the case may be. (/) 
 
 107. Upon making oath before theTreasurer or Chamber- when coiioc- 
 lain that the sums mentioned in such account remain unpaid, *°^*[" k®, 
 and that he has not, upon diligent enquiry, been able to dis- the amount. 
 
 lector anil his sureties, such sum as remains unpaid and unaccounted 
 for, with costs, and to pay to tlie Treasurer or Chamberlain the sum so 
 unaccounted for, and to return the warrent within forty days after the 
 date thereof. (Sec. 182.) 
 
 (c) Tliis section is intended to give the Council power by resolution 
 to authorize the same collector or any other person in his stead, to con- 
 tinue collections which are being made, but not completed, at tlie time 
 appointed for the return of the collector's roll. The power, however, 
 cannot be exercised after the final retwn of the roll by tlie collector, 
 and after the lapse of several years. (Holcmnb v. Shaw, 22 U. C. Q.B. 
 92 ; Smith v. Shaw, 8 U. C. L. J. 29*7.) But the land is not thereby 
 excused ; the arrears of taxes are a special lien on the land. (Sec. 108.) 
 
 (/) It id the duty of a collector to return his roll by a day named 
 or appointed for the purpose. (Sec. 104.) It is also his duty under 
 the section liere annotated, wliun unable to collect any tuxes, to 
 deliver an account of all taxes remaining due on the roll, and in such 
 account lie is required to show the reason why he could not collect the 
 same. If lie fail in the performance of these duties, proceedings by 
 action may be had against himself, or his sureties and himself, pro- 
 ceedings also of a very summary character. (See see. 182.) If these 
 remedies be of no avail (and not till then) a court of law may interfere 
 by mandamus. {In re Quin and the Treamrer of the Town of Dunda», 
 23 U. C. Q. B. 808.) 
 
414 
 
 THE MUNICIPAL MANUAL. 
 
 Taxes to be 
 a lien upon 
 land. 
 
 TiistSOflHDil!) 
 
 f;raute(l. &c., 
 to be fur- 
 
 Difihed HDDU- 
 
 atly to 
 County Trea- 
 surer byCom- 
 missiouer of 
 Crown Lun'la 
 
 cover sufficient goods or chattels helongln<i( to or in possession 
 of the parties charged with or liable to pay such sums, whereon 
 he could levy the same, or any part thereof, the Collector shall 
 be credited with the amount not realized. (^) 
 
 108. The taxes accrued on any land shall bo a special 
 lien on such land, having preference over any claim, lien, 
 privilege or incumbrance of any party except the Crown, aud 
 shall not require registration to preserve it. (A) 
 
 Yearly Lists of Lands granted by the Ckow.v. 
 
 109. The Commissioner of Crown Lands shall, in the 
 month of February in every year, transmit to the Treasurer of 
 every County, a Hat of all the land within the County, located 
 as free grants, sold or agreed to be sold by the (^rown, or 
 leased, or in respect of which a license of occupation issued 
 during the preceding year, (t) 
 
 i 
 
 (r/) This appears to intend that the proper course is, for the Muni- 
 cipal Council in the first instance to debit the collector with all the 
 tuxes on his roll, and from time to time, ns he pnj's over nionoys, credit 
 him therewith, until he finds himself unable to collect the balance, and 
 then accept from him the oath hero required and credit him with the 
 amount not realized, so as to close the account. 
 
 (h) The eflfect of this provision will make it necessary for every 
 intending purchaser, to search not only the Register OfHcc for deeds 
 or conveyances affecting land, but the office of the County or other 
 Treasurer who would be able to give information as to the faxes, 
 if any due upon it. (See remarks of Burns, J., in Ilokomh ct nl. v. 
 Shaw, 22 U. C. Q. B, 107.) But apparently it is no part of attorney 
 or solicitor's duty, imder an ordinary retainer, for the investigation 
 of title, to make such a search. {Ross v. Strath/, 16 U. C. Q. B. 480.) 
 The lien is not only made special, but one having preference over any 
 claim, lien, privilege or incumbrance of any party except the ('rown, 
 but even in the case of the Crown, if the lien have attached before tiie 
 Crown became the owners of the land, the lien holds ns against the 
 Crown. (Per Adam Wilson, J., in The Secrctan/ of War v. The Cor- 
 poration of the City of Toronto, 22 U. C. Q. B. 5'o5.") 
 
 (i) All land in Upper Canada, subject to certain exceptions, is liable 
 to municipal taxation. (Hec. 9.) 
 
 One of these exceptions is, all property vested in or held by Her 
 Majesty. (Sub-sec. 1.) 
 
 This exception, however, is qualified by a declaration that when any 
 such property is occupied by any person otherwise than in an official 
 capacity, the occupant shall be assessed in respect thereof, but the 
 property itself shall not be liable. (76. sub-sec. 2.) 
 
 Unpatented land, sold or agreed to be sold to any person, or located 
 as a free grant, so far as the interest of the purchaser or locatee is con- 
 cerned, is made liable to taxation. (Sec. 128.) 
 
 For the purposes of assessment, the motive for requirinff a return to 
 the Treasurers of counties of lands located as free grants, sold or agreed 
 
THE MUNICIPAL MANtTAL. 
 
 415- 
 
 )n 
 3n 
 
 ial 
 
 he 
 of 
 
 County Trev 
 Biirer to fur- 
 nlHh local 
 rlorks with 
 lUtfi of land* 
 Ave years in 
 nrrenr tor 
 tasea. 
 
 110- The County Treasurer shall furnish to the Clerk of CountvTrea- 
 each local Municipality in the County a copy of the said lists, Xhacopy' 
 us far as regards lands in such Municipality, and such Clerk "^'p?"k***i 
 shall furnish the Assessors respectively a statement showing locai muuici' 
 what lands in the said annual list are liahle to assessment i'""''""- 
 within such Assessor's assessment district, (^j) 
 
 CouNTT Treasurers, Local TREASunEns, Clerks and Assessoes. 
 
 Their Duties. 
 
 111. The Treasurer of every County in Upper Canada shall 
 furnish to the Clerk of each Municipality in the County a list 
 of all the lands in hia Municipality, in respect of which any 
 taxes shall have been in arrears for five years preceding the 
 first day of January in any year; (Jc) "and the said list shall 
 be so furnished on or before the fifteenth day of February in 
 every year, (J.) and shall be headed in the woids following: 
 " List of lands liable to be sold for arrears of taxes in the year 
 one thousand eight hundred and — ■ — ■;"Cm^ and for the 
 
 to be sold or leased by the Crown, or in respect of which a license of 
 occuiintion lias issuecf, is self-evident. (Per Draper, C. J., in Street v. 
 The Corporation of the Coimty of Kent, 11 U. C. P. P. 260.) When 
 Street V. The Corporation of the County of Kent was decided, the assess- 
 ment law had not been extended to lands " sold or agreed to be sold." 
 That was done by the statute 27 Vic. cap. 19, sees. 9, 10, 11, which haa 
 been embodied in the section under consideration. 
 
 (_;■) Tlio County Treasurer is made the organ of communication 
 between the Government and the officers of the local municipalities. 
 The officers for whom the information is really designed, and who will 
 make the necessary ui^e of it, are the local assessors. 
 
 (/•) No taxes for a year or part of a year are made payable until the 
 Collector's roll is placed in the Collector's hands ; because, until that 
 is done, there is no authority to receive them. This may be as late as 
 the 1st October. (Sec. 92.) So that it was held, that the year's taxes 
 could not be considered as due in any sense, until after the time for 
 appealing from the assessment roll had expired, and the municipality 
 had fixed the rate which should be imposed. {Ford v. Proudfoot, 9 
 Grant, 478.) But to meet the effect of this decision, it is provided by 
 the latter part of this section, that the taxes for the first year of the 
 five which have expired, under the provisions of this act, on any land 
 to be sold for taxes, shall be deemed to have been due for five 3'ears, 
 although the same may not have been placed on the collection roll 
 " until Home month iti the year later than tfie month of January." The 
 effect of this provision, read in connection with sec. 18 of this act, is to 
 make the taxes of the first year relate to the first day of January, no 
 matter when placed on the roll, and so in the computation of each 
 subsequent year of the five years. 
 
 (/) On or before the fifteenth day of February, &c. See note i to sec. 
 60, and note u to sec. 60, 
 
 (»?i) The purport of this list, and tlie object of furnishing it, wiU 
 hereafter appear. (Bees. 112, 114.) 
 
416 
 
 TItE MUNICIPAL MANUAL. 
 
 liOoal Clerks 
 to keo|i Ilia 
 lidts iiithulr 
 f'fflces open 
 toinBpt'ctlon, 
 mid (jivo 
 copies to 
 
 Duty of 
 
 Assessors to 
 
 notify 
 
 occupants. 
 
 Lists to be 
 returned. 
 
 purposes of this Act, the taxes for the first year of the five 
 which have expired, under the provisions of this Act, on any 
 land to be sold for taxes, shall be deemed to have been due 
 for five years, althoui^h the same may not have been placed 
 upon a collection roll until some month in the year later than 
 the month of January, (n) 
 
 112. The Clerk of every Municipality in each County is 
 hereby required to keep the said list, so furnished by the 
 County Trcrsurer, on file in his office, subject to the inspec- 
 tion of any person rcquirinn; to see the same; and he shall also 
 deliver to the Assessor or Assessors of the Municipality, each 
 year, as soon as such Assessor or Assessors are appointed, a 
 copy of suoh list; (o) and it shall be the duty of the Assessor 
 or Assessors to ascertain if any of the lots or parcels of land 
 contained in such list are occupied, and to notify such occupants, 
 and also the owners thereof, if known and resident witliin the 
 Municipality, upon their respective assessment notices, that 
 the land is liable to be sold for arrears of taxes, and entor 
 in a column (to be reserved for that purpose) the words 
 " occupied and parties notified," or " not occupied," (as the 
 case may be.) All such lists shall be signed by the Assessor 
 or Assessors and returned to the Clerk with the Assessment 
 Roll, (j>) and the Clerk shall file the siiue in his oflico for 
 
 (n) See note k, above. 
 
 (o) The duty of the Clerk of the local municipality, in regard to tlio 
 list lurnished to him, pursuant to the requirements of the precedint^ 
 section, are twofold : 
 
 1. To keep the said list on file in his office, subject to the inspectiun 
 
 of ani/ person requiring to see the same. 
 
 2. To deliver to the Assessor or Assessors, each year, when ajip<Miited, 
 
 a copy of such list. 
 He has otiier duties to perform in regard to said list, under sec. 1 14. 
 Neglect of any of these duties may be summarily punishc^. (See s. 118.) 
 
 (p) The duty of the Assessor or Assessors, on receipt of the copj- of 
 the list, is fourfold : 
 
 1. To ascertain if any of the lots or parcels of land contained in such 
 
 list are o«cupied. 
 
 2. To notify the occupants and owners thereof, if known or resident 
 
 within the municipality. 
 S. To enter in a column, reserved for the purpose, the words " occu- 
 pied and parties notiified," or " not occupied," (as the case 
 may be.) 
 4. To sign the list or lists, and return same to the Clerk, with assess- 
 ment roll. 
 Besides, the assessors must attach to the list a certificate, signed by 
 tkem, and verified by oath or affirmation. (Sec. 113.) Neglect of any 
 of these duties may be summarily punished. (See sec. 118.) 
 
 a.' 
 
THE MUNICIPAL MANUAL, 
 
 417 
 
 y 
 
 Assessor's 
 ci>rtlfio:ite. 
 
 Form. 
 
 ^lublic use j (5) and every such list, or copy tlioreof, shall be 
 received in any Court as evidence in any case arising concern- 
 ing the assessment of such lands; (r) and the duties herein 
 imposed upon the Treasurer of any County and the Clerk and 
 Assessors of any Municipality, shall be performed by the Cham- ^, , , j,,^^^, 
 berlain or Treasurer and the Chrks and Assessors of Cities uniicUKs 
 and Towns withdrawn from the jurisdiction of the Council of fIoml^?^^I" 
 the County in which such Cities and Towns arc situate, (s) ">"*• 
 
 113. All Assessors shall attach to each such list (<) a cer- 
 tificate signed by them, and verified by oath or aUiimatiun, in 
 the form following : («) 
 
 '• I do certify that I have examined all the lots in this list 
 named, and that I have entered the names of all occupants 
 thereon, as well as the names of the owners thereof, when 
 known, and that all the entries relative to each lot arc true 
 and correct, to the best of my knowledge and Lolicf." 
 
 114. The Clerk of each Municipality shall, before the first r.0,,,1 ci.iks 
 day of iMay in each year, examine the As:«essmont Koll when [,'„'i5s'^vi^j;(.i, 
 returned by the As.sessor, and ascertain whether any lot ii iv,. he<-ome 
 embraced in the said list last received by him from the County "''"'"'• 
 Treasurer, is entered upon the Roll of the year as then occu- 
 pied ; and the said Clerk shall, on or before the first day of 
 
 May in each year, furnish to the County Treasurer a list of 
 the several parcels of land which shall appear on the Resident 
 Roll as having become occupied; (<») and the said County 
 
 (y) Not only is the Clerk to file in hie otfico the original list, " sub- 
 ject to the inspection of any person requiring to see the same" (see 
 note o, above), but to file the signed copies returned to him by the 
 assessors " for public use." 
 
 (?•) Tlie list or copy thereof shall be received in eviilence. The 
 provision is not for the adtnipsion of a certified copy in evidence on its 
 production, as in sec. 103. (See note b to sec. 103.) 
 
 (s) Every city or town withdrawn is a county of itself for municipal 
 purposes. (Municipal Act, sec. 366.) 
 
 {() i. e. The list mentioned in sec. 112. (See note p to that section.) 
 
 (?<) The oath or affirmation may, it is presumed, be made before the 
 liead or otlier members of the Council. (Sec sec. 300 of the Municipal 
 Act, and notes thereto.) 
 
 (a) The duties of the Clerk, under this section, are : 
 
 1. To examine the assessment roll, and ascertain whether any lot 
 embraced in the list received by him from the County Trea- 
 surer, imder sec. Ill, is entered upon the roll as occupied. 
 
 27 
 
418 
 
 TrtE MUNICIPAL MANUAL. 
 
 i 
 
 County Trea- TrcMSurcr rIiiiII, 00 or before the flrat day of July in the then 
 niv UxH™*^ current your, return to the ()ierk of each Municipality un 
 (I UH on them, account ot' iill arrears of taxes due in respect of such occupied 
 Inndn, ineludiiirr the per ceiitafre chareoable under section one 
 hundred and twenty-six of this Act ; (b) and the Clerk of each 
 Municipality nhall, in makin<<; out the Collector'u Uoll of the 
 year, add such arrears of taxes to the taxes aasesned npainst 
 such occupied lands for the current year, and such arrears 
 shall be cnllected in the same manner, and 8nbjni;t to the 
 same conditions as all other taxes entered upon the (!i)lloctor's 
 lloll. (r) 
 
 OIwIe to 
 iumrt Hunh 
 Riiiount on 
 Collector's 
 
 rxlJ. 
 
 2. To fnniish the County Treasurer with a list of tlie several parcel.'? 
 of land wliich appear on the reaitlent roll as havinjj become 
 occupied. 
 
 These he must do on or before the first day of May, as to wiiich see 
 note i to sec. oo, and note m to sec. GO. Neglect thereof may be .sum- 
 marily punirtlicd. (See sec. 118.) 
 
 {!>) Tlie list furnished by the local Clerk, under the preceding part of 
 this section, to the County Treasurer, is to enable the latter to report 
 tlie arrears and per centage due in resj)ect of non-resident land since 
 become oecupied, with a view to the eollectioii of taxes tliereou by 
 iiistre.ss and sale of goods and chattels of the occupant. 
 
 (t) The arrears may be collected in the same mariner, and snltjcd 
 io the same ronditionii, as all other l.ixes upon the Collector's roll. It 
 is provided by sec. 97, that the Collector may, after demand, levy the 
 taxes with costs by distress of the goods and chattels of the person who 
 ought to pa}' the same, or of any goods or chattels in his possession, 
 wherever the same may be found within the county, Ac. ; and by sec. 
 'j8, in the case of non-residents who have required their names to be 
 entered on the roll, the Collector may make distress of any goods and 
 chattels which he may find on the land. There is no doubt, therefore, 
 that goods and chattels on ihc land, as in the case of non-resident 
 lands, would be liable. But the difficulty of restraining the operation 
 of the section to goods and chattels on the land as in the case of non- 
 residents is, that that is only one kind of tax, and tiie act t^ays the taxes 
 siiall be collected in the same maimer and subject to the same condi- 
 tions as all other taxes entered upon the roll. 5fow, upon the roll are 
 the proper taxes of the party charged, which, under sec. 97, may be 
 levied of any goods and chattels in his possession, wherever the same 
 may be found in tlie county. The Court of Queen's Bench, however, 
 have placed upon similar words, as used in the statute 27 Vic. cap. 19, 
 from which this section is taken, the narrow construction of restricting 
 the remedy as to goods and chattels on the land, as being more consis- 
 tent with reason than the broader construction, which would work 
 great hardships and do great injustice in individual cases (see Warne 
 v. Coulter,!^ C. C. Q. B. 177;; and the construction placed upon these 
 words by the court is apparently sanctioned by the Legislature in the 
 following section, which provides what the Collector shall do " if there 
 shall not be sufficient distress upon any of the occupied lauds in the 
 preceding section named," Ac. 
 
TlIK MUNICIPAL MANUAL. 
 
 419 
 
 lliS. If there shall not bo suflicicnt distress upon any of irthereu 
 the ooeupied lands in tho prccedinj^ section named, to satisfy SilaroMou"' 
 the total amount of the taxes charged against the same, (d) •«ciii»D<tH. 
 as well for the arrears as for tho taxes of the current your, (e) 
 the Collector shall so return it iu his Roil to the Treasurer of 
 the Munieipulity, shewing the amount collected, if any, and 
 the amount remaining unpaid, and stating; the reason yfhj 
 payment h;is not been made. (/) 
 
 116- The Treasurer of each local Municipality shall, within 
 fourteen duys after tho time appointed for the return and 
 final Hcttleinent of the Collector's Roll, and before the eighth 
 day of April in every year, (tj) furnish the County Treasurer 
 with a statement of all arrears of taxes and sehool-rates direc- 
 ted in tho said Collector's Roll or by School Trustees to bo 
 collected, such return to contain a description of the lots or 
 parcels of land, » statement of unpaid arrears of tuxes, i'' any, 
 on lands of non-residents, which have become occupied, as 
 required by section one hundred and twelve of this Act, and 
 generally such other information as the County Treasurer may 
 require and demand, in order to enable him to oscertain tho 
 just tax chargeable upon any land in the Municipality for that 
 year, and the County Treasurer shall not be bound to receive 
 any such statement after the eighth day of April in each 
 year. (A) 
 
 StAtement of 
 •rrMr* to be 
 returned by 
 local TreMU- 
 rer to County 
 T'eiuarer 
 KD(t when. 
 
 (d) See note c to sec. 114. 
 
 (c) So far us taxes of " the current" year are concerned, it is clear 
 tlmt tlie collector is not restricted to a distress on tlio land, but may 
 seize any p^oods or chattels in tlie possession of tho party charged, in 
 any part of the county. (See notes to sec. OV.) 
 
 (/) It is not said.in what manner the collector is to appropriate the 
 proceeds of u distress made on the land, when more than enough has 
 been made to pay the taxes ot the current year but not enough to pay 
 tlmt and the taxes under sec. 114, but it is presumed that ho may in 
 such case, iirst apply tho money in the discharge of the taxes of the 
 current year and throw the deticiency upon tho special tax. (See note 
 a to sec. 94.) lie must under this section report to the local treasurer ; 
 
 1. Tho amount collected, if any. 
 
 2. The amount remaining unpaid. 
 
 Stating the reason why payment has not .been made. 
 
 Neglect of this duty may be summarily punished. (See sec. 118.) 
 
 (ff) In the latter part of this section, it is provided that tlio County 
 Treasurer shall not be bound to receive any such statement after the 
 eighth day of April in each year. (See note » to sec. 50 and note u 
 to sec. 60.) 
 
 (h) The return must contain : 
 
 1. A description of the lots or parcels of land. 
 
420 
 
 THK MUNICIPAL MANCAL. 
 
 t 'J 
 
 Liability of 
 landR to sale 
 if arrears are 
 not paid ; 
 and when. 
 
 P.'nalty of 
 !'>c'>.I Clerk 
 neglecting 
 his duties 
 under pre- 
 > •!tliug sec- 
 : ions and on 
 nsFessors *• 
 neg lectins. 
 
 117. In case it shall be found by the statement diroctod by 
 the last preceding section to be made to tlie County Tronsurer, 
 that the arrears of taxes upon the occupied lands of non-resi- 
 dents, directed by the one hundred and fifteenth si'oti(Mi of 
 this Act to be placed on the Collector's Roll, or niiy part 
 thereof, remain in arrear, such lands shall be liable to bo sulj for 
 such arrears and shall be included in the next or any ensniiis.' 
 list of lands to be sold by the County Treasurer under tlu' 
 provisions of the one hundred and twenty-ninth soitimi of rhi- 
 Act, notwithstanding that the same may be ocoupiod in the 
 year ■when such sale takes place, and such arrears .'^hall not 
 again be placed upon the Collector's Roll for collection. ( i) 
 
 118. If the Clerk of any such Municipality shall neglect 
 to preserve the said list of lands in arrears for taxes, furni>^hed 
 to him by the County Treasurer, or to furnish copies of such 
 lists, as required to the Assessor or Assessors, or shall neglect 
 to return to the County Treasurer a correct list of the land;? 
 which have come to be occupied, as required by the one 
 hundred and fourteenth section of this Act, and a statement 
 of the balances which may remain uncollected on any such 
 lots, as required by the one hundred and fifteenth soction of 
 this Act; (_/) or if any Assessor or Assessors shall neglect to 
 examine such lands as are entered on each such list, and make 
 returns in manner hereinbefore directed, (/c) every Officer 
 making such default shall, on summary conviction thereof 
 
 2. A statement of unpaid arrears of taxes, if anj', on lamls of non- 
 residents which have become occupied, as required by sec. 1 1 li. 
 
 And (jeneraUij sneli other information as the County Treasurer may 
 require and demand. 
 
 This information is to be furnished tlie County Treasurer to enable 
 liim to ascertain tlie just tax chargeable upon any land in tlic muni- 
 cipality for that year. 
 
 (i) The ordinary way of realizing taxes on non-resident lands, where 
 the owners are not rated at their own request, is by sale of the land.-;. 
 (Per Richards, J., in MimicipaUty of Berlin \, Grange, 6 U. C. C. P. 211.) 
 But in aid of this remedy,, provision is made in the 114 and subse(iuent 
 sections, for distress of goods and chattels on such lands, when subse- 
 quent to the accruing of the arrears, they become occupied. If the 
 latter fail, the only course left for the County Treasurer, is to fall back 
 upon the principal and ordinary remedy, and that is all that this sec- 
 tion directs. 
 
 {j) The duty to preserve the list and to furnish copies thereof to 
 the assessors, are both imposed by sec. 112. 
 
 {k) The duty of the assessors to examine the lands and to make 
 return thereof, are also imposed by sec, 112. The form of oath i«. 
 given in sec. 113. 
 
THE MUNICIPAL MANUAL. 
 
 421 
 
 rer, 
 
 n (if 
 part 
 
 for 
 lint: 
 
 till- 
 rhi. 
 
 the 
 
 not 
 
 before any two Justices of the Peace having jurisdiction ia 
 the (Juunty in which such Municipality is situated, be liable 
 to the penalties imposed by sections one hundred and seventy- 
 six, one hundred and seventy-seven, and one hundred and 
 sevciity-eitrht of this Act ; all fines so imposed to be recover- 
 ablo by distress and sale of any goods and chattels of the 
 party making default. (/) 
 
 119- After the Collector's Roll has been returned to the 
 TrciiKuror of the Local Municipality, no more money on 
 account of the arrears then due shall be received by any officer 
 of the Municipality to which the Roll relates. (?») 
 
 ItSO. The collection of the arrears shall thenceforth belong 
 to the Treasurer of the County alone, (n) and he shall receive 
 paynien', . fsucli arrears, and of all taxes on lands of non-resi- 
 dimts, ami he shall give a receipt therefor specifying the 
 amount paid, for what period, the description of the lot or 
 parcel of land, and the date of payment, in accordance with 
 '.he provisions of section one hundred and seventy-three of 
 this Act. ((>) 
 
 How to be 
 levied. 
 
 After 8uch 
 return local 
 oflicera not 
 to receive 
 taxes. 
 
 Colieotion of 
 arrears to 
 belong to 
 Treasurer of 
 County only . 
 
 (/) The tine inidcr sec. ITO, is n sum not exceeding $100, and the 
 jiiini^ihment under sec. 178, a fine not exceeding $200, and to im 
 prisoninent until the fine is paid or to imprisonment for a term not 
 •'xceediii!^ six months, or to both fine and imprisonment in the discre- 
 tion of the court, and, imder tiie section here annotated, though not 
 according to the sections mentioned, the fines and penalties may be 
 imposed on conviction before any two justices having jurisdiction in 
 tiie county in which the municipality is situate. 
 
 {in) Tiio collection thencefortli belongs to the Treasurer of the county 
 alone (sec. 120), and any distress or other proceeding on the part of 
 the local municipality for the recovery of the taxes, unless in cases 
 coming under sees. 112 and 114 of this act, would be illegal. (Holcomh 
 V. Shiiw, 22 U. C. Q. B. 92 ; Smiih v. Shaw, 8 U. C. L. J. 297.) It would 
 seetn that the roll should not only be returned by the Collector to the 
 local IMunicipality, but that the latter should return it to the County 
 Treasurer. (See sec. 123.) 
 
 (;/) In cases of non-resident lands subsequently becoming occupied, 
 he ma}- make use of the officers of the local municipality in order if 
 jiossiblo to make the amount of the taxes by distress of goods and 
 chattels on the land, (See sees. 112 and 114, and notes thereto.) 
 
 (o) It having been declared that the collection of the arrears shall, 
 after the return of the Collector's roll, belong to the Treasurer of the 
 county alone, he and he alone is the proper person to receive payment 
 of arrears on lands of non-residents. 
 
 The receipts which he may give should specify — 
 
 1. The amount paid ; 
 
 2. For what purpose ; 
 
422 
 
 The whole 
 amount to be 
 paid at ODca, 
 UDlesH the 
 land U 8ub- 
 divided. 
 
 If demanded 
 Treavvrer to 
 glVH a writ- 
 ten state- 
 ment of 
 
 THE MUNICIPAL MANUAL. 
 
 131. The Treasurer shall not receive any part of the tax 
 charged against any parcel of land unless the whole arrears 
 then due be paid, or satisfactory proof is produced of the pre- 
 vious payment, or erroneous charge of any portion thereof, but 
 if satisfactory proof ia adduced to him that any parcel of land 
 on which taxes are due, has been subdivided, he may receive 
 the proportionate amount of the tax chargeable upon any of 
 the subdivisions, and leave the other subdivisions chargeable 
 with the remainder, (p) and the Treasurer may, in his boolcs. 
 divide any piece or parcel of land which may have been re- 
 turned to him in arrear for taxes, into as many parts as the 
 necessities of the case may require, (y) 
 
 133. The Treasurer shall, on demand, give to the owner 
 of any land charged with arrears of taxes, a written statement 
 of the arrears at that date, and he may charge twenty cents 
 for the search on each separate lot or parcel not exceeding 
 four, and for every additional ten lots, a further fee of twenty 
 cents, but the Treasurer shall not make any charge for search 
 to any person who forthwith pays the taxes, (r) 
 
 3. The deBcription of the lot or pnrccl of land ; 
 
 4. The date of payment. 
 
 He is not in general bound to receive payment of part of tlie nrrear.s. 
 unless the whole be tendered. (Sec. 121.) 
 
 (p) The rule is not to receive part payment of arrears of tax<.'.;. 
 The exceptions created by this section are two : 
 
 1. If satisfactory proof be produced of the previous pa^nieiit <» 
 
 erroneous charge of any part thereof. 
 
 2. If satisfactory proof is adduced that any parcel of land on wliich 
 
 taxes are due, has been sub-divided. 
 The proof in each case is to be such as to satisfy the Treasurer, i.e., 
 be satisfactory io him. It is presumed tiiat if the proof be reasonable 
 the proof will be deemed by him to be satisfactory. It is not sniiposed 
 that any public officer will act otherwise than reasonably in the dis- 
 charge of any public duty cast upon him by virtue of his office. If 
 the proof offered be a paper purporting to be a receipt of a collector, 
 Bcliool trustee or other town, village or township officer, the Treasurer 
 is UKt to accept such proof until he has received a report upon the 
 same, from the Clerk of the municipality interested, certifying the 
 correctness thereof. (Sec. 125, sub-sec. 2.) 
 
 (q) The receipt of a proportion of taxes because of a sub-division 
 and in respect of a subdivided part, necessitates '.le duty upon the 
 Treasurer of charging the remaining sub-divided parts with the re- 
 mainder of the amount of taxes, and if convenient or necessary for 
 that purpose that he should divide the entries of the parcel of land in 
 liis books, and he is here authorized to do so. (See In re Seeker and 
 Faxton, 22 U. C. Q. B. 118.) 
 
 (r) The Treasurer is not bound to submit to the demand of any per- 
 son whether interested or not, requiring a staten\cnt of arrears of tuxes 
 
THE MUNICIPAL MANUAL. 
 
 423 
 
 i 
 
 Lands- oa 
 which taxvi 
 rrmain un- 
 paid to be 
 entered in 
 hooks kept 
 for the par- 
 pose by tie 
 t'outity 
 Treasurer, 
 &c. 
 
 BookF to be 
 inxje up uui 
 biilftiirod 
 yearly. 
 
 193. The Treasurer of every county shall keep a separate 
 book for each local municipality, in which ho shall enter all 
 the lands in the municipality on which it appears from the 
 returns made to him by the clerk and from the Collector's 
 Roll returned to him, that there are any taxes unpaid, and the 
 amounts so due j and he shall on the first day of May in every 
 year, complete and balance his books by entering against 
 every p;ircel of land, the arrears, if any, due at the last settle- 
 raent, and the taxes of the preceding year which remain 
 unpaid, and he shall ascertain and enter therein the total 
 amount of arrears, if any, chargeable upon the land at that 
 date. («) 
 
 124 If at the yearly settlement to bo made on the first Proceedings 
 day of May, (a) it appears to the Treasurer that any land undTfonod 
 liable to assessment has not been assessed, he shall report the been-fwowa 
 same to the Clerk of the Municipality, {U) and the Clerk shall in any yeur. 
 enter such land on the Collector's Roll of the current year, or 
 on the Roll of Non-residents (as the case may be), as well as 
 for the arrears omitted of the year preceding only (if any) as 
 for the tax of the current year ; and the valuation of such land 
 
 on any particular parcel or parcels of land. But it is his duty to 
 submit to the demand of the owner (or his agent which is the same 
 thing) and to give him a written statement of the arrears to date, 
 provided his fees for search (there being no fee for certiticatc or statc- 
 nient) be paid or tendei'ed, or provided the person making the demand 
 be aiitliorized to do so, and forthwith pays the taxes. 
 
 (s) The duties of the Treasurer under this section are: 
 
 1. To keep a separate book for each local municipality. 
 
 2. To enter therein all the lands in the municipality, on which it 
 
 appears from returns made to him by the <Jlerk aud from the 
 ctdlector's roll returned to him, that there are any taxes un- 
 paid. 
 
 3. To enter therein the accounts so due. 
 
 4. To complete and balance his books on the first day of May in every 
 
 year. (See note i to sec. 60 and note u to sec. CO. ) 
 
 5. To enter tiierein the. total amount of arrears, if any, chargeable 
 
 upon the lands at that date. 
 
 If at the yearly balance it appears that there are any arrears due 
 vipon any parcel of land, the Treasurer must add to the whole amount 
 then due, eight per cent thereon. (Sec. 126 ) 
 
 The books when correctly kept are evidence of the land being five 
 years in arrear, on ejectment brouglit for the recovery of the land by 
 a vendee on a sale for toxes. (See Jlall v. Hiil, 22 U. C. Q. B. 616.) 
 
 (a) See note s to sec. 123. 
 
 (6) All land in Upper Canada, subject to few exceptions, is liable 
 to be assessed. (See sec. 9, sub-sees. 1, 2, 3, 4, i, 6, 7, 8, 9 A 10.) 
 
424 
 
 Uiiw land 
 shnl 1 be 
 vahitfd. 
 
 Appeal from 
 valuation. 
 
 Treas.ner to 
 
 corre.;t 
 
 errors^ 
 
 As to pre- 
 ten loii 
 rec.ip's, &e. 
 
 i;\ 
 
 ' \ 
 
 THE MUNICIPAL MANUAL. 
 
 SO entereJ, shall be the average valuation of the three previous 
 years, if assessed for the said three years, but if not so assessed, 
 the Clerk shall require the Assessor or Assessors for the cur- 
 rent 3'ear to value such lands, and it shall be the duty of the 
 Assessor or Assessors to value such lands when required, and 
 certify the valuation in writing to the Clerk. (<•) The owners 
 of such lands shall have the right to appeal to the Council at 
 its next or some subsequent meeting after the taxes thereon 
 have been demanded by the Collector, but within fourteen 
 days after such demand, which demand shall be made by the 
 Collector before the tenth day of November, and the (.(tuncil 
 shall hear and determine such appeal on some day not later 
 than the first day of December, {d) 
 
 t^S The County Treasurer may correct any clerical error 
 which he himself discovers, from time to time, or which may 
 be certified to him by the Clerk of any Municipality : (r) 
 
 2. If any person produces to the Treasurer, in satisfaction 
 of a tax, any paper purporting to be a receipt of a Collector, 
 School Trustee, or other Town, Village or Township officer, lie 
 
 (t) Tlio object of this section la to make subject to taxes land tliat 
 oiiglit to have been assessed, but which, from some cause, was not 
 ii.iseased. Tiie procedure provided for tlie purpose is the best, uiuUt 
 the circumstances, that could be devised to meet the exigencies of such 
 n case. Tiie Treasurer may himself at any time correct clerical errors. 
 (See sec. 123.) 
 
 (d) Tiie duties of the Court of Appeal are required to be performed 
 on or before the Ist June. (Sec. 60.) But here, it will be observed, 
 tlio appeal is not given to the Court of Appeal, but direct to the Council. 
 The demand for i>ayment of taxes must be made by the Collector before 
 the 10th November, and the api^al must be made within fourteen days 
 after demand, or it cannot be made at all. 
 
 (e) A rate-payer, from 1858 to 1861, inclusive, occupied as lessee a 
 house and land adjoininj» on lot 24, part of which lot, in 1854, liiid 
 been laid out by his landlord '.ito village lota, and a plan of the snl-li- 
 vi.sions filed in the Registry office. lie had been regularly assessed, 
 and had paid for the premises thus occupied by him, but the whole of 
 lot 24 had, during these four j'eara, been returned as non-resident. 
 After tlie Treasurer had issued his warrant for sale to the Siierill, he 
 was applied to to correct the alleged mistake in the roll^ so as to excejit 
 the part occupied by the ratepayer above mentioned from that returned, 
 but refused to do more than allow the Sheriff to deduct the amount 
 paid by the rate-payer. A certificate was presentett'to the Township 
 Clerk for signature, to be addressed to the Trea.surer, with a view of 
 notifying him of certain errors in the mode of assessment of the lot 
 number 24, but the Clerk declined to sign it, alleging that he did not 
 think he would bo justified in doing so. The Court of (Queen's BimkIi, 
 on an application for a mandamus, refused to interfere. (/)i ro iScc/:cr 
 audPaxlon, 22 U. C. Q. IJ. 118.) 
 
THK MUMCIPAL MANUAL. 
 
 43;> 
 
 rs 
 
 at 
 
 )M 
 Ml 
 
 lie 
 
 lie 
 
 I 
 
 r-liall not accept such proof until he has received a report upon 
 the same from the Clerk of the iMunieipality interested, certi- 
 fyin<: the correctness thereof (/) 
 
 l!20. If at the Lalanee to be made on the first day of May 
 in every year, (j/) it appears that there arc any arrears due 
 upon any parcel of land, the Treasurer shall add to the whole 
 amount then due eight per cent, thereon. (A) 
 
 t2T. Whenever the County Treasurer is satisfied that 
 there is distress upon any lands of non-residents in arrear for 
 taxes, (/) he shall issue a warrant under his hand and seal to 
 the Collector of the local Municipality, (it) \jho shall thereby 
 be authorizad to levy the amount due, upon any goods and 
 chattels found upon the land, in the same manner and subject 
 to the same provisions as arc contained in the sections from 
 section ninety-seven to section one hundren and one of this 
 Act, with respect to distresses made by Collectors, (j) 
 
 Kight per 
 cent to Ihj 
 Hiided to 
 Hrreiirs 
 yeurly. 
 
 If there ba 
 di^jtressupon 
 iHiids of null' 
 rosidfiits, 
 County 
 Treasurer 
 may author- 
 ize Collecti>r 
 to levy. 
 
 (/) Set' note p to sec. I'il. 
 
 iff) See sec. 123. " 
 
 (/«) The nckUtion of eight (formerly ten) per cent, is each j-enr to be 
 added to the whole amount (including previous additions of eight per 
 cciir.) then due. ( Gilk/tpie et al. v. Vifi/ of Hamilton, 12 U. C. C. P. 42t).) 
 
 {i) It is not made the du*^y of the Treasurer to search for a distress 
 on lands ; but if satisfied that there is a distress, he must issue a war- 
 rant of distress. In order, therefore, to render the Treasurer liable for 
 not making a distress, it would be necessary to aver and prove that he 
 Iiad notice of the distress. (See Foley v. Moodle, 16 U. C. Q. B. 254.) 
 The neglect of a Collector whose duty it was to search for distress, 
 was held not to invalidate a sale subsequently made of the land for 
 arrears that might in whole or in part have been satisfied by such dis- 
 tress. [Allan v. Fhhcr, 13 U. C. C. P. 03.) The old law was formerly 
 otherwi:Je, especially if it could be shown that there was a sufficient 
 distress on the land at the time of the sale. (See Dobbie v. Tally, 1(> 
 U. C. C. P. 432.) But proving that there were a few pieces of timber 
 on the lot, cut down by trespassers, and left by them to be prepared for 
 ;Market in a lot, or that some persons were in the habit of making sugar 
 on ili'i lot, leaving kettles and sap-troughs thereon, were held not suffi- 
 cient eviu'-'Uee of a distress being on the land to invalidate the sale of 
 it f(M' taxes (S.'e Stafford v. Williams, 4 U. C. Q. B. 488 ; Boe Upper v. 
 Edwards, 5 U. C. Q. B. 594 ; Boe d. Powell v. Rwiwn, 2 U. C. Q. B. 201 ; 
 Fram- v. Mat'Jce et al., 19 U. C. Q. B. 150.) The old law as to the neces- 
 sity of a distress, and the omission to distrain invalidating a sale, was 
 apparently altere'd by the statute 13 & 14 Vic. cap. 67. (See Hamilton 
 et al. V. McDonald, 22 U. C. Q. B. 136; McDonell et al. v. McDonald, 
 24 U. C. (I B. 74.) 
 
 (ii) If tiie Treasurer be satisfied of the snfficiency of the distress, 
 his duty to issue the warrant of distress appears to be imperative. 
 
 (J) See sees. 98, 99, 100 & 101, and notes thereto. 
 
420 
 
 THE MUNICIPAL MANUAL. 
 
 u 
 
 From what 
 ppriOii iin- 
 p:i tented 
 .land slmll bo 
 lial>le to 
 taxation. 
 
 Hiijhtsorfhe 
 Crown saved 
 
 When lauds 
 to be soU for 
 taxtis. 
 
 Arrears duo 
 for five yi'ars 
 to be levied 
 by warrant 
 of the 
 w.irden to 
 the.Treasu- 
 r«r. 
 
 138. Unpatented land vested in or held by ITer ]\Iajoi^ty, 
 •which shall hereafter be sold or a<i;reed to be sold to any pcr.'<oii, 
 or which shall be located as a free grant, shall bo liable to 
 taxation from the date of such sale or grant, (/o) and any .such 
 laud which has been already sold or agreed to be sold to any 
 person, or has been located as a free grant, prior to the first day 
 of January, one thousand eight hundred and sixty-three, (/) 
 shall be held to have been liable to taxation since the first 
 day of January, one thousand eight hundred and sixty-three, 
 and all such lands shall be liable to taxation thenceforward 
 under this Act, in the same way as other lands, whether any 
 license of ocuupation, location ticket, certificate of sale, or 
 receipt for money paid on such sale, has or has not been, or 
 shall or shall not be issued, and (in the case of sale or agree- 
 ment for sale by the Crown) whether any payment has or has 
 not been, or shall or shall not be made thereon, and wliether 
 any part of the purchase money is or is not overdue and un- 
 paid ; (w) but such taxation shall not in any way affect the 
 rights of Her Majesty in such lands, (re) ' 
 
 130- Whenever a portion of a tax on any land has b-" 
 due for and in the fifth year or for more than five years r. . 
 ceeding the current year, (o) the Treasurer of the County shall, 
 unless otherwise directed by a by-law of the County Comieil,(/)) 
 submit to the Warden of such County a list in duplicate of all 
 the lands liable under the provisions of this Act, to bo sold for 
 taxes, with the amount of arrears against each lot set opposite 
 to the same; (</) and the Warden shall authenticate each of 
 such lists by affixing thereto the seal of the Corporation, and 
 his signature, (r) and one of such lists shall be deposited with 
 
 {k) Land vested in Iler Majesty the Queen is in general exempt from 
 taxation (sec, 9, sub-sec. 1) ; but though not ]).itented, if sold or agreed 
 to be sold, or located as a free ft-rant, the interest of the purciiaser or 
 lociitee is liable to taxation and sale. (Sec. 140.) 
 
 (/) The Ist January, 1863, was the date fixed by the act '27 Vic. 
 cap. 19, sec. 9, of which this is a re-enactment. 
 
 (>«) This part of the section is intended to cover a defect pointed out 
 in Street v. The Corporation of the County of Kent, 11 U. C C. I'. 2.j3. 
 
 («) See note a to sec. 140. 
 
 (o) See note k to sec. 111. 
 
 (p) The Council of a county, city or town, withdrawn from ihe 
 jurisdiction of the county in wliic!; h'^^^nate, may ej^tend the time for 
 payment of taxes beyond the term v'. live years. (Sec. l^o.) 
 
 {q) This duty is made imperative, oo far as the Treasurer is concerned. 
 
 (r) This is required in order to luthenticate the list, and should be 
 done by the Warden as directuu, viz., " by allixiii'^ thereto the seal of 
 the Corporation and his signature." Both are required. 
 
THE MUNICIPAL MANUAL. 
 
 the Clerk of the County, and the other sha'l be returned to 
 the Treasurer, with a warrant thereto annexed, under the hand 
 of the Warden and the seal of the County, coniniandiii<: him 
 to levy upon the land for the arrears due thereon, with his 
 costs ; provided always, that where a warrant has been placed 
 in the hands of the SheriiFor Hifih Bailiff before the first day 
 of January, one thousand eight hundred and sixty-seven, coni- 
 luanding him to collect arrears of taxes, he shall proceed with 
 the collection thereof, under the provisions of the Acts in force 
 before the passing of this Act; and in every case in which 
 such collection is made by sale of any lands, the Sheriff or 
 High Bailiff shall, in the event of the lands not being redeemed 
 according to law, complete the sale by a deed of conveyance to 
 the purchaser. (.9) 
 
 130. The Council of a County, or of a City, or of a Town, 
 ■withdrawn from the jurisdiction of a Counry (as the case may 
 be), {t) shall have power to extend the time for the payujent 
 of taxes beyond the term of five years, by by-law passed for 
 that purpose («) 
 
 131- It shall not be the duty of the Treasurer of any 
 County to make inquiry before effecting a sale of lands for 
 taxes, to ascertain wliother or not there is any distress upon 
 the land, {a) nor shall lie be bound to inquire into or form 
 any opinioii of the value of the land ; (/*) and if any tax in 
 respect to any lands S()l(l by the Treasurer after the passing 
 of this Act, in pursuanoo of and under the authority thereof, 
 shall have been due for the fifth year or more years preceding 
 
 427 
 
 Proviso aa to 
 Tfarrants 
 issued before 
 Isf January, 
 1S67. to 
 Sheriff or 
 Hiirh UaililT. 
 
 County 
 Council, Ac, 
 niiy extend 
 till' period 
 for ptyment. 
 
 Treasurer's 
 duty on 
 receiving 
 w.irrant to 
 fell. 
 
 \ 
 
 (s) T\w. direction of tlie warrant to sell, to the County Treasurer 
 instead of the County SlioriiF, is a new feature in the law. The war- 
 r.aut must be under the hand of the Warden and seal of the County. 
 It must also have a duiilicato list of the lands annexed to it. Compli- 
 ance Avith this direction as to the form and contents of the warrant is, 
 subject to tlie provisions of sec. 131 of this act, essential to the validity 
 of any sale tliat may take place under it. (See flail v. flill, 22 U. C. 
 Q. B.'578; S. C. 2 Er. & Aj). 56!).) This act is not to interfere with 
 the execution of warrants placed in the hands of a Sheriff or High 
 Bailiff for execution, prior to the 1st January, 18C7, wlio, in the event 
 of making a sale thereunder, may complete the sale by a deed of con- 
 veyance to the purchaser. 
 
 {() Cities and towns withdrawn from the jurisdiction of counties, are 
 counties of tiiemselves. (Municipal Act, sec. o.5().) 
 
 (w) See note k to sec. 111. 
 
 (a) See note l to sec. 127. 
 
 {/j} The contrary was held in llcnry v. Bin-nes-t, 8 Grant 345. 
 
428 
 
 TJIE MUNICIPAL MANUAL. 
 
 Dued to bs 
 bindiDK nil 
 iill, iflana 
 not re- 
 iliHMiiHil in 
 on" year. 
 
 tlio Siilo thereof, (c) and the same shall not be redeemed in 
 one year after the said sale, such sale and the oiTicial deed to 
 the purchaser of any such lands (provided the sale shall be 
 openly and fairly condnetod) shall bo final and bindinj^ upon 
 the former owners of ilio said lands and upon all persons 
 claiuiinfi by, throiii^h or under them, it beinp; intended by this 
 Act that all owners of land shall be required to pay the 
 arrears of taxes duo thereon within the period of five years, 
 or rcd(!Oij] the same within one year after the Treasurer's sale 
 thereof. (</) 
 
 (c) See note k to sec. 111. 
 
 {(I) Tlio essentials to n. valid sale now appear to bo, that tlie land be 
 subject, Id taxation, tlint tiie taxes have been in nrrcar for live years, 
 that, tlie taxes at the time of sale remain unpaid, and that the sale be 
 ()])enly and fairly conducted. 
 
 T\n.'Jii\if point is the liability of tlic land to taxation. This is, as 
 it were, tbe foundation of tlie sale and all i)roceedings leadin<^ tliercto 
 and consequent tliereon. If tbe land be exempt from taxation or 
 oi herwise not liable, the sale would be invalid. (See J)oe Bell v. 7iVaM- 
 more, ;5 O. S. '248 ; Doc d. Bell v. On; 5 O. S. 433 ; Slreet v. The Corjiora- 
 t!on of the Comiti/ of Kent, 11 U. C. C. P. 255.) All land with certain 
 exem])tion3 is subject to taxation and to sale for taxes. (See sec. 9 
 and sub-sees. 1, 2, 3, 4, 5, 6,7, 8, 9, 10, 18.) If sold, agreed to be 
 sold, or located as a free grant, the interest of the purchaser or locatco 
 is liable to taxation and may be sold. (Sees. 108, 128, 140.) 
 
 The Kii'ond point is, the taxes being in fact in arrear for the requisite 
 period fixed by law. That, in the absence of a by-law of the county, 
 cit3', town or municipal council, is five years. (See note k sec. 111.) 
 If the land have not been in arrears for the requisite period, tlie sale 
 would be invalid. (See Doc d. Bell v. Rcaumorc, 3 O. S. 243 ; Miinro ct 
 al. V. Grni, 12 U. C. Q. B. 64^; Errington v. Dumhle, 8 U. C. C. P. 
 05 ; Hull X. Hill, 22 U. C. Q. B. 578 ; S. C. 2 Er. & Ap. 509.) In Doc 
 V. licniiviiorc, the rule was laid down that writs to sell must be grounded 
 on the Treasurer's return to the Court of Quarter Sessions, showing 
 the taxes to be in arrears for the requisite period. This decision was 
 under the statute Geo. IV., cap. 7, and has always been acted upon 
 in construing that act. Upon this return, or as the statute termed it 
 " account of all the lots in arrear for taxes" it was the duty of the 
 Clerk of tho Peace to make out a writ, directing the sheriff to levj-. 
 In 1850, the Geo 4, cap. 7, was repealed by the 13 & 14 Vic. cap. 
 00. The cases of Mimro v. Groj and A'lTinf/fon v. Dnmhlc, were also 
 founded on the 6 Geo. 4. The 13 & 14 Vic. cap. GO, was followed by 
 tbe 16 Vic. cap. 182, under which Hall v. Hill was decided. The pro- 
 duction of the sherifFs books, or periiajis tbe list directed by sec. 129, 
 or even the warrant itself with list annexed, would it is apprehended 
 be prima facie sufficient to establish the fact of the arrears and the 
 period of arrears. (See Hall v. Hill, 22 IJ. C. Q. B. 578.) If the land 
 be improperly assessed during any of the years, it may be that such 
 vear would have to bo excluded in the computation of the five years. 
 '{Al'an V. Fixher, 13 U. C. C. P. 63 ) If the land be in fact i)roved to 
 have been in arrear for the requisite period, a mistake in any of the 
 
THE MUNICIPAL MANUAL. 
 
 420 
 
 139. The Treasurer shall not sell any lands which have WLatinnds 
 not been included in the lists furnished by him to the clerks Tre»R!ir'r 
 of the several Municipalities in the month of February pro- ^haiuiii. 
 
 documents nffectinqf it, will be of no consequence. (Boe d. Statu v. 
 Smith, 9 IJ. C. Q. IJ. 608.) Hut if the fact whether tlie land was in 
 arrear for the requisite period be left doubtful, the sale would in all 
 probnbilitj' be held bad. (Jlarlxmrn v. Biinhri/, 7 IJ. C. C. V. 4(il.) 
 
 The third point is, that the taxes be unpaid at the time of sale. It 
 is not enough that the taxes have been in arrears for five years, but the 
 fact that the arrears are exis-tiui^' at tlic time of sale, tiiat gives tlie 
 right to sell. (See sec. ISO.) So tliat if at any time before sale, tlu- 
 taxes be paid the sale would be invalid. (Jlowe ct ux. v. T/ioinpxoii, 
 M. T. C Vic. M. S., 11. & H. Dig., Ta.\es, 1 1.) But the payment to be 
 effective must be, as against the sheriff's deed, be proved to have been 
 made to some officer entitled to receive it at the time when paid, 
 (Doe d. Sherwood et al. v. Mai/hcson, 9 U. C. Q. B. 321) and be proved 
 beyond reasonable doubt, {Macdo7ialdv. Itowe, 9 U. C. C. P. 70.) If 
 voluntarily paid, the money cannot be recovered back. (Austin v. The 
 Corpornlion of the County of Simcoe, &2 U. C. Q. B. 73 ; see also Street 
 V. The Corporation of the County of Simcoe, 12 U. C. C. P. 284 ; S. C. 
 *2 Er. A Ap. 211.) 
 
 T\\a fourth and remaining point is, that the sale have been opcnl}' 
 and fairly conducted. The law has ever required that those whos(! 
 persons or property have been by misfortune or otherwise subjected 
 to its process, shall be dealt with fairlj' and without oppression and 
 with as little suffering and loss as possible, and it throws this duty 
 upon the officer charged with the execution of the process. Taxes are 
 at all times onerous and imposed merely from public necessity. It is 
 the policy as well as the interest of the state, that they should bear as 
 lightl}' as possible on individuals. It is the duty of persons whose 
 business it ia to collect such charges, to maintain this policy as far as 
 in their power, (Per Vankou^lmet, C, in Jfassiuffbcra y, Montague, 
 Grant, 92 ; S. C. 8 U, C. L. J.4r74.) If therefore an unlawful combina- 
 tion among purchasers, to purchase the land without competition, be 
 shown, the sale will be declared void. (Henri/ v. Bumesa, 8 Grant, 345 ; 
 S. C. 7 U. C. L. J. 43.) So where one of the sheriff's ofiicera conducted 
 the sale at which ho knocked down, without any competition, to 
 another officer of the sheriff, a lot of land worth about £350 for less 
 than £7 10s., the sale was declared void. [Massingberd v. Montague, 9 
 (jlrant 92 ; S. C, 8 U. C, L, J. 274.) In such a case the person applying 
 for equitable relief, must do equity and repay the purchase money and 
 per centage, as though it were redemption money. (76. ) Where a lot was 
 put up for sale on loth April, when an intending purchaser offered to 
 take 29 acres and pay the taxes, but afterwards refused to carry out 
 the purchase, and in the July following, at an adjourned sale, the same 
 person purchased the 200 acres for the taxes upon a statement that he 
 had olready acquired a title to. the land which he desired to confirm, 
 and with a request not to oppose him, the sale was held illegal. ( Todd 
 v. Werrg et al. 15 U. C. Q. B. 614.) 
 
 The right of redemption under ordinary circumstances, must be 
 exercised within one year from the sale, (See sec, 149.) 
 
 Unless the deed be questioned on some of the foregoing grounds, it 
 will be held final and binding on the former owner of the land and all 
 
ml 
 
 i. 
 
 i 
 
 430 
 
 County 
 Treaauier to 
 prepare lint 
 of Inni to bo 
 Bold and 
 advertisd in 
 Oazuttt). 
 
 Notice to be 
 given in luvh 
 advertise- 
 ment. 
 
 THE MUNICIPAL MANUAL. 
 
 cedirifi the sale (e) nor any of the lands which hiive been 
 returned to him as being occupied under the provi.sutns of the 
 one hundred and fourteenth section of this Act, (/) except 
 the lands, the arrears for which had been placed on the Col- 
 lection lloll of the preceding year and again returned unpaid 
 and still in arrears in consequence of insufficient distress being 
 found on the lands, (y) 
 
 133. The County Treasurer shall prepare a copy of the 
 list of lands to be sold, required by section one hundred and 
 twenty-nine of this Act, and shall include therein in a separate 
 column a statement of the proportion of costs chargciiblo on 
 each lot for advertising, and for the' commissions authorized 
 by this Act to be paid to him, distinguishiug lands as patented, 
 unpatented, or under lease or license of occupation from the 
 Crown, and shall cause such hst to be published four weeks 
 in the Otjhial Gnzefte and once a week for thirteen weeks in 
 some newspaper published within the county, or if none be so 
 published, in some other newspaper published in some adjoin- 
 ing County, (/i) 
 
 134. The ad\ jrtisement shall contain a notification that 
 unless the arrears and costs are sooner paid, he will proceed 
 to sell the lands for the taxes, on a day and at a place named 
 in the advertisement, (e) 
 
 }>ers()ns claiming under them. If not questioned in the cases of snles 
 >ufore tiiis act, within four years after ita passing, and in the case of 
 sales after the act, within four years from the date of the deed, the 
 deed is made valid and binding to all intents and purposes. (Sec. 156.) 
 
 («) See sec. 111. 
 
 (/) See sec. 1 14 and notes thereto. 
 
 ( ff) See sec. 1 1 7. 
 
 (A) It was under the 13 «fe 14 Vic. cap. 67, held that the omission 
 of the sheriff to advertise did not affect the validity of a sale for taxes, 
 but should be treated raer ly as a direction of the statute which the 
 officer was bound to observe at his peril. {Jnrvis v. Brooke, \\ U. C. 
 Q. B. 29!).) Such is now unquestionably the law in the case of a sale 
 by a sheriff under writ of execution. (Jarvia v. Caylnj, 11 U. C. Q. 13. 
 282; Paterson v. Todxl, 24 U. C. Q. B. 296.) But 'in' a case decided 
 under the 16 Vic. cap. 182, it was held that an advertisement in a 
 local paper was equally necessary with an advertisement in the Official 
 Gaz'tte, and for want of it the sale was held invalid. ( WilUams v. 
 Taylor, 13 U. C. C. P. 219.) And in a case decided under Con. Stat. 
 U ('. cap. 66, the Court of Queen's Bench in referring to Williams v. 
 Taylor, said, " if it were necessary for the decision of this case, we 
 should as at present advised, arrive at the same conclusion." (Hall v. 
 Hill, 22 U. C. Q. B. 584.) But such an objection would not now, it 
 is apprehend be of any avail as against a eale " openly and fairly con- 
 ducted." (Sec. 131.) 
 
 (») See note h to sec. 1 33. *• 
 
THE MUNICIPAL MANUAL. 
 
 431 
 
 13tS. The d:iy of sale shall bo more than ninety-one days Time or sale 
 after the first publication of the list. (,/) 
 
 130 The Treasurer shall also post a notice similar to the 
 said advertiseHient, (/l") in some convenient and public place 
 at the Court House of the County, (/) at least three weeks 
 before the time of sale, (w) 
 
 137. Th(? Treasurer shall in each case add to the arrears 
 publiished, his commission and the cost of publication, (n) 
 
 13N. If at any time appointed for the sale of the lands, no 
 bidders appear, the Treasurer may adjourn the sale from time 
 to time. {(/) 
 
 139- If the taxes have not been previously collected, or if 
 no person appears to pay the same at the time and place 
 appi)iiitcd for the sale, (p) the Treasurer shall sell by public 
 auction so much of the land as may be sufficient to di.sohurge 
 the taxes and all lawful charges incurred in and about the 
 sale and the collection of the ta'xes; selling in preference such 
 part as he may consider best for the owner to sell first, {q) in 
 
 Notice to b« 
 posted lip. 
 
 KxponRM to 
 bo uddHd to 
 the arrearo. 
 
 Adjourning 
 bhIo if no 
 Llddbrs. 
 
 Mode In 
 which lands 
 Rhiill be sold 
 by tho 
 Treasurer. 
 
 {j ) Both the (lay of the first publication and tlie day of sale must 
 bo cxchidini in tlie computation of tlie ninety-one days, in other words, 
 tliore miHt l)o between tlieae two events, ninety-one full days. Sec 
 Mitchell V. Foster, 9 Dowl. P. C. 627 ; The Kiny v. Justices of Shropshire, 
 8 A. & !■:. 173. 
 
 (k) See sec. 133 and note thereto. 
 
 (/) The place is to be selected by the Treasurer subject to thi.s 
 direction, that it is to be a convenient and public place, and a place at 
 the Court Ilou.se. 
 
 (wi) See note j to sec. 135. 
 
 (?t) So that a pen.son intending to pay the arrears, may by in.=?pection 
 of the advertisement and without further or other inquiry, ascertain 
 how tnucli he must pay to prevent the sale. The amount of taxes 
 stated in the advertisement is in all cases to be held the correct anioimt. 
 (Sec. 139.) 
 
 (o) Even though bidders appear, if the Treasurer discover a com- 
 bination among tliem or has reason to be believe that a combination 
 exists, to prevent fair competition, it seems to be his duty to adjourn. 
 (Ilenrji v. BHrness, 8 Grant, 345.) 
 
 {j)) See note d to sec. 131. 
 
 (q) Where lots are .included in one grant, but described by separate 
 numbers, a portion of each lot mu.st be sold to pay the taxes thereon. 
 (Munro el at. v. Grey, 12 U. C. Q. B. 647.) A grant having issued for 
 lot number eight and three-quarters of lot number seven, tlie latter of 
 which was not returned by the Government to the District Treasurer, 
 as described, for grant, and the taxes on the whole of the grant having 
 
432 
 
 TIFR MUNICIPAL MANUAL. 
 
 offerliif: such lands for pale it shall not bo necessnry to describe 
 particularly tho portion of tlio lot which shall bo sold, but it 
 shall be sufficient to say that ho will sell so much of the lot as 
 shall be necessary to secure the payment of the taxes due : (r) 
 the amount of taxes stated in tho Treasurer's advertisement 
 shall in all cases be held to be tho correct amount duo : («) 
 
 iftheiiind -• If thc Treasurer fails at such sale to soil any l;uid for tho 
 (i.ws not Btii full amount of arrears of taxes duo, ho shall, at such sale, cive 
 
 lOV I 111 1 ' 7 ~ 
 
 aiiKJuiit ot notice that he will, at an adjourned sale, on a day to be named, 
 soil such lands for any sum he can realize, and shall accept 
 such sum aa full payment of such arrears of taxes; (t) but thc 
 
 tHXtS. 
 
 been ]i(iid, the Troasiirur crcilitcHl it to tho wfal three quarters, niul 
 retiirijcd the cast qiiiirter ms in nrrenr fur tuxes; hehi, th;it the taxoM 
 liiivinu; been paid on all the hintl in the i^'rant, the sale of the ciist (juar- 
 tef was ilk'ijnl. ( IWk v. Jfituro, 1 U. C. V. I'. SO:).) Lot 1 8 ami tlie west 
 half of h)t 19, containin;^ together two hundred aeres, w(Te t^i'anted to 
 1>. in one <!,Tnnt, and in the same ^-ear tho east part of h)t !'.>, described 
 as contain! niif one lumdred and tifty-six acres, was granted to one S. 
 l>.'s hind, being in arrenr for the recpiisite j)eriod, was returned to thvj 
 Treasurer as h)t 18 and the west part of lot I'.l (two liundred iiere^) ; 
 and the Sheriff, in 1848, sold and conveyed one Inuulred and tliii'ly-five 
 n(;rofl of lot 19, which included part of the land granted to S. The f^ale 
 was held illegal. [Mclkmahl v. lioblllard, 23 U. C. (l B. lo.".,) It was 
 held tliat tho sale could not be upheld even as to that portion granted 
 to 13.; for lot 18 and the west part of lot 19 should each have b( en 
 separately charged and sold for arrears. {lb.) The east and west halves 
 of lot 1, each containing one hundred acres, were granted bj- the Crown 
 at different times and to different persons. Tho taxes being in nrrear, 
 lots 1 and 2 (four hundred acres) were returned as in arrear for {\L lo.v. 
 taxes, without distinguishing that one portion of the taxes wiis on lot 1 , 
 and the remainder on lot 2, or upon the separate halves of lot 1. The 
 Sheriff p\it up and sold the whole of lot 1 for tho sum, at ;]/. 12.1. Oi/., 
 being half the taxes on the whole, and 7s. 6(/. for expenses. Held, the 
 sale was void. (Kkloitt ct <il. v. Kcivhum, 5 U. C. C. P. 5(i). The sale 
 was held void, because a portion of tho east half had been sold for 
 taxes a portion whereof had accrued on thc west half, and there were 
 no means of apportionment. {lb.) So where the nortli and south half 
 of a lot of land w^-e assessed separately, and different amounts chargei! 
 against each half-lot, which amounts were afterwards added togethe 
 and charged against the whole lot, and a portion of tiie whole lot soh 
 for tho combined amounts, the sale was held illegal. {Lavr^htniborowj, 
 V. McLean, 14 U. C. C. P. 175: see also Doe <L McGill v. Lnmjton,'^ !) 
 U. C. Q. B. 98.) 
 
 (»•) The contrary was held in Knagrjx v. Ledi/ard, 12 Grant, 320; 
 (now in. appeal) and the law in consequence here amended. 
 
 (.•s) See note n to sec. 137. 
 
 (<) It would seem that the Sheriff may sue a purchaser for the amount 
 of taxes, but in such an action it should be expressly averred that tho 
 defendant promised to pay for tho laud and accept a certificate within 
 a reasonable time. {Jarvis v. Cayleij, 11 U, C. Q. B. 282.) Quarc, is 
 
TltK MUNICIPAL MANUAL. 
 
 433 
 
 ownor of nuy land bo sold eball not be at liberty to redeem tbe 
 same, except upon payment to the County Treasurer of tbe full 
 amount of taxes due, togetber witb the expenses of sale; (») 
 nnd the Trcasurtr shall account to the local Municipality for 
 the full amount of taxes that shall bo paid, (v) 
 
 140. If the Treasurer sells any interest in land of which 
 the fee is in the Crown, he shall only sell the interest therein 
 of the lessee or locatce, and it shall be so distinctly expressed 
 in the conveyance to be made by the Treasurer and Warden, 
 nnd such conveyance shall give the purchaser the same rights 
 in respect of th6 land as the original lessee or locateo enjoyed, 
 nnd shall bo valid, without requiring the assent of tbe Com- 
 missioner of Crown Lands, (a) ' ' 
 
 141. If tbe purchaser of any parcel of land fails immc- if pur. h 
 diately to pay to the Treasurer the amount of the purchase l^^r^bil 
 money, the Treasurer shall forthwith again put up the property money. 
 for sale, (i) ' " 
 
 14^. The Treasurer, after selling any land for taxes, shall rresisurer 
 give a certificate under his hand to the purchaser, (c) stating g'iv^"f.,y? 
 
 If theTr««- 
 Hurer Hell* 
 any land the 
 fee cf which 
 is 111 tbe 
 Crown, be 
 shuU or,ly 
 8ell tbe 
 Intifrrst (f 
 lecKee '.;r 
 luc.Htve. 
 
 iBfer 
 
 r»y 
 
 such a sale within the Stntutc of Frauds ? (See Minpm/t v. Corbctt, 
 14 U. C. C. P. 557.) Tlie Treasurer is in no way responsible for the 
 tiilo to the land sold. {Amtin v. 71i.e Corporation of the Connti/ of 
 A'i/;u'oc, 22U.C. Q. B. 73.) 
 
 (u) See sec. 149. 
 
 {v) His commission and expenses are independent of tlic amount of 
 taxes. 
 
 (o) Land vested in the Queen is exempt from taxation. (<^':z. \i, sub- 
 sec. 1) But where land is leased, sold or agreed to bo sold by the 
 Crown; or located as a free grant, the interest of the purchaser or 
 locatce is liable to taxation. (Sec. 128.) Being liable to taxation, it is 
 liable to sale, but the sale of course only passes the rights in respect 
 ti 1 tiio land which the original lessee or locatee enjoyed. Such a sale, 
 wlien followed by a deed, would, however, prevail against a patent 
 subsequently issued to the original lessee or locatee, or a person claim- 
 ing under him. [Rychnan v. Van^Voltenhnrgh, 6 U. C. C. P. 385; 
 Charles v. Bulmage, 14 U. C. Q. B. 585.) 
 
 (4) It has been held that a Sheriff who sold land for taxes might 
 maintain an action for the price (see note t to sec. 139) ; but notwith- 
 standing, it would be more prudent for Treasurers, where the purchase 
 money is -'ot forthwith paid, to avail themselves of this section. 
 
 (c) Tli certificate must — 
 
 1 . State whether the whole or part, and if part, what part, of the land 
 
 has been sold. 
 
 2. State what interest therein has been sold. 
 
 3. Describe the land sold. 
 
 28 
 
'! 
 
 • 
 
 
 fill: 
 
 ' 
 
 i 
 
 I 
 
 434 
 
 THE MUNICIPAL MANUAL. 
 
 i!>ia^er a distinctly what part of the land, and what interest therein, (d) 
 Uud d^M* °' ^^^(^ l>cc" so sold, or stating that the whole lot or estate has been 
 so sold, and describing the same, and also stating the quantity 
 of land, (e) the sum for which it has been sold, and the ex- 
 penses of sale, and further, stating that a deed conveying the 
 same to the purohaser or his assigns, according to the nature 
 of the estate or interest sold, with reference to the one hun- 
 dred and thirty.ninth and one hundred and fortieth sections of 
 this Act, (/) will be executed by the Treasurer and Warden 
 on his or their demand, at ai;y time after the expiration of one 
 year from the date of the certificate, if the laqd be not previ- 
 ously redeemed, (g) 
 
 143- The purchaser shall, on receipt of the Treasurer's 
 certificate of sale, become the owner )f the land, so far as to 
 have all necessary rights of action and powers for protecting 
 th,^ same from spoliation or waste, until the expiration of the 
 term during which the land may be redeemed; but he sh;ill 
 not knowingly pernv.t any person to cut timber growing upon 
 the land, or otherwise injure the land, nor shall he do so him- 
 self, but he may use the laud wilhont deteriorating its value ; 
 provided that the purchaser shall nr t be liable for damage done 
 without his knowledge to the property during the time the 
 certificate is in force, (/t) 
 
 Purchaser of 
 liiDds .sold 
 for taxes to 
 
 b« Jrteuied 
 owners 
 thureof, for 
 curtain pur- 
 
 pTHfH. Oil 
 
 reci'ipt iif 
 
 Tri-a-iiiror's 
 
 certifioattf. 
 
 4. State the quantity sold. 
 
 5. State the sum for which it w^: odd, 
 
 6. State the expenses of sale, including commission. (See sec. l-lfi.) 
 
 7. State that a deed conveying tiie same to the purchaser or his 
 
 assigns will be executed on demand at any time after the expi- 
 ration of one year from date, if land not previously redeemed. 
 (See sec. 160.) 
 
 (d) See sec. 140, and notes thereto. 
 
 (f) See Knagga v. Lcdynrci, 12 Grant, 320, and note »• to sec. 139. 
 
 f f) Sec sees. 139 «fc 140, and notes thereto. 
 
 ig) See sec. 149. 
 
 yh) f !>e certificate confers, as it were, a qualified ownerMhip on the 
 jnirchaser. He becomes the owner so far as to have all necessary 
 riglits of action, and powers for protecting the land from spoliation 
 and wagte. He is not knowingly to permit any person to cut timber 
 growing upon the laud; nor can he himself cut timber on tlie land, or 
 otherwise injure it. But he may use the land, so long as he does not 
 deteriorate its value. If he injure the land, or knowingly permit it to 
 be injured, no doubt ho would be responsible to the owner in the event 
 of the land being redeemed. But it is expressly declared that he is 
 not to be held responsible for damage done without his knowledge. 
 His rights cease so soon as the redemption money has been tendered 
 to the Treasurer. (3ec. 144.) 
 
THE MUNICIPAL MANUAL. 
 
 435 
 
 144. From the time of a tender to the Treasurer of the Effect of 
 full amount of redemption money required by this Act, the JJ^^rVAe. 
 said purchaser shall cease to have any further right in or to 
 the land in question, (e) 
 
 14^. Every Treasurer shall be entitled to two and one- Treasurer'!! 
 half per cent, commission upon the sums collected by him as c<»n>nii88ion. 
 aforesaid (,/) 
 
 146. Whenever land is sold by a Treasurer according i j p^^^ ^^ ^ ^^ 
 the provisions of the one hundred and thirty-third and follo-v- B»ieiofiand. 
 ing sections of this Act, he may add the commission and costs 
 
 which he is hereby authorized to charge for the services above 
 mentioned, to the amount of arrears on those lands in respect 
 of which such services have been severally performed, (A;) and 
 in every case he shall give a statement in detail with each 
 certificute of sale, of the arrears and costs incurred. {I) 
 
 147. The Treasurer shall in all Deeds given for land sold Exponeesof 
 at such sale, give a description of the part sold with sufficient Regiirtrart 
 certainty, and if less than a whole lot, then by such a general office, for 
 description as may enable a Surveyor to lay oflF the piece sold Jc! "^ °°' 
 on the ground, he may make search, if necessary, in the 
 Registry Office, to ascertain the description and boundaries of 
 
 the whole parcel, and he may also obtain a Surveyor's descrip- 
 tion of such lots, to be taken from the Registry Office or the 
 Oovenunent maps, where a full description cannot otherwise 
 be obtained, such Surveyor' fee not to exceed one dollar ; the 
 charges so incurred shall bo included in the account and paid 
 by the purchaser of the lana sold, (w) 
 
 (j) The rights of the purchaser are described in note h to the pre- 
 oeJing section. It is here declared tliat these rights shall cease " from 
 tiie time of a tender to tlie Treasurer of the full amount of the redemp- 
 tion money required by this act," but no provision is made for com- 
 municating the fact of such tender to tlie purchaser. 
 
 (_;■) The commission is " a lawful charge." within the meaning of 
 see. 139, so as to entitle the Treasurer to sell for it as well as the tax^s 
 in arrear. (See sec. 146.) 
 
 (A) Th J commission is in the nature of poundage, to be levied over 
 and above the amount of taxes, and the Treasurer is only entitled to 
 it when he has made the money. {See Buchanan v. IVank, 15 V.C. 
 C. P. 106, S. C 1 U. C. L. J., N. S., 124.) 
 
 (') See note e to sec. 142. 
 
 (»«) The method prescribed by 6 Geo. IV., cap. 7, sec. 13, was, 
 to begin at tlie front angle of the lot on that side whence the lots 
 are numbered, and measure backwards, taking a proportion of the 
 width, corresponding rn quantity with the proportion of the particular 
 
430 
 
 THE MUNICIPAL MA.VL'AL. 
 
 Tri^n«uvcr 
 fiititlod to 
 
 110 other 
 
 fees. 
 
 Oii-ners may 
 witbiu ono 
 year, redeem 
 Estate soIJ 
 li.v paying 
 ])nrchnse 
 money and 
 10 per cent, 
 tli-rt' Oil. 
 
 148- Except as before providod. tlie Tie;isnvor slin!! nut lie 
 entitled to any other fees or euioluniciits whiitover lur niiv 
 services rendered by him relating to the collection o[' tirroiirV 
 of taxes on lands, (n) 
 
 140- The owner of any land which may hciCjiftiM' ]n> soM 
 for non-payment of arrears of taxes, or h'u heirs, exiu'iiturs, 
 administrators or assigns or any other person (o) iii:iy at any 
 time within one year from the day of sale, exelu-iv(' nf tlnii 
 day, (p) redeem the estate sold by paying or toiiilnin'r \n t\u^ 
 
 r ■ 
 
 lot ill regard to its length and breadth, according t^ t!i>' .juiiiititv 
 roqnived to make the sum demanded." A deed llifnMUKl.r, rf 
 " thirty acres of lot, «fec.,to be measured according to tlie Maliitc," \v:w 
 lield to contain a sufficient description. [Fraser \. Mntth-c rl til. )'.' 
 17. 0. (I. B. 150.) But a description as " twenty-five acros of lot, Sn\" 
 without more was held insufficient. {Cnt/lcif et al. v. Fo4n\ '2") U. ('. 
 Q. ]}. 405.) So "'hero the deed under the (J Geo. 4, of I'iO aeres of a 
 lot of land contained two descriptions, the first a description byuu'tes 
 and bounds, which was not in accordance with the statute, aiul (lie 
 other a general description in accordance with the statute, I lie lattiT 
 •\vas held to govern. {Mclntjp-e v. The Great Weisfcrn llnWirmi Couu 
 ■p<m>i, 17 U. C. Q. B. 118.) But the statute 13 .t 14 Vie. cap. (u! which 
 Kuceeeded the Geo. IV., and repealed it, required a deseriptiou by 
 metes and bounds, and a deed since that statute of land .-iold under it 
 not coutaining a description by metes and bounds, was It Id invalid. 
 {McDoiirll et al. v. McDonaM, 24 U. C. Q. B 74.) This section require- 
 " a description of the part sold with sufficient eertai)ifi/." This in tlic 
 same section is defined as being "such a ejeneral (letiey'ijiI'dDi as m:»v 
 t liable a surveyor to laij off (lie piece sold on tfie t/ronnd." A desei'iption 
 by metes, bounds and courses having relation to the boundaries and 
 c'ournes of the original lot, would be the best description. It would lie 
 jirudent for the Treasurer in all cases, before making hisdeeil, to obtain 
 a surveyor's description of the piece sold. This no doulit would {■<■ 
 sutlieient to enable the same, if not any surveyor to lay it off on tin- 
 ground. Such a descri]>tion could be made out by an examination cf 
 the boundaries of the whole lot, and the examination, if necc-^sai'v, of 
 the llegistry Ofiice. The government maps may be examined, whoiv 
 a full description cannot otherwise bo obtained. Allowance is nia<li- 
 by tlie section for a surveyor's fee not to exceed fil, to be included in 
 the Treasurers account and paid by the purchaser. 
 
 {n) It is n general principle that eveiy fee to a public ollicer must 
 have a legal origin (Axf^iH v. The London Dintnet Council, 1 11. C. Q.IS. 
 'i'.t'J) and where a statute allows certain specified fees to a jiublic oflieei-, 
 none others are in general allowed. (Sec Hooker et al. v. (Inriutt, 1 n 
 IT. C. Q. B. 180 ; In re Davidson and tlie Court of Quurtir Ss.'^/oiis of iln 
 VoHHly cf Waterloo, 22 U. C. Q. B. 405.) 
 
 (o) The right to redeem is given to the owner *of the land or his 
 heirs, executors or administrators, or to any otiier person, whellier 
 claiming title or not. Such was the law before the passing of this act 
 (lioullon V. Jiultan, 2 0. S. 362 ; Gilc/irist v. 7obin, 7 U. C. C. T. 141.) 
 
 {p) The time for redemption ia " any time within one year from 
 
 ll 
 
THE MUNICIPAL MANUAL. 
 
 437 
 
 CijuntY Treasiuer, (ij) for tlio uso and benefit of the purchaser 
 or his Icjjjiil reprc.-^eiitatives, (/•) the sum paid by him, together 
 with ten per cont. thereon, (s) and the Treasurer shall give to 
 tiie party paying such redemption money, a receipt, stating 
 the sum piid and tlie object of payment, and such receipt 
 shall bo evidence of the redemption. (/) 
 
 IvIO. It" the land be not redeemed within the period so peed of sale, 
 allowed for its redemption, being one year, exclusive of the redeemed, 
 day of .sale as aforesaid, (a) then, on the demand of the pur- 
 chaser, or his assigns, or other legal representative, at anytime 
 riftorwards, and on payment of one dollar, the Treasurer shall 
 proparo and e.KecMito with the Warden and deliver to him or 
 ihcm a Deed in duplicate of the land sold, (i) 
 
 tiie (lay (if siiL', exclusive of tluit (.lay." "Wliere the eale took place on 
 ilio Till (,)(t;jl)tr. 1840, j);iyiiieiit of the rodeniptiou money on Stli 
 ( )L'to1)cr, 1 SI 1 , was held too fate. {ProuJfoot v. Ihi.sh, 12 U. C. C. P. u'2. ) 
 Hut [inynient on Tth October, 1841, would have been sufficient. (//>.) 
 
 {(j) So l(i:i^- as the money is tendered or substiuitially paid within 
 ;)ie time liuiited, the statute is satisfied. (See Allan v. Ilamillon, 23 
 v. (.'. Q. 15. Iny.) 
 
 (/•) When tlie redemption money is paid, it becomes the money of 
 the purdiaser, and not of tlie miiiiicip:iHty ( Wilntm v. Huron (indDruvc, 
 s r. C. L.,I. l:!l ; BwiJhm v. York ami J'cfl, 2.') V. C. Q. ]]. 21) and all 
 1-i^'lit.s of the i)ureha.ser in re:;iird to the land cease from the time the 
 laoncy is paid (n- tendered to the Treasurer. {8ee. 144.) 
 
 (.v) Whei'e tlie purchaser, af r the time for redemption is past, suc- 
 ceeds in eipiity in havirijy ihi, -ale avoided, he will be made to do 
 '.■'[uity and pay the purchase moiu'ynnd ten per cent, thereon. (JAw- 
 x>ii<jlt(r<l V. Jf<nitii^)ic, y (irant 02.) 
 
 {() The receipt must state : 
 
 1. The sum jiaid. 
 
 2. The object of the pa3'ment. 
 
 .\tid when these thiags are stated in it, the receipt is made evidence 
 of the r('(ien)[ttion ; and so long as the nionej" is substantinllj' paid 
 within the time limited, the statute is satisfied. {Allan v. Hamilton, 
 2:i U. C. Q. ]$. 109.) 
 
 ('/) See note p to sec. 140. 
 
 (h) On tiie demand c. the purchaser, «fec., and on payment of one 
 dollar, it Is iiieumbent on the Treasurer to prepare and execute (with 
 the Warden) and deliver a deed in duplicate of the land sold. If ha 
 ivfiise to compiy, an action will lie against him, at the suit of the pur- 
 chaser, for llie recovery of damai;;es. (See Spaff'ord v. Sherwood, 3 0. S. 
 441 ; see also JJoidlon v. 7i''<«<j)(, 2 O. S. 302.) " The deed may bo in the 
 form mentioned in schedule B to this act, and shall have the effect 
 ;iientioned in sec. 151. The deed may be demanded by an assignee of 
 .he purchaser, (.see I)oc IkH v. Orr, 5 0. S. 433.) 
 
438 
 
 THE MUNICIPAL MANUAL. 
 
 Contents of 
 deed, and 
 effect thereof. 
 Form B. 
 
 Kegistration 
 of deed. 
 
 tSt. Such Deed shall be in the form or to the same ctfoot 
 as in schedule B, (c) and shall state the date and cause of the 
 sale, and the price, and shall describe the land according to 
 the provisions of section one hundred and forty-sevon of this 
 Act, (ti) and shall have the effect of vesting the land in the 
 purchaser or his heirs and assigns, or other legal representa- 
 tives, in fee simple or otherwise, according to the nature of 
 the estate or interest sold, (c) and no such Deed shall be 
 invalid for any error or miscalculation in the amount of taxes 
 or interest thereon in arrear, or any error in describing the 
 land as " patented or unpatented," or held under a license of 
 occupation. (/) 
 
 1*53. The Registrar or Deputy Registrar of the County in 
 which the lands are situated, upon production of the duplicate 
 Deed, shall enter the said instrument in the Registry book, 
 and give a certificate of such entry and registration in accor- 
 dance with the Act respecting Registrars and Registry Office.^ 
 in Upper Canada, chapter twenty-four of the twenty-ninth 
 Victoria, (ff) 
 
 (c) Whenever the LogisLiture provides a form of a dcctl (ir other 
 conveyance, that form should be as nearly as possible followed. 
 
 (d) The deed must state, 
 
 1. The date and cause of the sale. 
 
 2. The price. 
 
 And describe the land in accordance with the provisions of section 117, 
 which see, and notes thereto. 
 
 (e) The form of the deed is one thing ; its effect another. It is 
 declared that the deed shall be in the form given, and wlion in such 
 form shall have the effect of vesting the land in the puruhiiscr in tVe 
 simple or otherwise, according to the estate or interest soM. (Sue sec 
 140, and notes thereto,) It is not declared, as was declared in Con, Slat. 
 U, C, cap. 55, sec, 150, that the deed shall vest the land in the purchaser, 
 " free and clear of all charges and incumbrances thereon ; " but, con- 
 sidering that the taxes accrued on any land are b}' sec, 108 made a 
 .special lien thereon, having preference over all claims, liens, ))rivi!egos 
 or incumbrances to any party except the Crown, it is reasonable to 
 intend that it shall convey the land free of incumbrances, 
 
 (/) In other words, the deed, notwithstanding errors or miscalcula- 
 tions such as specified, shall be valid. (See further, as to the binding 
 effect of the deed, sees, 131 & 15(5, and notes thereto.) 
 
 (<f) The provisions of the Registry Act are as much applicable to 
 deeds of this kind as any other deeds, (See Doe Bvennan v O'Niil, t 
 U C, Q,B. 8.) But no proof of execution is apparently necessary in order 
 to satisfy the Registrar, Ho ia, " upon production of the duplicate deed, 
 to enter the instrument in the Registry book," lie is Ixiund to give a 
 certificate of the entry and registrotion. Special provision is also by 
 
THE MUNICIPAL MANUAL* 
 
 439 
 
 ltS3. As respects land sold for taxes before the first day of 
 January, one thodsand eight hundred and fifty-one, on the 
 receipt by the Registrar of the proper County or place, of a 
 certificate of the sale to the purchaser under the hand and seal 
 of office of the Sheriff, stating the name of the purchaser, the 
 sum paid, the number of acres, and the estate or interest sold, 
 the lot or tract of which the same forms part, and the date of 
 the Sheriff's conveyance to the purchaser, his heirs, executors, 
 administrators or assigns, and on production of the convey- 
 ance from the Sheriff to the purchaser, his heirs, executors, 
 administrators or assigns, such Registrar shall register any 
 Sheriff's deed of land sold for taxes before the first day of 
 January, one thousand eight hundred and fifty-one, and the 
 mode of such registry shall be the entering on record a tran- 
 script of such deed of conveyance. (A) 
 
 IS4:. As respects land sold for taxes since the first day of 
 January, one thousand eight hundred and fifty-one, and prior 
 to the first day of January, one thousand eight hundred and 
 sixtv-six, the Sheriff shall also give the purchaser or his assigns, 
 or other legal representatives, a certificate under his hand and 
 seal of office of the execution of the Deed, containing the par- 
 ticulars in the last section mentioned; (i) and such certificate, 
 for the purpose of registration in the Registry Office of tfee 
 proper County of any deed of land sold for taxes since the first 
 of January, one thousand eight hundred and fifty-one, shall 
 be deemed a memorial thereof, and the Deed shall be regis- 
 tered, and a certificate of the registry thereof shall be granted 
 by the Registrar on production to him of the Deed and certi- 
 
 Od what 
 certifionto 
 RegUtrarg cf 
 Coiintlt's 
 to reglrtter 
 Sheriff's 
 deeds of 
 lands 8old 
 for tax('f< 
 before 1851. 
 
 The Sheriff 
 to give oerti- 
 flote of exe- 
 cution of 
 conveyaDces 
 since the let 
 January, 
 1851, f(T 
 registration. 
 
 this net made for the registration of deeds of land sold before the Ist 
 Janiinry, 1851 (sec. 153), or sold between the 1st January, 1851, and 
 prior to the 1st January, li6». (Sec. Ini.) 
 
 (/t) Deeds of land sold under this act are to be registered on mere 
 production of the duplicate. (Sec. 152.) But where the sales took place 
 before the 1st January, 1851, a certificate under the hand and seal uf 
 office of tlie Sheriff is in addition required. Such certificate must state, 
 
 1 . The name of the purchaser ; 
 
 '2. The sum paid ; 
 
 [i. Tiie number of acres, and the estate or interest sold ; 
 
 4. Tile lot or tract of land of which the same forms part ; 
 
 5. Tiic date of the Sheriff's conveyance to the purchaser. 
 
 A slierifT has not in general power to execute a deed of land sold 
 for taxes, after the statute which autiiorized the sale has been repealed. 
 (See JJri/ant el al. v. Hill, 23 U. C. Q. B. 96 ; McDonald v. McDondl, 
 ::i U. C. Q. B. 424 ; see also Weegan v. McD'umnkl, 12 U, C. C. P. 499.) 
 
 {i) See note h to sec. a 53. 
 
\\ 
 
 i 
 
 i^:i 
 
 440 
 
 THE MUNICIPAL MANUAL. 
 
 Deed vali'l 
 XKaliiHt all 
 Iiarties if not 
 qneotioned 
 within a cer- 
 tain time. 
 
 ficato, without furiber proof; (./) and the Registrar shall, for 
 the registry and certificate thereof, be entitled to seventy cents 
 and no more. (/•;) 
 
 Treasurer to tS5. The Treasurer shall enter in a book, which the 
 i)o(Tae,crii)- County Council shall furnish, a full description of every 
 tionof Unjs parcel of land conveyed by him to purchasers lor arrears of 
 pii'chi^er*^ taxes, witli an index thereto, and such book, after such ei tries 
 by him. have been made therein, shall, together with all copies of Col- 
 lector's Rolls and other documents relating to non-re^^ident 
 lands, be by hiiu kept amongst the records of the County. (/) 
 
 l«i6- Whenever lands shall have been or may be horcafto^ 
 sold for arrears of taxes, and the SheriflF or Treasurer (as the 
 3ase may be) shall have given a deed for the same, such deed 
 shall be to all intents and purposes valid and binding, except 
 as against the Crown if the same has not been questioned 
 before some Court of competent jurisdiction by some person 
 interested in the land so sold, within four years after the 
 passing of this Act, when the land was sold and a deed given 
 by the Sheriff before the passing of this Act, or within four 
 years from the giving of such deed, when such sale shall take 
 place or deed be given after the passing of this Act. (^m) 
 
 ?ron rpsii^nt ^57- The Council may by by-law direct that all the moneys 
 Land Fund received by the County Treasurer on account of taxes on nou- 
 
 (j) See same note, 
 
 (/i) See note n to sec. 148. 
 
 (!) Entries made in such a book, as to tlie particulars nicntioiicil, 
 might, in the event of the death of the llegi.sti'ar, be evidence of tlie 
 fiiets therein contained. 
 
 (jn) There is a long list of cases reported in tlie Qncen's Bench, 
 Common Pleas, aiKl Chancery Reports, in which sales for taxes have 
 proved ineffectual, owing to the want of strict attention to the lany,iia<;e 
 of the statutes under which the sales took place, on the part of the 
 officers required to carry the law into execution. vSiich a state of 
 things was animadverted upon bj- the present Chief Justice of Upper 
 Canada, in McDonell v. McDonald (24 U. C. Q. B. 80]. The Legislature, 
 in f)rder to secure titles to land, interfered by enacting a species of 
 Statute of Limitations, applicable to such cases (29 Vic. c 20), which la 
 liere in part re-enacted. If the deed have been given before the passing 
 of this act, and not questioned before some Court of competent juri.'S- 
 diction by some person interested in the land sold within four j'cars 
 from the pa.3sing of this act, the deed is made valid and binding to nil 
 intents and purposes. So, if given after the passing of this act, it will, 
 unless questioned in like manner within four years from its date, have 
 a like effect. As to the grounds on which a treasurer's deed, under ordi- 
 iiary circumstances, may be questioned iu court, sec note d to sec. 131 , 
 
niE MUNICIPAL MANUAL. 
 
 441 
 
 
 resident lands, shall be paid at stated periods to the several ostaMi-hed 
 local iMiinicipalities to which such taxes wore due, or shall cJjuntyana 
 constitute a distinct and separate fund, to be called the "Non- ofwimtit 
 resident Land Fund " of suuh County. («) 
 
 RhiiU cou'-ist- 
 
 138. The Treasurer shall, when such fund may have been Treasurer to 
 created, open an account for each Local Municipality with the a^coimt for. 
 said fund. (<>) 
 
 IciO. If two or more Local Municipalities havinj; been counties 
 united for municipal purposes, be afterwards disunited, {o<>) or "fj^r^vimi!? 
 if a Municipality or part of a Municipality be afterwards added iiismiitoj. 
 to or dotached from any County, or to or from any other 
 Municipality, (p) the Treasurer shall make corrcspondin<» 
 alterations iu his books, so that arrears due on account of any 
 parcel or lot of land at the date of the alteration shall be placed 
 to the credit of the Municipality, within which the land after 
 
 hi. .... ^ i •!• • L' r\ .••!■. If iiliy union 
 
 alteration is situate; and ir a union oi Counties is about boiiiiont u. 
 
 to be di.'^solved, {q) all the taxes on non-residents' land iin- ^« dissoivea 
 
 posed by by-laws of the Provisional Council of the Junior 
 
 County, shall be returned to and collected by the Treasurer of 
 
 the United Counties, and not by the Provisional Treasurer, 
 
 (?)) The Treasurer of tlie county is tlie perfon on whom tlie law 
 thi'ows tlic duty of collecting; such taxes as are sliown to be in arrcar 
 by the Non-resident rolls and by the Collectors' rolls, received by him 
 from the several townships, after all efforts have failed to collect in the 
 townships, in consequence of tlie owner being a non-resident, or there 
 being no sullicient distress on the land. (Per McLean, 0. J., in Ans/hi 
 V. 7'hi; CiH-jwration of the Counti/ of Siincoe, 22 U. C. Q. B. 75.) All 
 nionc}' received by him on account of taxes of non-residents niaj', either 
 muler by-law of the County Council, be at once distributed among the 
 sc'veral local municipalities to which the taxes are due, or constitute 
 a fund known as the " Non-resident Land Fund." Though subject, 
 for certain purposes, to the control of the County .Council, who inaj' 
 issue debentures on the credit of it (sees. 104 & 165), it is in no sense 
 the nionej- of the Council. (Wilson v. The Ccrporalion of the Untkd 
 Coiiiilicii of Huron and Bruce, 8 L''. C. L. J. 135, 130; Auatin v. The 
 C'orjMralMH of the Connlif of Simcoc, 22 U.C. Q. B. 73; Boulton v. The 
 Corporation of the United Counties of York and Peel, 25 U. C. Q. B. 21.) 
 The Treasurer nuist, when a fund has been created, open an account 
 for each local municipality with the Fund (sec. 158) ; and in the event 
 of a union of local municipalities being afterwards dissolved, must open 
 nn account with each. (Sec. 169). lie is not required to keep an 
 account of the several distinct rates. (Sec. 161.) 
 
 (o) See note n to sec. 157. 
 (oo) See Municipal Act, sees. 28, 29. 
 {j)) isee Municipal Act, sees. 30, 31. 
 (y) See note n to sec. 157. 
 
442 
 
 THE MUNICIPAL MANUAL. 
 
 \U. i! 
 
 Nf vv inunici- 
 )mliti«s 
 i>arily in one 
 Comity Hod 
 l>:irtly ia 
 ntiothur. 
 
 All arrears 
 to form one 
 c'har);e upon 
 the lands 
 pulijfct to 
 tbeni, Sec. 
 
 DcficicnoieB 
 in certain 
 taxes t« llO 
 Hiipplied by 
 the Miinlci- 
 jiality. 
 
 and the Treasurer of the United Counties shall open an 
 account forthwith for the Junior County with the Non-Resi- 
 dent Land Fund, (r) 
 
 lOO. In cases where a new jMunicipality shall be formed 
 partly from two or more Municipalities situate in different 
 Counties, the collection of non-resident taxes due at the time 
 of formation, shall remain in the hands of the Treasurer of the 
 respective Counties formerly having jurisdiction over the res- 
 pective portions of territory forming the new Municipality, 
 and the respective Treasurers shall keep a separate account of 
 such moneys, and pay the same to the new Municipality ; 
 and where a new Municipality shall be formed from two or 
 more Municipalities situate in any one County, the Treasurer 
 shall, in like manner, keep a separate account for such new 
 Municipality. («) 
 
 161. The Treasurer of the County shall not be required to 
 keep a separate account of the several distinct rates which 
 may be charged on lands, but all arrears, from whatt^ver rates 
 arising, shall be taken together and form one charge on the 
 land. (<) 
 
 103 Every Local ^Municipal Council in paying over any 
 school or local rate, or its share of any County rate or of any 
 other tax or rate lawfully imposed for Provincial or local pur- 
 po.ses, shall supply, out of the general funds of the Mniiiei- 
 pality, any deficiency arising from the non-payment of the 
 taxes, (h) but shall not be held answerable for any (.luficieiicy 
 arising from abatements of, or inability to collect tlie tax on 
 personal property, (y) 
 
 (>•) Xoti-Jicmlcjit Land, see note n to sec. 167. 
 
 (.s) Sec Municipal Act, sees. 32, ',Vi. 
 
 (l) Tlie several rates are only needed for tlie purposes of tlio loeiil 
 nuinicipality and for distribution by it to tlie several purpoi^es for 
 wliicb tlie money is raised. The local nuinicipality often finds it 
 necessary to advance out of its general funds, moneys ciiai<;ed against 
 non-resident lands, and await tiie collection tliereof by the ("oimty 
 Treasurer (sec. 162) and when the money is received from the County 
 Treasurer who knows nothing of the several rates, it may be iqiplicd 
 to make good the advance out of the general funds of tlie local muni- 
 cipality, and forms part of its general funds. (Bee. 163.) 
 
 (u) See note t to sec. 161. 
 
 ().<) Inability to collect taxes on real estate, is not mentioned, and 
 where the local municipality in anticipation of sucli taxes being collec- 
 ted, makes advances, the local municipality must apparently bear liie 
 loss of inability, if any, to realize on such laud. 
 
THE MUNICIPAL MANUAL. 
 
 443 
 
 lodit of the 
 non-rpfldent 
 LHtid Fund. 
 
 163. All sums which may at any time bo paid to a ^lutii- Mm-v frmn 
 cipality out of the Non-Resident Land Fund of the County, J;,'!^''„J'"r?.^ 
 shall form part of the general funds of such Municipality, (w) pHttea. 
 
 lOJ;. The Council of the County may from time to time, D.b..ntures 
 by by-law, authorize the warden to issue, under the Corporate "^Vll-dontiie 
 Seal, upon the credit of the Non-resident Lund Fund, Deben- 
 tures payable not later than eight years after the date thereof, 
 and for sums not less than one hundred dollars each, so that 
 the whole of the debentures at any lime issued and unpaid do 
 not exceed two-thirds of all the arrears then due and accruing 
 upon the lands in the County, together with such other sums 
 as may be in the Treasurer's hands, or otherwise invested to 
 the credit of the said fund ; ''o) all Debentures issued by the Who to have 
 
 ^ V cuAr24) or 
 
 County shall be in the exclusive custody of the Treasurer, them, 
 who shall bo responsible for their safety until their proceeds 
 arc deposited with him. ( p) 
 
 lOcS. Such debentures shall be negotiated by the Warden By whom to 
 and Treasurer of the County, and the proceeds shall be paid '('"^"J'l"" 
 into the said fund, and the interest on the said debentures, 
 and the principal when due, shall be payable out of such 
 fund ; Provided always that the purchaser shall not be bound Proviso, 
 to see to the application of the purchase money, or be held 
 responsible for the non-application thereof. («/) 
 
 166- If at any time there be not, in the Non-resident Land payment of 
 Fund, where such Fund may have been created, money suffi- •"t«'''',^t o» 
 
 ' 1 • , TV 1 , " , Buch debi-n- 
 
 cient to pay the interest upon a Debenture or to redeem the turesprovi- 
 same when due, such interest or Debenture shall be payable '''"**'"'■• 
 out of the general County funds, (/•) and the payment thereof 
 
 (»') See note t to sec. 101. 
 
 (o) Pel)entures when regularly issued, are transferable by delivery 
 (Municipal Act sec. 214) or by indorsement {lb. sec. 215.) 
 
 {j)) The Treasurer being especially and peculiarly the officer en- 
 trusted with the collection of the money that constitutes the fund. 
 (See note n to sec. IS"?.) 
 
 ((/) The fund is intended to meet in advance the wants of the local 
 municipalities, and not in any way to be n source of revenue or gain 
 to tlie corporation of the county. (See note u to sec. 157 and sec. 167.) 
 But it is very properly here provided, that the purchaser of a deben- 
 ture sliiill not be bound to see to tlie application of the purchase money 
 or be held responsible for the non-ai)plication thereof. 
 
 (r) The debenture, though issued on the security of a particvilar 
 fund, is in reality the promise of the county, and so the county is 
 bound to advance out of general county funds, money sufficient to pay 
 interest. 
 
444 
 
 TIIK MUNICIPAL MANUAL, 
 
 8ui'|l!u-i r f 
 till.' iVDri-rfwr 
 
 di'Ht I.HIhl 
 
 Kiiiiil tn \ia 
 diviilnl 
 
 UIUKIIK IIIU- 
 
 uii'ipuiitirs. 
 
 Tiviisiirei's 
 per oi'iitai^i) 
 or Siil:iry 
 hoiv paid 
 
 Auiiiitil 
 HtateiiiciiV of 
 th-.-.iM 
 fun I. to \«' 
 siiiiiiiittfil to 
 th.' Oiuiity 
 Council. 
 
 AVli.it It f bill 
 shiivT. 
 
 iDiiy bo oil forced in tlio saiiio manner as is by law provided lu 
 tlio cnsu (if other (!ouiity Debentures, (s) 
 
 icy. The Cunnc'il of the County may, from time to time, 
 pass by-laws ajiportioning the surplus moneys in the Non- 
 liosidont Jiand Fund amongst the 3Iunicipalitics ratably, 
 atcurdiiiL; to the iiioiioys reeeivcd and arrears "due on account 
 of the nun-residont lands in each Municipality ; (/) but such 
 appnitionniont shall always be so limited that the Debentures 
 unpaid shall never exceed two-thirds of the whole amount to 
 tlio credit of the fund, (ji) 
 
 115^. The Treasurer shall not be entitled to receive from 
 the person payinj^ taxes, any pcrcenta<i;e thereon, but may 
 receive from the fund such purcentatfo upon all moneys in his 
 hands, or such iixed salary in licu thereof, as the County 
 Council by by-law ma}' direct, (r) 
 
 too. The County Treasurer .«hull prepare and ."ubmit to 
 the ('ounty Council, at its first scs.><ion in January in every 
 year, (/£,•) a report, certified by the Auditors, of the state of 
 the Non-l!csident Land Fund. (.».) 
 
 ITO. The said Kcport shall contain an account of all the 
 moneys received and expended during the year endinir on the 
 thirty-lJrst of December next precediriir, distinguishing;; the 
 sums received on account of, and paid to, the several Munici- 
 ])alities, and received and paid on account of Interest or De- 
 ])ontures ncgociated or redeemed, and the sums invested and 
 tiie b ilance in hand ; a list of all Debentures then unpaid, with 
 tiie dates at which they will become due ; and a statement of 
 a'l the arrears then due (distinguishing those due in every 
 
 (.s) Ti) any suit upon a dobenturc, it i:; not iici'o.ssary for the })l;iintilF 
 to Hi;t forth in the ileclnration or otlicr pU'iiiling or ]>rovo tlie inoilo by 
 wliieh he liecnnie tlie holder of the (iclMjiiture. (Mnnieipnl Act, sec. 
 'ilCt.) It is sufficient for liim in iii-i (l('cl:iratioii to (leseril)e himself as 
 the holder of tiio debenture (aiicii'iiii;' the imlorsation in blaidc, if any) 
 and siiortly stating its legal elfeet iinJ jmriiort. and to ni.uke proof 
 aeeordinu'ly. (//'•) He may reeover the full aniomit of the debenture 
 notwithstanding its negotiation by tlie eoriioration at an ainoinit less 
 tlian par. {I(j. sec. 217.) 
 
 (/) See note n to see. I.")?. 
 
 («) See ROC. Ifi-t. 
 
 {(') Sec note n to sec. ItS. 
 
 (w) See note i to sec. 50 and note u to sec. 60, 
 
 (r.) See nt)to n to see. 157. 
 
TflE MUNICIPAL MANUAL. 
 
 <u 
 
 Municipality) and the amount duo on lands then advertised 
 for sale, or which by-law may be advertised during the ensuing 
 year, (y) 
 
 171. The Warden shall cauao a copy of the report to be 
 transmitted to the Provineial Secretary for the information of 
 the Governor General. (/>) 
 
 IT'2, Arrears of taxes due to Cities or Towns withdrawn 
 from the jurisdiction of the Counties in which they arc 
 situated, or forming a separate County, shall be collected and 
 managed in the same way as like arrears due to other Munici- 
 jialities ; and the Chambcilaiii or Treasurer, and Mayor, shall, 
 for these purposes, pcrl'urm — in the case of Cities and Towns — 
 the like duties as arc hcreinbcforo, in the case of other Muni- 
 cipalities, imposed on the Treasurer and Warden, (r) 
 
 17SI. The Treasurer of every County, (^/) and the Trea- 
 surer or Chamberlain of every City and every Town withdrawn 
 from the jurisdiction of the County in which it is situate, (<;) 
 shall be required to keep a triplicate IJlank Receipt Hook, and, 
 on receipt of any sum of money for taxes on land, shall deliver 
 to the party making payment one of such receipts, and shall 
 deliver to the County, City or Town Clerk the second of the 
 set, with the corresponding number, retaining the third of the 
 set in the book ; delivery of such receipts to bo made to tlie 
 Clerk at least every three months; (/) the County, City or 
 
 Copy to bit 
 trHiiftnitte.l 
 to Priivlniiitl 
 fiem'twy. 
 
 Collifolinu iif 
 
 (llXl-H (111 
 
 liiiulu of non- 
 rtwIdcnU in 
 citlcfi prcvld 
 vd for. 
 
 Cnllllty Ti'M- 
 FlOi l>-. .'. r . 
 to K.-"|i ll:- 
 ]ilii'att; I'l.'tllU 
 Jtfcdjit 
 books ; ii'^i." 
 thereof. 
 
 (»/) The report must contain : 
 
 1. An nccoimt of all the moneys received and expended during the 
 
 year, distingnhhinrf the sums received on account of and paid 
 to the several municipalities, and received and paid on account 
 of interest or debentures negotiated or redeemed, and tiie sums 
 invested and the balance on hand. 
 
 2. A list of all debentures uniiaid, with the dates at which they will 
 
 become due. 
 
 3. A st ateinent of all the arrears then due (distinguishing those due 
 
 in every municipality) and the amount due on lands advertised 
 
 for sale, or which may be advertised during tlie ensuing year. 
 
 {h) It is not said when the Warden shall cause this to be done, but 
 
 it is intended tiiat he sliall do so within a reasonable time after the 
 
 receipt of the report. 
 
 (<•) Every city or town separated from the jurisdiction of the county 
 in wliich situate, is a county of itself for municipal purposes. (Muni- 
 cipal Act, sec. 356.) 
 
 ((/) See note n to sec. 157. 
 
 (c) See note c to sec. 172. 
 
 (/) This is intended not merely as a check upon the person receiv- 
 ing the money, but for the preservation of evidence of payment ; so 
 
4-tO 
 
 TIIK MUNICIPAL MANTAL. 
 
 Town Clerk sliall files such receipts, and, in a book to bo kept 
 for that purpo.se, shall enter the numo of thn party nitiking pay- 
 ment, the h)t on which payment is mmlo, the amount pjiid, the 
 date of paynient, and the number of the receipt; (//) the 
 Auditors nhall examine and audit such books and nucounts at 
 least once in every three niontha. (/<) 
 
 JIkspoxsibiutv of Okfickii8, 
 
 IT-!. Every Treasurer, Chamberlain and Collector, before 
 enterin*; upon the duties of his office, shall enter into a bond 
 Hw'idtjsiuia to the Corporation of the Municipality for the faithful perfor- 
 how. njance of his duties. (?) 
 
 Boiij with ITS, Such bond shall bo given by the officer and two or 
 more sufficient sureties, in such sum and such manner as the 
 Council of the Municipality by any IJy-law shall require in 
 
 AuiUt of 
 
 Booka, &c. 
 
 Trpiisurers 
 »nd Col lac- 
 tor* to «ivo 
 
 that if one set of receipts should happen to bo de<troyod or mishiid, 
 the other will bo forthcoming. 
 
 (<;) The entries required are : 
 
 1. The naino of tha party iiiakiiifj; puymeut; 
 
 2. Tiie lot on which the payment is made ; 
 o. The amount paid ; 
 
 4. Tiie date of the payment ; 
 n. Tiie number of the receipt. 
 
 (A) See note i to sec. 50, and note n to see. fii). 
 
 (I.) Each of the officers named is by virtue of liis offitu! fKiiiiocted 
 witii the receipt or disbursement of moneys belonij;ing to tlie (\jrpora- 
 tion. It is made the duty of each, "before enteriii}^ upon the duties 
 of liis office," to enter into a bond to the Corporation of tlie nuiriiei- 
 
 Eality for the faithful performance of his duties. Besides, eaeli must, 
 efore enteringr on the duties of his office, make and subsciibe a 
 declaration of office. (Seesec. 17i> of the Municipal Act). Theap|)oint- 
 tnent to the office necessarily precedes the obligation to give the bond 
 or make the oatli. So soon as the person is appointed, it becomes his 
 duty to do the one and the other. But the omission of either does not 
 per se vacate the appointment, unless conditionally made, nor render 
 the jierson appointed incompetent to discharge the other duties api)er- 
 taining to his office. (See Judd v. Head, 6 V. C. C. P. 362.) So tiiat if 
 n Collector, having given the required bond without taking the oath of 
 office, collect mone3'8, it will be no defence to his sureties that he failed 
 to take the oath of office {Municipality of Whit/nj v. Flitit, 1) U. C. C. P. 
 449) ; nor would it be any defence to his sureties that his roll was not 
 properly certified { 17ie Corporation of the Township of Whitby v. Har- 
 rison, 18 U. C. Q. B. CO;j); or not delivered to him within tlie time 
 limited by law in that behalf ( Todd v. Perry et al, 20 U. C. Q. B. 0-19) ; 
 nor tliat after the roll was delivered to him, the time for making col- 
 lections was, without the knowledge of the sureties, extended. {Jb. and 
 see Corporation of Whitby v. Harrison, 18 U. C. Q. B. 00(5.) 
 
TlIK MUNICIPAL MANUAL. 
 
 447 
 
 Penalty on 
 AiiHuiiiinr/< or 
 
 that behiilf, and shall conform to all the provisions of such 
 Ky-law. (./) 
 
 170* If any Assessor or Clerk refuses or neglects to per- 
 foruj any duty renuired of him by this Act, ho shall, upon cK^H^Hfiufol, 
 conviction thereof before the Recorder's Court of the City, or *" l'"'."""'" 
 before the Court of General Quarter Sessions of the County in suahiw'' 
 which he is Assessor or Clerk, forfeit to her ^^ilajcsty such *«>''"'"c«d. 
 sum as the Court shall order and adjudge, not exceeding one 
 hundred dollars. (Jc) 
 
 {j) Tlie bond should bo made to tlio Corporation of the municipality 
 (sec. 174), and in tho name of the Corporation, thus: " The Coi-pora- 
 tinn of the (county, city, town, village, township, or united counties, or 
 uniti'd towiiHliips, as the case may be) of (naming tho same). (Sec. 4 of 
 the Municipal Act.) But it docs not follow that bonds taken in any 
 otiier nam(! or in any other form will be void. A bond by a Collector 
 and sureties to " tho Treasurer of the town of," Ac., has been held goorl. 
 {JuM V. limd, 6 U. C. C. P. 362 ; 7'oddv. Perrn et al., 20 U.C. Q.H. 049.) 
 I'o where it was to " Tho Municipality of tho Township of Whitby" 
 (The (Jorporation of the Townnhip of Whitby v. Hatrison, 18 U. C. Q. B. 
 003. 000), or " The Provisional Municipal County Council of the County 
 of Bruce" (The Provisional Corporation of the County of Bruce v. Cro- 
 war, 22 U. C. Q. B. 321), in each case tho bond was held good. (See 
 also The Brock Dintrivt Council v. Bowcn, 1 U. C. Q. B. 471 ; 77ie Trent 
 and Vrunkford Jioad Company v. Hcott Marshall, 10 U. C. C. P. 329.) 
 Tho bond, when given, should have two or more sufficient sureties, in 
 such sum and in such manner as the Council of the municipality by 
 any bj--law shall require in that behalf. The members of Municipal 
 Councils cannot, as trustees for tho ratepayers, evince too much care 
 in seeina: that the receipt and expenditure of the money of the rate- 
 payers is properly secured ; and in cases of flagrant neglect, it is quite 
 possible that the members themselves might be held personally res- 
 pon.sible. (See Parks v. Davis, 10 U. C. C. P. 229.) The bond, if in 
 general terms for accounting and paying over all moneys collected, will 
 upply us well to moneys collected for county purposes as for any of 
 tho pui'iJoses mentioned in sec. 191 of this act, (Sec sec. 193.) 
 
 (k) Tills is a wise provision, intended to secure the duo execution of 
 tho act by the officers mentioned, whose business it is to learn their 
 duty, and to do it according!}'. Either refusal or neglect is made 
 punishable. The former involves an act of the will, but the latter does 
 not neccs.sarily do so. Any inquiry into the motives or cause of neglect, 
 so far as this section is concerned, would be inexpedient: it would be 
 leaving too much to the lenity of a jury. But mere omission is not neces- 
 sarily equivalent to neglect. Inability or superior force may excuse tho 
 non-performance of a duty by one who is willing to do it. Nor does it fol- 
 low that every non-compliance with the directions of the act, in its minor 
 details, will bring the party within tho penalty of this section. Neglect, 
 however, may in general be described as the omission to do some duty 
 which the party was able to do, but did not do. Forgetfulness is no 
 excuse. Tho penal part of the act maj' press with more severity in 
 one class of cases t*>an another, but with that the Courts have nothing 
 
448 
 
 THE MUNICIPAL MANUAL. 
 
 Other 
 A ("lessors 
 ni»y not for 
 those in 
 default. 
 
 I'linisliintiit 
 
 ..fClorkp. 
 
 Asrewois, 
 
 Ac, inii!iin;j; 
 
 .'Vauiiul'Mit 
 
 tissesfiiu'iitt!, 
 
 >4e. 
 
 177, If an Assessor ncj^lccts or omits to peiTonn his 
 duties, (J) the other Assessor or other Assessors (if there be 
 luore than one for the same locality), or one of such Asses- 
 sors, shall, until a new appointment, perform the duties, (wi) 
 and shall certify upon his or their Assessment Roll the nauic 
 of the delinquent Assessor, and also, if he or they know it, 
 the cause of the delinquency ; {») and any Council may, after 
 an Assessor ncj;lects or omits to perform his duties, appoint 
 some other person to dischar«i;e such duties ; (o) and the Assessor 
 so appointed shall have all the powers and be entitled to all 
 the eiuolumenta which appertain to the office. (2>) 
 
 17S. If any Clerk, Asses.sor or Collector, acting under tlii.s 
 Act, make.s any unjust or fraudulent assessment or collection, 
 or copy of any Assessor's or Collector's Roll, or wilfully and 
 fraudulently inserts therein the name of any person who should 
 not be entered, or fraudulently omits the name of any person 
 who should be entered, or wilfully omits any duty ro(|nirc(l of 
 him by this Act, (5) he shall bo guilty of a misdemeanor, and 
 
 to do: tlie law is so written, and the Courts hnvc potirin-j to do with 
 the constqiu'iicc's. (See Kluf/v. IhtrreU, 12 A. it E. 4(')0.) Thi- lu'U'lect 
 mry he wholly to do the duty, or to do it within the tiim^ liiiiiti'd in 
 tliat helialf. I'Vither is neg'Icet, witliin the ineaninjj; of this section. It 
 is of the utmost ini]>ortanec, so for ns tiie ndiiiinistrntion of the ]irovi- 
 sions of the Municipal and Asse.^siuent Acts is concerned, tliat things 
 should be done wlijn directed to be done. (See Iluut v. J/il>Li. '} II. it N. 
 12:i) This lijction tliroughout, so far ns netjlect is concern* d, njiplies 
 rtither to cases of mere neglect than of wilful neglect. Tlu' litter are 
 looked upon as still more [lennl, and especially provided for by subso- 
 queiit sections. (See. 17S.) 
 
 'J) See note Ic to sec. Hi). 
 
 (m) Sec section 21 and following sections of this act. 
 
 (n) The duty of tlio " o//(f>' assessor or assessors," i iidi'r the circutn 
 stances stated, to do what is required of them, is as inueh a duty as 
 any duty primarily imposed upon him or them under this act. 
 
 (o) Not oidy is the " other assessor or Assessors " to pi-rforni the 
 duties of the delinquent assessor, but to certuy upon the roll, 
 
 1. The name of tl delinquent ; 
 
 2. Th J cause of tht deliiiC.ciency, if known. 
 
 {p) The power to appoint involves the power to remove, and neglect 
 or omission to perform specified duties is a just cause of removal. 
 
 (q) Cases of refusal or mere neglect are provided for by sec. 176. 
 This section is intended for the punislimcnt of misconduct still more 
 rcprehensilile than any provided against in that section. The acts of 
 misconduct specified are : 
 
 1. Making any unjust or fraudident assessment or collection, or cojiy 
 of any assessor's or collector's roll. (See sec. IV'.'.) 
 
THE MUNICIPAL MANUAL. 
 
 449 
 
 upon conviction thereof, before a Court of competent juris- 
 diction, shall be liable to a fine not exceeding two hundred 
 dollars, and to imprisonment until the fine be paid, or to im- 
 prisonment in the Common Gaol of the County or City, for a 
 period not exceeding six months, or to both such fine and 
 imprisonment, in the discretion of the Court, (r) 
 
 1 79. Proof to the satisfaction of the jury, that any real Whatshaii 
 property was assessed by the Assessor at an actual value greater ^frl,uau!* 
 or less than its true actual value, by thirty per centum thereof, lent assess- 
 shall be prima fade evidence that the assessment was unjust "^^ " 
 or fraudulent, (s) 
 
 2. Wilfully rtn(Zfi'niuliilcntly inserting therein the name ot any person 
 who should not be entered, or fraudulently omitting the name 
 of any person who should be entered. 
 
 ^. Wilfull}^ omitting any duty required by this act. (See note k to 
 sec. 176.) 
 
 The wilful and contumacious refusal Of an officer to ])erforiii his 
 duty, works a forfeiture of his office. ( Wilda v. Jiitsscl', 1 L.Il. CM". 72_'.\ 
 
 (/•) The punishment may be, 
 
 1. Fine not exceeding :^200 ami f o imprisonment till the tine l)e paid. 
 
 2. Imprisonment in the comni gaol for a period not exceeding six 
 
 months, 
 o. Both such fine and imprisonment, in'tho discretion of tiie court. 
 
 (See Jn re Slater v. Wells, 9 U. C. L. J. 21.) 
 
 The punishment in cases fulling under sec. 170, is fine " not exceed- 
 ing .*U)0." 
 
 (.s) The true actual value of real property is in gener::; mere malti r 
 of opinion ; and where the subject of incpiirj' is f. ,aere nuitter of 
 opinion, opinions of men will be found widely to differ. One man is 
 sanguire, and fixes present value in hope of future increase; anotiier 
 is gloomy, and is iniluenced by fears of future decrease. One values 
 for purposes of sale, being able and willing to buy ; another values 
 with the like view, being neither able nor willing to buy. lladi mim 
 has his own stand-point, and his opinion is greatly influenced thereby. 
 (See note a to sec. ItO.) That the price paid for land, and the money 
 expended upon it, d; not constitute its value, is a matter of every day's 
 oxpcriencc. The value rather depends upon the number of persons 
 who at the moment are willing to purchase, coupled with the unwil- 
 lingness of the owners to sell, and, in a less degree, by the amount of 
 capital held for investment in land at the lime. The anxiety of the 
 owner to sell, when few are willing to bu}', frequently reduces it to a 
 value more nominal than real. Strictly speaking, the value of land, 
 like any other commodity, is the price it will bring in the market at 
 the time it ia offered for sale. (See S<piire qui tarn v. Wilson, 15 U. C. 
 C. r. 284.) Hut before any man can be convicted under this section, 
 the jury must be satisfied of the actual value of tlie property in ques- 
 tion ; and when it has been arrived at. a valuation greater or less than 
 it, by thirty per cent., is made prima facie evii>nce that the assess-- 
 
 29 
 
I 
 
 ■V 
 
 51 
 
 '•1 
 
 450 
 
 TrfE MCJNICIPAL MAJJtJAL. 
 
 .ABsei-?( rs 
 
 180. An Assessor convicted of having made any unjust 
 ■rrltUt '*** ^'^ fraudulent assessment, (/) shall be sentenced to the greatest 
 r -.nisbment. punishment, both of fine and imprisonment, allowed by this 
 Act. (Jt) 
 
 lYnaUyfor 181. With reference to the Upper Canada Jurors' Act, if 
 i,c t iTiHkiEs an Assessor of any Township, Village or Ward nej^lccts or 
 i\?g As"^'.-' omits to make out and complete his Assessment Eoll for the 
 [^•"he^° " Township, Village or Ward, and to return the same to the 
 !,f( i..;- time. Clerk of such Township or Village, or of the City or Town in 
 which such Ward is situated, or to the proper officer or place 
 of deposit of such Roll, on or before the first day of September 
 of the year for which he is Assessor, (a) every such Assessor 
 so oflfending shall forfeit ^or every such offence the sum of two 
 hundred dollars, one moiety thereof to the use of the Munici- 
 pality, and the other moiety, with costs, to such person as 
 may sue for the same in any Court of competent jurisdiction, 
 by action of debt or information ; (J>) but nothing herein 
 contained shall be construed to relieve any Assessor from the 
 obligation of returning his Assessment Roll at the period 
 required elsewhere by this Act, and from the penalties incurred 
 by him by not returning the same accordingly, (c) 
 
 mcnt was unjust or fraudulent. T5ut it is still in the power of tlic 
 accused, by proof of the circumstances under which the nssessment 
 was made, to rebut the prima facie case so established. 
 
 (t) See note a to sec. 179. 
 
 (»() See note r to sec. 173. 
 
 (a) See note k to sec. 176. 
 
 (6) The County Court has now jurisdiction in penal actions. (Bmsli 
 q. t. V. Tar/ffart, 16 U. C. C. P. 415.) The statute 18 Eliz. cap. 5, pro- 
 liihits the compromise of such actions without the leave of the court 
 [BUi'ker v, Meyers, 6 U. C. Q. B. 134.), and in one case leave wa:s i;iviii 
 (.11 j);ivin<>- the Crown's share into court. {Oray qui tarn v. Ihflrick, 
 II. T.'g Wm. IV. ; K. & R. Dig., Penal Action, 2.) Where it dearly 
 appears on the face of the declaration, that tiie consideration of tlio 
 defendant's promise was a compromise of sucii an action without leavi; 
 of tiio court, brought bj' the plaintiff ns a common informer against 
 defendant, the consideration will be held to be illegal, and tlie declara- 
 tion bad. (Hart v. Meyers, 7 U. C. Q. h. 410.) The verdict of a jury 
 for defendant, in a penal action, on a question of fact properly lett to 
 them, is final and conclusive. (See Hull v. Green, 9 Ex. 247 ; ('iivi//i v. 
 Hanlimu, 6 Jur. N. S. 402 ; McLellnn q. t. v. Brown, 12 U. C. C. P. '.042 ; 
 Squire r^ni timi v. Wilson, 15 U. C. C. P. 284.) No damages are reco- 
 verable for the detention of the debt, because the debt v.i not (lu'> tilt 
 judgment. (See FreJirivk v. Lookup, 4 IJurr. 2018; Cimtiiu/ v. iSilj/j/, 
 4 Burr. 21^9.) 
 
 {!) See note (' to sec. 50, and note u to see. 60. 
 
THE MUNICIPAL MANUAL. 
 
 451 
 
 Proceeding;! 
 for compeli- 
 ing Collec- 
 tors to pay 
 over moneyi 
 collected to 
 the proper 
 Treasurer. 
 
 Warrant. 
 
 182. If a Collector refuses or neglects (d) to pay to the 
 proper Treasurer or Chamberlain, or other person legally au- 
 thorized to receive the same, the sums contained in his roll, 
 or duly to account for the same as uncollected, (e) the Trea- 
 surer or Chamberlain shall, within twenty days after the time 
 when the payment ought to have been made, (/) issue a 
 warrant under his hand and seal, directed to the sheriflF of the 
 (!ounty, or to the High Bailiff of ihe City (as the case may 
 be) commanding him to levy of the goods, chattels, lands and 
 tenements of the Collector and his sureties, such sum as re- 
 mains unpaid^nd unaccounted for, with costs, and to pay to 
 tlie Treasurer or Chamberlain the sum so unaccounted for and 
 to return the warrant within forty days after the date there- 
 of. (ff) 
 
 183. The said Trcr^urcr or Chamberlain shall immediately Warrant to 
 deliver the said warrant to the Sheriff of the County, or High 1^ gherTff,'"'' 
 Bailiff of the City, as *he case may require. (It) *«• 
 
 ((/) Kii/Ucfs or rr/uses, see note ^ to sec. 176. 
 
 (f) It is the duty of every colK'ctor of taxes on or before 14th 
 BecernVicr in every year, or on siicli other day in the next year not 
 Liter than 1st April, as tlie Council of the city, town, township or vil- 
 liicfe may appoint, to return his roll to the Treasurer or Chamberlain 
 of the municipality, and pay over the amount payable to such Treasurer 
 or Cliamberlain, sj)ecifyiiig in a separate column in his roll, how much 
 uf the wliole amount paid over is on account of such separate rate. 
 (Sit. Idl.) If any of the taxes meritioned ir the collectors' roll remain 
 unpaid, and the collector be not able to collect the same, he must 
 deliver to the Chamberlain or Treasurer of the municipality, an account 
 of all taxis remaining due on the roll, and in such account must show 
 opposite to each assessment the reason why he could not collect the 
 xn\m', by inserting in each case the words " non-resident" or " not 
 sufficient property to distrain" (as the case may be). (Sec. 106.) 
 
 (f) The day on which the pajnicnt ought to have been made must 
 he reckoned exclusively. (See Younij v. Iliggon, C M. & W. 49 ; 
 Gibson V. Mmket, 3 Scott N. 11. 42'J.) 
 
 (;/) It is of the greatest importance that moneys due to a municipal 
 corporation for taxes or rates, sliould with as little delay as j)o.s'jibIe 
 lie piiid. Tills is necessary in order to enable the corporation not 
 Mierely to pay its otHcers and keep faith with contractors, but to keep 
 laith with public creditors, lleuce it is that sureties are necessary 
 (sues. 171, 175) and heuce it is that so stringent provisions, even of a 
 criminal nature, are enacted against collectors and others whose duty 
 it is to collect and jiay over taxes. (Sec. 182.) Hence it is that the 
 very summary remedy of a civil nature is here jirovided, and that 
 remedv is an immediate one, not only against the goods, chattels, lands 
 and tenements of tlie ciilector, but of his sureties. 
 
 {k) 8cc note ^ to see. 1H2. 
 
 ii 
 
 
 ^ 
 
f 
 
 i! 
 
 
 
 \ 
 
 452 
 
 gherifr, &c., 
 to execute 
 it ; and pay 
 it over. 
 
 Mode of com- 
 pelliog 
 Slieriff, Ac, 
 to pay over. 
 
 Rule of 
 Court. 
 
 Wlien re- 
 turDablo. 
 
 Henri II g on 
 return. 
 
 THE MUNICIPAL MAN'L'AL. 
 
 184. The Sheriff or High Bailiff to whom the \>;ir;arit is 
 directed shall, within forty days, cause the same to be excciiti'tl 
 and make return thereof to the Treasurer or Cluimberliiiii, niid 
 shall pay to him the money levied by virtue tlieioof, (i) de- 
 ducting for his fees the same compensation an uputi writs ut' 
 execution issued out of the Courts of record. (./ ) 
 
 185. If a Sheriff or High Bailiff refa.scs or noirlocts to 
 levy any money when so commanded, or to pay over tlio siiinc. 
 or makes a false return to the warrant, or neglects or refuses 
 to make any return, or makes an insufficient return. (/,) the 
 Treasurer or Chamberlain may, upon affidaNt ot the tacts, 
 apply in a summary manner, to either of the Superior Courts 
 of Common Law in term time, or to any Judge of either (Joui t 
 in vacation, for a rule or summons calling on the Sheriff or 
 High Bailiff to answer the matter of the affidavit. (7) 
 
 180. The said rule or summons'shall be returnable at such 
 time as the Court or Judge directs, (m) 
 
 187. Upon the return of such rule or summons the Court 
 or a Judge may proceed in a summary manner upon affidavit, 
 and without formal pleading, to hear and determine the matters 
 of the application, (h) 
 
 (i) Tlie duties of the officers to whom the writ is delivered, are : 
 
 1. To cause tlie same to be executed. 
 
 2. To make return thereof to the Treasurer or Chaniborlaiii. 
 
 3. To pay over the money levied — deducting his fees. 
 All within forty days. 
 
 (_/) A sheriff is not entitled to poundage on a writ of execution, 
 unless he actually lev}', that is, make the money, (Baehvian et al. v. 
 Frank, 15 U. C. C. P. 196.) If the claim bo settled by moans of i1r> 
 pressure of the writ, the sheriff is entitled to reasonable coinpensatlun 
 therefor. {lb.) 
 
 [k) The section'npplies if the sheriff or high bnililT: 
 
 i. Refuses or neglects to levy. 
 
 2. To pay over the amount, if levied. 
 
 3. Makes a false return. 
 
 4. Neglects or refuses to make any return, or makes an insuffieioiit 
 return. 
 
 (/) The application is to be made " upon nffid.-ivit of the facts." If (lie 
 affidavit be deemed sufficient, the court or judge will grant a rule or 
 summons, returnable at such time as may be directed, to answer \\w 
 matter of the affidavit. (Sec sec. 186.) 
 
 (»i) See note I to sec. 185. 
 
 (n) It is enacted that the court or a Judge may proceed in a summary 
 manner, to hear and determine the matters of tliO application. Ap- 
 parently as much power is given to the judge as the court. The juris- 
 
Tin: MUNicir.vL maxual. 
 
 453 
 
 IS 
 
 to 
 
 he 
 ts, 
 rts 
 mrt 
 or 
 
 1S8. If the Court or Judfio bo of opinion that the Sheriff fi. f*. to 
 or Fiinh IJiiiliff has been guilty of the dereliction alleged ||;'',f;yX/ 
 a^iiinst hill), (o) such Court or Judge shall order the proper money, 
 officer of the Court to issue a writ of Fieri Facias, adapted 
 to the case, directed to a Coroner of the County in which the 
 Municipality is situate, or to a t^oroner of the (jl*y (as *' t case 
 tnay be) for which the Collector is iu default. (;>; 
 
 Such Writ shall direct the Coroner to 'evy of the ^^-.nor of such 
 i chattels of the Sheriff or High Bailiff, the sum which 
 
 1H9. 
 
 goods and 
 
 the Sheriff or High JJail'fT was ordered to levy by the warrant 
 
 <if the Treasurer or Chamberlain, together with the costs of 
 
 the application and of such writ and of its execution ; (q) aid Wr1t!*"*"'°^ 
 
 the Writ shall bear date on the day of its issue, whether in 
 
 toriu or vacation, and shall be returnable forthwith upon its 
 
 being executed, (*•) and the Coroner, upon executing the same, ^**^- 
 
 shill be entitlod to the same fees as upon a Writ grounded 
 
 upon a Judgment of the Court. (.-■•) 
 
 190. If a Sheriff.or Higli IJailiff wilfully omits to perform P«na"yon 
 any duty required of him by this Act, {t) and no other penalty other im- 
 is hereby imposed for the omi.'ision, he shall be liable to a p"^"^- 
 penalty of two hundred dollars — to be recovered from him in 
 
 any court of competent jurisdiction at the suit of the Treasurer 
 of the County or Chamberlain of the City, (w) 
 
 191. All money a.ssossed, levied and collected for the pur- 
 
 po.'io of being paid to the Receiver General, or to any other money coi- 
 public oflicer, for the public usci ^f the Province, or ibt any {i,e*|IJo™^, 
 special purpose or use mentioned in the Act under which the 
 same is raised, shall be a.ssessed, levied and collected by, and 
 accounted for and paid over co, the same persons and in the 
 same manner and at the sane time, as taxes imposed on the 
 
 ilirtion of each is to hear and determine ; and it may be contended 
 tliat when « jiu1m;o determines, l»is decision 18 final. The jurisiliction 
 i" Ji statutable one, and in tlic absence of a provision for an appeal 
 from tlio decision of tiie judge or the court, it may be argued there is 
 no appeal. The point is as j'ct undecided. 
 
 (o) Sco note k to sec. 185. 
 
 (p) See note ;/ to sec. 182. 
 
 ((y) Sec sees. 182, 185. 
 
 (r) See note (/ to sec. 182. 
 
 (x) Sc(r nrte j to sec. 184. 
 
 (/) See note k to sec. 176, and note q to sec, ITS. 
 
 («) See note b to sec. 181. 
 
 ace. 
 
!♦■ 
 
 Ij 
 
 
 454 THE MUNICIPAL MANUAL, 
 
 same property for County or City purposes, and shall in law 
 and equity be deemed and taken to be moneys collected for 
 the County or City so far as to charge every Collector, Cham- 
 berlain or Treasurer with the sai acd to render him and his 
 sureties responsible therefor, and ."or every default or neglect 
 in -regard to the same, in like manner as in the case of moneys 
 assessed, levied and collected for the use of the City or 
 County, (y) 
 
 How money t99- All moncys coUected for County purposes, or for any 
 collected for of the purposes mentioned in the preceding section, shall be 
 poses shHu"^ payable, by the Collector to the Township, Town or Village 
 bepBidover. Treasurer, and by him to the County Treasurer, and the Cor- 
 poration of the Township, Town or Village shall be responsible 
 therefor to the Corporation of the County, (a) 
 
 Collectors or 193- Any boud and security given by the Collector or 
 Treasurers Treasurer to the Corporation of the Township, Town or Village, 
 apply all" that he will account for and pay over all moneys coUectoJ or 
 i^i'tod^b •'^' received by him, shall apply to all moneys collected or received 
 them. for County purposes, or tor any of the purposes mentioned iu 
 
 the one hundred and ninety-tiioL section, (i) 
 
 Local Trea- 194- The Treasurer of every Township, Town or Village 
 overcount/ shall, witliin fourteen days after the time appointed lor the 
 Co^unfy '" fi""^ settlement of the Collertori*' lloUs, (c) pay over to the 
 Treasurerg. Treasurer of the County all mioneys which were assessed and 
 
 (v) See sees. 174, 175, 170. 177, 178, 179, \S2etseq. and not(»~ thereto. 
 
 (a) It is not only declared that all tVie moneys eoUcrtod f«r eoniity 
 jiurposes, or for any of the purposes mentioned in the prcct'ilimij .«citii)!! 
 sliall be payable by tlie Colleetor of the townshif), Ar., to tin.- Cuiiniy 
 TreafUi'CT, but that the corporation of the township sliall hi- n'sponnible 
 therefor (apparently whether collected or not) to the ct)q)oration of 
 the county. This of itself should induce local corporation:? to employ 
 only active and reliable men as collectors, and to e.\act fn>m all men 
 holdincf surn an ottice, &m\Ae security for the due accountiiii^ and pay 
 inpj over all nion*^-8 collected. The bond or security in such a ease 
 will apply to county mon;^y8 as well as all moneys mentioned in sec. 
 191, wiiether so expressed iu the bon'i or not. (Sjec. I'.>o.) 
 
 (6) It is not every bond or security given by » '"ollector or Trea- 
 surer that will come under this *<^ction, but only *uch as are contli- 
 tioned or provided for accountin;^ and paying over *11 moneys collected 
 or received by the officers. These general word-: wlifu n-ed, are, by 
 the operation of this section, made to extend n^it only to moneys 
 collected or received for county jjurposes, but for any of the purposis 
 mentioned i i sec. 191 of the act. 
 
 (c) See sees. 104, 106. 
 
THE MUNICIPAL MANUAL. 
 
 455 
 
 by law required to be levied and collected in the Municipality 
 for County purposes, or for any of the purposes mentioned in 
 the one hundred and ninety-first section of this Act. (c^) 
 
 10«S If default be made in such payment, (c) the County 
 Treasurer may retain or stop a like amount out of any moneys 
 which would otherwise be payable by him to the Municipality, 
 or may recover the same by a suit or action for debt against 
 such Municipality, or whenever the same has been in arrear 
 for the space of three months, he may by warrant under his 
 hand and seal reciting the facts, direct the Sheriff of the 
 County to levy and collect the amount so due with interest 
 and costs from the Municipality in default. (/) 
 
 106. The Sheriff, upon receipt of the warrant, shall levy 
 aYid collect the amount, with his own fees and costs, as if the 
 warrant had been a writ of execution issued by a Court of 
 law, (^r) and he shall levy the amount of costs and fees, in tho 
 same manner as is provided by the " Act respecting the 
 Municipal Institutions of Upper Canada/' in cases of writs of 
 execution, {gg') 
 
 107. The County Treasurer, and City Chamberlain, res- 
 pectively, shall be accountable and responsible to the Crown 
 for all moneys collected for any of the purposes mentioned in 
 the one hundred and ninety-first section of this Act, and shall 
 piiy over such moneys to the Receiver-General, (h) 
 
 Mode of en- 
 forcing sufh 
 payment. 
 
 Warract to 
 Sheriff. 
 
 IIow the 
 Sheriff .shall 
 levy. 
 
 County Trea- 
 surer.'Ac, to 
 account fur 
 and pay ovi?r 
 Crown 
 money.s. 
 
 {d) If ilofiuilt bo mftdc, summary proceedings may be had against 
 tlie Treasurer, such as authorized by the act against the Colleetor. 
 (Sec. 195.) 
 
 (e) See sec. 194. 
 
 (/) The remedies are threes 
 
 1. Retaining or stopping a like amount out of any moneys wliich 
 
 wouki otherwise be payable to the municipality. 
 
 2. Recovering the same by a suit or action for debt against such 
 
 mnnicipiility. 
 
 3. Issue of a warrant whenever in arrears for the space of three 
 
 iii^intlw. 
 
 ((/) Sec note g to sec. 182. 
 
 (f/ij) See Municipal Act, sec. 224, and notes thereto. 
 
 (Ji) The liability of tho Collector, as declared in sec. 191. is here 
 t^xtended to the County Treasurer or City Clmmberlain, so as to make 
 lhe collection of rates, or rutiier the paying over tlws money collected, 
 .IS expeditious as possible. 
 
m 
 
 m 
 
 Munloipa'.lty 
 resjionslble 
 for Huch 
 moneys. 
 
 Treasurer, 
 Ac, rcsponel- 
 ble to Coun- 
 ty, City, ic. 
 
 Bonil-i to 
 apply. 
 
 Botids to 
 »ppty to 
 School 
 moneys, &o 
 
 ■156 THE MUNICIPAL MANUAL. 
 
 198. Every County, City and Town withdrawn from the 
 jurisdiction of the County within which it is situated, (i) shall 
 be responsible to Her Majesty, and to all other parties inte- 
 rested, that all moneys coming into the hands of the Treasurer 
 or Chamberlain of the County, City or Town in virtue of his 
 office, shall be by him duly paid over and accounted fur 
 according to law. {j) 
 
 190. The Treasurer or Chamberlain and his sureties slisill 
 be responsible and accountable for such moneys in like luamier 
 to the County, City or Town, and any bond or security givcMi 
 by them for the duly accounting for and paying over nii>iu>y9 
 coming into his hands, belonging to the County, City or Town, 
 shall be taken to apply to all such moneys as are mentioned 
 in the one hundred and ninety-first section, (^) and may be 
 enforced against the Treasurer or Chamberlain, or his sureties, 
 in case of default on his part. (I) 
 
 300- The bond of the Treasurer or Chamberlain and his 
 sureties shall apply to School moneys and all public moneys of 
 the Province; and in case of any default, Her Majesty may 
 enforce the responsibility of the County, City or Town, by 
 stopping a like amount out of any public moneys, which 
 would otherwise be payable to the County, City or Town, or 
 to the Treasurer or Chamberlain thereof, or by suit or action 
 against the Corporation, (m) 
 
 ^''^('^IVi 201. Any person aggrieved by the default of the Cham- 
 
 for dofauit of bcrlaiu or Treasurer, may recover from the Corporation of the 
 liuB^Ac! City, County or Town the amount due or payable to such 
 person, as money had and received to his use. (?*) 
 
 (i) Every such city nnd town is a county of itself for nniiii(.i|ml 
 purposes. (Municipal Act, sec. 350.) 
 (j) See note a to sec. 192. 
 {k) See note 6 to sec. 193. 
 
 {I) In an action by the Corporation of a county against tlvoir Trea- 
 surer, on his bond, wliere it was proved tliat Goveriiuieut iiioin'v 
 fraudulently' charged by him as paid over to the Government was nut 
 so paid, it was held unnecessary to sliow a demand of tlie GovcrnuR'nt 
 upon him for the money, in order to entitle the Corporation to recover. 
 {Corporatiwi of Emx v. Park, 11 U. C. C. P. 473.) 
 
 (tn) See note / to sec. 195. 
 
 (n) The count for money had and received is the mo.st common of 
 all the common counts. It is applicable wherever the defendant lias 
 received moneys which in justice and equity belong to the plaintiff, 
 under circumstances which render a receipt of it a receipt to the ii«e 
 of the plaintiff. (See Bullen & Leake's Precedents, 2ud ed. p. liij,, 
 et seq.) 
 
Tirii MUXICII'AL MANUAL. 
 
 457 
 
 om the 
 i) shall 
 ea intc- 
 rcasurer 
 of his 
 ted for 
 
 Penalty for 
 tnarlDK ilown 
 noticed, &c. 
 
 Recovery 
 of ttnpfi and 
 forfeiture* 
 hi>ri'l>y 
 iuipoHcd. 
 
 JIlSCKr.LANEOUS. 
 
 sots. If any person wilfully tears down, injures or defaces 
 any advui'tiscinent. notice or other document, which is required 
 by this Act to be posted up in a public place for the informa- 
 tion of persons interested, he shall, on conviction thereof in a 
 suniinary way before any Justice of the Peace having juris- 
 diction in the county, be liable to a fine of twenty dollars, and 
 in default of payment or for want of sufficient distress to im- 
 prisonment not exceeding twenty days, (o) 
 
 tSOSt. The fines and forfeitures authorized to be summarily 
 imposed by this Act, shall, when not otherwise provided, be 
 levied and collected by distress and sale of the olfender's 
 <;oods and chattels, under authority of a warrant of distress to 
 be i^i.sucd by a Justice of the Peace of the (:'ounty, and in 
 default ol' sufficient distress, the offender shidl be committed 
 to the Common Gaol of the County, and be there kept to hard 
 labour fur a period not exceeding one month, (p) 
 
 301. When not otherwise provided, all penalties recovered Ai.piication 
 under this Act shall be paid to the Treasurer or Chamberlain, 
 to the use of the Municipality. (</) 
 
 Repeaung Clause. 
 
 SO*i. The Acts amending the Assessment Act, passed in 
 
 the years ono thousand eight hundred and sixty, one thousand 
 
 eight hundred and sixty-one, and one thousand eight hundred 
 
 and sixty-three, and the "Assessment Act," being chapter 
 
 Cnp. .1;', Con. 
 Stilt. U. C, 
 ami Acts 
 amending it, 
 repealed. 
 
 (o) It is onlj' when the person charged is proved wil/ullif to liave 
 torn clown, injured or clet'aeed an advertisement, notice or other docu- 
 ment, under the act, that he can be convicted. Wlicrc tlie act ehnrfjed 
 can be said to iinve been the result of mere neglect (see note k to see. 
 170) and not of the will, there is no offence under this section. If con- 
 victed, there may be a fine imposed of twenty dollars; and in default 
 of sutlieient distress, imprisonment for twenty days. 
 
 (p) This section applies to all fines and forfeitures authorized to bo 
 suiuiiiarily enforced by the act, when no other mode of levy is pro- 
 vided. Where a fine or i)ecuniary forfeiture is imposed, the object to 
 1)0 attained is the collection of the money. If that object can be 
 attained bj- distress of goods and chattels, it would be unlawful to 
 iinpri.son. The imprisonment is oidy authorized in default of suftieient 
 distre.-"?!, and then for a period not exceeding one month at hard labour. 
 
 ((/) This section also applies to all penalties (not to all fines and 
 forfeitures) recovered under the act. All such, when not otherwise 
 j)rovide(l, must be paid to the Treasurer or Chamberlain, to the use of 
 the inuiiicii>idity. The fine authorized by sec. 176, to be imposed on 
 an Assessor or Clerk who refuses or neglects to perform any duty 
 under the act, is to be forfeited " to Her Majesty." 
 
4 
 
 458 
 
 THE MUNICIPAL MANUAL. 
 
 Bhurt tltlu. 
 
 (.'(imiiionce- 
 Diuut of Act, 
 
 fifty-five of the Consolidated Statutes for Upper Canada, (>•) 
 are hereby repealed, saving any ri<:hts, proceedings or thiogs 
 le<;;!illy had, acquired or done under tho said Acts or any of 
 them, (s) 
 
 3416- This Act shall be known and may be cited as " The 
 Assessment Act of Upper Canada," (t) and shall conic into 
 force and effect upon and from the first day of January, one 
 thousand eight hundred and sixty-seven, (u) 
 
 (>•) Tho statutes to which rcfercnco is hero mmle, have beoii, ia 
 whole or in part, re-enacted by this act. 
 
 («) See note n to see. 428 of the Municipal Act. 
 
 (<) This has already been enacted in the act. (See eoc. 1, and note 4 
 thereto. 
 
 (m) Questions may arise as to tho effect of the act upon proceedinffs 
 in octions commenced before and pending on the 1st January, 1807. 
 The general scope of tho act appears to bo prospective, but in some 
 parts is clearly retrospective. 
 
THE MUNICIPAL M.VNUAL. 
 
 451) 
 
 «3 
 
 o 
 
 .a 
 
 i 
 
 1 
 
 
 Second Class 
 Service. 
 
 
 first ClasB 
 Service. 
 
 I 
 
 
 •isqajia 1 
 
 •«ao(i 1 
 
 11 
 
 ■sKva JO ON 
 
 
 •ami 09 0} \Z o'O'V o" >8js,{ 
 
 
 ■«ja>|nnj, jn '«)b|iiouak 'usiisn^ | 
 
 Xnedoj,! iHao<ut>(i put \ho){ jo an(iiA |>)ox | 
 
 1^ 
 
 -1 
 
 ■X)jado4j i«ao8Mj jo sniSA I'JOI 
 
 
 ■oinoaai siqnxvx 
 
 
 .2 B>> 
 
 tl 
 
 1 = 
 
 ■AjJ(Ml(>j,i i«3H |u 9ni»A l»»ox 1 
 
 •)0Tqi>u.).|0 8n|BA 1 
 
 ■)Ut<in»jns«tfi( i«nxo jo ')e.>j 'riMsyjo -oj^ | 
 
 •oy 'dsnoii 40 -jo^ jo ojj | 
 
 ■uo|)«aii|iid(i 
 4W110 JO ajsnbg ')9aJ)S 'aoisoeDooo ;(> -on 
 
 •iionoag jooqaa 1 
 
 J 
 
 1 
 
 9 
 
 3 
 
 C3 
 
 a 
 H 
 
 o 
 
 i 
 
 1 
 
 •stU''PIiaH-U"N 
 
 
 ■ssaippv pas uaoMO 
 
 
 •say 
 
 
 'jepioqaaj j JO jopioqasnoii 
 
 
 ■ay 'ao||v(In3Jo 'aoiraajoj,! 
 
 
 4 
 
 
 •*0X 
 
 
 s u :j 
 
 e 5 -r 
 
 s is 
 
 o . 
 
 '-' 1= =-i 
 . -^ ii> 
 
 9) U .S 
 
 41 u — 3 
 
 |o:S 
 ^v- e 
 
 in 
 
 «> a tf 
 
 ^ .- J, 
 
 t' tl'u 
 
 'O .3 
 S i> it 
 
 — "-s i 
 
 
 X 
 
 o 
 o 
 
 o ® 
 
 "2 
 
 3' 
 
 rn 
 
 o 
 
 10 
 
 09 
 
 *11 
 
 o >> 
 
 «^:^ 
 
 _ a i— <5 
 
 3 Q) _, 
 
 o 
 
 4> ^ 
 
 .2 o 
 
 
 a 
 
 > 
 
 in 
 
 e 
 
 CI 
 
 o 
 u 
 
 § '^ 
 
 « .iT 
 
 to a" 
 .S i 
 
 43 
 2 
 
 s 
 
 .3 
 to 
 
 o 
 
 &i 
 
 cT 
 o 
 
 -^ 
 a 
 « 
 
 a] 
 
 o 
 
 .2 
 v» 
 
 o 
 
 V2 
 
 o 
 
 e 
 s 
 
 
 ^ 
 
 l!l 
 

 > 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 // 
 
 ^^^ 
 
 ^ ' //ji. %^o 
 
 1.0 
 
 I.I 
 
 ■so ^^~ H^H 
 
 ■^ 1^ 12.2 
 
 ■u .3. liii 
 
 £^ |i£ i2.0 
 
 6" 
 
 I; 
 I 
 
 1.8 
 
 L25 11114. 116 
 
 J^ 
 
 
 
 V 
 
 Photographic 
 
 Sciences 
 
 Corporalion 
 
 23 WIST MAIN STRliT 
 
 WIUTn,N.Y. 14SM 
 
 (716)172-4503 
 
 
 ■<$■ 
 

 %^ 
 
 6^ 
 
 ^ 
 
460 
 
 TIIK MUNICIPAL MANUAL. 
 
 SCHEDULE B. 
 To all to ivhom these presents shall come : 
 
 We, 
 
 -, of , Esquire, Warden, and , of , Esquire, 
 
 Treasurer, of the County of , Send Greeting 
 
 Know ye, that by virtue of a Warrant, under the hand of the said 
 Warden, and the seal of the said County, I, the said Treasurer, did, on 
 
 the day of , in the year of our Lord, one thousand eight 
 
 hundred and , sell by Public Auction, to , of , in the 
 
 County of , that certain parcel or tract of land and premises here- 
 inafter mentioned and described, and intended to be hereby conveyed, at 
 
 and for the price or sum of of lawful money of Canada, tj pay 
 
 the arrears of taxes alleged to be due thereon up to the — - day of 
 
 , in the year of our Lord, one thousciTd eight hundred and , 
 
 together with costs. 
 
 Now know ye that we, said Warden and Treasurer, in pursuance of 
 such sale, and for the consideration aforesaid, and in pursuance of the 
 Statute in that behalf, do hereby grant, bargain and sell unto the said 
 
 , his heirs and assigns, all that certain parcel or tract of land and 
 
 premises, being composed of acres of lot number , in 
 
 the concession of the Township of , in the said County, which 
 
 said acres may be known and described as follows : 
 
 In witness whereof, we, the said Warden and Treasurer, have here- 
 unto set our hands and affixed the seal of the said County, this 
 
 day of , in the year of our Lord, one thousand eight hundred and 
 
 ; and the Clerk of the said Municipality hath countersigned the 
 
 same. 
 
 I' 
 
RULES OF COURT 
 
 FOR THE TRIAL OF CONTESTED ELECTIONS AND TARIFF OF FEES. 
 
 IN THE 
 
 COURTS OF QUEEN'S BENCH AND COMMON PLEAS. 
 
 Michaelmas Term, 14th ViCTuniA. 
 
 Whereas, by an Act passed by the Parliament of this Pnivinee. in 
 the twelfth year of Her Majesty's reign (cap 81), entitled, " An At-t 
 to provide by one general law for the erection of Municipal Corporations, 
 and the establishmen*. of Regulations of Police, in and for the several 
 Counties, Cities, Towns, Townships and Villages in Upper Canada," 
 power was given to Her Majesty's Court of Queen's Bench in Upper 
 Canada, and the several Judges thereof, to try and decide all matters 
 relating to contested Municipal Elections as therein provided; And 
 whereas, by the Act of the last session of Parliament (chapter 64), 
 entitled, " An Act for correcting certain errors and om is- 12 vic. 8i, sec. 
 sions in the Act of the Parliament of this Province, passed !•*•'' «' «"'/• 
 in the last session thereof, intituled, * An Act to provide hy one general 
 law for the erection of Municipal Corporations and the establishment 
 of Rejulations of Police, in and for the several Counties, 10 vic. c. isi. 
 Cities, Toions, Townships and Villages in Upper Canada, sec. 27. 
 for amending certain of the provisions of the said Act, and making some 
 further provisions for the better accomplishment of the object thereof,'' 
 the powers conferred on the said Court and Judges have been extended 
 to the Court of Common Pleas and the Judges thereof, and additional 
 powers have been thereby given in the premises to the said Courts and 
 Judges respectively; and it being aAiong other things in effect enacted, 
 that it should and might be lawful for the Judges of Her Majesty's two 
 Superior Courts of Common Law, at Toronto, or the majority of them, 
 by any rule or rules to be by them for that purpose made, from time to 
 time in term time, as occasion may require, to settle the forms of all 
 such writs, whether of summons, certiorari, mandamus, execution, or 
 of or for whatever other kind or purpose, as are authorized by the said 
 Act; therefore, in order to settle the said forms, and to regulate the 
 practice and proceedings in the said Courts in the matter aforesaid. 
 
5* 
 I 
 
 4G2 
 
 THE MUNICIPAL MANUAL. 
 
 It is ordered, that the following Kulcs be substituted for the Rules 
 made in Hilary Term last, by the Judges of the said Court of Queen's 
 Bench, for the trial of such elections ; and that the forms of such writs, 
 and the practice to be observed with respect to the matters aforesaid, 
 shall be as follows, that is to say : 
 
 1. The relator entitled to complain of any election shall in person or 
 by attorney, by written motion, apply to one of the said Courts of 
 Queen's Kench or Common Pleas in term time, or to the Judge pre- 
 siding in Chambers in vacation, for a writ of summons in the nature of 
 a gno icarranto, which motion must, according to the statute, be made 
 within six weeks after the election complained against, or within one 
 month after the person whose election is questioned shall have accepted 
 the office, and not afterwards. 
 
 3. Such motion shall be founded, first, on a written statement, which 
 shall be annexed to the motion paper, setting forth the interest which 
 the relator has in the election, as candidate or voter, and setting forth 
 also specifically, under distinct heads separately numbered (if there be 
 more than one), all such grounds of objection as he intends to urge 
 against the validity of the election complained against, and in favor of 
 the validity of the election of the relator or another or other person or 
 persons, when he shall claim that he or they or any of them have been 
 duly elected j and at the foot of such statement there shall be an affi- 
 davit, made and signed by the relator, that ho believes such grounds to 
 be well founded : and, secondly, on an affidavit or affidavits of the rela- 
 tor, or other person or persons, setting forth fully and in detail the facts 
 and circumstances which shall support the application. 
 
 The statement of the relator may be after the following form, mutatis 
 mutondis : 
 
 STATEMENT OF THE RELATOR. 
 
 IN THE QUKEN's BENCH (or COMMON PLEAS). 
 
 The statement and I'elution of , of , wlio, complaining that 
 
 (here inserting the names and additions of all, if more than one person), Imth 
 [or hare) not been duly elected, and hath (or have) unjustly nsurjied and still doth 
 
 [or do) usurp the office of , in the Town of (or Township of , as the 
 
 case may be), in the County (or United Counties) of , under the pretence of nn 
 
 election held on , at , in the said County (or United Counties). [And 
 
 (when, it is claimed that the relator, or the relator and another, or others, ought to have 
 hecn returned) that (here name the party or parties so entitled) was (or teei'e) duly 
 elected thereto, and ought to have been returned at such election], and declaring 
 
 that he the said relator hath an interest in the said election as a , states and 
 
 shows the following causes why the election of the said to the said office 
 
 should be declared invalid and void. [And (when so claimed) the said (naming 
 
 the party vr parties) be duly elected thereto.] 
 
 Ktrst — That (for example) the said election was uot conducted according to law, 
 in this, that, ifec. 
 
 
 
 li'-i 
 
TtlE MUNICIPAL MANUAL. 
 
 4G3 
 
 Second — That the said was not duly or legally elected or returned, in this, 
 
 that, &c. 
 
 Third— lihat, &c. 
 
 Signed by the relator in person, or by C. D. his attorney. 
 
 Note. — Where the intentinn of the relator is to impeach the election as altogether void, in which 
 event, as the office cannot be claimed for any other or others, the portion of the above and succeed- 
 ing forms rtiUtiug thereto Hbuuld be omitted. 
 
 St. If the Court or Judge applied to shall find sufiicient ground for 
 i.ssuing a writ of summons in the nature of a quo warranto, then, upon 
 such recognizance being entered into as the Act directs, and a proper 
 affidavit of justification made, and the sufficiency of the sureties allowed 
 by such Court or Judge, a writ shall issue, sealed and tested as other 
 writs of summons in cases between party and party, and attached 
 thereto shall be a copy of the relator's statement of objections and 
 grounds, and of the names and additions of the persons who shall have 
 niiide the affidavits upon which the writ was moved. 
 
 The recognizance and fiat for summons, and the writ of summons in 
 these Kules mentioned, may be in the following forms : 
 
 FORM OF RECOr-NIZANCE, 
 
 IN THE queen's bench (or COMMON PLEAS). 
 
 Uppek Canada, County (or United Counties of ), Be it remembered, that 
 
 on the daj' of , in the year of our Lord one thousand eight hundred 
 
 and , before me, , of , Chief Justiqe {or a Justice, or a Commissioner 
 
 for tiking hail) in Iler Majesty's Court of Queen's Bench (o»' Common Fleas) for 
 
 Upper Canada, cometli , of , of , and , of , and acknowledge 
 
 tlieniselvcs severally and respectively to owe to , of (here inserfhir/ the 
 
 7iaiiie or names of the person whose eledioii is complained against), as follows, that 
 
 is to say, the said , the sum of fifty pounds, and the said and the 
 
 fium of twenty-five pounds each, upon condition that if the said do prosecute 
 
 with effect the writ of summons in the nature of quo warranto to be issued on an 
 
 order or fiat to be made at the instance and upon the relation of the said , 
 
 against the said , to show by what authority he (or they) the said claims 
 
 (or claim) to be (here state the office so claimed) and why he (or they) the said 
 
 sliould not be removed therefrom, [and (inhere so claimed by the relator) why ho 
 ti»e said relator (or the party or parties entitled) should not be declared duly elected, 
 
 and be admitted to the said office] ; and if the said do pay to the said 
 
 all sucli costs as the said Court of (or the Judge presiding in Chambers, at the 
 
 City of Toronto, in the County of York), shall direct in that behalf, then this recog- 
 nizance to be void, otherwise to remain in full force. 
 
 Taken and acknowledged the day ancl vear first above mentioned, 
 
 before me, 
 
 FORM OF A JUDGE'S FIAT ORDERING A AVRIT TO ISSUE IN VACATION 
 IN THE QUEEN'S BENCH (or COMMON PLEAS). 
 L^pon reading the statement of , of , in the County of , complain- 
 ing of the undue election and usurpation of the oflice of , bj' , [and (if so, 
 
 stating) that the said (relator or other person named) was (or were) dul}* 
 
 elected, and ought to have been returned to the said oflBce], and upon reading the 
 ofHdavits filed in support of the said statement ; and also upon reading the recog- 
 nizance of the said , and sureties therein named, and the same being allowed 
 
 m 
 
464 
 
 THE MUNICIPAL MANUAL. 
 
 as sufficient ; I do order tliat a writ of summons do issue, calling upon the said 
 
 ((he party wJione election is complained of) to show by what autliority lie (or 
 
 the//) the said (the parti/ luhose election is complained of) now exercises or 
 
 enjoys {or exercise and enjoy) the said office [and why {if so claimed) he {or i/icy) 
 
 tlie said , sliould not be removed therefrom, and the said {rtlator or 
 
 other person or persons named) should not be declared duly elected, and be admitted 
 thereto]. 
 
 Dated this day of , 18—. 
 
 NOTB.— If by Rule of Court, the above form ghould be modified ftccordingly. 
 FORM OF WRIT OF SUMMONS. 
 
 t'l'PER CANADA. 
 
 Victoria, by the Grace of God, (fee. 
 
 To , of , etc., in the County {or United Counties) of . 
 
 We command you {and ch of yon) that j'ou {find each of yon) bo and appear 
 before the Ciiief Justice t. atlier Justice of our Court of Queen's I3encii {or Coin- 
 inon Picas) for Upper Canada, presidiUj^ in Chambers, at tlic Judges' Ciiamberd 
 in our City of Toronto, on the eighth day after tlie day on which you sliall bo 
 served with this writ, then and there to answer and show to such Chief Justice 
 
 or Justice by what authority you claim to use, exercise or enjoy the office of , 
 
 which office, upon the relation of , having, as lie says, an interest in the 
 
 election to the said office as a , we are informed tliat you liave usur[K'd and 
 
 do still usurp [and that {if so claimed) the said {relator or party or parties 
 
 mentioned) was {or were) and should have been declared duly elected and admitted 
 thereto], and further to do and receive all those things wiiich our said Chief Jus- 
 tice or Justice, shiiU thereupon order concerning the premises. 
 
 AVitness, the Honorable ; Chief Justice of our said Court of {or other 
 
 Justice in whose name the writ is tested), at Toronto, this day of , 18 — , 
 
 and in the year of our reign. 
 
 FORM OF NOTICE TO BE ENDORSED ON OR ANNEXED TO THE WRIT 
 
 OF SUMMONS. 
 
 IS THE queen's bench {or COMMON PLEAs). 
 
 The Queen, upon the relation of , against . 
 
 To — r and , named in the within {or annexed) writ of summons : 
 
 The within {or annexed) writ of summons has been issued at my instance and 
 relation ; and a statement concerning the premises, whereof a copy is liereunto 
 annexed, is tiled in the office of the Clerk of the Crown in this Court (or with the 
 Clerk in Chambers, at the City of Toronto), together with affidavits supporting the 
 same ; and the names and additions of the deponents to the said affidavits are 
 hereunder written. And you are served with the said writ of summons to the 
 intent that j'ou do appear and answer, as therein commanded, or otherwise judg- 
 ment will be given against you by your default, and your election to the therein 
 mentioned office will be declared invalid, atid you will be removed therefrom [and 
 
 the said {tfie relator, or , the party or parlies, if ami, alleged to be entitled 
 
 therein named be declared duly elected, and will be admitted thereto in your 
 place]. 
 
 A. 
 
 The above mentioned deponents are : 
 
 B. in person, 
 
 or by 
 D., his Attorney. 
 
 of- 
 of- 
 
TIIK MUNICIPAL MANUAL. 
 
 465 
 
 '> 
 
 MINUTE OF THE DAY OF SERVICR TO BE WRITTEN ON THE 
 
 THE SUMMONS. 
 
 Served this day of , 18 — . 
 
 4. A CDpy of isuch summons, and of the piiper attached thereto, with 
 a notice on the back of the copy of KUinmons, accordinp; to the forej^oinj^ 
 form, may be served by any literate person, who shall, within twenty- 
 four hours after such service, make a minute on the writ of the time of 
 servini;; the same ; and upon the return of the writ, the party or parties 
 summoned may appear either in person or by attorneyj and the manr r 
 of appearance shall be by indorsinc on the buck of the relator's statement 
 attached to the motion paper, "The within named C. D., &c., appears 
 in person (or by attorney, as the case may be) to answer the grounds of 
 objection to his election, which are stated within." 
 
 tS If upon the return day of the summons the party or parties, 
 haviii<i been duly served, shall not appear, then, on proof of such service 
 by affidavit, according to the form subjoined, the Judije sitting in 
 Chambers may, before rising on that diy, direci an entry to be made as 
 to such parly or parties as make default, on the back of the relator's 
 stati'inent, thus: "The within named C. D. (and K. F.), being duly 
 summoned, hath (or have) not apfieared to answer to the matters 
 within objected " Which entry shall be dated on the day of tho return, 
 and may be made ou any subsequent day, if omitted to be made on 
 that day. 
 
 FORM OF AFFIDAVIT OF SERVICE. 
 
 When viaile perynnalh/, ij' xerniee f-pi-cial. iind^T the \^Sth claunc of the Statute 12 
 Vtc C'ip. 81, the tijjidavit to be viodijieii accordliiylij. 
 
 (See sec. 131, ^ub-sec. 7, of the Municipal Act.) 
 
 IN TUE QUEKN's bench \0i ijOMMON PLEAS). 
 
 The Queen, on the relation of , agjainst . 
 
 , of , in the , makcth oath and saith, that he did, on the day 
 
 of , personally servo the above named defendant (or defendants) with the 
 
 annexed writ of summons, by delivering to him {or each of them) a true copy 
 thereof, on whicli said copy was endorsed a written notice, a cop}' whereof is 
 hereto annexed, and to which said copy {or copies rexpwtively) of the said writ was 
 annexed a written copy of a statement of the above named relator, a copy of 
 which said copy of statement is also hereunto annexed ; and the deponent further 
 saith, that the minute {or minutes) of the said service, written on the said writ of 
 summons, was {or were) eo written by this deponent within twentj-four hours 
 after suoh service. 
 
 Sworn at , in the County of , this day of , 18 — . 
 
 Before me . 
 
 • 
 
 O. When it shall appear to the Court or Judge that the Returning 
 
 Officer should be made a party, a writ of sumtuons shall issue to hira 
 
 in the followin, form, upon a rule of court to issue for that purpose, or 
 
 30 
 
466 
 
 THE MUNICIPAL MANUAL. 
 
 upon the fiat of the Judge, which summons shall be served with tiie 
 like papers annexed, and the service thereof proved in like manner as 
 is provided for other writs of summons, as aforesaid : and th<> party 
 served shall appear and enter his appearance within the siunc time after 
 service, and in the same manner; and in default thereof, he wiiall ])l- 
 liable to have judgment pass against him in his absence, as in the case 
 of any other defendant making a like default, and be dealt with ]>y 
 attachment, execution or otherwise, as the circumstances of the cast' 
 may require. 
 
 FORM OF WRIT OF SUMMONS TO A RETURNING OFFICER. 
 
 UPPER CANADA. 
 
 Victoria, by the Grace of God, Ac. 
 
 W!ierea8, upon the relation of , in the Conrt of Queen's Bencli (or Common 
 
 Fleas), , it hath been ordered that a writ of summons should issue to , 
 
 to show by what aathority he {or they) claims or exercises (or claim or exorcise) 
 
 the office of . And whereas it appears to our Justices of our Court of Queen'A 
 
 Bench (or Common Plea»), before whom the said writ hath been made returnable 
 {or as the case may be), that you were the Returning Officer by whom tlie said 
 
 hath {or have) been returned as duly elected to the said office, and that it is 
 
 proper }'ou should be made a party to the proceeding aforesaid ; These are there- 
 fore to summon yoo to be and appear before the Chief Justice or other Justice of 
 our Court of Queen's Bench (or Common Pleas) for Upper Canada, presiding in 
 
 Chambers, at the Judges* Chambers, in onr City of Toronto, on , then and 
 
 there to answer such matters and things as shall then and there be objected 
 against you, and further to do and receive all those things which said Court or 
 said Justice shall thereupon order concerning you in the premises. 
 
 Witness, «fec. 
 
 7. In case of default of appearance by any party summoned as 
 aforesaid, the Judge recording the same may, as to such as make defiiult, 
 proceed ex parte; and as to such as shall have appeared, as is herein 
 provided, proceed to determine the validity of the election or elections 
 complained of, and also (if so claimed) of the election of the person or 
 persons alleged to have been duly elected, and give judgment thereon ; 
 or he may, in his discretion, with or without any application for that 
 purpose, and having regard to the distance of the place where the party 
 was served, or other circumstances, appoint a further day for the 
 appearance of the party 0/ parties summoned, of which an entry shall 
 be made and signed by the Judge to the following effect, at the foot of 
 the entry of non-appearance on the back of the relator's statement : 
 
 " Whereupon a further day is given to the said , (or the said 
 
 and ,) to appear on," &c. 
 
 On which day, or as soon after aS' may be convenient, if no further 
 postponement shall be in like manner granted, the case may be heard 
 and disposed of in like manner as if the same had been determined and 
 judgment given thereon, without granting a further day for appearance. 
 
 . 
 
THE MCNIOIPAL MANUAL. 
 
 467 
 
 8. At any time before the hearin«r, any party may have copies of the 
 affidavits filed on paying for the same. 
 
 O- At the I earing the relator shall not be allowed to object : (ho 
 election of the party or parties complained against, or to support the 
 election or elections o*' the person or persons alleged to have b en duly 
 elected, on any ground not speciBed in the statement on which tlio 
 suinnions was taoved ; but it shall nevertheless be in the discretion of 
 the Judge, if he shall think fit, to entertain upon his own view of tho 
 case any sub,stannal ground of objection to or in support of the validity 
 of the election o.' either or any of the parties which may appear in the 
 evidence before Lira. 
 
 10. When the party or parties summoned has or have appeared, no 
 more formal answer need be made by him or them to the relator's 
 case, than by affidavits filed iu answer; but the Judge before whom the 
 case shall be pending may in his discretion require from either or any 
 party further affidavits, or the production of any such evidence as the 
 law allows. 
 
 11. In case of disclaimer under the statute 13 & 14 Vic. cap. 64, 
 schedule A., No. 23, the provisions therein contained, and in 8ub-provi<!»o 
 No. 6, are to be observed. (See now sec. 131, sub-sec. 12, et seq. of the 
 Municipal Act.) 
 
 IS. In case a necessity shall appear for sending an issue to be tried 
 by a jury, the writ for that purpose may he in the following form, and 
 shall issue on the fiat of the Judge directing the same, and bear date 
 on the day of its issuing : 
 
 WRIT OF TRIAL. 
 
 [L. S.] Victoria, by the Grace of God, of the United Kingdom of Great Britain 
 and Ireland, Queen, l!>efender of the Faith. 
 
 To the Judge of the County Court of the County of , 
 
 Greeting : 
 
 Whereas, upon the trial of the validity of an election of , chosen upon the 
 
 day of , to be for the Township of (or as the eate may be), in 
 
 the County of , and which electioA hath been complained of by E. F\, as the 
 
 relator, alleging {as the case may he) that he himself, or that he and 0. D,, 4c., or 
 that C. D., Ac., was or were duly elected, and ought to have been returned, it hath 
 become material to ascertain whether (here stating^ concisely the issius to be triecl); 
 
 and whereas it is desired by , our Chief Justice (or Justice) of our Court of 
 
 Queen's Bench (or Common Pleas), before whom the same iB pending, that tho 
 truth of such matters as aforesfdd may be found by a jury : We do, therefore, 
 pursuant to the statute in such cases made and provided, command you, that by 
 
 twelve good and lawful men of the County of , who are in no wise akin to 
 
 the said E. P., the relator in the said case, or to the said (the other party or par- 
 ties, naming him or them), and who shall be sworn truly to try the truth of the 
 said matters, you do proceed to try the same accordingly ; and when the jury 
 shall have given their verdict on the matters aforesaid, we command you that 
 
 I 
 
 i 
 
 1 
 
468 
 
 THE MUNICIPAL MANUAL. 
 
 Sou do forthwith make known to our snid Chii'f Jus'ico (or Jmlhe) whnt shall 
 live l>i'('M clone by virtue of tliis writ, with the findinfj of the jury hereon endorsed, 
 
 WiiiH'ss, tl»e Ilonorablu , Ciiief Justice (or ,//<.s/jVe) of our said Court, at 
 
 Toronto, thia O.iy of , In the year of our reign. 
 
 I 
 
 Cou 
 
 FORM OF ENDOIlSEMIiNT OF VERDICT THEREON. 
 
 L. M., Jud^^e of tlio 
 eame as well tiie within 
 
 .ereby certify, that on the day of , before me, 
 
 iitv Court of the County [or United Counties) of , cani( 
 
 naiiieti relator as the within named {the other party or purlieu) b> their attorneys 
 (or (ts the cane may be), and the jurors of the jury, by me duly Buinmoned as 
 within commanded, olso came, and beinj^ sworn to try the matteca within men- 
 tioned on their oath, said that, Ac. 
 
 13< When the Judge before whom any such case shall be pendiiij*, 
 shiill have detertuined the same, either ex parte in case of default, or ou 
 heariiiu; the parties, or partly ex parte and partly on hearing the parlies, 
 he shall make up and annex to the statement of the relator, and to the 
 affid ivits and other papers tiled in the case, a written jud<rinent, attested 
 by his signature, and dated on the day of the same being signed, in 
 which it shall be sufficient to state concisely the ground and ettect of 
 the judgment, which judgment may be at tjiny time amended liy the 
 same Judge, in regard to any matter of form. And the following may 
 be the form of judgment when in favour of the relator: 
 
 IN THE QIJEEN'h BENcn {or COMMON I'LEAS). 
 
 The Queen, on the relation of , against . 
 
 Be it remembered, that on the day of , in the j'ear of our Lord one 
 
 thousand eight hundred and , at the Judges' Chambers in the City of Toronto, 
 
 before me, .Chief Justice (or Juntce) of Her Majesty's Court of Queen's 
 
 Bench {or Comvinn Pitas), came as well the above named relator by , his 
 
 attorney, as the above named by hia {or their) attornej', and service of the 
 
 writ of summons hereunto annexed having been duly proved upon atHdavit, and 
 npon the said 'Jay and upon other days thereafter, at his Chambers aforesaid, 
 havinc hearc' and read the statement and proofs of the said relator, touching and 
 
 conc^'rnin'^ the usurpation by him alleged against the said of the otKce of 
 
 ^ i;, Uie said writ of summons mentioned [and {if no) the election of {the 
 
 parti/ "r parties named) thereto], and the answers and proofs of the said ; 
 
 and having heard the said parties by their counsel (or as the case may be) and upon 
 
 due consideration of all and singular the premises, now, that is to say, this 
 
 ^]^y of , in the year aforesaid, I do adjudge and determine: 
 
 Plrst — That the said relator had, at the time of his making hia aforesaid com- 
 plaint, an interest in the election to the said office of as a — . 
 
 Snc'ind— That, Ac. 
 
 7V*;ri— That, <fec. 
 
 Fourth — That the said hath (or have) usurped, and doth (or do) still usurp 
 
 the said office, and that he (or they) be removed therefrom [or that the election 
 
 of . to the said office was void, and that he (or they) be removed therefrom 
 
 (as the judgment may be)} : And that the said relator (or the said [namiuj/ the 
 partif or parties whose elediun is affirmed, when he or they are adjudged to be 
 entitled to the said office] was (or were) duly elected thereto, and ought to have 
 heen returned, and is (or are) entitled in law to be received into, and to use. 
 
 .- 
 
THE MUNICIPAL MANUAL. 
 
 409 
 
 i- 
 
 exercise and enjoy tho said office: And I do adjud^re and dctorniino that tin- said 
 
 (Jo not in any manner concern liiniBcIf {or themHfives) in or about IIk^ hiiiU 
 
 office, but that be (or they) be absolutely forejudged and excluded from furtlior 
 U8in<>: or exercising tho same, under pretence of the said election [and furllur. tliiit 
 tlie said (naming the relatur or partien whine election in affirmed) be (or be rexjuvtinly) 
 admitted to the said office in hia (or flieir) place or places] ; And I do further 
 order, adjudge and determine, that the said relator do recover against the said 
 his costs and charges by him in and about the said relation and the prose- 
 cution thereof expended, to be taxed in the said Court. 
 
 All which the said writ of summons, and the said judgment, and the statemi'nts, 
 
 answers and proofs of the said relator and of the said , and all other tilings 
 
 had before mo touching the same, I do hereby certify and deliver into the said 
 Court, according to the form of tho statute in auuh case made and provided. 
 
 E. F., J. 
 
 And the following^ may be the conclusion of a judgment for the 
 defendant, to follow the word uffidavit, in the foregoing form : 
 
 Thereupon now at this day, that is to say, on th« day of aforesaid, 
 
 at tile Judges' Chambers, at Toronto aforesaid, all and singular tho relation and 
 
 proofs of the said relator, ond the answers and proofs of tho said being seen 
 
 and fully understood, I do consider and adjudge that the said office of so 
 
 claimed by him (or them) the said be allowed and adjudged to him (or f/icin) 
 
 that the said be dismissed and discharged of and from the premises aliovc 
 
 charged upon him (or them) and also that he (or they) the said do recover 
 
 against the said relator his (or their) costs by him, (or them riHpectively) laid out 
 and expended in defending himself (or themselves) in this behalf. All whicii &.Q. 
 (as in th' jwigmentfor the relator). 
 
 When the returning ofiBcer is made a party, the judgment to be 
 modified accordingly. 
 
 14. When the judgment of the Judge in Chambers shall have 
 been returned into court according to the statutes, and after the ond of 
 four days after such return, and if no rule shall have been granted to 
 eet aside or amend the judgment, the relator or person (or persons) in 
 whose favour the judgment shall have been given, shall be at liberty to 
 tax his or their costs, and the following entry shall be made under or 
 upon the record of the judgment, after which execution may issue : — 
 
 •' Afterwards, that is to say, on tlie day of , in the year of the 
 
 s-eign of our Lady the Queen, corieth the said , and prayeth that his (or 
 
 thirir) said costs, so as aforesaid adjudged to him (or them),oe taxed and assessed 
 according to the form of the str.tute in such case made and provided, and the 
 said costs of the said ——, in and about hia (or their) prosecution (or defence) 
 
 aforesaid, and [{when the Bctuming Officer is a party) of the said , in and 
 
 about his defence aforesaid], so aa aforesaid adjudged to him (or them), are now 
 here accordingly taxed andf assessed aa follows, that is to aay, the coats of the 
 
 said at the f;um of [and the costs of the said (when Returning 
 
 Officer entitled fJi^reto), at the sum of ], and the said , in mercy, die." 
 
 15. Tho writs of certiorari and mandamus which it may become 
 necessary to issue in any such case, will be in the common form of such 
 writs, th<i command therein contained being suited to the circumstances 
 of each case, and^ when applicable, the following form may be used: 
 
470 
 
 THE MUNIOII'AL MANUAL, 
 
 FORM OF A WRIT OF MANDAMns, 
 
 To remove the person (i>r perMttx, heing leu* than the whole nmher of mmih'rg of 
 an// Municipal Corporation) whose eleetion in adjwhjed invalid, and to ndiui th$ 
 perxon or per torn adjudged lawfully electtd, 
 
 Victorift, Ac. 
 
 To the Municipal Corporation of {the town, towunh'ip, or city.) 
 
 Whereas on the day of in the jear of our Lord one tlioUHand light 
 
 hundred and at the Judj^es' Chambers, in tlie City of Toronto, before 
 
 Cl>ief Justice {or one of the Jitstcen) of our Court of tjueen's Rencli (or umiiion 
 Plens) for Upper Canada, it was by the said Cliief Justice {or Juntice) n(ljud|ti;ed 
 
 and determined that of liad usurped, and did then usurp, the oHice of 
 
 [and that was {or were) duly elected tiierelo, and ou^ht to liave ln'on 
 
 returned, and was {or were) entitled in law to be received into, and to use, excici.io 
 and enjoy the said otlice], all which has by the saic) Chief Justice [or Justice) 
 been duly certified into our Court of Queen's Bench (-r ' omm n I'lenn), imrsiiant 
 to the statute in that beiialf. Now, we beirii; willinjr that speedy justice l)e done 
 in this behalf, as it is reasonable, command that the said {the peril m or pcrxnm, 
 nnming him or them, lehnne election hun been declared innaiid) do not in any iiiannar 
 concern himself (or themselven) in or about the said office, but that he (or th y) be 
 absolutely forejudged, removed and excludevi from further using or exerciwini; the 
 same, umler pretence of his {or their) election thereto.* [And we do further 
 command that the said {the person or persons, nam vg him or them, who han or had 
 been adjudged lawfully elected) be forthwith admitted, received and sworn into the 
 gaid office, to use, exercise and enjoy the same 1 And we do hereby command 
 you and every of you to obey, observe, and do all and every act, mutter and thing 
 that may be necessary, on the part of you or any of you in the premises accord- 
 iug to the purport, true intent and meaning of these presents, and of the statutes 
 in that behalf, and that yon make known to our Court of Queen's Bench {or Com- 
 mon Pleas) at Toronto, on the day of how this writ shall have been 
 
 executed. 
 
 Witness, Ac. 
 
 FORM OF A WRIT OF MANDAMUS, 
 
 When neither the electi»n of the person or persons {less than the who'e numher of 
 members of the Municipal Corporation) who has {or have) been returned , norths 
 person or persons claimed to be returned is {or are) held valid, and for a new 
 election, 
 
 Victoria, Ac. 
 
 To the Municipal Corporation of and to any returning officer or other 
 
 person or persons to whom it shall of right belong to do any act necessary to he- 
 done, touching the election hereinafter commanded to be held : 
 
 Whereas {at in the last precedent to the euferitk, omitting the part between brnrlets, 
 and then proceed as follows r) and we do further command that you, the said Muni- 
 cipal Corporatioa, and any Returning Officer or other person or persons, or such 
 of you to whom the same shall of right belong, that yon do, pursuant to and 
 according to the statute in that behalf, cause an election to be as spe(Klily held 
 as sliall be lawful, for the election of a person {or jxrsons) in the place or stead of 
 
 the said who has (or have) been removed as aforesaid ; and that you. or such 
 
 of you to whom the same doth of right belong, do administer to the person (or 
 persons) who shall be so elected, the oath ('<r oaths) if any. in that behalf by law 
 directed ; and that you admit, or cause to be admitted, such person (or p' r.w«») 
 so elected into the said office, and that you, th© said Municipal Corporation, d» 
 
THE MUNICIPAL MANUAL. 
 
 471 
 
 
 nhnw how thia writ shall havo beun exocutod to our Court of Queen's Bunch {or 
 
 Common Plfan), at Toronto, on the day of . 
 
 Witness, Ac. 
 
 FORM OF A WRIT OF MANDAMUS, 
 
 iJirccted to the Sheriff, cohere the elections of all the memherit of any Municipal Cor- 
 poration have Itrcn adjudged invalid, and for the admiMton of those adjudged to 
 have been legally thrtfd, 
 
 Victoria, Ac. 
 
 To tiio SlieriflF of the County (or United Countien) of , Greeting: 
 
 Whereas (the snn : at in the first prfnlcnt of a mawlim'U, to the end of thewordt. 
 "adjudged and <!■ rimned," then «■•/) that the election (^or elcetiont) of all the 
 
 members of tlie Municipal Oorjonition of , returned as elected at the election 
 
 {or electiow) of members o. :,he said corporation held {detcribing the tinu or timet 
 <iiid place or places of Kuch dection [or elections]) was (or were) invalid or void in 
 liiw, and that (naming tlum all) had usurped (proceeding as in the first p' ecedent, 
 adopting the plural form, to the aaterisk, and then, as follows:) and we do hereby 
 further command you, the said Sheriff, thnt you do, pursuant to the statute in 
 that behalf, admit and return and sweir into, or cause the said (nammg tht per'-itn 
 adjudffed to have been duty elected ) to be forthwith admitted or returned, nml sworn 
 into the said office, to use, exercise and enjoy the siime, and that you do and per- 
 form, or cause to be done ana performed, all and every act or acts, thing or things 
 necessary to be done and performed in the premises : and we hereby command 
 and strictly enjoin nil and every person or persons to whom.lhe same shall lawfully 
 belong, to be aiding and assisting you, and to do all and every lawful and neces- 
 hnry act to be done by him or them in the premises, according to the purport, 
 true intent and meaning of these presents, and of the statutes in that behalf; and 
 how you shall have executed tins writ make known to our Court of Queen's 
 
 Hcnch or Common Pleas, at Toronto, on the day of next, and havo then 
 
 there this writ. 
 
 Witness, Ac. 
 
 FORM OF A MANDAMUS, 
 
 To the Sheriff, when the elections of all the menders of auy Municipal Corporation 
 have been adjudged invalid, and requiring others to be elated. 
 
 Victoria, Ac. 
 
 To the Sheriff, Ac, i'cm in tfte last precedent to the asterisk, omitting the part be- 
 tween brackets, and adopting the plural form, then concluding as follows :) and that 
 3'ou do every act necessary to be done by you in order to the due election and 
 tidmission of members of the said corporation, in the place and stead of the persons 
 whose elections have been so declared invulid ; and wo hereby command, and 
 strictly enjoin all and every person and persona {continuing as in the last precedent 
 iu the end.) 
 
 Witness, Ac. 
 
 The furtn of writs of execution for costs in any such case may be as 
 follows : — 
 
 FI. FA. AGAINST DEFENDANT FOR RELATOR'S COSTS. 
 
 UPPEa CANADA. 
 
 Victoria, Ac. 
 
 To the Sheriff of the County of , Greeting : 
 
 We command you, that you levy or cause to be levied, of the goods and chattels 
 of C. D., late of , [add the description of tJie Returning Officer, where the 
 
 
472 
 
 THE MUNICIPAL MAN HAL, 
 
 Ji 
 
 txeoit'ion la against him] the sum of , which hath been lately adjudged to 
 
 A. B. of , in our Court of Queen's Bench {or Common Plean), at Toronto, 
 
 according to the form of the statute in such case made and provided, for his costs 
 by him laid oat and expended in the prosecuting of a certain writ of summons in 
 the nature of a quo warranto, issued out of our said Court against - , nt the 
 
 relation of the eaid A. B., for usurping the office of , in our , of , in 
 
 your county, [add, when the Rehiming Officer «s a /)ar<f/, " to which prcceediiig 
 
 the said was made a party,"] and whereof the said C. D. [Ac] is convicted, 
 
 as in our said court appears of record, and that you have that money before our 
 
 Court of Queen's Bench {or Common Pleax), at Toronto, on the day of 
 
 Term, to satisfy the said A. B. for his costs aforesaid, and have you tlien there 
 this writ. 
 Witness, Ac. 
 
 FI. FA. AGAINST THE RELATOR FOR'TIIE DEFENDANT'S COSTS. 
 
 UPPER CANADA. 
 
 Victoria, Ac. 
 
 To tlie Sheriff of the County {or United Counties) of , Greeting : 
 
 We command you, that you levy, or cause to be levied, of the goods and chattels 
 
 of A. B., late of , the sum of , which hath lately been adjuili^wl to ('. D. 
 
 of in our Court of Queen's Bench {or Comnvm Pleas), at Toronto, according 
 
 to the form of the statute in such case made and provided, for his costs by liim 
 laid out and expended in his defence upon a curtain writ of !~ummons in tixt nature 
 of a quo warranto, issued out of our said court against the said C. I)., upon the 
 
 relation of the said A. B., for usurping the office of in our of in 
 
 your County {or Counties). [Jf the lietuming Offuiv has been made a jxiriii, add 
 litre, "to which proceeding E. F., the Returning (.)fficer, at the elcttion of thi- 
 said C. D. to the said office, was made a partj',") whereof the said .'\. IS. is con- 
 victed as in our Bftid court appears of record; and that yon have tliat money 
 
 before our said court, at Toronto, on the day of Term, to aatisfy the 
 
 said 0. D. for his costs aforesaid, and have yon then there this writ. 
 
 Witness, Ac. 
 
 N.B. — When the Returning Officer has heen made a ptirtt/, and /.•» 
 mtitled to costSy the fieri facias must be framrd accordlnijli/. 
 
 16- Contempts in disobeying writs of suniu)ons, certiorari, iiianOa- 
 mus, or other process, rule or order of either court, or of iiny judge 
 thereof acting in the execution of the powers conferred by tlie statutes 
 12 Vic. ch. 81, and 13 & 14 Vic. ch. (U, are to be certiOed into the 
 court from which the writ of summons i.s^ued, to be dealt with like 
 other contempts of such court in other cases. 
 
 17. If any of the forms given in the foregoing rules .shall not be 
 found adapted to a case which may arit-e in reference to vtroceedings 
 connected with or resulting from the trial of the validity of inunieipal 
 elections, changes are to be made therein when necessary, at the discre- 
 tion of the judge who shall try and deteruiiue the case, to adapt the 
 same to such particular case. 
 
 18. None of the proceedings which shall be had in any case for 
 trying the validity of au}- election, or which shall follow the determinu- 
 
 
 ii 
 
THE MUNICIPAL MANUAL. 
 
 4 're 
 to 
 
 to 
 
 to, 
 
 tH 
 
 ill 
 he 
 in 
 
 tion thereof, sliall be sot aside or held void on account of any ine<:ularity 
 or defect, which sh:dl not in the opinion of the court or jud<re before 
 whom tlie objection is made, be deemed such as to interfere with the 
 just trial and adjudication of the case upon the merits. 
 
 19. Ooxls. — The same table as authorized by the fifteenth rule of 
 Hilary Term last and any disbursements necessarily made, and not 
 allowed fur in the said table, may be taxed according to the table of 
 fet'S srene rally established in the court in which the proceedings shall be 
 conducted. 
 
 Jno. B. Robinson, C.J. 
 
 J. B Macaulay, C.J. C.P. 
 
 A. McLean, J. 
 
 Wm. H. Draper, J. 
 
 R. B. Sullivan, J. 
 
 Robert Burns, J. 
 
 The costs which will be taxable under the foregoing orders may be 
 stated as follows : — 
 
 ATTORNKY. 
 
 £ B. d. 
 
 hiatmctifins — To apply for a writ of summons or defend against 5 
 
 Stntcrneitt — Of tlie grounds of complaint, induding fair copy 5 
 
 Affidavit!^ — Wlietiicr special or common, per folio of 100 words, and 
 
 .•oj>i('s thereof when necessary 6 
 
 Jiecoffnizniice — Drawing 2 fi 
 
 Atfoidtnnrs, Special — at Chambers, for writ of summons, to serve writ, 
 
 upon ;he argument, or to hear judgment 2 tt 
 
 Attoulniirx, Common — all other attendances not mentioned as special, 
 
 eacli 1 S 
 
 Wrltii — Preparing writ of summons, writ of certiorari, mandamus, trial 
 
 or writ of execution each 2 6 
 
 Fee oil eaeli writ 6 
 
 Notices — Indorsement on writ of summons, every other indorsement 
 upon writ, when required to be made, aad all common notices, 
 each 1 3 
 
 Copies — Of statement or other papers and documents, when required to 
 be made or served, half the amount allowed for the original, and 
 when no specific sum is allowed, then copies of papers required, or 
 whicli may be directed to bo made, furnished or served, to be 
 allowed per folio Of lOO words 6 
 
 Insues — When directed to be tried, preparing same 6 
 
 DisbunemnitH — Postages actually paid, mileage where it is necessary 
 to enii)loy parties to servo writs, papers, «fec., the actual number 
 of miles travelled to perform the service, per mile 6 
 
 The afiidavit must state tlie number of miles actually travelled, and 
 also that the charge has been paid. 
 
 N.li. — No instructions to bo allowed nor attendances to swear affida- 
 vits. No instructions to be allowed for briefs or charge for briefs. . 
 
474 
 
 THE MUNICIPAL MANUAL. 
 
 COUNSEL. 
 
 Fee — For argument upon the returi of the writ of summons, if argued 
 
 by counsel 1 5 
 
 To be increased at the discretion of the judge, according to the im- 
 portance of the case. 
 
 i^ee— Upon the trial of issues upon writ of trial at the County Court. ,. 1 10 
 
 CLERKS OF TBB OROWN AND FLKAS AND THEIR DEPUTIES. 
 
 For taking recognizance ^ 
 
 For signing and sealing each writ 1 
 
 For each order or rule of court 2 
 
 For filing each paper 
 
 Copies of papers, per folio of 100 words 
 
 COMMISSIONER. 
 
 For taking recognizance 2 
 
 Swearing each affidavit 1 
 
 CLERK IN OBAMBERS. 
 
 For each fiat granted by a judge for a writ 1 
 
 For filling each paper 
 
 For making up each final judgment of the judge and returning the same 
 
 into court , •> 
 
 Copies of papers, per Tolio of 1 00 words 
 
 Witnesses, jurors, sheriff and other officers, the same fees and allow- 
 ances aa for similar services at Nisi Prius, and in the Courts of 
 Queen's Bunch and Common Pleas. 
 
 
 6 
 
 . 
 

 
 
 6 
 3 
 6 
 4 
 6 
 
 6 
 
 
 APPENDIX. 
 
 
 6 
 
 CONSOLIDATED STATUTES OF CANADA. 
 
 CBAPTER XXXVIII. 
 
 AN ACT RESPECTING THE PRESEUVATION OF THE PUBLIC 
 
 HEALTH. 
 
 Her Majesty, by and with the advice and coDsent of the 
 Legislative Council and Assembly of Canada, enacts as follows: 
 
 1. Whenever this Province, or any part thereof, or place 
 therein, appears to be threatened with any formidable epidemic, 
 endemic or contacjious disease, the Governor may, by Procla- 
 mation, to be by him from time to time issued, by and with 
 the advice and consent of the Executive Council, declare this 
 Act to be in force in this Province, or in any part thereof, or 
 place therein, mentioned in such Proclamation ; and it shall 
 thereupon be in force accordingly ; and the Governor may in 
 like manner from time to time, as to all or / of the parts or 
 places to which any such Proclamation extends, revoke or 
 renew any such Proclamation ; and, subject to revocation and 
 renewal as aforesaid, every such Proclamation shall have effect 
 for six months, or for any shorter period in such Proclamation 
 expressed. 12 Vic. cap. 8, sec. 1. 
 
 2. Upon the issuing of any such Proclamation, and whilst 
 the same is in force, the first, second, third and sixth sections 
 of the fifty-ninth chapter of the Consolidated Statutes for 
 Upper Canada, intituled. An Act respecting the Public Health, 
 and so much of tl.d fifth section thereof as provides for the 
 trial and punishment of any person accused of wilfully diso- 
 beying or resisting any lawful order of any Health officers 
 acting under the said Act, or of wilfully resisting or obstruct- 
 ing such Health officers in the execution of their duties, shall 
 be suspended as to every place mentioned in Euch Proclama- 
 tion, or being within any part of this Province included 
 thereby ; but any person accused of having wilfully disobeyed 
 or resisted such order, or resisted or obstructed such officer, 
 before the issuing of the Proclamation, may nevertheless be 
 tried and dealt with as if such Proclamation had not been 
 issued. 12 Vic. cap. 8, sec. 2. 
 
 This Act to 
 he put la 
 force tempo* 
 rarllv by 
 proclama. 
 tiiin, wheo 
 the ProTinc* 
 isthreatened 
 witli any 
 formidable 
 epidemic. 
 
 Pnrt« of cap. 
 69 of Con. 
 8tat.of U.C. 
 suspended in 
 part as to 
 places affect- 
 ed by sncli 
 proclama- 
 tion. 
 
4-70 
 
 THE MUNICIPAL MANUAL. 
 
 A ft iT Issuing 
 Hiioli Pioclt- 
 iniktioii, thti 
 (iovernor 
 IIHV Hppoint 
 n CViitr«l 
 Hoard of 
 Iloatth. 
 
 Duration of 
 mich Com- 
 misftlon. 
 
 Chief Muni, 
 elfwl officer 
 (if evory 
 place affrtct- 
 cj l»y snch 
 ))roii:tma- 
 linn to talce 
 sli'ps fitr I'OQ- 
 Hritiitin^ a 
 l,ncill H"nrd 
 ofllealtli. 
 
 Sppi'lai tneef- 
 it'- for thflr 
 election to 
 bt) calU'd 
 witliJD tt oer- 
 taiu time 
 alter wriltHn 
 requisitliin 
 from iulmbl- 
 tant bousu- 
 holders. 
 
 If 110 mH«t- 
 ioj! called 
 within the 
 prea.'ribed 
 time. Oov- 
 t'rnor may 
 appoint 
 liociil It'>ard. 
 
 !2. From time to time after the i.ssuinn; of any such Procla- 
 mation, and whilst it is in force, the Governor may, by com- 
 mission under his hand and seal, appoint five or more persons 
 to he " The Central Board of Health," and also such officers 
 and servants as he deems necessary to assist the Hoard ; and 
 the powers and duties of the said Board may he exercised 
 and executed by any three members thereof; and during any 
 vacancy in the said Board, the continuing members or mertiber 
 may act as if no vacancy had occurred. 
 
 2. And every such commission shall ipso farto be deter- 
 mined % the revocation of the Proclamation under which it 
 issued, as to all the places included in such Proclamation, or 
 by the expiration of six months from the date of such Procla- 
 mation, or of any shorter period expressed in suali Proclama- 
 tion, as that during which it is to bo in force; unless such 
 Proclamation be renewed as to all or some of such parts and 
 places. \'l Vic. cap 8, sec. 3. 
 
 4:- From time to time, while any such Proclamatinn is in 
 force, the Mayor or other head of the Municipal Corpunition, 
 Inspecting Trustee or other chief Municipal officer, of any and 
 every place mentioned in such Proclamation, or included 
 thereby, may call a special meetin<r of the Council or other 
 Municipal Corporation, or of the Police Trustees of such place, 
 over which he presides, for the purpose of noiiiiri!itint>'. and 
 such Municipal Corporation or Police Trustees shall nominate 
 accordingly not less than three persons, resident within the 
 limits of their respective jurisdictions (or in the case of a 
 City, Town or Village within seven miles thereof), to be 
 " The Local Board of Health " fur such place : 
 
 2. And such Mayor, or other head of such Municipal Cor- 
 poration, Inspecting Trustee, or other chief Municipal officer, 
 shall call such special meeting within two days froin tlie 
 receipt of a written requisition to that effect, signed by ten ,r 
 more inhabitant householders of the place under the jurisdic- 
 tion of the body over which he presides, on pain of being 
 personally liable to the penalty hereinafter mentioned ; and if 
 at any time while any such Proclamation is in force, it is cer- 
 tified to the Governor by any ten or more inhabitant house- 
 holders of any place included in such Proclaniiition, that the 
 Mayor or other head of such Municipal Corpoiiitinn, or 
 Inspecting Trustee, or other chief Municipal (dtitier of such 
 place, has failed to comply with such requisition, within such 
 time as aforesaid, the Governor-in-Counoil may forthwith 
 appoint not les-s than three persons resident within the limits 
 
TUE MUNICIPAL MANUAL. 
 
 477 
 
 of such place (or in the case of a City, Town or Viilnpe, 
 within seven miles thereof,) to be the Local Board of Health 
 for such place. 
 
 3. Kvery nomination or appointment of a Loca] Honrd of 
 Health, under this Act, shall ip>io facto be determined by the 
 revocation, as to the place within the limits of which pjori 
 Local Hoard is authorized to act, or as to any place in which 
 it is included, or as to the whole Province, of the Procluma- 
 tion under which such Local Board was appointed, or by the 
 expiratiitn of six months from the dale of such Proclamation, 
 or of any shorter period expressed in such Proclamation as 
 that durinp which it is to be in force ; unless such Proclama- 
 tion be renewed as to such place, or any place in which it is 
 included, or as to tho whole Province. 12 Vic. cap. 8, sec. 4. 
 
 5- The Central Board of Health, or any three or more 
 members thereof, may Irom time to time i.«sue such re<:ulatiiins 
 as they think fit, for the prevention, as far as pot^sible, or the 
 mitifiation of such epidemic, endemic or contajiiuus di^Ofises, 
 and may revoke, renew or alter any such regulations, or sub- 
 stitute such new regulations as to them or any three of them 
 appear expedient. 
 
 2. The said Board may by such regulations provide for the 
 frequent and effectual cleansing of streets, by the Surveyors 
 or Overseers of Highways, and others intrusted with the care 
 and management thereof, or by the owners or occupiers of 
 houses and tenements adjoining thereto; and for theclefiiisiug, 
 purifying, ventilating and disinfecting of houses, dwellings, 
 churches, buildings and places of assembly by the owners and 
 occupiers, and persons having tlie care and ordering thereof; 
 for the removal of nuisances, for the speedy interment of the 
 dead, and generally for preventing or mitigating such epide- 
 mic, endemic or contagious diseases, in such manner as to the 
 said Central Board seems expedient. 
 
 3. The said Central Board may, by any such regulations, 
 authorize and require the Local Boards of Health to superin- 
 tend and see to the execution of any such regulations, and 
 (where it appears that there may be defiiult or delay in the 
 execution thereof, by want or neglect of such Surveyors or 
 others intrusted as aforesaid, or by reason of poverty of occu- 
 piers, or otherwise), to execute or aid in executing the same 
 within their respective limits, and to provide fir the dispensing 
 of medicines, and for affording to persons afflicted by or threa- 
 tened with such epidemic, endemic or contagious diseases, 
 
 Duinttnn of 
 Loral DourJ. 
 
 Cintral 
 U( aid of 
 llcaltti may 
 (■iHUf reKulu- 
 tioiiK iiiid 
 tlirectloiisfor 
 tlin prevfU- 
 '.ion or niiti- 
 ).'Rtiou of diii- 
 
 C'UHtl. 
 
 Tenor of 
 mi-h rcsulii- 
 tions mid 
 directUiDH. 
 
 CPiitrnl 
 Uoiird msy 
 Hiithorizo 
 anil require 
 LiiohI lioardt 
 to sufM-rln- 
 tend ai'dcee 
 tolheexecu- 
 tiim i>f Kuch 
 icjrnlHtioiiy. 
 
 
 ! 
 
478 
 
 THE MUNICIPAL MANUAL. 
 
 I 
 
 They may 
 extend to 
 authorize 
 the removal 
 of parties 
 from their 
 dwelliiigR 
 under cer- 
 tain circum- 
 Rtancei, and 
 placing them 
 in Bhede or 
 tenti. 
 
 To what 
 places them 
 rogulationB 
 •hall extend. 
 
 And how 
 long they 
 shall conti- 
 nue ia force. 
 
 such mediual aid as maj be required, and to do and provide 
 all such acta, matters and things as are neces^rj for superin- 
 tending or aiding in the execution of such regulations, or for 
 executing the same, as the case may require. 
 
 4. The said Central Board of Health may also, by any such 
 regulations, authorize and require the Local Boards of Health, 
 in all cases in which diseases of a malignant and fatal charac- 
 ter are discovered to exist in any dwelling-house or out-house, 
 temporarily occupied as a dwelling, situated in an unhealthy 
 or crowded locality, or being in a neglected or filthy state, in 
 the exercise of a sound discretion, and at the proper costs and 
 charges of such Local Boards of Health, to compel the inhabi- 
 tants of any such dwelling-house or out-house to remove 
 therefrom, and to place th m in sheds or tents, or other good 
 Khelter, in some more salubrious .situation, until measures can 
 be taken, by and under the directions of the Local Boards of 
 Health, for the immediate cleansing, ventilation, purification 
 and disinfection of the said dwelling-house or out-house. 
 
 5. And the directions and regulations to be issued as afore- 
 said, shall extend to all parts or places in which this Act shall 
 for the time being be in force under any such Proclamation as 
 aforesaid, unless such regulations be expressly confined tc 
 some of such parts or places, and then to such parts or places 
 as in such directions and regulations shall be specified, and 
 (subject to the power of revocation and alteration herein con- 
 tained), shall continue in force so long as this Act shall be in 
 force under such Hroclamation, in the parts or places to which 
 such regulations extend. 12 Vic. cap. 8, sec. 5. 
 
 Members of 
 Loral Boards 
 of HnHlth to 
 he railed 
 Health 
 Officers. 
 
 And may 
 enter dwel- 
 lings in cer- 
 tain cases. 
 
 ..,! T^oards of Health shall 
 yo or more of them actine 
 
 And may 
 call for assis- 
 tance to en- 
 force obedi- 
 
 G. The members of the sal ' 
 be called Health Ofiiccrs, um! .. 
 in the execution of any .s'icl- vguiatjons as aforesaid, at 
 reasonable times in the day ;, may enter and inspect any 
 dwelling or premises, if there be ground for believing that 
 any person has recently died of any such epidemic, endemic, 
 or contagious disease, in such dwelling or premises, or that 
 there is any filth or uther matter dangerous to health therein 
 or thereupon, or that necessity otherwise exists for executing, 
 in relation to such dwelling or premises, all or any of such 
 regulations as aforesaid 
 
 2. And in case the owner or occupier of any such dwelling 
 or premises nejrlects or refuses to obey the orders given by 
 such Health Officers, in pursuance of such regulations, such 
 Hefilth Officers may call to their assistance all Constables and 
 
THE MUNICIPAL MANUAL. 
 
 479 
 
 ExpennpB of 
 Central 
 Board to be 
 defrnyrd by 
 the I'roviiK'e 
 
 ThoKa of 
 Local Board* 
 
 by the n-s- 
 pMllvo Vict)- 
 Hies. 
 
 Peace Officers, and such other persons as they think fit, and enm to their 
 may enter into such dwelling or prenjises, and execute or I'nlljersary? 
 cause to be executed therein such regulations, and remove 
 therefrom and destroy whatsoever, in purnuance of such regu* 
 lations, it is necessary to remove and destroy for the preserva- 
 tion of the public health. 12 Vic. cap. 8, seo. 6. 
 
 7- The expenses incurred by the said Central Board of 
 Health shall be defrayed ont of any moneys appropriated by 
 the Provincial Parliament for that purpose; and the expenses 
 incurred by the said Local Boards of Health in the execution 
 or in superintending the execution of the regulations of the 
 Central Board, shall be defrayed and provided for in the same 
 manner and by the same means as expenses incurred by the 
 Municipal Corporations, Councils, or other Municipal bodies 
 of or having jurisdiction over the respective places for which 
 such Local Boards of Health were appointed then, are by law 
 required to be defrayed and provided for. 12 Vic. c. 8, s. 7. 
 
 8- No direction or regulation of the said Central Board of 
 Health shall have any force or effect until it has been confirmed 
 by the Governor-in-Council, and has thereafler been published 
 in the Canada Gazette; and every Proclamation of the 
 Governor-in-Council, under this Act, shall also be published 
 in the Canada Gazette ; and such publication of any such 
 Proclamation or regulation shall be conclusive evidence of the 
 Proclamation or regulation so published, and of the confirma- 
 tion of such regulation as aforesaid, and of the dates thereof 
 respectively, to all intents and purposes; and every such 
 Proclamation and regulation shall forthwith, upon the issuing 
 thereof, be laid before both Houses of the Provincial Parlia- 
 ment, if it be then sitting, and if not, then within the four- 
 teen days next after the commencement of the then next 
 session of Parliament. 12 Vic. cap. 8, sec. 8. 
 
 9. Upon the publication of any such regulations as afore- 
 said, and whilst they continue in force, all By-laws made by 
 the Town Council, Municipal Corporation, or other like body 
 of any place to which such regulations or any of them relate, 
 made for preserving the inhabitants thereof from contagious 
 diseases, or for any other of the purposes for which such regu- 
 lations are by this Act required to be issued, shall become and 
 be suspended. 
 
 2. And upon the appointment, and during the existence of 
 a Local Board of Health, under this Act, for any such place, 
 any Board of Health or Health Officer, or other like officer, 
 
 Recu lilt inns 
 of Central 
 Board to be 
 sanctioned 
 by tbe 
 Governor, 
 and publleh- 
 ed in the 
 Canada 
 Gazette. 
 Publication 
 to be evi- 
 dence of 
 sanction, tc. 
 
 Proclama- 
 tionfi, Ac, 
 under tliia 
 Act to be 
 laid before 
 Parliament. 
 
 Local By- 
 Ihwh on tbe 
 Milject of 
 health to K< 
 eu^pended 
 while 8uch 
 regulationa 
 continue in 
 force. 
 
 Also, Boards 
 of Health or 
 Health Offl- 
 
480 
 
 THE MUNICIPAL MANUAL. 
 
 cer« under 
 Ruch Itv- 
 lawii, &R. 
 
 IVtialty on 
 per^ODS 
 oliHtructinj; 
 the exi'cii- 
 tion ofttiiM 
 Art, or nfu8- 
 ing to roni- 
 ply with It8 
 THjuiro- 
 ini'iit^. or 
 with tliM 
 ri'j!"liiii"iis 
 of till- (Vu- 
 trill Board 
 of Health. 
 
 To be rero- 
 veri'd l)ff iro 
 two.lusticeH, 
 
 Who mav 
 oonimlt the 
 olToiidi'i- to 
 paol in Cer- 
 tain case8. 
 
 App'i'-ri'ii'n^ 
 of pcuaitieu. 
 
 Oprlifrnri. 
 taken awny. 
 
 or any Cctmnittee appoioted under any such by-law, shall be 
 and remain deprived and relieved ut' all powers, uutliuriiies 
 and duties cout'erred and impoHed upon him or thetn by any 
 such by-law J but in any interval between the issuiiijj of such 
 re<;ulatiuns and the appointment uf such Local Hoard of 
 Health, ho or they shall exercise and perform such powers, 
 authorities and duties, in conformiry with such regulations, 
 and shall act in every respect as if he or they wore a Lical 
 Board of Health appointed under this Act. 12 Vic. c. 8, si 9. 
 
 10. Whosoever wilfully obstructs any person actinj? under 
 the authority or employed in the execution of this Act, or 
 wilfully violates any re<julation issued by the Central Hoard of 
 Health under this Act, or neglects or refuses to comply with 
 such regulation^, or with the requirements of this Act in any 
 matter whatsoever, shall be liable, for every such offence, to a 
 penalty not exceeding twenty dollars, to be recovered by any 
 person before any two Justices, and to be levied by distress 
 and sale of the goods and cliaticls of the offender, with the 
 costs of such distress and sale, by warrant under the hands 
 and seals of the .Justices before whom the same are recovered, 
 or any other two Justices; and if it appears to the satisfaction 
 of such Justices, before or after the issuing of such warrant, 
 either by the confession of the offender or otherwise, that he 
 hath not goods and chattels within their jurisdiction sufficient 
 to satisfy the amount, they may commit him to any Gaol or 
 House of Correction for any time not exceeding fourloeii days, 
 unless the amount b»! sooner paid, in the same manner as if a 
 warrant of distress had issued, and a return ui' rnt/la (i-'wi hud 
 been made thereon. 12 Vic. cap. 8, sec. 10 — pmt. 
 
 11. All penalties whatever recovered under this Act shall 
 be paid to the Treasuier, and applied in aid of the rates or 
 funds, of the place in which such penalties have been incurred 
 respectively; and all offences committed against this Act, 
 while the same is in force in this Province, or in any part 
 thereof, shall be prosecuted, and the parties committing the 
 same convicted and punished therefor, as herein provided, as 
 Well after as during the time that this Act shall be declared to 
 be in force in or by any such Proclamation or Proclamations 
 as aforesaid. 12 Vic. cap. 8, sec. 10. 
 
 t2. No order, nor any other proceeding, matter or thing, 
 done or transacted in or relating to the execution of this Act, 
 shall be vacated, quashed or set aside for want of form, or be 
 removed or removable by vcHiorarl, or other writ or process 
 
 ^ 
 
THE MUNICIPAL MANUAL. 
 
 481 
 
 7 
 
 whatsoever, i.to any of the Super! jr Courts in this Province. 
 12 Vic. cup. 8, sec. 11. 
 
 13. In this Act, the following words and expressions shall interpreta- 
 have the meanings hereinafter assigned to them, unless such "^n Cordis, 
 meanings be repugnant to or inconsistent with the context, 
 that is to say : the words ** two Justices " shall mean two or 
 more Justices of the Peace acting for the place where the 
 matter or any part of the matter requiring the cognizance of 
 such two Justices arises, assembled or acting together; the 
 word "place" shall mean a City, Town, Borough, Village, 
 Township, Parish, or any other territorial division recognized 
 or designated by law as a separate Municipality or Municipal 
 Division; the word "street" shall include every highway, 
 road, square, row, lane, mews, court, alley and passage, whether 
 a thoroughfare or not. 12 Vie. cap. 8, sec. 12. 
 
 ll 
 
 CON. STAT. CAN.— CHAPTER till. 
 AN ACT RESPECTING CERTAIN WEIGHTS AND MEASURES. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 1. The hundred-weight for weighing all goods, wares and 
 other commodities whatsoever, sold by the hundred-weight 
 or ton-weight in this Province, shall consist of one hundred 
 pounds avoirdupois, and not of one hundred and twelve pounds, 
 as before the fourth day of May, 1859 ; and the ton-weight 
 used for the said purposes shall consist of twenty hundred- 
 weights, as hereinabove established, or of two thousand pounds 
 avoirdupois, and not of two thousand two hundred and forty 
 pounds, as before the said day ; and the said hundred-weight 
 and ton-weight, as hereinabove established, with their parts, 
 multiples and proportions, shall be the standard weights in 
 this Province for the weighing of all such goods, wares and 
 commodities as aforesaid : And in all cases in which a duty or 
 toll is imposed by law upon or by the hundred-weight or the 
 ton, such duty or toll shall be chargeable on the hundred- 
 weight or ton, as hereinabove established. 22 Vic. (1859), 
 cap. 21, sec. 4. 
 
 3. All and every the laws in force in Upper and Lower Laws in 
 Canada respectively, relating to the inspection and adjustment heights and 
 of weights and measures in the said sections of the Province, 
 31 
 
 t . 
 
 Hundred- 
 wt>i|;ht to be 
 lOOlbg. BTolr- 
 dupois. 
 
 Ton weight 
 tobeaoooibB. 
 
 Act to apply 
 to dutieK, 
 tolls, &e. 
 
482 
 
 THE MUNICIPAL MANUAL. 
 
 raeMures to 
 apply to 
 tlioae hereby 
 e slablisbed. 
 
 Standard 
 weight of 
 different 
 kinds of 
 grain, &c. 
 
 Standard 
 weights of 
 certain 
 articles. 
 
 respectively, shall extend and apply to the stnndartlfi of tlio 
 ton-weight and hundred-weight hereinubove cstublishod, uiul 
 to the several parts and proportions thereof; the said .standard 
 weights hereinabove established being, as regard.s .such inspec- 
 tion and adjustment, and the duties of the In.spector.s of 
 Weights and Measures and others under the suid Acts, and tin.- 
 penalties to be incurred for infraction thereof, in all rospt-ct.** 
 substituted for the standard hundred-weight and ton in uso 
 before the fourt'.. day of May, one thousand eight hundVcd 
 and fifty-nine; and no other standard of the hundrod-wcight 
 or ton than that hereinabove established shall be u.-^ed in any 
 part of this Province. (22 Vic. (1859), cap. 21, sees. 3, 5. 
 
 3. The following shall be the Standard Weights which in 
 all cases shall be held td be equal to the Winchester bushel of 
 the grain, pulae or seeds opposite to which they are set : 
 
 Wheat.. Sixty pounds, 
 
 Indian Corn Fifty-six pounds, 
 
 Rye Fifty-six pounds, 
 
 Peas Sixty pounds, 
 
 Barley Forty-eight pounds, 
 
 Oats Thirty-four pounds, 
 
 Beans Sixty pounds. 
 
 Clover Seed Sixty pounds, 
 
 Timothy Seed Forty-eight pounds. 
 
 Buck Wheat Forty-eight pounds. 
 
 16 Vic. cap. 193, sec. 2, and 18 Vic. cap. 15. 
 
 4. The following shall be the Standard Weights which in all 
 cases shall be held to be equal to the Winchester bushel of the 
 articles opposite to which they are respectively set, namely : 
 
 Potatoes, turnips, carrots, pars- 
 nips, beets and onions Sixty pounds, 
 
 Flaxseed Fifty pounds, 
 
 Hemp seed F^rty-four pounds. 
 
 Blue Grass seed < Fourteen pounds, 
 
 Castor beans Forty pounds, 
 
 Salt Fifty-six pounds. 
 
 Dried apples .... ...i , Twenty-two pounds. 
 
 Dried peaches Thirty-three pounds, 
 
 Malt Thirty-six pounds. 
 
 22 Vic. (1859), cap. 21, sec. 1. 
 
 «i. Upon any sale and delivery of any description of grain, 
 pulse or seeds, or other articles mentioned in this Act, and in 
 
n 
 
 THE MUNICIPAL MANUAL. 
 
 483 
 
 every contract for the sale or delivery of any each grain, pulse, Ktroct oithi* 
 seeds or other articles, the bushel shall be taken and intended ^.utraa'.' 
 to mean ihe weight of a bushel as regulated by this Act, and 
 not a bushel in measure, or according to any or greater or less 
 weigh';, i;nless the contrary appears to have been agreed upon 
 by the parties. 16 Vic. cap. 193, sec. 3, and 22 Vic. (1859), 
 cap, 21, sec. 2. 
 
 O. Upon any sale and delivery of any description of grain) Whathbaii 
 pulse or seeds, or other articles mentioned in this Act, and in Htoodbrtio 
 every contract for the sale or delivery of any such grain, pulse, *"'■•' ""'"«''• 
 seeds or other articles, the minot shall be taken and intended 
 to mean the weight of a bushel as regulated by this Act, and 
 not a minot or bushel in measure, or according to any greater 
 or less weight, unless the contrary appears to have been agreed 
 upon by the parties. 18 Vic. cap. 15, sec. 2, and 22 Vic. 
 (1859), cap. 21, sec. 2. 
 
 7. No part of this Act shall apply to any contract made in twh Act m.i 
 Upper Canada before the fifteenth day of June, one thousand traotlrbefor" 
 eight hundred and fifty-three, or in Lower Canada before the certain JatM 
 first day of May, one thousand eight hundred and fifty-five; ■ 
 
 nor shall anything in the first, second and fourth sections of this 
 Act, or in any other part thereof as referring to the said sec- 
 tions, apply to or affect any contract made before the fourth 
 day of iMay, one thousand eight hundred and fifty-nine. 13 Vic. 
 cap. 193 ; 18 Vic. cap. 15, and 22 Vic. (1859), cap. 21, sec. G.) 
 
 8. The provisions of chapter fifty-six of the Consolidated Provisionn 
 Statutes for Upper Canada (respecting Weights and Measures) fut.v. c""". 
 shall be subject to and controlled by those of this Act, as if l"* ^^*'"5""'* 
 they were incorporated in the said Act. 
 
 CON. STAT. CAN.— COAPTEU LXXXII. 
 
 AN ACT RESPECTING THE CALLING AND ORDERLY 
 HOLDING OF PUBLIC MEETINGS. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows: 
 
 It being the undoubted right of Her Majesty's subjects to PreamWe. 
 meet together in a peaceable and orderly manner, not only 
 when required to do so in compliance with the express directions 
 of law, but at such other times as they may deem it expedient 
 so to meet for the consideration and discussion of matters 
 
484 
 
 THE ArUNfClfAL MANCTAL. 
 
 of public intorcsf, or for niakiup known to their Onu-JDUS 
 Sov(;rci};n or h«r Uepresentutive in this Province, or to both 
 ur either Houses of her Imperial or Provinoiul l'iirliiinuMit» 
 their view.s rcxpcoting the stime, whether saeh bo in a|)|irnbu< 
 tion or condoninution uf the conduct of publio alTiiirs; and it 
 being expedient to make legislative provision for the culling 
 and orderly holding thereof, and the better preservation of the 
 
 public peace at the sunte ; Therefore, 
 
 (■ 
 1. All l*ublio Meetings of the inhabitants, or of any parti- 
 wiuiin'the *'"'"'' ^^"^^^ "* '^" iiihiibitants of anj District, County, Riding, 
 protection of (^ity, Town, Township, Ward or Pariah in this Province, 
 which arc required by law, and summoned or called in the 
 manner hereinafter by the fourth section of this Act p» escribed, 
 shall be and be deemed to be Public Meetings, within tho 
 meaning of this Act. 7 Vic. cap. 7, sec. 1. 
 
 this Act, 
 
 Mfftlngs 
 palled by 
 gbei'ilTM or 
 two iim);ig- 
 trat.r-H to be 
 wltliiii pro- 
 tection of 
 thb Act. 
 
 MeetliiRS 
 decliired by 
 two ma^is- 
 trxtes to be 
 within the 
 piotectidn of 
 the Act to 
 be BO. 
 
 ^. All Public Meetings of the inhabitants, or of any pjirti" 
 cular class of the Inhabitants of any District, County, Hiding, 
 City, Town, Township, Ward or Parish in this Province, called 
 by the High Sheriff of any such District or County, or by the 
 Mayor or other chief Municipal officer of any such (^ity or 
 Town respectively, in the manner hereinafter by the tilth sec- 
 tion of this Act prescribed, upon the requisition of any twelve 
 or more of the freeholders, citizens or burgesses of such Dis- 
 trict, County, Riding, Town, Township, Ward or Parish, 
 having a ritjht to voto for members to servo in the Provimaal 
 Parliament in respect of the property held by them within 
 such District, County, Riding, City, Town, Township, Ward 
 or Parish respectively; and all such meetings, called by any 
 two or more Justices of the Peace, resident in any such Dis- 
 trict, County, Riding, City, Town, Township, Ward or Parish 
 respectively, upon a like requisition from twelve or more of 
 such freeholders, citizens or burgesses, shall be and be deemed 
 to be Public Meetings, within the meaning of tliis Act. 7 
 Vic. cap. 7, sec. 2. 
 
 3- AH Public Meetings of the inhabitants, or of any parti- 
 cular class of the inhabitantsof any District, County, Riding, 
 City, Town, Township, Ward or Parish in this Province, 
 declared to be public meetings within the meaning of this Act, 
 by any two Justices of the Peace resident in such District, 
 County, Riding, City, Town, Township, Ward or Parish, in 
 the manner hereinafter by the sixth section of this Act pre- 
 scribed, shall be and be deemed to be Public Meetings, within 
 the meaning of this Act. 7 Vic. cap. 7, sec. 3. 
 
THE MUNICIPAL MANTJAL. 
 
 48i) 
 
 4. In every notice or summons for cullinji^ tojjctliernny such 
 fulilic meeting as in tho first section of this Act is mentioned, 
 thcro shiill bo contained a notice thut such meeting, and ull 
 persons uttcndinji the same, will be within tho protection of 
 this Act. and requiring all persons to tako notice thereof, and 
 govern themselves accordingly, and which part of such notice 
 or summons may bo in tho form or to the effect following: 
 
 And he it known, that the meeting to be held in pursuance 
 hereof, is called in conformity with the provisions of the Act 
 respiriitKj (he calling and ordt.ni/ hohfimj of Puhliv Meetini/ti; 
 and thut the said meeting, r:iid all persons attending the same, 
 will therefore bo within the protection of the said Act; of all 
 which pretuises all manner of persons are hereby in Hor 
 Majesty's name most strictly charged and commanded, at their 
 peril, to take especial notice, and to govern themselves accor- 
 dingly. 7 Vic. cap 7, sec. 4. 
 
 •5. The notice to be issued by tho High SheriflF of any Dis- 
 trict or County, or by the Mayor or other chief .Municipal officer 
 of any City or Town, or by two or more Justices of tho Peace, 
 for calling any such public meeting, as in the second section 
 of this Act is mentioned : . 
 
 1. Shall be issued at least three days previous to the day 
 upon which such meeting is appointed to be held ; 
 
 2. Shall set forth tho names of the rcquisitiouists, or of a 
 competent number of them; 
 
 3. That such meeting is called in conformity with the pro- 
 visions of this Act ; and, 
 
 4. That such Meeting, and all persons attending the same, 
 will be within the protection of this Act, and that all persons 
 are requircH to take notice thereof, and govern themselves 
 accordingly; and, 
 
 5 Such notice may be in the form or to the effect following: 
 
 To the Inhabitants of the District of A. {or «i« the cane may 
 Le), and all others Her Majesty's subjects whom it duth 
 or may in any wise concern : 
 
 Whereas I, A B., High Sheriff of, &c. (or We, CD. and 
 E. F ) two {or whoti-ver the number may be) of Her Majesty's 
 Justices of the Peace for the District of A,, resident within 
 the said District (or resident within the said County of B., or 
 ■as tkf rase may be), having received a requisition, signed by 
 I. J. K. L., &c. &c (inserting the names of at least fwelie of 
 the re^iuidtionists, and as many more as conveniently may bn, 
 
 MHiinor (if 
 briiiuliji; 
 nuu'tlntfi 
 i-i'qiiiM'il t'jr 
 law williiu 
 priitccil'iit of 
 thin Act. 
 
 MnnniT of 
 brlnRing 
 iiiH«tini,'8 
 citllnd by 
 SbcriirH, ke, 
 within 
 priiiL'ftlonof 
 thiD Act. 
 
480 
 
 THE MUNICIPAL MANUAL. 
 
 and mentioning the number of the others thus), and uity-six 
 (or as the case may be^ others, who (or twelve of whom) are 
 freeholders of the said District (or citizens of the said City), 
 having a right to vote for members to serve in the Provincial 
 Parliament, in respect of the property held by them within the 
 said District (or City, &c., as the case may be), requestin<r me 
 (or U8) to call a Public Meeting of (here recite ihe requmtion). 
 And whereas I (or we) have determined to comply with the 
 said requisition ; now therefore, I (or we) do hereby appoint 
 
 the said Meeting to be held at (here state the plan) on 
 
 , the day of next (or instant) at of the 
 
 clock in the noon, of which all persons are hereby required 
 
 to take notice. And whereas the said Meeting hath been so 
 called by me (or us) in conformity with the provisions of the 
 A(t respecting the catling and orderly holding 0/ Public Meet- 
 ings, the said Meeting, and all persons who may !i:;tend the 
 same, will therefore be within the protection of the said Act ; 
 of all which premises all manner of persons are hereby in Her 
 Majesty's name most strictly charged and commanded, at their 
 peril, to take especial notice, and to govern themselves accor- 
 dingly. 
 
 Witness my hand (or our hands), at , in the District 
 
 of. 
 
 this 
 
 day of 
 
 18- 
 
 A. B., SheriflF. 
 
 1 Vic. cap. 7, sec. 5. 
 
 C. 
 
 E. 
 
 (or) 
 F., J. p. 
 
 D., J. p. 
 
 By private 
 persons 
 fflthio the 
 
 6 Upon information on oath, before any Justice of the 
 Peace, that any Public Meeting of the inhabitants, or of any 
 particular class of the inhabitants of any District, County, 
 thifAct""^ Hiding, City, Town, Township, Ward or Parish, not being a 
 public meeting of the description mentioned in the first, .sec- 
 tion of this Act, or a public meeting called in the manner 
 ref'jrred to in the second section of this Act, is appoiiit<'d to 
 be held at any place within the jurisdiction of such Justice, 
 and that there is reason to believe that great numbers of per- 
 sons will be present at such meeting : Any two Justices of the 
 Peace, having jurisdiction within the District, County, City 
 or Town, within which such meeting is appointed to be hold, 
 may give notice of such meeting, and may declare the same, 
 and declare all persons attending the same, within the protec- 
 tion of this Act, and require all persons to take notic#thereof 
 and govern themselves accordingly; and such notice or decla- 
 ration may be in the form or to the effect following : 
 
THE MUNICIPAL MANUAL. 
 
 487 
 
 Ix 
 
 re 
 
 To tlie Inhabitants of the District of A., (or as the case may he), 
 and all others Her Maje^ty's^ subjects, whom it doth or 
 may iu any wise concern : 
 
 Whereas by information on oath, taken before D. B., 
 Esquire, one of Her Majesty's Justices of the Peace for the 
 District of C. {or City, or as (he case may be), within which 
 the Meeting hereinalter mentioned is appointed to be held, it 
 appears that a Public Meetinj* of the inhabitants (or house- 
 holders, dr., as the case may be) of the District of G. (or as 
 
 the rase mat/ be) is appointed to be held at , in the said 
 
 District (or as the case may be), on , the day of 
 
 next (or instant), at of the clock in the noon 
 
 (or at soMio other hour on the same day); and that there is 
 reason to believe that great numbers of persons will be present 
 at such fleeting; and whereas it appears expedient to us, 
 C D. and E. F., two (or luhatever the number may be) of Her 
 Majesty's Justices of the Peace, having jurisdiction within 
 the said District (or as the cane may be), that, with a view to 
 the more orderly holding of the said Meeting, and the better 
 preservation of the public peace at the same, the said Meeting, 
 and all persons who may attend the same, should be declared 
 within the protection of An Act respecting the calling and 
 orderly holding of Public Meetings; Now therefore, in pursu- 
 ance of the provisions of the said Act, and the authority in 
 us vested by virtue of the same, we, the said Justices, do 
 hereby give notice of the holding of the said Meeting, and do 
 hereby declare the said Public Meeting, and all persons who 
 may attend the same, to be within the protection of the said 
 Act of Parliament; of all which premises all manner of per- 
 sons are hereby in Her Majesty's name most strictly charged 
 and commanded, at their peril, to take especial notice, and to 
 govern themselves accordingly. 
 
 Witness our hands, at , in the District of 
 
 this 
 
 day of 
 
 18—. 
 
 C. 
 E. 
 
 D., J. p. 
 F., J. p. 
 
 &c. 
 
 7 Vic. cap. 7, sec. G. 
 
 7- Every Sheriff, Mayor, Justice of the Peace, or other 
 person who calls any such public meeting as is mentioned in 
 the second section of this Act, shall give public notice thereof, 
 as extensively as he reasonably may, by causing to be posted 
 and distributed throughout the District, Couhty, Riding, City, 
 Town, Township, Ward or Parish, for which the same is 
 
 Sheriffi or 
 Justice, Ac. 
 calling meet- 
 iii)tR on re- 
 quisition to 
 give certain 
 noticec. 
 
488 
 
 THE MUNICIPAL MANUAL. 
 
 Justices 
 declaring 
 meetlnjrs to 
 be witlilo 
 protection of 
 Act to gWe 
 certain 
 notices. 
 
 8horiffH and 
 JuKticei 
 culling and 
 declaring 
 mcetinjf 
 DDiler this 
 A.ct to attend 
 the same. 
 
 Chairman to 
 rend reqniHl- 
 tion and 
 make procla- 
 mation for 
 the prefierva- 
 tionof ordor. 
 
 Chairm^a 
 to reinove 
 disorderly 
 perxonB, and 
 convict on 
 view of dis- 
 turbance. 
 
 called, a sufficient number of printed or written copies of the 
 notice calling the same. 7 Vic. cap. 7, sec. 7. 
 
 8. The Justices of the Peace who declare any public meet- 
 ing, about to be held, to be a public meeting within the protec- 
 tion of this Act, as in the third section of this Act mentioned, 
 shall give public notice of its having been so declared, by 
 causing to be posted and distributed throughout the District, 
 County, Riding, City, Town, Township, Ward or Parish, for 
 which the same is so called, as many printed or written copies 
 of the notice or declaration issued by them in that behalf, as 
 nitiy be reasonably necessary for that purpose, and as the time 
 appointed for the holding such meeting reasonably admits. 
 7 Vic. cap. 7, sec. 8. 
 
 O. Every Sheriff, Mayor, Justice of the Peace, or other 
 person, who either calls any public meeting under the provi- 
 sions of the second section of this Act, or declares any n)eeting 
 called by others to be a public meeting within the protection 
 of this Act, under the provisions of the third section hereof, 
 shall attend such meeting; and whether such Sheriff, Mayor, 
 Justice of the Peace or other person is appointed by 
 such public meeting to take the chair and preside over the 
 same or not, every such Sheriff, Mayor, Justice of the Peace, 
 and other person, shall continue at or near the place appointed 
 for holding such public meeting, until the same has dispersed, 
 and shall afford all such assistance as may be in his power, in 
 preserving the public peace thereat. 7 Vic cap. 7, sec. 0. 
 
 10- Every person required by law, or who has, in the usual 
 way, been appointed at such public meeting to pre.side over kho 
 same, shall commence the proceedings of the meeting by caus- 
 ing the summons or notice calling the meeting, or the declara- 
 tion whereby the same is declared to be a public meeting under 
 the protection of this Act, to be publicly read. 7 Vic. cap. 7, 
 sec. 10. 
 
 II. Any person required bylaw, or who has been appointed 
 at such meeting in the usual way to preside over the same, 
 shall cause order to be kept at such meetings, and for that 
 purpose may, by oral direction or otherwise, cause any person 
 who attempts to interrupt or disturb such meeting, to .be 
 removed to such a distance from the same as may effectually 
 prevent such interruption or disturbance ; and, by an instru- 
 ment in writing under his hand, on his own view, may adjudge 
 any person who So attempts to interrupt or disturb such meet- 
 ing, guilty of such attempted interruption or disturbance; 
 
THE MUNICIPAL MANUAL. 
 
 489 
 
 It- 
 
 |c- 
 
 '> 
 
 py 
 
 ft, 
 
 )r 
 
 18 
 
 lie 
 
 
 upon which conviction any Justice of the Peace may by 
 warrant under his hand forthwith commit such person to the 
 common jjaol of the County or District, or to any other place 
 of temporary confinement that such Justice may appoint, fur 
 any period not exceeding forty-eight hours from the time of 
 commitment signed, and until the lawful costs df the consta- 
 ble and gaoler for the arrest, transmission and detention of 
 such person be paid or satisfied. 7 Vic. cap. 7, sec. 11. 
 
 12. For the purpose of keeping the peace and preserving 
 good order to every such public neeting, the person required 
 or appointed to preside at any such meeting as aforesaid, may 
 command the assistance of all Justices of the Peace, Consta- 
 bles and other persons, to aid and assist him in so doing. 
 7 Vic. cap. 7, sec. 12. 
 
 Mw. Any Justice of the Peace, present at any such meeting, 
 upon the written application of the person so required or 
 appointed to preside at the same, shall swear in such a num- 
 ber of Special Constables as such Justice may. deem necessary 
 for the preservation of the public peace at such meeting. 
 7 Vic. cap. 7, sec. 13. . 
 
 I'l: If any person between the ages of eighteen and sixty, 
 upon being required to be sworn in as a Special Constable, by 
 any Justice ot the Peace, upon any such occasion, omits or 
 refuses to be sworn, unless for some cause to be allowed by 
 such Justice at the lime, such person shall be guilty of a mis- 
 demeanor, and such Justice may thereupon record thf refusal 
 of such person so to be sworn, and adjudge him to pay a line 
 of not more than eight dollars, which tine shall be levied and 
 made by the like process as other fines imposed by summary 
 proceedings before Justices of the Peace, or such person may 
 be proceeded against by indictment or information, aB in other 
 cases of misdemeanor. 7 A'^ic. cap. 7, sec. 14. 
 
 |«5. Any Justice of the Peace, within whose jurisdiction 
 any ^uch meeting is appointed to be holden, may demand, 
 have and take of and from any person attending such meeting, 
 or on his way to attend the same, any offensive weapon, such 
 as fire arms, swords, staves, bludgeons, or the like, with which 
 any such person is so armed, or which any such person has in 
 his hands or possession; and every such person who, upon 
 such demand, declines or refuses to deliver up, peaceably and 
 quietly, to such Justice of the Peace, any such offensive wea- 
 pon as aforesaid, shall be deemed guilty of a misdeuicanor; 
 and such Justice may thereupon record the refusal of such 
 
 To cull on 
 Justices of 
 the IVace for 
 assistanco. 
 
 Justices to 
 gwear in Spe- 
 cIhI Cunsta- 
 blus on r«q<ii- 
 Fitionof 
 Chairman. 
 
 Persons of 
 corf. tin .i(r«s 
 refiisiii)! to 
 b« sworn in 
 guilty of mis- 
 demeanor. 
 
 Justices of 
 the Peace 
 may diaarm 
 
 persons. 
 
490 
 
 Weapons to 
 be returni-d 
 til parties in 
 certain caiies. 
 
 If accident- 
 ally lost, &c. 
 
 Persons 
 guilty of 
 battery with- 
 in two milea 
 of the meet- 
 ing to be 
 punished by 
 certain 
 penalties. 
 
 No one to 
 approach 
 armed with- 
 in two miles 
 of meeting. 
 
 THE MUNICIPAL MANUAL. 
 
 person to deliver up such wenpon, and adjudge him to pay a 
 fine of not more than eight dollars, which fine shall be levied 
 and made by the like process as other fines imposed by sum- 
 mary proceedings before Justices of the Peace ; or such person 
 may be proceeded against by indictment or information, as in 
 other ca.ses of misdemeanor : but such conviction shall not 
 interfere with the power of such Justice or any other Justice 
 to take such weapon, or cause the same to be taken from such 
 person without his consent and against his will, by such force 
 as may be necessary for that purpose. 7 Vic. cap. 7, sec. 15. 
 
 10. Upon reasonable request to any Justice of the Peace, 
 to whom any such weapon has been peaceably and quietly 
 delivered as aforesaid, made on the day next after the meeting 
 hns finally dispersed, and not before, such weapon shall, if of 
 the value of one dollar or upwards, be returned by such 
 Justice of the Peace to the person from whom the same was 
 received. 7 Vic. cap. 7, sec. IG. 
 
 17. No such Justice of the Peace shall be held liable to 
 return any such weapon, or make good the value thereof, in 
 ca^e the same, by unavoidable accident, has been actually 
 destroyed or lost out of the possession of such Justice without 
 his wilful default. 7 Vic. cap. 7, sec. 17. 
 
 18. Any person convicted of a battery, committed within 
 the distance of two miles of the place appointed for the hold- 
 ing of such public meeting, and during any part of the day 
 whereon any such meeting has been appointed to be held, shall 
 be punishable by a fine of not more than one hundred dollars, 
 and imprisonment for not more than three months, or either, 
 in the discretion of the Court whose duty it may be to pass 
 the sentence of the law upon such person. 7 Vic. cap. 7, sec. 17. 
 
 10- Except the High Shcrifi", under-Sherifi", and Justices 
 of the Peace for the District or County, or the Mayor and 
 High Bailiff, and Justices of the Peace for the City or Town 
 respectively, in which any such meeting is to be held, and the 
 Constables and Special Constables employed by them or any 
 of them, for the preservation of the public peace at such 
 meeting, no person shall, during any part of the day upon 
 which such meeting is appointed to be hold, come within two 
 miles of the place appointed for such mct'ting, armed with any 
 offensive weapon of any kind, as fire-arms, swords, staves, 
 bludgeons, or the like; and any per.S(m who offends against 
 the provisions in this section contained, shall be g""' y of a 
 misdemeanor, punishable by fine not exceeding one hundred 
 
 
THE MUNICIPAL MANUAL. 
 
 491 
 
 feo. 
 
 
 dollars, and imprisonment not exceeding three months, or both, 
 at the discretion of the Court whose duty it may be to pass the 
 sentence of the law upon such person. 7 Vic. cap. 7, sec. 18. 
 
 20. Any person who lies in wait for any person returning 
 or expected to return from any such public meeting, with 
 intent to commit an assault upon such person, or with intent, 
 by abusive language, opprobrious epithets, or other offensive 
 demeanor, directed to, at or against such person, to provoke 
 such person or those who may accompany him to a breach of 
 the peace, shall be guilty of a misdemeanor, punishable by 
 fine not exceeding two hundred dollars, and imprisonment not 
 exceeding six months, or both, at the discretion of the Court. 
 7 Vic. cap. 7, sec. 19. 
 
 91. Every action to be brought against any person for any 
 thirig by him done under authority of this Act, must be brought 
 within twelve months next after the cause of such action 
 accrued. 7 Vie. cap. 7, sec. 20. 
 
 I'ersoDs 
 guilty pf 
 lying in wait 
 buw to be 
 punisheJ. 
 
 Action 8 to be 
 brouglit 
 within 12 
 months. 
 
 CON. STAT. CAN.— CHAPTEK L.XXXIII. 
 
 AN ACT RESPECTING THE CONSOLIDATED MUNICIPAL 
 
 LOAN FUND. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 1. The sections of this Act numbered two to eighty-six, 
 are to be construed and take effect subject to the provisions 
 contained in the sections following the eighty-sixth, numbered 
 eighty-seven to one hundred and eight. 22 Vic. c. 15 (1859). 
 
 2. Whereas by the Act passed in the sixteeth year of Her 
 Majesty's reign, chapter twenty-two, intituled. An Act to 
 estahhsh a Consolidated Municipal Loan Fund for Upper 
 Canada, and by certain subsequent Acts extending the same, 
 there was established a Consolidated Municipal Loan Fund 
 for each section of the Province of Canada, net at any time to 
 exceed the sum of One Million Five Hundred Thousand 
 Pounds sterling, for either of the said sections, together with 
 such further sum or sums of money as may constitute the 
 Sinking Fund under the authority of this Act or any former 
 Act: 
 
 Therefore the said funds shall continue to be called respec- 
 tively, The Lower Canada Municipal Loan Fund, and The 
 
 The first 86 
 KeotionB to 
 be controlled 
 by the sub- 
 sequent 
 sections. 
 
 Municipal 
 Loan Fundu 
 established. 
 
 Called the I.. 
 C. and U. C. 
 loan fund. 
 

 
 492 
 
 THE MUNICIPAL MANUAL. 
 
 Oiiitinuej. Upper Canada Municipal Loan Fund, and shall be managed 
 by the Keceiver-(icneral, under the direction of the Governor- 
 in-Council, in the manner provided by this Act, in separate 
 
 accounts for each, and the book 
 
 mts thereof shall 
 
 Dehenfureu 
 to issue on 
 the credit 
 thereof. 
 
 Mnnicipali- 
 ties may 
 raise munpy 
 on the credit 
 of Ihis fund. 
 
 For rprta n 
 purposes. 
 
 .And rithcr 
 oliji'ctR In 
 citiep, &c. 
 
 And f.)r 
 
 additional 
 
 objfctB. 
 
 Id accour 
 
 be kept in his office. 18 Vic. cap 13, sees. 1, 2; 10 Vie. 
 cap. 22, sec. 1. 
 
 3 All Debentures issued by the Receiver-General, under 
 the provisions of this Act, shall be i.«sued upon the crei^it of 
 the said Consolidated Municipal Loan Fund of liower Canada 
 or ofUpper Canada, as the case may be. 18 Vic. cap. 13, sec. 3. 
 
 4. The Council of any County, City, incorporated Town, 
 Township or Village, may, if not already done, authorize by 
 by-law any sum of money, not exceeding in the whole, includ- 
 ing sums already raised, twenty per cent, on the aggregate 
 valuation of the property in the Municipality according tt the 
 then last finally revised Assessment roll thereof and affected 
 by the by-law, to be raised on the credit of the said Fund 
 available to such Council, and may appropriate such sum, or 
 so much thereof as may be found requisite, to defray the 
 expense of building or improving any Gaol or Court House 
 for the use of such Municipality, or for acquiring, construct- 
 ing or completing, or assisting in the construction or comple- 
 tion of any railroad, canal or harbour, or for the impt-ovcment 
 of any navigable river, within or without the Municipality, the 
 acquisition or construction whereof will benefit the inhabitants 
 of such County, City, Town, Township or Village. IG Vic. 
 cap. 22, sec. 2 ; 16 Vio. cap. 123, sec. 7 ; 18 Vic. cap. 13, 
 sec. 2. 
 
 5 The Council of any incorporated City, Town or Village 
 may, by by-law, authorize any sum of money, not exceeding 
 twenty per cent, as aforesaid, to be raised on the credit ol the 
 said Fund, available as aforesaid, and appropriate the t;a:iie, 
 or so much thereof as may be necessary, to defray or aid in 
 defraying the expense of erecting, prosecuiingand maintaining 
 any Gas or Water Works withiti or for the use of such City, 
 Town or Village, or its salubrity, drainage or more perfect 
 sanitary condition, or for constructing or aiding in the con- 
 struction of any plank or macadamized road for the benefit of 
 any such City, Town or Village. 18 Vic. cap. 13, sec. 4 ; IG 
 Vic. cap. 22, sec. 2. 
 
 O- The Council of any City or County may, by By-law, 
 authorize any sum of money, not exceeding twenty per cent, 
 as aforesaid, to be raised on the credit of the said Fund, avail- 
 
THE MUNICIPAL MANUAL. 
 
 493 
 
 be managed 
 fie Governor- 
 I, in separate 
 (thereof shall 
 
 , 2; IG Vic. 
 
 sncral, under 
 the credit of 
 lower Canada 
 |>p. 13, sec. 3. 
 
 rated Town, 
 authorize by 
 ?hoIe, indud- 
 le a<rfircfiate ' 
 >rdin<,' to the 
 and affected 
 e said Fund 
 such sum, or 
 ) defray the 
 Court House 
 g, construct- 
 
 I or comple- 
 impVovcment 
 icipality, the 
 e inhabitants 
 re. IG Vic. 
 /"ic. cap. 13, 
 
 II or Village 
 •t e."scerding 
 credit ol the 
 e the t:a:i)e, 
 ■ay or aid in 
 maintaining 
 
 ■ such City, 
 lore perfect 
 in the con- 
 ic benefit of 
 , sec. 4 ; IG 
 
 law. 
 
 by By. 
 
 y per cent, 
 uiid, avail- 
 
 able as aforesaid, and appropriate such sum, or so much thereof 
 as may be necessary, to defray the cost of making or improving 
 any bridge, macadumized, gravel or planked road, within or 
 without the Municipality, the making or improving whereof 
 will benefit the inhabitants of such County or (!ity, 16 Vic. 
 cap. Ii2, Bee. 2 j 18 Vic. cap. 13, sec. 4 ; see 16 Vic. cap. 123, 
 sec. 7. 
 
 7. The Council of any Municipality in Lower Canada Additional 
 
 ,,,. , *' 11. 1 powera in 
 
 may, in addition to the powers above granted, raise upon the l. c. 
 credit of the share cf the said Fund set apart for Lower Canada 
 any sum of money which they deem necessary for the opening, 
 estnbli.shing, constructing, repairing or improving, either 
 within or without the limits of the Municipality, of any road 
 , street or bridge, the construction and maintenance of which 
 will be advantageous to such Municipality ; and appropria- 
 tions out of the said Fund which, prior to the tenth day of 
 June, one thousand eight hundred and fifty-seven, had been 
 made by Municipal Corporations in Lower Canada, for the 
 purposes aforesaid, are hereby approved and confirmed. 20 
 Vic. cap. 42, sees. 2, 3. 
 
 8. Every Ijy-law above mentioned shall declare the purpose what By- 
 to which the sum to be raised shall be applied, and make such express! '" 
 other provisions as may be requisite fur en.suring the due 
 application of the money, and the attainment of the objects 
 contemplated by the By-law. 16 Vic. cap. 22, sec. 2. 
 
 d. Any such By-law may provide that the a.ssistance of the 
 Municipality shall be granted towards any of the purposes what By- 
 aforesaid, specifying the same, either by subscribing on behalf iHwsmay 
 of the Municipality for stock in any Company incorporated for 
 any such purposes, or by loaning money to such Company, or 
 to any Hoard of Commissioners incorporated for any of the 
 above purposes, in which case the security to be taken from 
 the Company or Board of Commissioners, and the other terms 
 of the loan, shall be mentioned in the By-low. 16 Vic. cap. 
 22, sec. 2, sub-sec. 1. 
 
 10. The By law shall recite that the loan is to be raised Recital, Ac 
 under the provisions of this Act, and shall express the term 
 
 for which the loan is required, which shall not in any case 
 exceed thirty years, nor be less than five years. 16 Vic. 
 cap. 22, sec. 2, sub-sec. 2. 
 
 11. If the By-law has been passed by a County Council, the 
 principal and interest of the loan shall be payable by all the 
 
404 
 
 THE MUNICirAL MANUAL. 
 
 J f Bylaw 
 piWiied liy A 
 County 
 Council. 
 
 PablicaUon 
 of By-law 
 Iwfbre pasK» 
 iug. 
 
 To be sanc- 
 liunedbytbe 
 
 elei'tors. 
 
 Who to pre- 
 Kide at the 
 ini>etiDK of 
 electors. 
 
 The Clerk to 
 produce rolls 
 
 Townships, Townsand Villages in the County, and the County 
 "Treasurer shall in each year apportion the amount to bo paid 
 by each, according to the amount of property returned upon 
 the Assessment Rolls of such Townships, Towns and Villages 
 respectively, for the financial year next preceding that for 
 which the apportionment is to be made. 16 Vic. cap. -2, sec. 
 2, sub-sec. 3. 
 
 tfi. Such By-law, or every material provision thereof, shall 
 for at least one month before the final passing thereof, bo pub- 
 lished for the information of the rate-payers in some newspaper 
 publi.shed weekly or oftener, within the territorial jurisdiction 
 of the Municipality, or if there be no such newspaper, then 
 in some newspaper published in the place nearest to such 
 jurisdiction, and also by posting the same up in at least four 
 public places in the Municipality (and if it be a By-law of a 
 County Council, then in each Municipality in such County), 
 with a notice signed by the Clerk of the 5lunicipality in the 
 Council of which the IJy-luw originated, specifying in such 
 notice the date of the first publication of the IJy-law, and 
 signifying that it is a true copy of a By-law which will be 
 taken into consideration by the Council of the Munici- 
 pality after the expiration of one month from the first 
 publication thereof in such newspaper, and that on some day 
 and at some hour and place, (or if the meeting be for a County 
 by-law, places,) named in the notice, and which shall be 
 previously fixed by the said Council, such day not being less 
 than three weeks, nor more than four weeks after such first 
 publication, a general meeting of the qualified Municipal elec- 
 tors of the Municipality, Cor of the several Municipalities 
 within the County,) will be held for the purpose of consider- 
 ing such by-law, and approving or disapproving of the same. 
 16 Vic. cap, 22, sec. 2, sub-sec. 4. 
 
 13. On the day and at the hour and place (or places) 
 appointed by such notice, the qualified Municipal electors, or 
 such of them as choose to attend the meeting, shall take the 
 said by-law into consideration, and shall approve or disapprove 
 of the same. 16 Vic. cap. 22, sec. 2, sub-sec. 5. 
 
 14:. At such meeting the Mayor or Reeve of the Munici- 
 pality in which it is held shall preside, or in his absence some 
 other member of the Council of such Municipality to be chosen 
 by the meeting. 16 Vic. cap. 22, sec. 2, sub-sec. 5. 
 
 tS- The Clerk of such Municipality shall have with him 
 the Assessment Rolls of the Municipality then in force, or 
 
THE MUNICIPAL MANUAL. 
 
 495 
 
 r 
 
 3d 
 
 II 
 
 /. 
 
 certified copies thereof, and shall act as Secretary j and the 
 only question to be dctcriiiined at such meeting, shall be 
 whether the majority of the Municipal electors present thereat, 
 do or do not, appprove of the by-law. 16 Vic. cup. 22, sec. 
 2 sub-sec. 5. 
 
 16. When the question has been put, the person presiding Puttingthe 
 shall declare whether in his opinion the majority is for the ap- 1"®'""°- 
 proval or disapproval of the by-law, and his decision if not 
 forthwith appealed from, shall be final, and sball forthwith be 
 communicated to the Council or the Municipality which origi- 
 nated the by-law, by a certififato under the hand of the 
 Secretary of the meeting. IG Vic. cap. 22, sec. 2, sub-sec. 5. 
 
 17. Any six duly qualified Municipal electors present at Jlpj"""^ "f 
 any such meeting may appeal from the decision of the person 
 presiding, and demand a poll, and such poll shall be granted 
 
 by the person presiding at the meeting, and shall be immedi* 
 ately taken by him, the Clerk of the Municipality acting as 
 poll Clerk. 16 Vic. cap. 22, sec. 2, sub-sec. G. 
 
 18. Each elector shall then present himself in turn to the Polling rete* 
 person presiding, and shall give his vote ''yea" or " nay," — the 
 
 word " yea," meaning that he approves the proposed By-law, 
 and the word " nay" that he disapproves the same; — but no 
 person's vote shall be received unless he appears by the Assess- 
 ment Hulls to be a duly qualified Municipal elector. 16 Vic. 
 cap. 22, sec. 2, sub-sec. 6. 
 
 10. The person presiding may, if necessary, adjourn the Adjonm- 
 poll at sunset on the day of meeting, until ten o'clock in the '"""•^''f ''^'^ 
 forenoon of the following day, not being a Sunday or statutory 
 holiday, when the poll shall be continued as on the first day, 
 but shall be closed at sunset of such second day. 16 Vic. cap. 
 22, sub-sec. 7. 
 
 20. If at any time on the first or second day one half hour closing the 
 elapses without a vote being ofiiered, the poll shall be closed. *'""• 
 
 16 Vic. cap. 22, sub-sec. 7. 
 
 21. At the close of the poll the person presiding shall Re»uHtobf> 
 count the " yeas" and the " nays," and ascertain and certify ^ 
 
 for the information of the Council which originated the by-law 
 whether the majority is for the approval or disapproval of the 
 said by-law ; and such certificate shall be countersigned by the 
 Clerk of the Municipality acting as Secretary of the meeting, 
 and kept by him, with the poll list, among the records of his 
 oflBce, and if the by-law originated with a County Council, a 
 
49G 
 
 THE MUNICIPAL MANUAL. 
 
 I 
 
 When votes 
 t>ikon iipiiu 
 Odunty 
 Uj-Iuwa. 
 
 By wtm) mn- 
 joVity lly luw 
 to be «p- 
 provi'd or 
 (liHupprOTucl. 
 
 duplicate thereof shall bo transmitted to the County Clerk. 
 10 Vic. cap. 22, sub-sec. 8. 
 
 3S8. If the by-law to bo considered is a by-law of a County 
 Council, the nioetiog to consider the aunie, or the poll of the 
 electors, tihall not be held for the whole County at one place, 
 but such nieetin}; or poll shall be held in each of the several 
 Municipalities of such County respectively. 
 
 33 The question whether the by-law is approved or dis- 
 approved, shall be decided either by a majority of the total 
 number of electors votinp " yea" or " nay," in the whole 
 County, or by the majority of votes of 3Iunicipidities approving 
 or disapproviiip; of the same, }iivin«< to each Municipality one 
 or two votes accordinj; as it is by law authorized to return a 
 Reeve or a Reeve and Deputy Reeve to the County Council 
 of such County. 
 
 241. In the last mentioned case each Municipality shall be 
 held to have voted for the approval of the by-law, if the 
 majoi'ty of electors who voted at the meeting held therein 
 have voted " yea," and to have voted for the dit*ir proval 
 thereof if the majority of such electors have voted '* nay." 
 
 95 Each such County Council shall mnh.) a by-law to 
 provide which of tlje two modes of deci,si(»n shall be adopted, 
 and shall also thercBy declare the manner in which the deci- 
 sion of each Municipality, or of the electors thereof, shall be 
 made known to the County Olerk IG Vic. cap. 22, sec. 2. 
 sul»-sec. 9. 
 
 20- If the By-law be disapproved by the majority of the 
 
 If iivhiw electors, or of the Municipalities, as aforesaid, the Council 
 
 iKrtpprove . ^]y^\\ pQ(. proceed to pass the same j but if it be approved by 
 
 such majority, and afterwards passed by the Council, then 
 
 such By-law and all the provisions thereof shall be subject to 
 
 the approval of the Governor-in-Council, and shall have no 
 
 force until such approval has been given, but shall not be 
 
 if (ipproved. subjcct to the special provisions niade by the Act respecting 
 
 Municipal Institutions in Upper Canada, concerning By-laws 
 
 creating debts, or to any provisions or formalities, except those 
 
 prescribed by such Act with regard to By-laws generally, and 
 
 those prescribed by this Act. 10 Vic. cap. 22, sec. 2, sub-s. 10. 
 
 27' Every such By-law, when submitted to the Governor- 
 ByUwsBub- in-Council for his approval, shall contain a recital that it baa 
 uovvnioi' ^^^" approved by a majority of the duly qualified Municipal elec- 
 upprovui. tors (or of the Municipalities) of (or in) the Municipality, at 
 
 Majority of 
 votsM of tlec- 
 tors to 
 (It'cide. 
 
 Tlio mnjo of 
 dHnsiiin to 
 Iji' lieti-r- 
 mlniMl by 
 r.ylaw. 
 
 
 
THE MUNICIPAL MANUAL. 
 
 407 
 
 iv meeting (or tneetln<j;s) called and held in conformity to tlic 
 requirements of this Act. 16 Vic. cap. 22, sec. 2, sub-sec. 10. 
 
 38. Such recital i^hall, for all the purposes of this Act, be rmIui to be 
 conclusive proof of the facts therein stated. 16 Vic. cap. 22, co^oi""''*- 
 sec. 2, sub-sec. 10. 
 
 29. No such Hy-law, or anjthinf? done under it, shall be Enoneonn 
 invalidated by any error of fact or incorrectness in such reci- r»citiiinotto 
 tnl ; but this provision shall not affect the responsibility of 
 
 tho.se whe have wilfully concurred in any misstatement of fact 
 in such recital. 16 Vic. cap. 22, sec. 2, sub-sec. 10. 
 
 30. The Governor-in-Council shall not approve of such what proof 
 By-law until proof has been made to his satisfaction that the tiJeO"*"""" 
 By-luw was published and notice given, us hereinbefore 
 required. 
 
 31. The Treasurer of the Municipality shall furnish the who«o 
 Governor with a statement, certified under oath, showinc the '»'^n''*» ♦•»• 
 
 /. ,1 . L nT • ' 1- !• proof— and 
 
 iiniount 01 taxable property in the Municipality according to now. 
 the then last Assessment Roll or Rolls, and a true account of 
 nil the debts and liabilities of the Municipality, and of its 
 expenditure for every purpose, for the then last year. 16 Vic. 
 cap. 22, sec. 2, sub-sec. 11. 
 
 33- The Governor-in-Council may require from the Muni- GoTornor 
 cipality by the Council whereof any such Ry-law has been Scwumen^ 
 passed, all such documents and information as he thinks *«• 
 necessiiry for ascertaining the expediency or inexpediency of 
 
 such IJy-law, or any of the provisions thereof, and the proper 
 officers of such Municipality shall furnish the same accordingly. 
 
 33. No such By-law shall be repealed, amended or altered, UowBy-iaw« 
 otherwise than by another By-law approved in like manner ^edor*" 
 by the Governor-in-Council, and to which all the provisions of amended, 
 this Act shall apply, in like manner, as to the original by-law. 
 16 Vic. cap. 22, sec. 3. 
 
 34- So soon as the by-law ha{( been approved as aforesaid, whenap- 
 the Receiver-General may raise by loan, under Debentures fiocelver- 
 issued by him upon the credit of the proper Consolidated General mar 
 Municipal Loan Fund, a sum of money not exceeding the 4o'*J,nder**'' 
 sum authorized by such by-law, and pay the same over to the debentures. 
 Treasurer of the Municipality, or deliver to him, or to his order. 
 Debentures b^^'^ured upon the said Fund to a like amount, or 
 
 pay part of such sum in money to the Treasurer, and deliver 
 to him Debentures for part. 
 32 
 
498 
 
 THE MUNICTPAL MANIA i,. 
 
 And ontor to 
 iebtt of tha 
 Mnniripatity 
 
 Whero An- 
 bfloturMto 
 bo payable 
 iiad In what 
 Mrretocy. 
 
 1 n wbat fiM-m 
 debentures 
 
 3«S. In every cnso he shall enter tlio miKmnt for wliidi 
 Debentures are issued and delivered, to tlio Dchit of the Muni 
 oipalitj as so much due by it to the said Fund. 10 Vic. cup. 
 22, sec. 8, Bub-seo. 1. 
 
 30 The principal and interest of the Dolxniturcs so is,'^u< d 
 may be made payable at any place within or without thi.s Pm 
 vinco in currency or in sterling money or in the currency (f 
 the place where they are made pnynblo. 
 
 87. Such Debentures shall be in I'uch roi:ii as tlie (I'jvo! 
 Dor-in-Council directs, subject to the fullnwiujj; provi.sion; . 
 16 Vic. cap. 22, sec. 3, Bub-aoe. 2. 
 
 1. They shall express upon their face that the Provincial 
 Government undertakes to pay the principal sum montionod 
 in them and the interest thereon, out of the moneys forniin.i: 
 part of the Consolidated Municipal Loan Fund, and out of no 
 other moneys or funds whatsoever. 10 Vic. Cup. 22, sec. '■). 
 sub-sec. 3. 
 
 2. The principal shall be made payable at the time provided 
 by the by-law, and the Debentures shall contain no provi.sion? 
 inconhistent with the by-law by which the loan is authoriiood. 
 and they shall contain all such provisions as may be ncoessai} 
 to carry out the intentions of such by-law. IG Vic. cap. 22. 
 sec. 3, sub-sec. 4. 
 
 o. The rate of interest upon ihcm shall in no case exceed 
 six per centum per annum, and such interest shall be made 
 payable half yearly on days in each year to be therein appoint- 
 ed for the purpose ; but if any Debenture be issued wiibin 
 :,he three months next before any such day, then the fir.-^t 
 interest thereon may be made payable on that one of the half 
 yearly days which comes next after the expiration of three 
 months from the date of its issue. IG Vic. cap. 22, sec. o. 
 sub-see. 5. 
 
 4. They shall b6 for even sums of money, and no Debenturo 
 shall be for a less sum than one hundred dollars, or the cijui- 
 valent thereof. 16 Vic. cap. 22, see, 3, subsec. G. 
 
 5. They shall contain such conditions as the Governor front 
 time to time, by order in Council, directs as to the right of the 
 Receiver-General to call in such Debentures or any of them 
 for payment before the time therein absolutely appointed for 
 the payment of the principal, the manner in which they may 
 be so called in, and in which it is to be determined which of 
 such Debentures shall be so called in at any time, if they be 
 not all called in at the same time. 
 
THE MUNICIPAL MANUAL. 
 
 409 
 
 ( f 
 
 
 G. No intcnst sliall bo payable upon any Debenture which 
 ha.s been called in aceurding to such conditions, for any pcri<jd 
 after thu day on which it haH been required to be presented 
 for payment, which day shall always be one of those on which 
 interest is payable on such Debentures ; and this forfeiture of 
 interest in the case last mentioned shall be expressed on the 
 face of the Debenture. 16 Vic. cap. 22, sec. 3, sub-sec. 7. 
 
 JJ8. Tt shall not bo necessary that any Debenture should what it ib 
 
 """■■" not neres- 
 
 «ary to bhow 
 
 ?hu\v upon what by-law or with reference to what Municipality ""'"«<'<'«■ 
 
 bi) 
 
 it is issued, but each Di^bonturo shall be distinguished by a 
 riiuiibor, by which it shall bo known and referred to. 16 Vic. ij 
 cap. 22, sec. 3, sub-soc. 8. 
 
 JJO. The CiOvernor-in-Council may direct that any such DebPntur 
 Debentures may, on the application of the holders thereof, be JY^'/ngfld* 
 e.\chan<;ed for another or others of the same amount of prin- 
 ci|)al, payuble absolutely at tlie same or any later date, and 
 bcarinjj; the same or any less rate of interest. 16 Vic. cap. 22, 
 sec. 3, sub-sec. 9. 
 
 40. The faid Debentures shall be held to be Debentures 
 issued by the Government of this Province thrcuph the 
 Rocoivcr-General thereof, within the meaning of the Act 
 respecting Hanks and Freedom of Banking, and of the Act 
 respecting the Duty on Hank Notes, and shall be available 
 accordingly for all the purposes of the said Acts or either of 
 them. 16 Vie. cap. 22, sec. 3, sub-sec. 10. 
 
 -41.. Any uiouc}i3 which are by law directed to be iuvestcd 
 by or under the directions of the Governor-in-Conncil, may be 
 invested in such Debentures. 16 Vic. cap. 22, sec. 3, t^ub- 
 sec. 10. 
 
 To bti within 
 the Acts Ta- 
 apectiaaTiea- 
 lioi;, of I'lirik- 
 inft, nnd 
 duty oa 
 biiok notes. 
 
 Any miiiifyn 
 may bj in- 
 ■veMed In 
 f iich debon- 
 iur«s. 
 
 49. Whcj., so far as relates to Upper Canada, it is noccs- inu.c. tho 
 sary to enable the said Upper Canada 3Iunicipal Loan Fund fun,'/',I5ay be 
 to meet tho charges upon it, the Oovernor-in-Couneil may appUfdin 
 from time to time direct the Keceiver-Ocneral to advance to Muuicip,"i 
 the said Fund, out of any unappropriated moneys forming i'0«>»^»'>'J- 
 part of the Fund arising out of moneys levied under the 
 authority of the Consolidated Statute for Upper Canada res- 
 pecting the Building Fund, the Lunatic Asylum and other 
 buildings, and known as " The Upper Canada Building Fund," 
 such sum as may be deemed expedient, and in like manner 
 direct the repayment of such sum from the said Municipal 
 j.oan Fund to the said Building I und. 16 Vic. cap. 22, sec. 
 4; 18 Vic. cap. 13, sec. 1. 
 
500 
 
 TIIK MUNICIPAL MANUAL- 
 
 Wliit 
 
 ai'CiiuDts to 
 be kopt. 
 
 ■Wlmt novce 
 the Kereier 
 
 fioueral to 
 
 give. 
 
 IVant of 
 notice not to 
 iillect, &c. 
 
 Ki^Iit por 
 cent, to be 
 phid yearly. 
 
 '.Vlipn 
 coupons re- 
 rcivHblo as 
 money. 
 
 43- The Receiver-General and the Treasurer of the Muni- 
 cipality shall respectively keep a correct account between the 
 Municipality and the Consolidated Municipal Loan Fund, 
 debiting the Municipality with the principal of each Debenture 
 issued for its purposes, and with the interest thereon as the 
 same becomes due, and any other expenses or liabilities in- 
 curred by reason of such Debentures, and crediting it with the 
 sums paid over to the Receiver-General to meet such principal 
 and interest, also with the proportionate share of the Munici- 
 pality in the proceeds of any moneys forming part of the 
 Sinking Fund, and invented by the Receiver-General, and with 
 any other sums received by him on account of the Munici- 
 pality. 16 Vic. cap. 22, sec. 5 
 
 44. The Receiver-General shall, three months before each 
 day in each year in which interest or principal will be payable 
 on the Debentures issued for the purposes of any Municipality, 
 notify the Treasurer thereof, by letter sent by post, of the sum 
 which he will, under {.he provisions of this Act, be required to 
 pay over to the Receiver-General by reason of such Debentures, 
 which sum such Treasurer shall pay over accordingly, IG Vic. 
 cap. 22, sec. 5. 
 
 45. The failure on the part of the Receiver-General to 
 give such notice shall not affect the obligation of the Treasurer 
 or of the Municipality, to pay over such sum at the time when 
 it ought to be so paid over. 16 Vic. cap. 22, sec. 5. 
 
 4C. The sum to be so paid at any time by the Treasurer 
 for his Municipality shall be at the rate of eigiit per centum 
 per annum on the amount of the Debentures issued for the 
 Loan in respect of which the payment is made, for the period 
 to which the payment reiates, and such further sum as may be 
 payable on the day in question for or on account of the prin- 
 cipal of such Debentures, less the sum applicable to the pay- 
 ment of such principal as may then stand at the credit of the 
 Municipality in account with the s^rid Fund ; and such pay- 
 ments shall continue to be made until all the Debentures arc 
 paid off in principal and interest, or until there be a sufficient 
 sum at the credit of the Municipality to pay off the same. 16 
 Vic cap. 22, sec. 5, sub-sec. 1. 
 
 49'. If the Treasurer has any of such Debentures in his 
 hands as the property of his Municipality, then the proper 
 Coupons for interest on such Debentures may be taken from 
 him by the Receiver General as money. 16 Vic. cap. 22, sec. 
 5, sub sec. 2. 
 
«^i«LMiavM»Pj^«i«>, 
 
 TUE MUNICIPAL MANUAL. 
 
 501 
 
 1- 
 
 Jie 
 
 k 
 
 Ire 
 
 le 
 
 le 
 hi 
 ii- 
 11 e 
 llh 
 ;i- 
 
 48. The difference between the said rate of eight percent, 
 and the actual interest payable on the Debentures, and all other 
 moneys whiuh ouie into the hands of the Receiver-General as 
 part of the said Fund, and are not required to pay the interest 
 of Debentures chargeable upon it, shall form a Sinking Fund, 
 and shall be from tiiac to time invested by the Receiver- 
 General, under the direction of the Goveruor-in-(?ounciI, and 
 the amount thereof shhll, with the proceeds of such invest- 
 ment (which shall also form part of the said Sinking Fund), 
 be applied under such direction to the redemption of Deben- 
 tures issued on the credit of the said Municipal Loan Fund. 
 10 Vic. cap. 22, sec. 5, sub-sec. 3. 
 
 40 Each Municipality shall be credited with a share of the 
 said Sinking Fund equal to the amount of the sums it has 
 paid into the same, and with a share of the proceeds of any 
 part of .he said Fund invested by the Receiver-General pro- 
 portionate to the sums it has paid into the same, and the time 
 during which such sums have remained in the said Siiikino 
 Fund ; and such share shall be accordingly applied to the 
 redemption of the Debentures issued for the purposes of such 
 Municipality. 16 Vic. cap. 22, sec. 5, sub-sec. 3. 
 
 •iO Each Municipality shall be debited with all sums paid 
 out uf the said Sinking Fund on its acoount. 16 Vic cap. 
 22, sec. 5, sub-sec 3. 
 
 tiB. The Receiver-General may pay the interest on any De- 
 benture, out of the said Sinking Fund, if in any case the other 
 moncy-i at his disposal for the purpose be insufficient, repaying 
 to the Sinking Fund, the amount so paid with interest, out of 
 the moneys which would otherwise be applicable to the pay- 
 ment of such interest so soon as the same come into his hands. 
 16 Vic. cap. 22, sec. 5, sub-sco. 4. 
 
 52. The Receiver-General may from time to time sell, 
 pledge or otherwise dispose of atiy securities in which any 
 part of the Sinking Fund may have been invested in case it is 
 necessary so to do in order lo enable him to. pay any sum 
 hereby made payable out of the Sinking Fund. 16 Vic. cap. 
 sec. 5, sub-sec. 5. 
 
 sinking 
 Fund. 
 
 How Sink- 
 ing Farul to 
 Ite credited 
 to Munici- 
 palititiS. 
 
 How debited 
 
 Whon iippll- 
 CHblo in p:iy- 
 mont of 
 interest. 
 
 Receiver- 
 General may 
 
 di:«P'l8H ot 
 
 seciuitit's. 
 
 •>•> 
 
 «S3 Whenever a by-law authorizing the raising of money 
 by liun, under this Act, has been passed by the Council of 
 any Municipality, and approved by the Governor-in-Council, 
 the Treasurer of sucfh .Municipality shall ipso fiivJo, without 
 any other authority or direction before the making out of the 
 
 Treasurer's 
 duty Hs to 
 yearly rate. 
 
502 
 
 THE MUNICIPAL MANUAL. 
 
 ordinary Collectors' Rolls in each year, if the by-law is then 
 in force, and if not, then at least three months before the 
 earliest day on which interest can be payable on any Deben- 
 ture issued under such by-law, ascertain the highest sura which 
 can be required during the year, to pay the interest (and the 
 principal if any be payable,) on or of Debentures issued or to 
 be issued under such by-law, and shall add five per centum 
 thereunto for losses and expenses, and shall certify the anictunt 
 in a notice to the Clerk of the Municipality, or if such Muni- 
 cipality be a County, then to the Clerk of each Township or 
 incorporated Town or Village therein, the portioa payable by 
 the sanae. 16 Vic. cap. 22, sec. 6. 
 
 54. The Clerk shall assess the amount so certified equally 
 
 iicw nppor- upon all the taxable property in his Municipality, and set down 
 
 on the ordinary Collectors' lloUs for the year, if it has nut 
 
 been previously delivered to the Collectors, the amount with 
 
 which each party or lot is chargeable, under the head of " Loan 
 
 Kate for {naming the piirpose)" or " County Loan Rate 
 
 for {naming the purpose,y' as the case may be. IG Vic. 
 
 cap. 22, sec. 6. 
 
 SS- If such amount be so certified to the Clerk after the 
 time in any year when the Collectors' Rolls have been de- 
 livered to the Collectors, then such Clerk shall forth .vith make 
 out Special Collf "tors' Rolls for the purpose in the form pre- 
 scribed for 01 '' Collectors' Rolls, so far as such form may 
 be applicable, ; 'shall deliver the same to the Collector. 1(3 
 Vic. cap. 22, sec. 6. ■ 
 
 30. If there be in the hands of the Treasurer at the time 
 
 If any funds of his giving such notice to the Clerk of the Municipality, any 
 
 rei'8 hands, moneys applicable to the pnyrnent of the principal or interest 
 
 of the Debentures to which such notice refers, the Treasurer 
 
 may deduct such sum from that to which the notice refers bciforo 
 
 adding the five per cent thereto. 16*Vic. cup. 22, sec. G. 
 
 5T- If the purpose for which the loan is raised be such a;j 
 to produce profit or to yield returns in money to the Muiiici- 
 thBuseof" pality, or if the money be loaned by it so as to produce interest 
 Uie moneys, ^^ if the capital be reimbursable to the Municipality, then the 
 Treasurer and the Mayor, or Head of such Municipiility miiy 
 enter upon the books of the Corporation, a coriiticate wigncd 
 by them in the following form : 
 
 Mui icipality of the Township of 
 
 We Certify to all whom it may concern, that out of the 
 Loan, raised under the By-law, No. — , intituled, " {Tillr. of 
 
 OleiVs 
 •iutios. 
 
 If profits 
 accrue trom 
 
THE MUNICIPAL MANUAL. 
 
 508 
 
 Bj/law,)" oa the credit of the Consolidated Municipal Loan 
 
 Fund, there has been invested the sum of in shares 
 
 of the stock of the B^fown and I'rescott Railroad Company 
 (or as the cafe may he), that this Municipality now holds 
 the said shares ; that there ought to be paid dividends thereon 
 during the present year, and that we have reason to believe 
 and do believe that there will be paid into the hands of the 
 Treasurer, as and for such dividends, before the thirty-first 
 
 day of December now next, the sum of , which sum, we 
 
 think, ought therefore, under the provisions of the Act inti- 
 tuled {title and date of this Act), to be deducted from the 
 sum which ought otherwise now to be raised on the taxable 
 property in this Municipality, in order to enable the Treasurer 
 to meet the payments which he is to make to the Receiver- 
 General during the present year, on account of the said loan. 
 Witness our hands this day of , 18 — . 
 
 Signatures, A. B., Treasurer. 
 
 {\ D., Mayor. 
 
 And the Treasurer may then deduct the sum mentioned in 
 such certificate from that to which the notice refers, before 
 adding the live per cent, as aforesaid, or if the sum mentioned 
 in the certificate be as great or greater than that to which the 
 notice would refer, then no notice shall at that time be given 
 to the Clerk or Clerks of the Municipality or Municipalities 
 concerned. 16 Vic. cap. 22, sec. 6. 
 
 58. If the net suin raised by any such rate as last afore- if Mnount 
 said bo greater than that required to enable the Treasurer to J^id^Sir 
 pay the Kecciver-General, the surplus shall re.nain in the surpiiiHtofc* 
 hands of the Treasurer and be applicable to payments to be ''*po««<i''^ 
 made to the Ueceiver-General for the next 'jnsuing year, on 
 account of the same loan. 16 Vic. cap. 22, seo. 6, sub-sec. I. 
 
 59- If the net sum raised be insufficient to enable the ifiuraffi- 
 Troa.'iurer to pay the required sum to the Receiver-General, a "''*°'' 
 new assessment shall be made as hereinafter provided in cases 
 of deficiency. 10 Vic. cap. 22, sec. 6, sub-sec. 1. 
 
 60 All sums of money coming to the Municipality as the integritjirf 
 protii.s dividends or returns from any work for whiyh the loan edfromwiT 
 has been authorized, or as interest or principal of any sum lent fworoe. 
 by the Municipality out of such loan, or otherwise howsoever 
 by reariun of such loan, shall be paid into the hands of the 
 Treasurer and bo by him carefully kept apart from all other 
 moneys, and paid over from time to time to the Receiver- 
 
504 
 
 THE MUNICIPAL MANUAL. 
 
 Whrn aildl- 
 tioniil rata 
 may be 
 imposed. 
 
 Interest on 
 arrears. 
 
 DiitieH anil 
 nubility of 
 collectors 
 and siirelieg. 
 
 What Trea- 
 Mirer to cer- 
 tify if funds 
 d»Dcieut. 
 
 General, to bo by him placed to the credit of the Municipality 
 with the Consolidated Municipal Loan Fund, except in so far 
 as it is otherwise especially provided in the 13y-law authorizing 
 such loan. 16 Vic. cap. 22, sec. 6, sub-sec. 2. 
 
 01. If the sum, or any part of the sum, which ought under 
 this Act to be paid over at any time by the Treasurer of any 
 Municipality to the Receiver-General, is not so paid over,faiid 
 if the Treasurer has not money in his hands applicable to the 
 same, or if the Treasurer foresees that he will not have the 
 means of paying over such sum or part thereof to the Receiver- 
 General at the time when it ought to be so paid over, iheii in 
 either case such Treasurer shall forthwith add 6ve per centum 
 to the sum wanting for such purpose, and certify the same to 
 the Clerk of his Municipality, or if such Municipality be a 
 County, then he shall certify to the Clerk of each Township or 
 incorporated Town or Village therein, the amount payable by 
 the same, and each Clerk receiving such notice shal' forthwith 
 make out a Special Collector's Roll for the amount so certified 
 to him, and deliver the same to the Collectors. 16 Vic. cap. 
 22, sec. 6, sub-sec. 3. 
 
 US. If any sum payable at any time by any Treasurer to 
 the Ueceiver-General, be not paid at such time, the Receiver- 
 General shall charge interest on such sum for the time it 
 remains unpaid, against the Municipality in account with the 
 Consolidated Municipal Loan Fund, and deducted from the 
 share of such .Municipality in the Sinking Fund. 16 Vic. cap. 
 22, sec. 6, sub-sec. 4. 
 
 03. The sums entered in any Collector's Roll by any Clerk 
 of a Municipality shall be collected and levied, and piiyiiient 
 thereof secured and enforced in like manner and under the 
 same provisions as other Municipal taxes, but the net proceeds 
 thereof shall be applied by the Treasurer solely to the purpose 
 for which they are directed to be raised. 16 Vic. cap. 22, 
 sec. 6, sub-sec. 5. 
 
 04. The Treasurer of any Municipality in arrear for any 
 sum of money under this Act or under any Consolidated Muni- 
 cipal Loan Fund Act heretofore passed, shall, within one 
 month after the time when such sum of money become? pay- 
 abl«, certify to the Secretary of the Province the total va'ucof 
 the assessable property, and the rate in the dollar in such 
 Municipality for the yea. next preceding sach default. 20 
 Vic. cap. 20, sec. 1, \itter part. 
 
THE MUNICIPAL MANUAL. 
 
 505 
 
 Gt> In case the Receiver-General certifies to the Governor 
 that any Municipality is in default for any sum of money 
 which outrht to be paid by the Treasurer thereof, to the 
 Receiver-General, the Governor may if he sees fit. at any 
 time after the expiration of three months from such default, 
 issue his warrant to the Sheriff, directiiij;; him to levy a rate 
 of not less than twelve and a half cents in the dollar on the 
 yearly value of the assessable property in the Municipality, or 
 a proportionate rate on the actual value of such property, 
 reckoning the yearly value at six per cent on its actual value. 
 20 Vic. cap. 20, sec. 1 j 16 Vic. cap. '22, sec. 7. 
 
 06- In cases in which the proceeds of such rate would, in 
 the opinion of the Governor, exceed the amount for which such 
 Municipality is in default and the costs of the levy, the Governor 
 may direct such less rate to be levied as will, in his opinion, 
 produce an amount fully sufficient to pay the sum for which 
 the Municipality is in default and the costs of the levy, and 
 the surplus (if any) shall be returned to the Municipality 
 according to law. 20 Vic. cap. 20, sec. 1. 
 
 67. The SheriflF shall obey the said warrant, and levy the 
 sums therein mentioned, in like manner and within the same 
 period as he would levy the same if it had been recovered 
 iiirainst the Municipality under a judirment of the proper 
 Court of law, and a writ of execution had issued thereupon 
 directed to him and comcnanding him to levy the same by 
 rate, and shall pay over the net proceeds to the Ueceivrr- 
 Gencral, and the co.sts allowed to the said Sheriff for executing 
 the Siiid warrant shall bo the same as those to which he would 
 be entitled for executing a writ of execution for a like sum. 
 IG Vic. cap. 22, sec. 7. 
 
 68. In case the Receiver-General certifies to the Governor 
 that any 3Iunicipality is in default, the Gove? lor may also 
 issue his warrant to the Sheriff, directing him to seize all goods 
 and chattels, lands and tenements, and other property or things 
 liable to be seized in execution, belonging to such Munici- 
 pality, and to sell the same, or so much thereof as may be 
 necessary to produce the amount for which such Municipality 
 is in default, and costs, as he would under execution against 
 such Municipality, and to pay the proceeds unto the Receiver- 
 General in liquidation of such atnount; but no School House, 
 Alms House, Fire Enuine or Fire Hoses or Engine House, 
 Court House or Gaol, or property required for the adniinistn- 
 tion of justice, shall lic seized or sold under such warrant. 20 
 Vic. cap. 20, sec, 2. 
 
 Whiit the 
 
 UeiiHral to 
 diitify to till' 
 Odvernor, 
 &c. 
 
 When ho 
 may direct a 
 letiM rat« to 
 be levied. 
 
 Sheriir's 
 dutiuii. 
 
 When the 
 (JoToi'nor 
 DiHy Uaxia a 
 warrant 
 a^rniust the 
 t^nVcts of a 
 Municipality 
 
50G 
 
 THE MUNICIPAL MANUAL. 
 
 The separa- O®- ^^ *^^^ ^^^^ °^ ^ ^^^" effected on tl .6 credit of the said 
 tionofuiiit- Consolidated Municipal Loan Fund by any union of two or 
 provided'for. more Counties then united for municipal purposes, but which 
 separate before such loan has been paid, and such Counties 
 upon such separation agree in the manner provided by law, as 
 to the part which each or any of them shall bear in tlie liabi- 
 lity arisinu; out of such loan, then such agreement shall be the 
 riilo by which the Receiver-General shall be guided in ascer- 
 taining the liability of each of such Counties, and the amount 
 to be paid by or levied upon each of them in respect of such 
 lo;in, in case of any default to pay any sum which ought to be 
 p.iid to the Receiver-General in respect of the same; and any 
 County having paid its share of such liability so ascertained, 
 shiiU not be liable in respect of the share thereof of the other 
 County or Counties united with it when the loan was effected. 
 20 Vic. cap. 20, sec. 3. 
 
 When share 
 of Clergy 
 fund niiiy lie 
 withheld. 
 
 Restrictions 
 as to future 
 ioans. 
 
 This Act to 
 
 t'xteiid to 
 ItylawH in 
 U C. passed 
 before loth 
 Novoniber, 
 1S52, or in 
 II mr.se of 
 imnsiiiK nn 
 ■.'.:5rd May, 
 
 70 The Governor may direct the Receiver-General to with- 
 hold the share of the Clergy Municipalities Fund accruino; or 
 which may accrue to any Municipality certified by the Receiver 
 General to be in default, or from the several Municipalities in 
 any County while such County is so certified to be in dotault, 
 and to carry such share or shares to the credit of such Muni- 
 cipality or County on account of such default. 20 A'ic. cap. 
 20, sec. 4. 
 
 71. After any Municipality has borrowed any money under 
 this Act or any Consolidated 5lunicipal Loan Fund Act, here- 
 tofore passed, it shall not contract any further debt without 
 the consent and approval of the Governor-in-(^ouiH;il, until 
 all dehts contracted by it under this Act or any such Consoli- 
 dated Municipal Loan Fund Act have been wholly paid off. 
 1(5 Vic. cap. 22, sec. 8. , 
 
 72. This Act and all the provisions hereof shall extend 
 and apply to any loan authorized by any hv-law of any Muni- 
 cipality in Upper Canada, passed on or before the tenth d-iy of 
 November, one thousand eight hundred and fifty-two, or which, 
 on such la,>5t mentioned day, was in couive of being passed 
 and was passed on or before the twerity-ihird d;iy of M;iy, one 
 thousand eight hundred and fifiy-thrce. for tlio purpose of aid- 
 ing in the construction of any Railwjiy for the niiiking of which 
 a company was incorporated before the tenth day of Novem- 
 ber, one thousand eight hundred and fifty-two, or incorpoiated 
 umier any Act passed during the Session of the Parliainentof 
 Canada, held in the t^ixtoenth year of Iler Majesty's Reign, 
 
THE MUNICIPAL MANUAL. 
 
 507 
 
 whether such assistance was given by taking Stock in such 
 Company or by loaning money to it, or for the improvement 
 of any navigable river or other work provided for by the Act 
 of incorporation, and also to any loan authorized by a by-law 
 of any Municipality, passed in manner and at the time afore- 
 said, authorizing the raising of a loan for the purpose of erect- 
 ing, repairing or improving any County building or buildings, 
 provided such loan had not been negotiated by the Munici- 
 pality under such by-law, before the tenth day of November, 
 in the year one thousand eight hundred and fifty-two. 16 
 Vic. cap. 22, sec. 9; 16 Vic. cap. 123, sec. 1. 
 
 73. This Act and all the provisions hereof, except as other- 
 wise herein provided, shall in like manner extend and apply 
 to any loan authorized by any by-law of any Municipality in 
 Lower Canada, passed before the eighteenth day of December, 
 one thousand eight hundred and fifty-four, under the provi- 
 sions of any Act authorizing the same, or for the purpose of 
 aiding in the construction of any railway for the making of 
 which a company was, on or before the day last aforesaid, in- 
 corponted or may be incorporated under any Act passed or to 
 be pnsscd, whether such assistance be given by taking Stock 
 in such company, or by loaning money to it, and also to any 
 loan authorized by any by-law of a Municipality passed before 
 the day last aforesaid, authorizing the raising of any loan for 
 the purpose of erecting, repairing or improving any Municipal 
 building. 18 Vic. cap. 13, sec. 5. 
 
 74. Hefore any such Municipality shall be entitled to 
 receive any money to be raised under the authority of any liy- 
 law pjissed at the time or in the manner in the seventy-second 
 and soviMity-third sections of this Act mentioned, a true copy 
 of the Hy-Iaw under which the money is to be raised, together 
 with affidavits of the Treasurer and Clerk of the Municipality 
 verifying the same, and such other information as the Governor- 
 inCdUticil requires, shall be transmitted to the Receiver- 
 General. 16 Vic. cap. 123, sec. 2. 
 
 7S- If the Governor-in-Council approves of such By-law, 
 it shall not be necessary to impose or levy annually the sum or 
 rate per pound which may have been fixed in such By-law to 
 pay the principal and interest of the loan, but such sum only 
 shall be levied and collected as may be necessary under the 
 provisions of the fifty-third to the sixty-third sections inclu- 
 sive of this Act, and all proceedings in connection with such 
 loan and By-law, or for the recovery of any sum of money 
 
 AIno to Uy- 
 lavrg in L. C. 
 pi>sed before 
 the 18th 
 December, 
 1854. Ac. 
 
 By-laws, &c, 
 relating to 
 sec8. 72 & l^, 
 to be laid 
 Iwfore the 
 Governor. 
 
 Iftlio 
 Governor 
 approTeP, its 
 effect as reH- 
 pects yearly 
 rates. 
 
rm 
 
 THE MUNICIPAL MANUAL. 
 
 rerfain 
 il»bt<ntiirea, 
 &i: , hmv to 
 b« (liiipos«d 
 of. 
 
 To whom 
 moneys 
 raiscrl v.nder 
 the72iicl iind 
 73r(l Bfctious 
 to be puid. 
 
 Authority 
 on which 
 Keot'iver- 
 Opnernl to 
 pay. 
 
 Tha dissolu- 
 lion of 
 Union of 
 Ciiiintit'S 
 l>rovidfd for. 
 
 Who to sign 
 orders iu 
 such cases. 
 
 which oufiht to be paid thereunder, may be had and taken n.s 
 if the said By-hiw had been passed for the purpose of raising 
 mono}' under this Act. 16 Vic. cap. 123, sec. 3. 
 
 70- ,A11 Debentures which have been or can be issued under 
 the authority of such Uy-laws as aro roferred to in the seventy- 
 second and seventy-third sections of this Act, shall bedcpusiied 
 with the Receiver-General before the Mutiicipality shiill be 
 entitled to receive any of the money to be raised under any 
 such By-law. or any Debenture secured upon the said fund 
 and deliverable by hiiu under the provisions of this Act, and 
 upon payment by the Municipality of the whule amount 
 payable in respect of such loan, such Debentures shall be 
 cancelled and destroyed in such luanner as the (jrovernor-in- 
 Council directs. 16 Vic. cap. 123, sec 4; 18 Vice. 13, s. 5. 
 
 7"7. The money raised on the Debentures issued and deli- 
 vered by the Ileceiver-General for and upoq the aforesaid 
 Debentures issued under any by-law mentioned in the .seventy- 
 second and seventy-third sections of this Act, shall be paid or 
 delivered by the Iteceiverticneral only on the joint order of 
 the Municipal ('ouncil and of the holders of such Debentures. 
 18 Vic. cap. 13, sec. 5, proviso 2nd. 
 
 78. The money rai.sed under any by-law mentioned in the 
 said seventy-second and .seventy-third sections of this Act shall 
 be paid by the Receiver-General only on the joint order of the 
 Head of the Municipality and the President of the Company 
 entitled to receive the same. 16 Vic. cap 123, sec. 4. 
 
 70 When any such by-law has been passed by the (Council 
 of any Union of Counties in Upper Canada, and such Union 
 is at any time dissolved after the passing of such by-law, the 
 several Counties of which such Uiiiim of (bounties was com- 
 posed, shall, except in the cases provided for in the si.vty-ninth 
 section of this Act, continue to be liable in respect of the loan 
 raised under such by-law as fully and effectually to all intents 
 and purposes as if such union had not been dissolved, and 
 except as aforesaid the Sheriff of the senior County shall have 
 power within every County whiith at the time of the passing 
 of such by-law formed part of the former Unions of Counties, 
 to levy any rate which he may bn required to eollcL't under 
 this Act, in the same manner as if such Union of ('ounties 
 had not been dissolved 16 Vic. cap. 123, sec 4. 
 
 8Q. In case of any dissolution of a Union of Counties as 
 aforesaid, the order hereinbefore mentioned shall be signed by 
 
THE MUNICIPAL MANUAL. 
 
 509 
 
 the 'lieatl , of the Municipality of the senior County of such 
 former Uriinn. IG Vic. cap. 123, sec. 4. 
 
 SI. No informality or irropularity in any By-laws referred infnrmiiiity 
 to ill the seventy-second and seventy-third sections of this Act, nottovluate. 
 or in the proceedings relative thereto anterior to the passing 
 thereof, shall in any way affect the validity of the same after 
 the Governor-in-Council has approved such By-law, and the 
 order in Council approving such By-law shall be held to cover 
 any such informality or irregularity, and the By-law shall be 
 valid, and proceedings may be had for enforcing the payment 
 by the Municipality (or in Lower Canada by the subdivision 
 of the Municipality on behalf of which the By-law was passed) 
 the Council whereof passed .such By-law and by the inhabitants 
 thereof under the provisions of this Act, as if the By-law 
 had been pa.ssed under this Act. VidelS Vic. cap. 13, sec. 6; 
 IG Vic. cap. 123, sec. 5. 
 
 82. Tn cape information.be given to the Receiver-General The case of 
 by or on behalf of any Munici\)al elector, affected by any such conSd'"*" 
 By-law as is referred to in the seventy-third section of this p^"",!^"* 
 Act, that the validity of such By-law, or of any Debentures i854. 
 issued under the authority of the same, had been contested 
 before a legal tribunal before the eighteenth day of December, 
 1854, the Receiver-General shall not pay on such Debentures 
 my nuiiiey raised on the said Fund until the validity of such 
 By-law or Debentures has been established by such tribunal, 
 or until the proceedings thereon have been waived or deter- 
 mined. 18 Vie. cap. 13, sec. 5. 
 
 83- This Act shall not be construed to give greater validity Forceofsnch 
 to any such ]^y-law passed before the day last aforesaid which Bylaws, &<.•. 
 had not on the day last aforesaid been sanctioned by the 
 Governor-in-Council, than was on such last mentioned day, 
 posse^Hed by such By-law; but thia provision shall not apply 
 to any such By-law after the Governor-in-Council has sanc- 
 tioned the same. 18 Vic. cap. 13, sec. 5. 
 
 8 J:. Nothing herein contained shall be held to authorize ijoans before 
 the raising of any loan under this Act when such loan had oovered 
 been negotiated or* the Debentures issued therefor sold to hereby, 
 any party before the passing of this Act. Vhh IS Vic. cap. 
 13, sec. 5, last proviso, and IG Vic. cap. 123, sec. G. 
 
 S.'S. The Debentures issued before this Act takes effect ^^^J^^Jf^e 
 upon the credit of the Consolidated lioan Fund for Upper this Act 
 
510 
 
 THE MUNICIPAL MANUAL. 
 
 take.s efTi'ct, 
 Ac ■ TaliJ. 
 
 luffrrretn- 
 tioo. 
 
 rrniiiiMo. 
 
 U Vic. c. 2i 
 
 Kxcfpt as 
 )iereiu men-' 
 tioned, no 
 further loan 
 to be raised 
 on the said 
 
 Caiiutltv or for Lower Canada, under the authority of the Acts 
 eytallishing a Consolidated Municipal Loan Fund for Upper 
 Canada and for Lower Canada respectively, and of an^ Act 
 amending the same, shall be and continue to be valid and legal, 
 as if this Act had not been passed. 18 Vic. cap. 13, sec. 3, 
 ■pro elm. 
 
 SO. In this Act the word ''Treasurer" shall include the 
 Cliambcrluin of any City; the word " Mayor" shall iiiclude 
 tlio "Warden of any County, and the official title of any officer 
 sliall include any person by whom his duties may be legally 
 performed; the word " iNfunicipality" shall include all local 
 Municipalities created under the Lower Canada Municipal 
 and Koad Act of 1855, or any Act amending the same, and 
 all (!urporatioiis in Lower C'anada, of Counties, Cities, incor- 
 porated Towns and Villages, Townships or Unions thereof, 
 Parishes or Unions thereof. Unions of Parishes and Townships, 
 whether there be Villages or not in such Unions ; aiul the 
 word *' Sheriif" shall include all Sheriffs of Judicial Districts 
 in Lower Canada. 16 Vic. cap. 22, sec. 10; 18 Vic. cap. lo, 
 sec. 8; 20 Vic. cap. 42, sec. 1. 
 
 87. And whereas by an Act of the Provincial Parliament, 
 pa;-;sed on the fuurth day of May, IS.W, intituled, fix; Pcign- 
 oiial Amendment Act of 1859, it was declared that certain ,-<ums 
 Would bo payable iu final settlement of certain claims arising 
 out of the abolition of the Seignorial Tenure in Lower Canada ; 
 and provision was made to charge any such sums upon the 
 unappropriated Consolidated Municipal Loan Fund of Lower 
 Canada, and for that purpose to restrain the issue of Donben- 
 tures by the Municipalities .in Lower Canada, under the 
 authority of the said Act ; and it was also expedient, to amend 
 the said Acts relating to the Consolidated Municipal Loan 
 Fund, that is to say, ihe Act passed in the sixteenth year of 
 Her ]NIajcsty'& Reign, chapter twenty-two, intituled, An Act 
 to ei^lahltsh a Com^oliilatcd Mmiiclpal Loan Fund for Lpprr 
 Canada, as extended and amended by subsequent Act.-*, and 
 to amend the same so as to afford relief to the Municipalities 
 which had raised money by Debentures issued under the said 
 Acts, and at the same time to secure the ultimate redemption 
 of such Debentures by the Municipalities respectively liable; 
 Therefore, except as hereinafter provided — no loan shall be 
 raised by any Municipality under the foregoing sections of 
 this Act, nor shall any Debentures bo issued under them to 
 any Municipality; but whenever the principal of any Deben- 
 tures that have been issued upon the credit of the Consolidated 
 
THE MUNICIPAL MANUAL. 
 
 Ml 
 
 Municipal Loan Fund cither of Upper or Lower Canadii 
 becomes due, the lleceiver-General, if he has then in his hands 
 no sufficient funds appropriated to pay the game, may, with 
 the consent of the Governor-in-Council, raise puch funds by 
 the issue of other Debentures upon the credit of the paid 
 Fund, redeemable at in such time as he deems expedient; buh 
 nothin<]^ in this section shall prevent the effect of any enact- 
 ment authorizing the redemption of any such Debentures by 
 the isjsue of Provincial Stock or Debentures ; but nuthinj: in 
 tlii.s bcetiun or iu the following Hcctions of this Act shall Lu 
 construed to prevent the i!>suo of Debentures under by-liws, 
 which had received the sanction of tlic Cuvcrnor-iii-Couiicil 
 before the 4th day of May, 185"J, but •under which by-laws, 
 Debentures had not beeu issued to the parties entitled to 
 receive the same; and the Governor-in-Council may anlho- 
 rize the issue, under the conditions of this Act, of Deben- 
 tures on the credit of the Consolidated Municipal Loan Fuml 
 for Lower Canada, to an amount not exceeding in the whole 
 four hundred thousand dollars, in addition to the amount 
 issued before the said 4th May, 1859, or agreed to be issued, 
 under by-laws sanctioned as aforesaid before that time. 22 
 Vic. cap. L5, sec. 1. (1859.) 
 
 88. A sura equal to the amount of five cents in the dollar 
 on the assessed yearly value, or a like percentage on the 
 interest at six per cent, per annuiu on the assessed value, of 
 all the assessable property in every Municipality wiiich has 
 raised money by Debentures issued under the Acts mentioned 
 in the prc.nmble, to the last precedivig section shall be pnid by 
 such ^Nlunicipality to the Receiver-General on or before the 
 first day of December, in the year one thousand eight hundred 
 and fiftj^-nine, and every v. u- thereafter, unless and until the 
 total amount in principal auii Interest payable by such Muni- 
 cipality to the Receiver-General under the said Acts by reason 
 of suoh loss have been paid and satisfied, or a smaller sui;i 
 shall be suSicient to satisfy the same in any year, in which 
 case such smaller sum only shall be so paid. lb. sec. 2. 
 
 80. The sum to be raised under the last preceding section 
 in any Municipality, shall never be less than the sum which 
 the said percentage on the assessed value of the assessable 
 property in such Municipality, according to the assessment 
 rolls for the year 1858, in the same IMunicipality, would have 
 produced ; — but if in any year the assessed value of the assess- 
 able property in such Municipality be less than it was in the 
 year 1858, the rate to be paid under the said last section to the 
 
 Municipal 
 l.uuD fund, 
 In: 
 
 I'riiviso: n* 
 tn llv-liiw« 
 ali'eiidy 
 
 K:inrlliiri.'il 
 
 I'lovis'i : .i 
 liiitliiT tvm 
 
 .*l('i',0!>ii:iiH.v 
 I'f linrroWHii, 
 
 Sum ot rale 
 t'i ho paid 
 yearly to the 
 litceivpr- 
 Opntrnl liy 
 tfjie .Muiiici- 
 I'.'ilitlis 
 which bATe 
 i\ii:-('il mom.) 
 iinrtpr thi' 
 euid Kiiiid. 
 
 Proviso ; 
 Hucb auni 
 uot to be 
 less than 
 the rate 
 would have 
 produced on 
 the aFscsstd 
 valno of 
 185S. 
 
512 
 
 TllK MUNICIl'A 
 
 NUAL. 
 
 Such sum to 
 till a flrHt 
 c'liarito on 
 
 tlltrfllllliHOf 
 
 the Muuld- 
 pallty. 
 
 Rcccivcr-Gcncrnl fhnll be so increased iis to make the sum so 
 piiyiiblc equal to what it would have been at the rate herein- 
 bc'l'ore njeiitiuncd on the nssessed vuluo of the year 1H5S— but 
 the said rate shall always be payable on any increased nsscssed 
 vahu! over that of the year 1858, lb. cap. 15, sec. 2, No. 2. 
 (1^59.) 
 
 00 The sum mentioned in the (wo last preceding sections 
 shall be the first ehar<;e upon all the funds of the MuriM'ipality, 
 for whatever purpose or utider whatever by-law they may 
 have been raised ; and no Treasurer or other officer of the 
 Municipality shall, after the first day of December, in the 
 year one thousand eij^ht hundred and fifty-nine, pay any sum 
 whatever out of any funds of the Municipality in bis hands, 
 until the sum then payable by the uiicipalily to the Ueceivor 
 Cicneral under this Act has bee ' to him ; and if any such 
 
 Treasurer or Municipal officer pi.^ uy sum out of the funds 
 of his Municipality, contrary to the provision hereinbcforo 
 made, he shall be deemed guilty of a misdemeanor, and shall 
 moreover be liable for every sum so paid, as for money received 
 by him for the Crown. 22 Vic. cap. 15, sec. 2, No. 8 (1850). 
 
 01- The sum aforesaid shall be instead of the payments 
 which the 3Iunicipality would otherwise be bound to make to 
 tlie Kecciver-General under the Acts hereinbefore mentiuncd ; 
 but if it be not paid as hereinbefore required, the Municip.ility 
 shall be held to be in default, and shall be liable to Ix; dealt 
 with in the manner provided by this Act with regard to Muni- 
 cipalities in default, lb. No. 4. 
 
 02. Nothing in the four last preceding sections of this Act 
 shall prevent any 31unicipality from raising a higher rale than 
 herein mentioned for the purpose of paying the sums pay.'ible 
 by such Municipality to the Keceivcr (jcneral, or from paying 
 a larger sum to him in any year than that hereby re(iuircd. 
 lb. No. 5. 
 
 03. The KeceiverGeneral shall charge interest in his 
 interesttoho accounts with Municipalities under the said Acts, and this 
 ohHigeil. p^^^ ^^ ^YiQ rate of six per centum per annum, on all moneys 
 
 paid by him for any 31unicipality, whether as principal or 
 interest, until the same arc repaid. lb. No. 6. 
 
 rate to be 04. Instead of the special rate mentioned in the fifty-third, 
 
 Bfead of'tiiat fiftj-lourth, fifty-fifth, fifty-sixth and fifty-seventh sections of 
 '■•'i"''"^'' *'y this Act, there shall, in the present year one thousand eight 
 oftiiisAct. hundred and fifty -nine, be levied upon all the assessable 
 
 Vi'tiiilty on 
 any Miitiici- 
 |)ni rfflciT 
 contravcn- 
 iiig this si'C- 
 tic'ii. 
 
 Tol.einHttiid 
 of iMjiDeiits 
 ifciuind l>y 
 pthi'i- Acts. 
 
 Municip.ility 
 nmy p«y ii 
 Ihigtir mm 
 In nil V vetr. 
 
THK MUNICIPAL MANUAL. 
 
 513 
 
 froperty in every Municipality which has raised money hy 
 )cbciitures issued under the Acts aforesaid, a rate uf five 
 cont.s iti the duUur upon the asseused yearly value, and n like 
 p(;iccnt!M.i,o on the interest at the rate of six per cent, por 
 nnmiMi uf the assessed value of such property, and a like rate 
 in each year thereafter, until the total sums payable as princi- 
 pal or interest to the Itecciver-General by reason of such 
 i)(.>bcnturcs, shall be paid off, or until a reduced rate shall bo 
 substituted by order in Council, as hereinafter mentioned. 2ii 
 Vic. cap. 15, sec, 3 (1859). 
 
 9Si. Such rate shall lac levied by virtue of this Act, but ""'» «<> to 
 shall be entered on the Collector's Rolls, and collected and paid 
 to the Treasurer of the Municipality in the same manner as 
 ordinary rates imposed by Municipal by-laws, and whether 
 any other rate is or is not imposed in the Municipality in the 
 same year. 22 Vic. cap. 15, sec. 3, No. 2. (1859.) 
 
 00. The proceeds of such rate shall be applied by theTrea- Arpiication 
 surer exclusively towards the payment of the sura payable by the ** ''"^^ "" 
 Municipality to the Receiver-General in each year, if such sum 
 be not then already paid, but if it be then already paid or there 
 be any .surplus of the said rate after paying it, the rate or sur- 
 plus may be applied to the other purposes of the Munieipality, 
 in like manner us the proceeds of other rates. Jb. No. 3. 
 
 07". Any Treasurer, Collector or other Municipal officer or j'.n.iityon 
 functionary, or any member of the Municipal Council, wilfully j^n-^^rgn'ot 
 noi^lectinji; or refusing to perform or concur in performing any (•(mipiving 
 oflicial act requisite for the collection of the said rate, or ]J^pt.'' * 
 misapplying or being a party to the misapplication of any 
 portion of the proceeds thereof, shall be held guilty of mis- 
 demeanor, and such Treasurer, Collector or other Municipal 
 officer, member or functionary and his sureties shall moreover bo 
 personally liable for any sum which, by reason of such neglect, 
 misconduct, refusal or misapplication, shall not be paid to the 
 Heceivcr-General at the tin)e required by this Act, as for 
 moneys received by such Member, Treasurer, Collector, or other 
 3[unicipal officer or functionary for the Crown, lb. No. 4. 
 
 it appears to the Governor-in-Council, upon Govemcr Id- 
 Reeeiver-General, that a lower rate in the gi]"^"",^"^ 
 
 98. Whenever 
 the Keport of the 
 
 dollar, than the rate aforesaid in any Municipality will be there- rate when- 
 after sufficient to pay the interest and contribution to the Sink- j^^ound'' 
 ing Fund payable by sucb Municipality in each year, under sufficient. 
 the Acts aforesaid, such lower rate may be substituted by 
 33 
 
514 
 
 THE MUNICIPAL MANUAL, 
 
 BvignorUl 
 Amendment 
 Act of 1859 
 elted. 
 
 order in Council for the rate aforesaid, for all the purposes of 
 this Act. lb. see. 4 (1859). 
 
 99. Whereas by the Act passed in the twenty-second year 
 of Her Majesty's Reign, intituled, The Seignorial Aiiicndment 
 Act of 1859, it is provided, that a sum of money bearii)<; tlio 
 same proportion to that which under the provisions of the K;aid 
 Act will be payable yearly to the Seigniors in Lower Canad.i. 
 as the population of the Townships of Lower Canada shall, by 
 the census of one thousand eight hundred and sixty-one, be 
 found to bear to that of the Se'gnories, shall be payable 
 yearly, out of Provincial Funds, to the credit of the Ijowei- 
 Ganada Municipal Loan Fund, 'but for the ber *^ of the 
 Townships only : and whereas it is necessary to provide for 
 the application of the said stim, to the purposes contemplated 
 by the said Act, therefore — 
 
 1. The said sum shall be diviu; ' mong the several Town- 
 ranaf^rento ships in Lowcr Canada, and the Town of Sherbrooke, in pro- 
 portion to their respective population as shown by the said 
 census of one thousand eight handredand sixty-one ; and in 
 the meantime advances may be made yearly to each of them, 
 according to such approximate estimate as the Governor-in- 
 Council, according to the best information obtainable, may 
 sanction, subject to adjustment in account so soon as such 
 proportion shall be established 
 
 2. It shall be lawful for the Governor-in-Council to direct 
 the Keceiver-Generul to pay the capital of the yearly sum 
 coming to any such Townships or to the said Town, at the 
 rate of seventy-five per cent, of such capital, in discharge of 
 the whole. 
 
 3. It shall be lawful for the County Council of any County 
 in Lower Canada including within its limits any Township or 
 Townships, and for the Town Council of the said Town of 
 Sherbrooke, to pass By-laws, with the approval of the Govcrnor- 
 in-Council, for appropriating the said yearly sum or capital, or 
 any part of either, for any public improvement or imprcve- 
 ments within the County or Town : Provided, that in Coun- 
 ties including a Seigniory or Seigniories, the County Council- 
 lors representing Municipalities composed of Townships or 
 
 {)arts of Townships, shall alone be entitled to vote on any By- 
 aw for such appropriation ; and such Councillors, or the majo- 
 rity of them, shall, as regards such By-law, form a quorum of 
 the Council, whatever be their number : And provided also, 
 that if such appropriation be not made by the Council of any 
 
 How the 
 
 Uie L. C. 
 Townibips 
 Rhell be 
 <lifid«d. 
 
 Adrancei 
 vtatf be made 
 
 Capital may 
 ke paid at 76 
 per cent. 
 
 Oountr 
 Ooancili 
 may appro- 
 priate luch 
 I am* by By- 
 law. 
 
 Pffofiio: who 
 ■w vote on 
 flwaiBylawB 
 
 >: if 
 tkaOoanty 
 Ooancil do 
 ■otmake 
 

 THE MUNICIPAL MANUAL. 
 
 515 
 
 such County within twelve months from the fourth day of the sppropri- 
 May, one thousand eight hundred and fifty-nine, the several J'^^rtJa"*" 
 local Councils in such County, with the like approval, may time, 
 pass by-luws for appropriating to the like use their share of 
 such yearly sum or capital ; and payment of such yearly sum 
 or capital shall be made for the purposes of such appropria. 
 tion only. 
 
 4. Any Municipality having the powers as well of a County Aa to certain 
 Council as of a local Council, shall be held to le a County M«»»ici»an- 
 Council within the meaning of this Act. 22 Vic. cap. 15, 
 5 (1859). 
 
 uo*. 
 
 sec. 
 
 100. Sd long as any sum of money u payable to the Beeeiver- 
 Receiver-General by any Municipality under the Aets afore- ^'ainmoney 
 said, or under the first eighty-six sections of this Aei, he may doe to the 
 always retain in his hands any sum of money which would ^^'''"'*' 
 otherwise be payable by him to such Municipality, crediting 
 
 the same 
 lb. sec. 6 
 
 to it, in his accounts with it under the said Acts. 
 
 101- In the eighty-seventh and following sections of this int«rprvtti- 
 Act,tho word "Treasurer" includes every Secretary- Treasurer, uTnworJs 
 Chamberlain, or other municipal officer or person entrusted 'J^*'* '" *•"* 
 with the custody of the funds of any Munt^ipality; the 
 expression " Assessment Roll" includes Valuation Rolls; and 
 the roll which is to serve for any year is the Roll for that year, 
 whatsoever be the year in which it was made ; the expression 
 '< Collector's Roll " includes any roll or document showing the 
 amount to be collected from each rate-payer; the word " Col- 
 lector'* includes the Secretary-Treasurer in places where that 
 officer collects the Municipal taxes ; and the word " Munici- 
 pality " includes incorporated Cities and Towns. 22 Vic. cap. 
 15, sec. 7 (1859). 
 
 109- Nothing in the eighty-seventh and following sections Act not to 
 of this Act shall be interpreted as legalizing aiiy By-law or jShBBt*iir"i.'! 
 proceedings had under the acts hereby amended, nor as legal- ^i^'""! 
 izing the issue of any Debentares on the credit of the Gonsoli- toIiT' 
 dated Municipal Loan Fund in consequence of such by-laws 
 and proceedings. lb. sec. 8. 
 
 As TO Sums fatablb under the Seignorial Tbxurc Acts. 
 
 103> In case the sums payable out of the Consolidated when a sum 
 Revenue Fund, under " The Seignorial Act of 1864," exceed ij,rtfcrthe 
 in the whole the total amount of the sums arising from the ezeiDeiTO 
 sources of revenue specially appropriated by that Act, and any 
 
>10 
 
 TUK MUNICIPAL MANUAL. 
 
 OauaJa. 
 
 sivaiitagoof interest allowed thereon, as therein provided, a sum eqaal to 
 cNimdu. . such excess shall be set apart to be appropriated by Parliament 
 
 for some local purpose or purposes in Upper Canada. 18 Vic. 
 
 cap 3, sec. 18, last clause. 
 
 i'ayments 104- The sum paid by the Receiver-General as interest 
 .I'p.'ioy. sec.' under the third section of " The Seignorial Amendment Act, 
 fiderediu" 1855," shall be taken into account in ascertaining the sum to 
 s':certaining which Upper Canada maybe entitled for local purposes under 
 .heB,Hnfor u The Seignorial Act of 1854," as in the last sectioii men- 
 tioned. 18 Vic. cap. 103, sec. 3, proviso. 
 
 1.05. A sum of money equal in amount to the capital at 
 six per cent, per annum, of the sum which under the provisions 
 of " The Seignorial Amendment Act of 1850," will be pjiyable 
 yearly to Sfeigniors in Lower Canada out of Provincial Funds 
 added to the sum of thirty-five thousand pounds payable to the 
 Seminary as therein also provided, shall be deducted from the 
 amount of the Lower Canada Municipal Loan Fund. 22 Vic. 
 cap. 48, sec. 19 (1859). 
 
 106. A sum of money equal to that which under the pro- 
 visions of the said ** Seignorial Amendment Act of 1859," will 
 be payable yearly to Seigniors in Lower Canada out of the 
 Provincial Funds, over and above the amount payable to them 
 out of the Fund for the relief of the censitaires under " The 
 Seignorial Act of 1854," shall be payable yearly out of the 
 Consolidated Revenue Fund of this Province to the credit of 
 the Upper Canada Municipal Loan Fund, in reduction of the 
 advances that have been or may be made from time to time 
 from Provincial funds on account of the said Fund. lb. 
 sec. 20. « 
 
 107. Such payment shall not in any way extinguish or 
 ra.Tmentt.ot diminish the individual liability of the Municipalities which 
 liability of havc bocome indebted upon the security or the said Loan 
 t^"!""''*'' Fund; but the said yearly sum shall, so soon as the Province 
 
 ceases to bft under advances to the said Loan Fund, be added 
 to the Upper Canada Municipalities Fund (Clergy Reserves), 
 and distributed in like manner; and so long as any Munici- 
 pality shall at any time be in default in any payment which 
 ought to have been made by it to the said Loan Fund, such 
 Municipality shall have no share in any distribution of the 
 Upper Canada Municipalities Fund (arising from the Clergy 
 Reserves) which shall be made while such Municipality is so 
 in default, and the share it would otherwise have had sh:ill go 
 to the other Municipalities. 22 Vic. cap. 48, sec. 20 (1859). 
 
 Sums paya- 
 bla to Seif?- 
 niorg UDder 
 This Act, to 
 >'e deducted 
 iiom tlie 
 Lower 
 ('annda 
 Municipal 
 i>;iu Fund. 
 
 Sum payable 
 t" Upper 
 Canada 
 Municipal 
 L'an Fund. 
 
THE MUNICIPAL MANUAL. 
 
 517 
 
 108. The suras payable under the two last sections, shall To be in 
 be in addition to the sum to be appropriated for local purposes Jum p"«y.ib!- 
 in Upper Canada under the Seignorial Act of 1854. lb. s. 20. ^^,f^^ Act of 
 
 109. A sum of money bearing the same proportion to that 
 
 which under the foregoing provisions will be payable yearly fo"'?hrben!)* 
 to the Seigniors in Lower Canada, as the population of the fit of the 
 Townships of Lower Canada shall, by the census of one {'^\\er '''* ' ^ 
 thousand eight hundred and sixty-one, be found to bear to Canada. 
 that of the Seigniories, shall be payable yearly, out of Provin- 
 cial funds, to the credit of the Lower Canada Municipal Loan 
 Fund, but for the benefit of the Townships only, including 
 St. Armand East and West, in the County of Missisquoi. 
 lb. sec. 21. 
 
 CON. STAT. CAN.— CHAPTER LXXXIV. 
 
 f 
 
 AN ACT RESPECTING REGISTRATION AND TRANSFER OF 
 MUNICIPAL AND CERTAIN OTHER DEBENTURES. 
 
 Whereas it would tend greatly to the increased value of rrcamiie. 
 Debentures issued under the authority of By-laws of Munici- 
 pal and other corporate bodies, passed for the purpose of 
 raising moneys, and also to the better security of the holders 
 of the same, that a system of Registration should be adopted, 
 and a priority of lien in respect thereof given under certain 
 conditions : Therefore, Her Majesty, by and with the advice 
 and consent of the Legislative Council and Assembly of 
 Canada, enacts as follows : 
 
 1. — Registration. 
 
 1. If not already done, it shall b* the duty of the Clerk or 
 Secretary-Treasurer or person acting as such, of every Muni- 
 cipal or Provincial Municipal Corporation, and of the Clerk or 
 Secretary, or person acting as such, of any other Corporate 
 ]5ody to transmit to the Registrar of the County or Registra- 
 tion Division in which such Municipal Corporation or other 
 corporate body or its principal oflSce is situated, on or before 
 the fourth day of November, 1859, a copy, duly certified 
 as hereinafter provided, of each and every By-law of such 
 Municipal or Provisional Municipal Corporation or other 
 corporate body, heretofore passed, under or by authority of 
 which respectively any sum or sums of money may hav© 
 been raised by the issue of Debentures, together with a 
 Return, in the form specified in the Schedule hereunto 
 annexed, marked A, showing the title or objects of each 
 
 If not alrea- 
 dy done, ivr- 
 tided copies 
 of all By- 
 laws pasFod 
 by Munici- 
 pal and cor- 
 porate bodie? 
 under whiiL 
 DebentureN 
 have issued, 
 shall be 
 transmitted 
 to thepropHr 
 Keisistrar 
 fortliwitl;, 
 toirether 
 with a !{'>- 
 turn as in 
 Schedule A. 
 
518 
 
 THE MUNICIPAL MANUAL, 
 
 Certified 
 copies of all 
 By-laws 
 under which 
 Debenturp* 
 Hre inteLded 
 to be ifBued, 
 to lie trans- 
 mittcd to the 
 proper Ri^gis- 
 trar, &c. 
 
 such By4aw, tho number of Debentures issued and the 
 amounts thereof respectively, the amounts already heretofore 
 paid or redeemed by the said Corporation on the account of 
 the same, the balance still remaining outstanding and payable 
 thereunder respectively, the dates at which the same respec- 
 tively fall due, and the amount of yearly rate to pay oif the 
 same, and the assessed value of the real and personal estate of 
 the Municipality or Company. 22 Vie. cap. 91, sec. 1 ; 22 
 Vic. cap. 28, sees. 1, 4 (1859). 
 
 S. It shall be the duty of the Clerk or Secretary-Trea^nrer' 
 person acting as such, of every Municipal or Provisional 31 u' 
 nicipal Corporation, and of the Clerk or Secretary, or person 
 acting as such, of any other corporate body, within two wocks 
 after the final passing of any by-law after this Act takes effect, 
 made and passed by such Corporation for the purpose of rais- 
 ing money by the issue of Debentures, and before the .sale or 
 contract for sale of any such Debentures issued or intended to 
 be issued thereunder, to transmit to the Registrar of the County 
 or Registration Division in which such Municipal Corporation 
 or other corporate body, or its principal office, is situated, a 
 copy, duly certified as hereinafter provided, of each and every 
 By-law hereafter made and passed as aforesaid by such Muni- 
 cipal or Provisional Municipal Corporation or other corporate 
 body, together with a Return, in the form specified in the 
 Schedule B, hereunto annexed, showing the title or objects of 
 each such By-law, the amounts to be raised thereunder, the 
 number of Debentures to be issued thereunder, the amounts 
 thereof respectively, the dates at which the same respectively 
 fall due, the assessed value ol the real and personal estate 
 belonging to such Corporation or Company, the assessed value 
 of the real and personal* estate of the Municipality, and tho 
 amount of yearly rate in the dollar to liquidate the same. 22 
 Vic. cap. 91, sec. 2 (1858). 
 
 3- The Clerk or Secretary-Treasurer, or person aciinj, us 
 Return to be such, of every Municipal or Provisional Municipal Corponuiun, 
 and the Clerk or Secretary, or person acting as such, ot any 
 other corporate body (excepting such as are in and by this 
 Act excepted^, shall, on or before the tenth day of January 
 in each year, transmit to the Auditor a Return, made up to the 
 thirty-first day of December then last past, in the form speci- 
 fied in the Schedule hereunto annexed, marked C, showing 
 the name of the Municipal or Provisional Municipal Corpora- 
 tion or other corporate body, the amount of its debt, if any, 
 distinguishing the amount of debt incurred under the Muni- 
 
 made to 
 
 Auditor, 
 
THE MUNICIPAL MANUAL. 
 
 519 
 
 re 
 of 
 >Ie 
 
 '>'J! 
 
 U 
 
 cipal Loan Fund Acts, if any, from the remainder of its debt, 
 the assessed value of the real and personal estate belonging to 
 such Corporation or Company, or the assessed value of the 
 real and personal estate of the Municipality, or both, as the 
 case may be, the total rates, if any, per dollar, assessed on 
 such last mentioned property for all purposes, and the amount 
 of interest due by the Corporation or Company, or by the 
 Municipality. 22 Vic. cap. 23, sec. 2 (1859). 
 
 4. The Auditor shall annually compile from the Returns Auditor to 
 so transmitted a statement in tabular form, showing the names Mmpiie 
 of the several Corporations in one column, and the contents suchRetniBi 
 of their respective Returns against their respective names in JJ^JV^, 
 otlier columns corresponding to those in the said Schedule ; Parliament, 
 und he shall cause copies thereof to be laid before each branch 
 of the Legislature within the first fifteen days of the session 
 next after the completion of the same, or if Parliament be 
 sitting when the same is completed, as soon as may be after 
 such completion. 22 Vic. cap. 28, sec. 3 (1859). 
 
 5- The Registrar of the County or Registration Division 
 in which such Municipal Corporation or other corporate body 
 or its principal office is situated, shall receive and file in his 
 office the several By-laws required to be transmitted to him as 
 hereinbefore provided, and shall cause to be entered in a book 
 provided for that purpose, true and correct copies of the Sewl'ifa. 
 Returns hereinbefore required by the first and second sections 
 of this Act. 22 Vic. cap. 91, sec. 3 (1855). 
 
 G- The Registrar of each County or Registration Division' 
 as aforesaid, shall provide a Book of Registration, wherein he 
 shall, at the request of the original holder or holders, or any 
 .subsequent transferee or transferees.thereof respectively, from 
 time to time, cause to be entered and registered the name of 
 such original holder or holders, or of such subsequent trans- 
 feree or transferees, and such holder or last registered trans- 
 feree in such Book of Registration shall be deemed primd 
 facie the legal owner and possessor thereof, lb. sec. 4. 
 
 7- All By-laws mentioned in the first section of this Act ^hkjh'ai- 
 shall be certified and authenticated in the case of a Municipal i*w shall b* 
 or Provisional Municipal Corporation, by the Seal of the Cor- ««'""•*• 
 porution, and by the head, and by the Clerk or Secretary- 
 Treasurer thereof respectively, being such at the time of the 
 date of such certificate and authentication ; and all By-laws 
 mentioned in the second section of this Act shall be certified 
 and authenticated by the Seal of the Corporation, and by the 
 
 Registrar to 
 file such Bj- 
 Ihws, and to 
 keep books 
 with copies 
 of the 
 Returns 
 required by 
 
 If requested, 
 the Regis- 
 trar may 
 refilster the 
 name of sack 
 holdtr of 
 any Deben- 
 ture, and 
 registration 
 tolM prim* 
 facie otI- 
 dence. 
 
i20 
 
 TIIK MUNICIPAL MANUAL. 
 
 signature of the head thereof, or of the person presiding; at 
 the meetinjij at which the original By-law has been ujade and 
 passed, and also by that of the Clerk or Secretary of such 
 Corporation j and all By-laws of other corporate bodies shall 
 be attested and authenticated by the Seal of such corporate 
 body and by the signature of the head thereof, lb, sec. 5. 
 
 8. The certiBed copies of all By-laws hereinbefore referred 
 ByiawF, to and" transmitted as aforesaid, and also the Returns in the 
 i^ksof first and second sections mentioned, and the book or 'books of 
 Btetry Oflice cntry of such Returns and of Registration, shall be open to 
 to be open to public inspection and examination, and access had thereto at 
 inapec on. ^^jj ggjjgonablc times and hours, upon payment of certain fees 
 as hereinafter provided. 22 Vic. cap. 91, sec. 6 (1858). 
 
 Fees to be 9. The following fees shall be paid to Registrars under thi.s 
 
 payable un- A „* . 
 (ler this Act. -^^^ ' 
 
 For registration of o^'^h certified copy of By-laws, the $ c. 
 
 sum of... 2 00 
 
 For registration oi any Returns, as prescribed in Sche- 
 dules A and B, for each such Return, the sum of 1 00 
 For registration of the name of holder or transfei'ee of 
 any number of Debentures not exceeding five, the 
 
 sum of .•. 25 
 
 Over five and not exceeding fifteen, the sum of .OO 
 
 Over fifteen and not exceeding thirty, the sum of 75 
 
 Upwards of thirty, the sum of 1 00 
 
 For making search, inspecting each copy of By-law, 
 and examining entries connected therewith (22 
 Vic. cap. 91, sec. 7) 100 
 
 Memin of ^®* ^° ^^ snch. cascs as require the submission of iiiiy By- 
 term "final law or By-laws to the Governor-General of this Province for 
 toBy"iaws''to ^'S Sanction, such sanction must first be obtained to bring the 
 besuhmittcd same within tl e meaning of the words " final passing thrcreof '' 
 GoTirnor. in the second scction of this Act. 7i. sec. 8. 
 
 11. The foregoing sections of this Act shall not extend to 
 extend*to° the By-laws or Debentures thereunder of any Railway (.Join- 
 HaUway pj^y gr any Ecclesiastical Corporation heretofore incorporated 
 or ticciesias- or hereafter to be incorporated, or the Debentures issued by 
 raUon8'"&c ^"J religious denomination in its corporate capacity, either in 
 Upper or Lower Canada, lb. sec. 9. 
 
 Penalty on 1®- Any Clerk, Secretary, or Secretary-Treasurer, as 
 C(f'*"t'i*^ aforesaid, of any Municipality or corporate body as aforesaid, 
 neglecting neglecting to perform, within the proper period, any duty 
 
THE MUNICIPAL MANUAL. 
 
 521 
 
 at 
 hd 
 Ich 
 jail 
 lute 
 
 red 
 
 Ithe 
 
 of 
 
 to 
 
 at 
 
 tees 
 
 c. 
 00 
 
 devolving upon liim in virtue of this Act, shall he subject to tiioir dntK-s 
 a fine of two hundred dollars, or in default of payment thereof pi.j.i Actand 
 to imprisonment until such fine is paid, but for a period not "''"Art. 
 exceeding twelve nionths, to be prosecuted for in the name of 
 the Attorney-General, in any Court having competent juris- 
 diction. 22 Vic. cap. 23, sec. 5 (1859), 
 
 Transfer. 
 
 13. Any Debenture heretofore issued, or issued after this Deiionturea 
 Act takes effect, under the formalities required by law, by any C«rg^r mav 
 Municipal or Provisional Corporation, payable to bearer or to be trannfer- 
 any person named tlierein or bearer, may be transferred by vcry!^ ''*''" 
 delivery, and such transfer shall vest the property of such 
 Debenture in the holder thereof, and enable him to maintain 
 
 an action thereupon in his own name. 18 Vic. cap. 80, s. 1. 
 
 14. Any Debenture issued as aforesaid, payable to any iftoorder.to 
 person, or to any person or order, shall (after general endorsa- "*" "'"^ ' 
 lion thereof by such person) be transferable by delivery from 
 
 the time of such endorsation, and the transfer shall vest the 
 property thereof in the holder, and enable him to maintain an 
 action thereupon in his own name. 18 Vic. cap. 80, sec. 2. 
 
 13. In any suit or action upon any such Debenture, it shal' fi"em)n!^'"^ 
 not bo necessary for the plaintiff to set forth in the declaration what facts ^o 
 or other pleading, or to prove, the mode by which he or any "''*?•. 
 other person became the holder of such Debenture, or to set 
 forth or to prove the notices, by-laws, or other proceedings ^ 
 
 under or by virtue of which the Debenture was issued, but it ..' ' 
 shall be sufficient in such pleading to describe the plaintiff as 
 the holder of the Debenture (alleging the general endorsation 
 if any), and shortly to state its legal effect and purport, and to 
 make proof accordingly. 18 Vic. cap. 80, sec. 3. 
 
 IG- Any such Debenture issued as aforesaid shall be valid amount *^"" 
 and recoverable to the full amount thereof, notwithstanding though dig- 
 its negotiation by such Corporation at a rate less than par, or hs^^um."** 
 at a rate of interest greater than six per centum per annum, 
 and shall not be impeachable in the hands of a bond fide holder 
 for value, without notice. 18 Vic, cap 80, sec. 4. 
 
 ly. This Act may be cited as "The Debentures Registra- 
 tion and Transfer Act." 22 Vic. cap. 91, sec. 11 (1858). 
 
522 
 
 THE MUNICIPAL MANUAL. 
 
 00 
 0) 
 
 a 
 a 
 
 u 
 
 O 
 
 
 
 ^ 
 
 
 ^ J 
 
 ^ 
 
 ^1 
 
 u 
 
 ^i^ 
 
 CO 
 
 8 
 
 
 r/1 
 
 a ® 
 
 
 .■ti.a 
 
 1 
 
 a -2 
 
 < 
 
 
 » 
 
 -si 
 
 1-3 
 
 «'S 
 
 
 3j 
 
 Cs 
 
 *H'^ 
 
 a 
 
 " >, 
 
 o 
 
 ••" 
 
 73 
 
 1-2 
 
 -a 
 
 CO 
 
 a 
 o 
 O 
 
 b 
 
 "3 
 a* 
 
 a 
 
 (4 
 
 
 -a.^ 
 
 
 . 
 
 
 
 <3S"s:: 
 
 B 
 
 
 
 l-i^ 
 
 1 
 
 
 
 
 *" 
 
 
 t- 
 
 
 
 
 I'^l^ 
 
 ■3 
 
 
 
 lie 
 
 p4 
 
 
 
 <""S 
 
 
 
 
 o 
 
 w2 
 
 
 
 lll. 
 
 ^ 
 
 
 
 
 ■0 3 £ ' 
 
 i 
 
 a »>5 
 
 ( 
 
 
 
 •< i^ 
 
 
 CO 
 
 -Ss 
 
 
 
 ►^0£. 
 
 
 
 ^£^3. 
 
 So tfi 
 
 m 
 
 
 
 Date 
 
 tun 
 
 Amou 
 
 to 
 
 
 
 = ° « * ? 
 
 
 
 >a 
 
 *^ a» HI 3B ^^ 
 
 
 • 
 
 
 h a 
 
 
 
 
 «=1 • 
 
 
 
 
 2'5S 
 
 
 
 
 a-SoS 
 
 
 
 ■^ 
 
 
 
 
 
 k 
 
 
 
 
 1 i 
 
 
 
 
 fi « 
 
 
 
 
 w ^ 
 
 
 
 w 
 
 Amonn 
 ander eac 
 
 
 
 
 S^ 
 
 2 
 
 
 
 
 a a 
 
 a 
 
 
 
 
 «< a 
 
 9 
 
 
 
 
 C3 S 
 
 o 
 
 
 
 
 ^1 
 
 a 
 
 
 
 (N 
 
 i 
 
 < 
 
 
 
 
 u 
 
 
 
 
 li 
 
 a 
 
 
 
 
 ?j 
 
 i5 
 
 
 ■ 
 
 
 Um 
 
 
 
 
 O 
 
 
 
 
 1 i 
 
 
 
 r-* 
 
 
 
 
 
 •s * 
 
 
 ^ 
 
 
 
 
 
 
 S 
 
 
 
 
 
 -3 
 
 rn 
 
 
THE MUNICIPAL I'lANUAL. 
 
 523 
 
 
 
 4J 
 
r.2-t 
 
 THE MUNICIPAL MANUAL. 
 
 ii 
 
 t». 
 
 ■5 S.$ 
 
 "•'•if 
 ■ssg 
 
 4b **. 
 
 ■sfi 
 
 c 
 
 «■ 
 
 o 
 73 
 
 a 
 o 
 
 CO 
 
 
 =* .s 
 
 
 ■s 
 
 5 =5 
 
 5 
 
 ■« 
 
 
 n» 
 
 r? 
 
 3 
 
 en 
 
 rn 
 
 
 
 
 
 
 
 o 
 
 
 
 
 CS 
 
 
 P 
 
 'B 
 ■ cr 
 
 s 
 
 H 
 
 u 
 
 5-3 
 
 W b ** M 
 
 9 « V. « 
 
 "•a £ " 
 "O S 5 S 
 
 9S I , 
 
 cj — t: t; 
 
 ra « « S 
 
 ■e > CO 
 
 ^"2 
 
 s. 
 
 c 
 
 ■£ I 
 
 tn 
 M 
 
 H 
 
 M 
 1-1 
 t-H 
 
 Ss 
 
 ^3 
 
 
 15^ 
 
 B — 
 
THE MUNICirAL MANUAL. 
 
 525 
 
 
 COX. STAT. CAN.-CHArTEn LXXXV. 
 
 AN ACT RESPECTING CERTAIN ROADS AND BRIDGKS. 
 
 Her Majesty, by and with the advice and con.sent of the 
 Legislative t'ouncil and Assembly of Canada, enacts as foliow.s . 
 
 1. The right to use as Public Highways all Roads, Streets Use of public 
 and Public Highways within the limits of any City or incor- ciue»anj 
 porated Town in this Province, shall be vested in the Munici- •<)»''» vested 
 pal Corporation of such City or incorporated. Town (except in dpaiuy. "" 
 so far as the right of property or other right in the land 
 occupied by such highways have been expressly reserved by 
 fionie private party when first used as such road, street or 
 higliway, and except as to any concession road or side road 
 within the City or Town where the persons now in possession 
 or those under whom they claim have laid out streets in such 
 City or Town, without any conipensatiou therefor, in lieu of 
 .such concession or side road. 13, 14 Vic. cap. 15, see. 1. 
 
 3. Such roads, streets and highways, so long as they remain ihe corpora- 
 open as such, shall be maintained and kept in proper repair *',""/".. 
 ])y and at the cost of such Corporation, whether they were ^''^'* '' 
 originally opened and made by such Corporation, or by the 
 Oovernmcnt of this Province, or of either of the late Provinces 
 of Upper or Lower Canada, or by any other authority or party. 
 13, 14 Vic. cap. 15, sec. 1. 
 
 St. If the Municipal Corporation of any such City or incor" 
 porated Town fail to keep in repair any such road, street or 
 highway within the limits thereof, such default shall be a 
 misdemeanor, fur which such Corporation shall be punished 
 by fine in the discretion of the Court before whom the convic- 
 tion is had ; and such Corporation shall be also civilly respon- 
 sible for all damages sustained by any party by reason of .^uch 
 default, provided the action for the recovery of such damages 
 be brought within three months after the same has been sus- 
 tained. 13, 14 Vic. cap. 15, sec. 1. 
 
 4- Any public road or bridge made, built or repaired at GoTemment 
 the expense of the Province, and which was, on the tenth day J^"feaed'to 
 of August, one thousand eight hundred and fifty, under the 
 management and control of the Commissioners of Public 
 Works, luay, by proclamation of the Governor, issued by and 
 with the advice and consent of the Executive Council, be 
 declared to be no longer under the management and control of 
 such Commissioners. 13, 14 Vic. cap. 15, sec. 2. 
 
 CoiiPpquHn- 
 ces of neglect 
 
620 
 
 THE MUNICIPAL MANUAL, 
 
 After which 
 Municlpnl 
 •uthorltlei 
 to repair. 
 
 tS. From and aflor a day to bo named in sucb Procliunation, 
 such road or bridge shall cease to bo under the management 
 and control of such Commissioners, and no tolls ehall bo by 
 them afterwards levied thereon, but such road or bridge Hhull 
 be under the control of the Municipal authorities of the loca- 
 lity and of the Road ofTicers thereof, in like manner with other 
 public roads and bridges therein, and shall bo maintained and 
 kept in repair under the same provisions of law. 13, 14 Vic. 
 cap. 15, sec. 2. 
 
 I! 
 
 Pergons 
 KoinK to or 
 rutiiriiInK 
 iroin divioe 
 gorvice 
 uxemptpd 
 from toll. 
 
 Vehiclec, 
 cattle, Ac, 
 eroaging 
 roadg when 
 a farm 
 divided by 
 the road, 
 exempted 
 from toll, 
 when. 
 
 Vehicles, &e. 
 laden with 
 manure 
 parsing from 
 Cities and 
 Towns 
 exempt from 
 tolls. 
 
 CON. STAT. CAN.-CHAPTKR LX.XXVI. 
 
 AN ACT EXEMPTING CERTAIN VEHICLES, HOUSES AND 
 OTHER CATTLE FROM TOLLS ON TURNPIKE ROADS. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Cunadu, cnucts as follows : 
 
 I. All persons going to or returning from Divine Service 
 on any Sunday or obligatory holiday, in or upon and with their 
 own carriages, horses or other beasts of draught, and also their 
 families and servants being in or upon and with such carriages, 
 horses or other beasts of draught, shall pass toll-free through 
 every turnpike or toll gate on any turtipiko road through 
 which they may have occasion to pass, whether such turnpike 
 road and the tolls thereon belong to the Province, or to any 
 local or Municipal authority, or body of Trustees or Commis- 
 sioners for local purposes, or to any incorporated or unincor- 
 porated Company, or to any other body or person. 7 Vic. 
 cap. 14, sec. 2. 
 
 3. No vehicle, laden or unladon, and no horses or cattle 
 belonging to the proprietor o occuj )f any lands divided by 
 any turnpike rnad, sTi ' iable to toll on passing through 
 any toll-gate on sm ^at whatever distance the same may 
 
 be from auy City o *vu) for the so! ^lurpose of going from 
 one part of the land:, «uch p uprietor or occupier to another 
 part of the same; Provided -ach vehicle, horses or cattle do 
 not proceed more than half a mile along such turnpike road, 
 either in going or in returning, and for farming ' domestic 
 purposes only. 7 Vic. cap. 14, sec. 3. 
 
 3. Every vehicle laden solely with manure, brought from 
 any City in Lower Canada, or any City or incorporated Town 
 in Upper Canada, and employed to carry the same into the 
 country parts for the purposes of agriculture, ai I the horse 
 or horses, or other beast of draught, drawing such vehicle, 
 
THE MUNICIPAL MANUAL. 
 
 627 
 
 0, 
 
 nt 
 
 ler 
 
 shall pass toll-free through every turnpike gate or toll-gate on 
 any turnpike road within twenty miles of such City or Town, 
 as well in going from sueh City or Town, as in returning 
 thereto, if then empty. 7 Vic. cap. 14, sec. 1. 
 
 4. This Act shall not extend to any toll bridge, the tolls on J^n ^t not 
 which are vested in any party other than the Crown. 7 Vic. brid^vii^ 
 cap. 14, see. 4. 
 
 CON. STAT. CAN.-CIIAl'TKn I.XXXVII. 
 
 AN ACT TO E^CEMPT FIREMEN FROM CERTAIN LOCAL 
 DUTIES AND SERVICES. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 1. Whenever any Company or Companies have been regu- 
 larly enrolled in 'any City, Town, or place in which the 
 formation of Companies of Firemen is by law authorized and 
 regulated, the corporate authorities or Board of Police in such 
 City or Town, or if there be no such authorities or Board, the 
 Justices of the Peace, of the District or County in which such 
 Town may be situate, in General Quarter Sessions assembled, 
 or the majority of them, being satisfied of the ofBcienoy of 
 such persons and accepting their enrolment, shall direct the 
 Clerk of the Peace for the District or County, to grant to each 
 memhjr of such Company a certificate that he is enrolled on 
 the same, which certificate shall exempt the individual named 
 therein, during the period of his enrolment, and his continu- 
 ance in actual duty as such Fireman, from Militia duty in 
 time of peace, from serving as a Juryman, or a Constable, and 
 from all Parish and Town offices. 4, 5 Vie. cap. 43, sec. 2. 
 
 3. The corporate authorities or Board of Police in any City 
 or Town, or if there be no such authorities or Board, the 
 Justices of the Peace for the District or County, or* the 
 majority of them, at any general or adjourned Sessions, upon 
 complaint to them made of neglect of duty by any individual 
 of such Fire Company, shall examine into the same; and for 
 any such cause, and also in case any individual of such Com- 
 pany be convicted of a breach of any of the rules legally made 
 for the regulation of the same, may strike off the name of any 
 such individual from the list of such Company, and thence- 
 forward the certificate granted to such individual as aforesaid 
 
 Tbo CO' pi I- 
 rate autb ii i- 
 tt)-ii, Ac , I II 
 any ctt; or 
 town. In 
 wbich a tire 
 Cnni|iany is 
 eatablished, 
 may cauie 
 the membern 
 of lucb Com- 
 pany to b« 
 exempted 
 from ferviug 
 as jarorn, 
 nnd from 
 certain otbtr 
 offices. 
 
 Such excin)!- 
 tion m.ty h» 
 taken avTay 
 in case of 
 misconduct 
 ou the part 
 of any mem- 
 ber of any 
 such Com- 
 pany. 
 
528 
 
 THE MUNICIPAL MANUAL. 
 
 Tlip Raid 
 authoritius 
 may cause 
 hu h Compa- 
 nies to hti 
 forhiril. (ir 
 ilt>ter siu'li 
 formation, as 
 fliey di-cm 
 ni.ist expe- 
 dient. 
 
 shall have no effect in exeraptinj; him from any duty or service 
 in the next preceding section of this Act mentioned. 4, 5 Vic. 
 cap. 43, •jCC. ?. 
 
 3. It shall be in the discretion of the corporate authorities 
 or Boards of Police, or of the Justices of the Peace for the 
 District or County as aforesaid, respectively, to consent to the 
 formation, as aforesaid, of any Fire Company in any such City, 
 Town or place, as aforesaid, or to defer the same until circum- 
 stances may in their opinion render it expedient that such 
 Company should be formed j and they may also, in their dis- 
 cretion, from time to time discontinue or renew any such 
 Company or Companies. 4, 5 Vic. cap. 43, sec. 3. 
 
 Firemeu 4. When any member of any Company of Firemen, regu- 
 
 havini? Jarly enrolled, in any City, Town or place in which the forma- 
 years ex- tion of Companies of Firemen is by law authorized and regu- 
 wTin«[n°°' ^"tc'^> ^^^^ regularly and faithfully served for the space and 
 <ertain tcriu of scvcn consfccutivo years in the same, the said member 
 shall be entitled to receive, upon producing due proof of his 
 having served seven consecutive years as aforesaid, a certificate 
 from the Clerk of the Peace of the District or County in which 
 ho resides, or from the Clerk of the corporate body or T^oard 
 of Polioo under whose authority the said Company has been 
 established, that he has been regularly enrolled and served as 
 a member of the said Fire Company for the space of, seven 
 years; and such certificaU shall exempt the individual named 
 therein from Militia duty in time of peace, from serving as a 
 Constable, and from all Parish and Town offices, but this shall 
 not exempt any such fireman from serving as a juryman. 12 
 Vic. cap. 36. 
 
 ofllces. 
 
 firomen 
 h:iviii}5 
 
 (•Bl veil F(!V 
 
 years euti- 
 tie* til a 
 
 ■'ertilicati' 
 tbat effeit 
 
 •S. The Municipal Council of any City wherein the forma- 
 ^„ tion or Companies of Firemen is by law authorized and 
 regulated, may by by-law enact that when a member of any 
 to Company of Firemen regularly enrolled in such City has 
 regularly and faithfully served in such Company for the space 
 and term of seven years consecutively, such member, upon 
 producing due proof of his having so served, shall receive a 
 certificate from the Clerk of the Council of the City or the 
 Clerk of the corporate body under whose authority the Com- 
 pany was established, that he has been regularly enrolletl and 
 served as a member of the said Fire Company for the space of 
 seven years. 14, 15 Vic. cap. 85, sec. i. 
 
THE MUNICIPAL MANUAL, 
 
 529 
 
 a. Such jortifioate shall exempt the iodividaal named Suchcertifl- 
 therein from the payment of any personal Statute Labour tax nemptfrom 
 thereafter, and from serving as a juror on the trial of any f**'"**^'/^'' 
 cause in any Court of law within thb Province. 14, 15 Vic. gervingu '^ 
 cap. 85, sec. 1. •'"«>"'• 
 
 CON. STAT. OAN.-OHAPTBB LXXXTHI. 
 
 AN ACT RESPECTING THE INVESTIGATION OF ACCIDENTS 
 
 BT FIRS. 
 
 Her Majesty, by i<K.d with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 1. The Coroner within whose jurisdiotion any City, or coroner to 
 incorporated Town, or incorporated Village in this Province, ^'*"'rtri'***f 
 lies, whenever any fire has occurred, whereby any house or ores^n cities, 
 other building in such City, Town or Village has been wholly l^ilales."*^ 
 or in part consumed, shall institute an inauiry into the cause 
 or origin of such fire, and whether it was kindled by design, or 
 was the result of negligence or accident, and act according to 
 the result of such inquiry. 20 Vic. cap. 36, sec. 2. 
 
 3. For the purpose aforesaid, such Coroner shall summon Evidence to 
 and bring before him all persons whom he deems capable of be^kcn or 
 giving information or evidence touching or concerning such *^ 
 fire, and shall examine such persons on oath, and shall reduce 
 their examinations to writing, and return the same to the 
 Clerk of the Peace for the District or County within which 
 they have been taken. 20 Vic. cap. 36, sec. 2. 
 
 3. It shall not be the duty of the Coroner to institute an suehinquirj 
 inquiry into the cause or origin of any fire or fires by which p°j^^e«ept 
 any house or other building has been wholly or partly con- P?^®'<^'^ 
 sumed, nor shall such inquiry be had, until it has first been stm^^^^' 
 made to appear to such Coroner that there is reason to believe 
 
 that such fire was the result of culpable or negligent conduct, 
 or design, or occurred under such circumstances as, in the 
 interests of justice and for the due protection of property, 
 require an investigation. 20 Vio. cap. 36, seo. 2. 
 
 4. The Coroner may, in his discretion, or in conformity j„^ ^^^ ^ 
 with the written requisition of any Agent of an Insurance jmpannetied 
 Company, or of any three householders in the vicinity of any «»«!***" 
 such fire, impannel a jury chosen from among the house- 
 holders resident in the vicinity of the fire, to hear the evidence 
 
 34 
 
530 
 
 THE MUNICIPAL MANUAL. 
 
 § 
 
 that may be adduced touching or concerning the same, and to 
 reader a verdict under oath thereupon in accordance with the 
 facta. 20 Vic. cap. 36, sec. 3. . .., , , 
 
 Coroner mnj ^. If any persou sammoned to appear before any Coroner 
 attondmneeof acting Under this Act, neglects or refuses to appear at the time 
 witnesses, gg j place Specified in the summons, or if any such person 
 appearing in obedience to any such summons, refuses to be 
 examined or to answer any questions put to him in the course 
 of his examination, the Coroner may enforce the attendance 
 of such person, or compel him to answer, as the case may 
 require, by the same means as such Coroner might use in like 
 cases at ordinaiy inquests before him. 20 Vic. cap. 36, sec. 4. 
 
 Punishment C If any person, having been duly summoned as a juror 
 Rttondin °°* "P°° '"y ^^^^ inquiry, does not, after being openlj- called 
 £c. ' three times, appear and serve as such juror, the Coroner may 
 impose upon the person so making default such fine as he 
 thinks fit, not exceeding four dollars ; and such Coroner shall 
 make out and sign a certificate containing the name, residence, 
 trade or calliqg of such person, together with the amount of 
 the fine imposed, and the cause of such 6ne, and shall transmit 
 the certificate to the Clerk of the Peace in the Di.'itrict or 
 County in which such defaulter resides, on or before the first 
 day of the Quarter Sessions of the Peace then next ensuing for 
 suoh District or County, at.d shall cause a copy of such certi- 
 ficate to be served upon the person so fined, by leaving it at 
 his residence, within a reasonable time after such inquest ; and 
 all fines and forfeitures so certified by suoh Coroner shall be 
 estreated, levied and applied in like manner, and subject to 
 like powers, provisions and penalties in all respects, as if they 
 had been parts of the fines imposed at such Quarter Sessions. 
 20 Vio. cap. 36, sec. 5. 
 
 Certain ^- Nothing herein containei shall aflfect any power by law 
 
 powers of vestod in any Coroner, for compelling any person to attend 
 %3*b?affected Bod aot 88 a juror, or to appear and give evidence before him 
 on any inquest or other proceeding, or for punishing any 
 person for contempt of Court in not so attending and noting, 
 or appearing and giving evidence, or otherwise, but all such 
 powers shall extend to and be exercised in respect of inquiries 
 under this Act. 20 Vic. cap. 36, sec. 5. 
 
 la-pectorsof ®' "^^^ Inspector and Superintendents of Police or Recor- 
 i'oiicuto" ders for the Cities of Quebec and Montreal, shall have, with 
 under'^hTs"' regard to fires occurring within the said Cities respectively, all 
 At at ihe powers, authorities and duties conferred on Coroners by 
 
 Fine?, and 
 i 3W levied. 
 
THE MUNICIPAL MANUAL. 
 
 531 
 
 this Act; and within the said Cities all such inquests or Quebec ana 
 inquiries shall bo held respectively by such Inspectors and *'*'"*"'■'• 
 Superintendents of Police or the Recorders thereof. 20 Vio. 
 cap. 36, sec. 6. 
 
 9. When any such inquiiy has been held by the Coroner, AUowaooe 
 and not by any other officer as aforesaid, in conformity with j," wiS^"*" 
 this Act, the Coroner holding the same shall ^e entitled there- in^'riei, 
 for to the sum of ten dollars ; and should the said inquiiy paid. "^ 
 extend beyond one day, then to ten dollars per diem for each 
 of two days thereafter, and no more : And the official order of 
 such Coroner for the same upon the Treasurer of the City, 
 Town or Village in which such inquiries have been holden, 
 shall be a sufficient warrant to, and the said Treasurer, out of 
 any funds he may then have in the Treasury, shall pay the 
 same upon the presentation of such order. 20 Vic. cap. 36, 
 sec. 7; see 4, 5 Vio. cap. 24, sec. 8 , , .., 
 
 OON. 8TAT. CANv— OBAPTKR XOT. 
 AN ACT RESPECTING LOTTERIES. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 |. If any person mbkes, prints, advertises or publishes, or 
 causes or procures to be made, printed, advertised or published, 
 any proposal, scheme or plan for advancing, lending, giving, 
 selling, or in any way disposing of any property, either real or 
 personal, by lots, cards, tickets or any mode of chance what- 
 ever, or sells, barters, exchanges, or otherwise disposes of, or 
 causes or procures, or aids ot assists in the sale, barter, exchange 
 or other disposal of, or offers for sale, barter or exchange any 
 lot, card, ticket, or other means or device for advancing, lending, 
 giving, selling, or otherwise disposing of any property, real or 
 personal, by lots, tickets, or any mode of chance whatever, such 
 person shall, upon conviction thereof before any Mayor, Alder- 
 man, or other Justice of the Peace, upon the oath of any one 
 or more credible witnesses, or upon confession thereof, forfeit 
 the sum of twenty dollars for each and every such offence, 
 together with costs, to be levied by distress and sale of the 
 offender's goods, by warrant under the hand and seal of any 
 such Mayor, Alderman or other Justice of the Peace of the 
 City, Town, County or place whore such offence has been 
 committed ; which said forfeiture shall be applied, half to the 
 
 Penatt/ fbr 
 making or 
 publlabiug a 
 lottery or 
 Bcbeioe of 
 any kiad. 
 
 How 
 iitiforeed 
 and applied. 
 
532 
 
 \\k 
 
 
 THE MUNICIPAL MANUAL. 
 
 baying or 
 reoelTlug 
 lottery 
 ticket!. 
 
 Sales, gifts, 
 Ac, founded 
 on lotteries, 
 to be null 
 and void. 
 
 informer, and the other half shall be paid to the Treasurer or 
 Chamberlain of the Munioipality in which suoh ofiV nee was 
 committed, and shall form part of the funds thereo^. 19 Vic. 
 cap. 49, sec. 1. 
 
 Penalty for 5|. Any pexson buying, bartering, exchanging, taking or 
 receiving any such lot, card, ticket, or other device as in the 
 first section of this Act mentioned, shall, upon conviction 
 thereof, in like manner as therein mentioned, forfeit the sum 
 of twenty dollars for each offence, to be recovered and applied 
 as aforesaid. 19 Vio. cap. 49, sec. 2. 
 
 3- Any sale, loan, gift, barter or exchange of any real or 
 personal property, by any lottery, ticket, card, or other mode 
 of chance whatever, depending upon, or to be determined by 
 chance or lot, shall be void to all intents and purposes what- 
 soever; and all such real or personal property so sold, lent, 
 given, bartered or exchanged, shall be forfeited to such person 
 as will sue for the same by action or information in any Court 
 of Record in this Province. 19, 20 Vic. cap. 49, sec. 3. 
 
 As to 4- No such forfeiture shall affect any right or title to such 
 
 without" ""^"^ ^^ personal property acquired by any bona fide purchaser 
 notice. for valuable consideration without notice. 19, 20 Vic. cap. 
 49, sec. 3. 
 
 Committal 
 for non-pay- 
 ment of 
 Iienaltlea. 
 
 tS. If any person so convicted as aforesaid, has not sufficient 
 goods and chattels whereon to levy the penalties authorized 
 by this Act, or does not immediately pay the said penalties, or 
 give security for the same, such Mayor, Alderman or other 
 Justice, convicting such person, shall commit him to the 
 common gaol of the County or District in which the offence 
 was committed, for a period not exceeding three months, 
 unless suoh fine and costs be sooner paid. 19, 20 Vic. cap. 
 49. sec. 4. • • 
 
 6. The provisions of this Act shall extend to the printing 
 
 or publishing, or causing to be printed or published, of any 
 
 i«n lottery advertisement, scheme, proposal or plan of any foreign lottery, 
 
 chemea. and to the sale or offer for sale of any ticket, chance or share 
 
 in any suoh lottery, or to the advertisement for sale of such 
 
 ticket, ohuce or share. 19, 20 Vie. cap. 49, sec. 5. 
 
 7' The term " personal property," in this Act, shall include 
 
 tk>D cSamk 6^6^y description of money, chattel and valuable security, and 
 
 every kind of personal property, whatever; and the term 
 
 " real property shall induae every description of land, and 
 
 all estates and interests therein. 19, 20 Vic. cap. 49, sec. 6. 
 
 Act to extend 
 to publica- 
 tion of for 
 
 ef 
 scl 
 
THE MUNICIPAL MANUAL. 
 
 533 
 
 H- Any person convicted under this Act shall have the Appeidftom 
 same rieht of appeal from the judgment of the convicting <»nTiction« 
 
 T ,• *' . .u c • 1- t ^ "Oder f>l« 
 
 Justice, as in other cases of summary convictions, where an Act. 
 appeal is allowed by law. 19, 20 Vic. cap. 49, sec. 7. 
 
 9. Nothing in this Act contained shall prevent joint tenants, Act not to 
 or tenants in common, or persons having joint interests, droits bcmflde 
 indivis, in any real or personal property, from dividing such *'»'«'on o' 
 property by lot or chance, in the same manner as if this Act eommon. 
 had not been passed. 19, 20 Vic. cap. 49, sec. 8. 
 
 Penalty on 
 penoni guil- 
 ty of croelty 
 to animals. 
 
 CON. STAT. oan.-^haptkr;xovi. 
 
 AN ACT RESPECTING CRUELTY TO ANIMALS. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 1. If any person wantonly, cruelly, or unnecessarily beats, 
 binds, ill-treats, abuses or tortures any Horse, Mare, Gelding, 
 Bull, Ox, Cow, Heifer, Steer, Calf, Mule, Ass, Sheep, Lamb, 
 Pig or other cattle, or any Poultry, or any Dog or domestic 
 animal or bird, or if any person driving any cattle or other 
 animal is by negligence or ill-usage in the driving thereof, the 
 means whereby any mischief, damage or injury is done by 
 any such cattle or other animal, every such offender, being 
 oonricted of any or cither of the said offences, before any one 
 Justice of the Peace for the City, Town, District or County in 
 which the offence has been committed, shall, for every such 
 offence, forfeit and pay (over and above the amount of the 
 damage or injury, if any, done thereby, which damage or 
 injury shall and may be ascertained and determined by such 
 Justice) such a sum of money, not exceeding ten dollars nor 
 less than one dollar, with costs, as to such Jusice seems meet. 
 20 Vic. cap. 81, sec. 1. 
 
 3. The offender shall, in default of payment, be committed Iq defkuit. 
 to the common gaol or house of correction for the City, Town, 
 District or County in which the offence was committed, there 
 to be imprisoned for any time not exceeding fourteen days. 
 20 Vic. cap. 31, sec. 1. 
 
 3. Nothing in this Act contained shall prevent or abridge Any other 
 any remedy by action against the employer of any such ^JSon'iIwwi 
 offender, where the amount of the damage is not sought to be 
 recovered Ijy virtue of this Act. 20 Vic. cap. 31, sec. 1. 
 
 Penalty and 
 damagee, 
 how enforced 
 

 Aa to bind- 
 ing animals 
 carried to 
 market. 
 
 Warrant 
 not required 
 by those who 
 >^ee the 
 offence com- 
 mitted. 
 
 534 THE MUNICIPAL MANUAL. 
 
 4 Nothing hereinbefore contained shall make it unlawful 
 for any person to bind any sheep, lambs, calves or pigs for the 
 purpose of conveying and delivering them to or at any market, 
 at a distance not exceeding fifteen miles from the owner's 
 house or premises; but such animals shall not remain so bound 
 for a longer space than half-an-hour after their arrival at such 
 market. 20 Via cap. 81, sec. 1. 
 
 5. When any of the said offences happen, any constable or 
 other peace officer, or the owner of any such horse, cuttle, 
 animal or poultry, uf on view thereof, or upon the information of 
 any other person (who shall declare his or their name or names 
 and place or places of abode to the said constable or other 
 peace officer) may seize and secure, by the authority of this 
 Act, and forthwith and without any other authority or warrant, 
 may convey any such offender before a Justice of the Peace 
 within whose jurisdiction the offence has been committed, to 
 be dealt with according to law ; and such Justice shall forth- 
 with proceed to examine upon oath any witness or witnesses 
 who appear or are produced to give information touching any 
 such offence, which oath the said Justice may administer. 20 
 Vic. cap. 31, sec. 4. 
 
 6. If any person, apprehended for having committed any 
 offeree against this Act, refuses to discover bis name and 
 place of abode to the Justice before whom be is brought, such 
 person shall be immediately delivered over to a constable or 
 other peace officer, and shall by him be conveyed to the com- 
 mon gaol or house of correction for the City, Town, District or 
 County within which the offence has been committed, or in 
 which the offender has been apprehended, there to remain fur 
 a space not exceeding one month, or until he makes known his 
 name and place of abode to the said Justice. 20 Vic. cap. 
 81, sec. 5. 
 
 7. The prosecution of every offence punishable under this 
 Act must be commenced within three months next after the 
 commission of the offence, and not otherwise ; and the evidence 
 of the party complaining shall be admitted in proof of the 
 offence, and may be accepted as sufficient in the absence of 
 any other evidence. 20 Vic. cap. 41, sec. 6. 
 
 Onmmittiii of 8- In evcry oasc of a couviction Under this Act, wherc the 
 non°^yinent ^'*™ awarded for the amount of the damage or injury done, or 
 of penalty or imposed as a penalty by any such Justice as aforesaid, for any 
 offence contrary to this Act, if not paid either immediately 
 upon or afler the conviction, or within such period as such 
 
 Committal 
 of perxons 
 apprehended 
 and refusing 
 to giro their 
 names. 
 
 limitation 
 of auiti. 
 
 £Tidence. 
 
 damage*. 
 
THE MUNICIPAL MANUAL. 
 
 535 
 
 
 Justice at the time of the conviotion appoints, auoh Jastice 
 (unless where otherwise specially directed) may commit the 
 offender to the common gaol or house of correction, there to 
 be imprisoned only, or to be imprisoned and kept to hard 
 labour fur any term not exceeding fourteen days, where the 
 amount of the sum awarded or the penalty imposed, or both 
 (as the case may be), together with the costs, do not exceed 
 twenty dollars, and for any term not exceeding two months 
 where the amount with costs exceeds twenty dollars ; the com- 
 mitment to be determinable in each of the cases aforesaid npon 
 payment of the sum or sums awarded and costs. 20 Vic 
 cap. 31, sec. 7. 
 
 9. Tn all cases in which no other mode of proceeding is sammons cf 
 specially provided or directed by this Act, and in any case cwuirca^cj 
 where the person is not conveyed before any Justice by the 
 authority of this Act, any such Justice as aforesaid, upon 
 information or complaint made by any person of any offence 
 against the provisions of this Act, within fourteen days next 
 afler the commission of the offence, shall summon the party 
 accused to appear before such Justice, or before any other Prooeedings 
 Justice of the Peace, at a time and place to be by him named, ^pointed 
 and either on the appearance of the party accused or in default f°' ^'" 
 thereof, such Justice or any other Justice, at the time and 
 place appointed for such appearance, may proceed to examine 
 into the matter, and upon due proof made thereof, by voluntary 
 confession of the party, or by oath of a credible witness, shafl 
 award, order, give judgment, or convict for the damage or 
 injury, penalty or forfeiture, as the case may be. 20 Vic. cap. 
 31, sec. 8. • ' 
 
 Form of 
 
 oonviction 
 
 provided. 
 
 lO. In every case where there is a conviction for any 
 offence contrary to this Act, the same shall be drawn or made 
 out according to the form following, or to the effect thereof, or 
 as near thereto as may be : 
 
 County (or as the ") Be it rt'menibered, that on the Tijeform. 
 
 case may be) of j day of — -, in the year of our Lord 
 
 , at , in the County {or as the cote may ie) of , 
 
 A. B. is convicted before me, J. P., one of Her Majesty's 
 Justices of the Peace for the sai)l County ('>r at the cats may 
 
 he), for that he the said A. B., on the day of , in 
 
 the year , at ; in the said , did (here vpecify the 
 
 offence) ; and I, the said J. P., do adjudge the said A. B., for his 
 said offence, to forfeit and pay the sum ot (here state the penalty 
 actually imposed, or the penalty and also the amount of dam- 
 
536 
 
 Service of 
 summons. 
 
 Penalty on 
 Peace officers 
 refusing to 
 serve any 
 Bummona or 
 execute any 
 vrarrttnt. 
 
 Application 
 of penalties. 
 
 THE MUNICIPAL MANUAL. 
 
 ages f<tr the injury done, or as the case may be) and also to 
 
 pay the sum of for costs, and in default of immediate 
 
 payment of the said sums, to be imprisoned in the {and 
 
 as the case may be), to be there kept at hard labour for the 
 
 space of , unless the said sums shall be sooner paid : and 
 
 I direct that the said sum of (^the penalty) shall be paid as 
 follows, that is to say : one moiety thereof to the -; — of the 
 
 said , of , to be by applied according to ; 
 
 and the other moiety thereof to C. D., of , the prosecutor 
 
 (or as the case may be) ; and that the said sum of {the 
 
 sum for the amount of injury done, if any sum is awarded) 
 shall be paid to E F. {or the said C. D., as the case may be) ; 
 
 and I order that the said sum of for costs shall be paid 
 
 to the said C D. 
 
 Given under my hand and seal, the day and year first above 
 mentioned. (20 Vie. cap. 31, sec. 9.) 
 
 J. P. [L. 8.] 
 
 11. A summons issued by any such Justice, requiring the 
 appearance of an offender against any of the provisions of this 
 Act, shall be deemed to be well and sufficiently served, in case 
 either the summons or copy thereof be served personally on 
 such person as aforesaid, or be left at his usual or last known 
 place of abode, in whatever County or place the same may be 
 served or left. 20 Vic. cap. 31, sec. 10. 
 
 19. If any Constable or other Peace officer refuses or neg- 
 lects to serve or execute any such summons or warrant, every 
 such Constable or Peace officer, being convicted thereof upon 
 the information of any person before a Justice of the Peace, 
 shall forfeit such sum, not exceeding twenty dollars, as the 
 Justice may award, and in default of payment thereof shall be 
 committed by such Justice to the County gaol or house of 
 correction of the Oity, Town District or County in which such 
 Justice has jurisdiction, there to be kept for a space of time 
 not exceeding one month, unless the penalty be sooner paid. 
 20 Vic. cap. 81, sec. 11. 
 
 13. All pecuniary penalties recovered before any Justice 
 of the Peace under this Act, shall be divided, paid and distri- 
 buted in the following manner, that is to say: one moiety 
 thereof to the Treasurer of the City, Town, Village, Township 
 or Parish in which the offence was committed, to be by such 
 Treasurer applied in repairing streets or roads therein, and the 
 other moiety, with full costs, to the person who informed and 
 prosecuted for the same, or to such other person as to such 
 Justice may seem proper. 20 Vic cap. 31, sec. 12. 
 
THE MUNICIPAL MANUAL. 
 
 537 
 
 14- Every sum of money ascertained, determioed, adjudged AndofRnma 
 and ordered by any Justice of the Peace under this Act to be STSI^.'^"' 
 paid as the amount of any damage or injury occasioned by the 
 commission of any of the offences hereinbefore mentioned, 
 shall be paid to the person who has sustained such damage or 
 injury. 20 Vie. cap. 31, sec. 12. 
 
 ItS. Upon the hearing of any information or complaint Complainant 
 under this Act, the person giving or making the information ^mpetent 
 or complaint, or any other person, shall be deemed a competent v^itDesa. 
 witness, notwithstanding he may be entitled to part of the 
 pecuniary penalty on the conviction of the offender. 20 Vic. 
 cap. 3, sec. 13. 
 
 16. All actions and prosecutions brought against any person As to raiu 
 for anything done in pursuance or under the authority of this thiD^'done 
 Act, shall be commenced within one month after the fact u°^er this 
 committed, and not afterwards, and shall be brought and tried 
 in the County or place where the cause of action arose, and 
 not elsewhere. 20 Vic. cap. 31, s. 14 j see post cap. 99, s. 125. 
 
 t7. Notice in writing of any such action, and specifying when 
 the cause thereof, shall be given to the defendant fourteen g°vi^ ^^ 
 clear days at least before the commencement of any such action. 
 20 Vic. cap. 31, sec. 14. • 
 
 18. The defendant in such action may plead the general Defendant 
 issue, and give this Act and any other matter or thing in the'^enerai 
 
 / — S ~ ~^' " ~ — ^ ^ — — O 
 
 evidence at any trial to be had thereupon. 20 Vic. cap. 31, 
 
 issue. 
 
 sec. 14 
 
 10. If the cause of action appears to arise from or in respect Tender of 
 of any matter or thing done in pursuance and by the authority amends, 
 of this Act, or if any such action be brought after the expira- 
 tion of one month, or be brought in any other County or place 
 than as aforesaid, or if notice of such action be not given in 
 manner aforesaid, or if tender of sufficient anjends bo made 
 before such action commenced, or if a sufficient sum of money 
 be by or on behalf of the defendant paid into Court after such 
 action commenced, the jury shall find a verdict, or (if the case 
 be not tried by jury) judgment shall be given, for the defen- 
 dant. 20 Vic. cap. 31, sec. 14. 
 
 30- If a verdict pass for the defendant, or if the plaintiff As to eosta 
 becomes non-suit, or discontinues any such action, or if on " ^*^ *" 
 demurrer or otherwise judgment be given against him, the 
 defendant shall recover his full costs of suit as between attor- 
 
 BUit. 
 
538 
 
 THE MUNICIPAL MANUAL. 
 
 CoKtS 
 
 rextrtiiDoil 
 unleiis the 
 
 certifles. 
 
 Appeal from 
 conviction 
 under tliia 
 
 Act. 
 
 ney and client, and shall have tho like remedy fur the sumo ns 
 every defendant may have for costs of suit in other cases at 
 law. 20 Vic. cap. 31, sec. 14. 
 
 31. And although a verdict be given or judgment be ren- 
 dered for the plaintiff in any such action, the plaintiff shall 
 not have costs against the defendant unless tho Judge or 
 Judges before whom the trial may be had, certifies his or their 
 approbation of the action and of the verdict, if any, obtained 
 thereupon. 20 Vie. cap. 31, sec. 14. 
 
 33. In case any person considers himself aggrieved by 
 adjudication or conviction made by any Justice of the Peace 
 under the autboritr of this Act, such party, on giving fourteen 
 days' notice of such aprpeal, and of the cause and matter 
 thereof to such Justice, may appeal against such adjudication 
 or conviction to the next Quarter Sessions, to be held next 
 after the expiration of the said fourteen days in or for the 
 town, city, riding, district, county or division within which 
 such adjudication or conviction has been made. 20 Vic. cap. 
 31, sec. 15. 
 
 33- And such Court of Quarter Sessions shall hear and 
 determine the appeal, in the same manner and form as appeals 
 arc usually conducted in the General Quarter Sessions in that 
 part of the Province in which the appeal is brought, and Nhull 
 award to the party appealing against or supporting such adju- 
 dication or conviction such costs as to them the said Justices 
 seem reasonable. 20 Vic. cap. 31, sec. 15. 
 
 34. Wherever in this Act, with reference to any person, 
 cattle, animal, matter or thing, any word or words is or are 
 used, importing the singular number or the masculine or 
 feminine gender only, yet such word or words shall be under- 
 stood to include several persons or animals as well ns one 
 person or animal, and females as well as males, and severul 
 matters or things as well as one matter or thing, unless it be 
 otherwise specially provided, or there be something in the 
 subject or context repugnant to such construction ; and where 
 the word " cattle" is used alone in this Act, the same shall 
 be understood and taken for any horse, mare, gelding, bull, 
 ox, cow, heifer, steer, calf, mule, ass,, sheep or lamb, or any 
 other cattle or domestic animal. 20 Vic. cap. 31, sec. IG. 
 
 ;^ctnot to 35. Nothing in this Act contained shall be held to repeal 
 (ipai Bylaws any By-laws which may be construed to have reference to any 
 puipMe**"" °^ ^^^ provisions, matters and things contained in this Act, 
 
 Appeals, bow 
 heard, Ac. 
 
 Costs. 
 
 Interpreta- 
 tion clBUse. 
 
THE MUNICirAL MANUAL. 
 
 530 
 
 made by any Municipal Council under and by virtue of the 
 provisions of the Municipal laws of this Province, excepting 
 in so far as the same may bo at variance with the provisions 
 of this Act; but such By-laws, so made, shall remain and 
 continue in full force and effect, until legally repealed or 
 amended. 20 Vic. cap. 31, sec. 17. 
 
 CONSOLIDATED STATUTES OF UPI^ER CANADA, 
 
 CHAPTEft III. 
 AN ACT RESPECTING THE TERRITORIAL DIVISION OF 
 UPPER CANADA. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as 
 follows : 
 
 Counties. 
 
 1. The Territorial Division of Upper Canada into Counties Kxistin^oi- 
 shall continue as at present, and such Counties respectively comumiH" 
 shall consist of the several Townships hereinafter mentioned 
 as forming such Counties, including in the said Townships and 
 Counties the Cities, Towns and Incorporated Villages situated 
 within the limits of such Townships and Counties respectively, 
 and including in certain of such Counties other lands as here- 
 inafter mentioned. 14, 15, Vic. cap. 5, sec. 1 ; see 38 G. 3, 
 cap. 5; 2 G. 4, cap. 3 j 12 Vic. caps. 11, 78, 79. 
 
 1. — The County of Glengarry, 
 Shall consist of the Townships of — 
 Charlottenburgh, 
 Kenyon, 
 
 3. Lancaster, and 
 
 4. Loohiel. 
 
 2. — The County ok Stormont, 
 Shall consist of the Townships of — 
 Cornwall, 3. Osnabruck, 
 
 Finch, 4. Rozborough, 
 
 And the Town of 1. Cornwall. 
 
 3. — The County of Prescott, 
 Shall consist of the Townships of — 
 Alfred, 5. Longueuil, 
 
 Caledonia, 6. Plantagenet North, 
 
 Hawkesbury East, 7. Plantagenet South, 
 
 4. Hawkesbury West, 
 
 And the Town of 1. L'Orignal. 
 
 Olungiiiry. 
 
 Stormont. 
 
 1. 
 
 •J. 
 
 3. 
 
 Prescott. 
 

 '1' 
 
 
 540 
 
 RuimII, 
 
 Carleton. 
 
 Renfrew. 
 
 Lanark. 
 
 THE MUNICIPAL MANUAL. 
 
 4. — The County or Russkll, 
 
 Shall consist of tho Townshipa of — 
 
 1. Clarence, 8. Cambridgo, and 
 
 2. Cumberland, 4. Russell. 
 
 6. — Tuz County ok Carlkton, 
 
 Shall consist of the Townships of — ,• 
 
 Fitzroy, 6. March, 
 
 Ooulburn, 7. Marlborough, 
 
 Gower North, 8. Nepean, 
 
 Gloucester, 9. Ospoode, 
 
 Huntley, 10. Tarbolton, 
 
 IheCityof 1. Ottawa, 
 
 And the Village of .... 1. Richmond. 
 
 6. — Tmt CoujfTY OF Rknfrew, 
 
 1. 
 2. 
 3. 
 
 4. 
 5. 
 
 Shall consist of the 
 
 1. Admaston, 
 
 2. Alice, 
 
 8. North Algona, 
 
 4. South Algona, 
 
 5. Blithfield, 
 
 6. Bayot, 
 
 7. Bromley, 
 
 8. Buchanan, 
 
 9. Brougham, 
 
 10. Canonto, 
 
 11. Fraser, 
 
 12. Grattan, 
 
 13. Griffith, 
 
 14. Horton, 
 
 And the Villages 
 
 Townships of — 
 
 15. McNab, 
 
 16. Miller, 
 
 17. Matawatchan, 
 
 18. McKay, 
 
 19. Pembroke, 
 
 20. Petawawa, 
 
 21. Ross, 
 
 22. Rolph, 
 
 23. Stafford, 
 
 24. Sebastopol. 
 
 25. Westmeath, 
 
 26. Wylie, and 
 
 27. Wilberforce, 
 
 of ... 1. Renfrew, 
 2. Pembroke. 
 
 1. 
 2. 
 8. 
 4. 
 5. 
 6. 
 7. 
 
 1. — ^The County of Lanark, 
 
 Shall consist of the Townships of — 
 
 North .Burgess, 8. Lanark, 
 
 Bathurst, 9. Lavant, 
 
 Beckwith, 10. Montuj»ue, 
 
 Drummond, 11. Pakenham, 
 
 Dalhousie, 12. Ramsay, 
 
 Darling, "" 13. 
 
 Elmsley North, 14. 
 
 The Town of 1. 
 
 And the Village of .... 1. 
 
 Sherbrooke North, 
 Sherbrooke South, 
 Perth, 
 Smith's Falls. 
 
THE MUNICIPAL MANUAL. 
 
 541 
 
 8. The County of Dunpas, DunJas. 
 
 Shall consist of the Townships of— 
 
 1. Mountain, 3. Winchester, 
 
 2. Mrtilda, 4. Williamshurgh, 
 
 And the Village of ....1. Iroquois. 
 
 9.— TiiK County of QaENvatB, Orenvllle. 
 
 Shall consist of the Townships of— 
 
 1. Augusta, 4. Oxford, (on Rideau,) 
 
 2. Edwardsburgh, 5. Wolford, 
 
 3. Gower South, 
 
 The Town of 1- Prescott, 
 
 And the Village of ....1. Kemptville. 
 
 10. The County of Leeds, tn-iln, 
 
 Shall consist of the Townships of— 
 
 1. Burgess, 8. Kitley, 
 
 2. Bastard 9. Front of Leeds and Lans 
 8. Front of Escott, 
 
 4. North Crosby, , 10 
 
 5. South Crosby, 
 
 6. Elmsley, H .„-,„.. 
 
 7. EUzabethtown, 12. Rear of Yonge and Escott, 
 
 And the Town of 1. Brockville. 
 
 11, The County of Frontknac, Frontenac. 
 
 Shall consist of the Townships of— 
 
 1. Barrie, 8. Loughborough, 
 
 2. Bedford, 9- Olden, 
 
 3. Clarendon, 10. Oso, 
 
 4. Howe Island, H- Portland, 
 
 5. Hinchinbrooke, 12. Palmerston, 
 
 6. Kennebec, 13. Pittsburgh, 
 
 7 Kini'ston. 14. Storrington, 
 
 7. J^in^ston, ^^ ^^j^ B^j^^^^ (including 
 
 Simcoe Island, Garden Island, Horse Shoe Island and Mud 
 
 Island,) , __. 
 
 And the City of 1- Kingston. 
 
 12. — ^The CoumTY of Addington, Addington. 
 
 Shall consist of the Townships of— 
 
 1. Anglesea, 4. Ernesttown, - 
 
 2. Amherst Islar»d, 5. Kalader, and 
 
 3. Camden,' 6. Sheffield. 
 
 downe. 
 Rear of Leeds and Lans- 
 
 down, 
 Front of Yonge, 
 
i 
 
 
 542 
 
 Lennox. 
 
 Prince 
 tdwnrd. 
 
 Hastings. 
 
 Northum- 
 t>«rland. 
 
 1. 
 O 
 
 THE MUNICIPAL MANUAL. 
 
 13. — The Countt of Lennox, 
 Shall consist of the Townships of — 
 Adolphustown, 2 oouth Frederlcksburgh, 
 
 North Fredericksburgh, 4. Richmond, 
 And the Village of ....1. Napanee. 
 
 14. — The County ok Pkince Edwakd, 
 
 Shall consist of the Townships of — 
 
 1. Athol, 4. Hallowell, 
 
 2. Ameliasburgh, 6. Marysburph, 
 
 3. Ilillier, 6. Sophiasburgh, 
 
 And the Town of 1. Picton. 
 
 1. 
 
 2. 
 
 16. — The County of Hastings, 
 Shall consist of the Townships ut- 
 
 Ban^jor, 
 Carlow, 
 
 3. Cashel, 
 
 4. Dunganan, 
 
 5. Elzevir, 
 Yarady, 
 Grimsthorpe, 
 Iler.schel, 
 Huntingdon, 
 IT'inperford, 
 Lake, 
 
 12. Limerick, 
 
 6 
 
 J < 
 
 8 
 
 9 
 
 10 
 
 11 
 
 13. iMcCiure, 
 
 14. Mudoc, 
 
 15. Marmora, 
 
 16. Mayo, 
 
 17. Monteaglc, 
 
 18. Rawdon, 
 
 19. Sidney, 
 
 20. Tyendinaga, 
 
 21. Thurluw, 
 
 22. Tudor, 
 
 23. Wicklow, 
 
 24. VVulhiston, 
 Iklloville. 
 Treiitiiu. 
 
 The Town of 1. 
 
 And the Village of .... 1. 
 
 Ifi. — The County ok XouTiU'MBi.RLANr>, 
 
 Shall consist of the Townships of — 
 
 1. i.Inwick, 6. Murray, 
 
 2. Rrighton, 7. Monaghan South, 
 
 3. (Jraniaho, • 8. Percy, 
 
 4. Ilaldiniaud, 9. Seymour, 
 
 5. Hamilton, 
 
 And the Town of 1. Cobourg. 
 
 '''iihiim. 17. — The County of Durham, 
 
 Shall consist of the Townships of — 
 
 1. Clarke, 4. Darlington, 
 
 2. Cavan, 5. Hope, 
 
 3. Cartwright, 6. Manvers, 
 
 The Towns of 1. Port Hope, 
 
 2. Bowuiiinville, 
 And the Village of ....1. Ncwea.^tlo. 
 
THE MUNICIPAL MANUAL. 
 
 54:3 
 
 1. 
 
 2. 
 
 3. 
 
 4. 
 
 5. 
 
 6. 
 
 i. 
 
 8. 
 
 9. 
 10. 
 11. 
 12. 
 13. 
 14. 
 
 18. The County of PETKRBonouan, 
 
 Shall consist of the Townships of— 
 
 Peterboro'. 
 
 Asphodel, 
 
 Anstruther, 
 
 Belmont, 
 
 Kruton, 
 
 Burleigh, 
 
 Cardiff, 
 
 Cavendish, 
 
 Chandos, 
 
 Douro, 
 
 Dudley, 
 
 Dumnier, 
 
 Dysart, 
 
 Eiinismore, 
 
 15^ Glamorgan, 
 
 16. Guilford, 
 
 17. Harburn, 
 
 18. Ilarcourt, 
 
 19. Harvey, 
 
 20. Miodeo, 
 
 21. Methuen, 
 
 22. Monaghan North, 
 
 23. Monmouth, 
 
 24. Otonabee, 
 
 25. Smith, 
 
 26. Snowdon, 
 
 27. Stanhope, 
 
 1. Peterborough, 
 1. Ashburnhara. 
 
 3. 
 4, 
 5. 
 
 0, 
 7 
 8, 
 9 
 10 
 
 Galway, 
 
 And the Town of 
 Village.. 
 19. — The County of Victoria, 
 Shall consist of the Townships of— 
 Auson, 11- Laxton, 
 
 liexlev, l'-2- Longford, 
 
 Ciirden, 13- Lutterworth, 
 
 Dalton,' 14 Macaulay, 
 
 l),,,bv, 15- Mariposa, 
 
 -nper, 16. Oakley, 
 
 "lilon, 17- Ops, 
 
 Kmily, 18- Ryde, 
 
 Fenclon, 19- Somerville, 
 
 Hindon, 20. Verulam, 
 
 And the Town of 1- Lmdsay. 
 
 20. The County of Simcok, 
 
 Shall consist of the Townships ol 
 
 1. Adjala, 
 
 2. Balaklava, 
 
 3. Kssa, 
 
 4. Flos, 
 
 5. Gwillimbury West, 
 G. Irinisfil, 
 
 7. Muskoka, 
 
 8. Matchedtish, 
 
 9. Modontc, 
 10. Mulmur, 
 
 Victoria. 
 
 Slmoae. 
 
 11. Mono, 
 
 12. Nottawasaga, 
 
 13. Oriilia, 
 
 14. Oro, 
 
 15. Robinson, 
 
 16. Sunnidale, 
 
 17. Tay, 
 
 18. Tiny, 
 
 19. Tecumseth, 
 20 Tussorontio. 
 
 21. Vespra, together with (ex- 
 
544 
 
 Vork. 
 
 Peel. 
 
 Ontario. 
 
 Ilalton. 
 
 THE MUNICIPAL MANUAL. 
 
 elusive of the Townships of Balaklava, Muskoka and Robinson) 
 the tract of land bounded od the east by the line between the 
 late Home and Newcastle Districts prolonged to French River, 
 on the west by Lake Huron, on the North by French River, 
 and on the south by the River ' vern and the Township of 
 Rama, and the Islands in Lak^d Simcoe and Huron, lying 
 wholly or for the most part opposite to the said County of 
 Simcoe, or any part thereof and contiguous th'jreto, 
 
 And the Towjns of 1. Barrie, 
 
 2. Bradf'ir. and 
 8. CoUingwood. 
 
 21. — ^Tire County of York, 
 Shall consist of the Townships of — 
 
 1. Etobicoke, 6 Mar'K'iam, 
 
 2. Gwillimbury East, 7 
 
 3. Gwillimbury North, 8 
 
 4. Georgina, 9 
 
 5. King, 10. York, 
 
 The City of I. Toronto, 
 
 And the Villages of ... 1. Newmarket, 
 
 2. Yorkville. 
 
 1. 
 
 2. 
 
 borough, 
 Vaughan, 
 Whitchurch, 
 
 22. — TnB County or Peel, 
 Shall consist of the Townships of — 
 
 Albion, 
 
 Caledon, 
 
 Chinguacousy, 
 
 And the Villages of 
 
 4. Toronto, 
 
 6. Toronto Gore, 
 
 .1. Brampton., 
 2. Streetsville. 
 23. — TiiK Cou.NTY OF Ontario, 
 Shall consist of the Townships of — 
 
 1. Brook, 6. Scugog, 
 
 2. Mara, 7. Scott, 
 
 3. Pickering, 8. Thora, 
 
 4. Raiua, 9. Uxbridge, 
 
 5. Reach, 10. Whitby, 
 
 11. East Whitby, 
 
 The Town of 1. Whitby, 
 
 And the Village of .... 1. Oshawa, 
 
 24. — Tub County of Halton, 
 Shall consist of the Townships of — 
 
 1. Esquesing, 3. Nelson, 
 
 2. Nassagaweya, 4. Trafalgar, 
 
 And the Towns of. 1. Milton, and 
 
 2. Oakvillc. 
 
THE MUNICIPAL MANUAL. 
 
 545 
 
 n) 
 :he 
 er, 
 er, 
 of 
 
 "g 
 of 
 
 1. 
 
 2. 
 3. 
 
 1. 
 
 1. 
 2. 
 8. 
 
 n. 
 
 4. 
 
 1. 
 
 2 
 
 3. 
 4. 
 
 0. 
 
 6. 
 7. 
 
 8. 
 0. 
 
 Braut 
 
 25. — Thk County of Wateuloo, Waterloo. 
 
 Shall consist of the Townships of — 
 North Dumfries, 4. Woolwich, 
 
 Waterloo, 5. Wellesley, 
 
 Wiluiot, , 
 
 And the Town of 1. Gait, 
 
 And the Villages of — 
 Berlin, 8. Preston, and 
 
 New Hamburg, 4. Waterloo. 
 
 26. — The Countv of Brant, 
 Shall consist of the Townships of — 
 Brantford, 4. Onondaga, 
 
 IJurfurd, 5. Oakland, 
 
 South Dumfries, 6. Tuscarora, 
 
 And the Towns of 1. Brantford, and 
 
 2. Paris, 
 
 27. — The County of Wellington, Wellington. 
 
 Shall consist of the Townships of — 
 Arthur, 8. Maryborough, 
 
 Amaranth, 9. Minto, 
 
 Erin, 10. Nichol, 
 
 Kraiiiosa, 11. Pilkington, 
 
 Guelph, 12. Puslinch, 
 
 Giirafraxa, 13. Peel, 
 
 Luthor, 
 
 The Town of 1. Guelph, 
 
 And the Villaf^es of ...1. Elora, and 
 
 2. Fergus. 
 
 28. — TiTE County ok Guky, orey. 
 
 Sliall consist of the Townships f — 
 
 ArtcnieJa, 10. Melancthon, 
 
 I'ontinck, 11. Normanby, 
 
 Culliiigwood, 12. Oj;prey, 
 
 Derbyi 13. Proton, 
 
 Euphrasia, 14. Sydenham, 
 
 Efxieinont, 15. Saint Vincent, 
 
 Glotieig, 10. Sullivan, 
 
 Ilolhind, 17. Sarawak, together with 
 
 Koppel, (exclusive of the Town- 
 
 .«liips of Keppel and Sarawak) that portion of the Penin- 
 Bular Tract of latid known as the Indian Reserve, and 
 situated between lines drawn northward from the north- 
 east angle of Arran and the north-west angle of Derby, 
 
 as 
 
HC> 
 
 THE MUNICIPAL MANl'Ar,. 
 
 Biiirc. 
 
 Huron, 
 
 Terth. 
 
 until tliey respectively strike Colpoy's I3ay oh the cnsf 
 side of the Indian Village, and waters of tin; Geonnfm 
 Bay, and the Islands contiguous thereto, 
 And the Town of 1. Owen Sound. 
 
 29.— The County ok Brick, 
 Shall consist of the Townships of — 
 Arran, 
 
 2. Aniable, 
 
 3. 
 4. 
 5. 
 6. 
 
 7. 
 8. 
 
 9. 
 10. 
 11. 
 12. 
 13. 
 14. 
 15. 
 
 Klderslie, ' 
 
 Greenock, 
 
 Huron, 
 
 KinlosS; 
 
 Kincaaliiic, 
 
 Lindsay, 
 
 Saupeeii, 
 
 Albemarle, 
 
 Brant, 
 
 Bruce, 
 
 Culross, 
 
 Carrick, 
 
 Eastnor, 10. St. Edmund, together with 
 
 all that portion of the Peninsular Tract of land known 
 as the Indian Reserve, and not included in the County 
 of Grey, and the Islands in Lake Huron and the Georgian 
 Bay contiguous thereto. 
 
 And the Villages of ...1. Walkerton, 
 
 2. Southampton. 
 
 SO. — The Cou.vty of IIuro.v, 
 Shall consist of the Townships of- 
 
 1, 
 
 AshGeld, 
 
 
 10. 
 
 3IcKilIop, 
 
 2. 
 
 Biddulph, 
 
 
 11. 
 
 ]Morri.s, 
 
 s! 
 
 Gqlborne, 
 
 
 12. 
 
 Stephen, 
 
 4. 
 
 Grey, 
 
 
 13. 
 
 Stanley, 
 
 5, 
 
 Goderich, 
 
 
 14. 
 
 Turn berry, 
 
 (5. 
 
 Hay. 
 
 
 15. 
 
 Tuckersmith 
 
 7. 
 
 llowick, 
 
 
 10. 
 
 Usborne. 
 
 8. 
 
 Ilullett, 
 
 
 17. 
 
 Wawanosh, 
 
 9. 
 
 McGillivray, 
 
 
 
 
 
 The Town of 
 
 • • 
 
 .. 1. 
 
 Goderich, 
 
 
 And the Village 
 
 of. 
 
 .. 1. 
 
 Clinton. 
 
 
 31.— The County 
 
 OK Pkuth, 
 
 
 Shall consist of the 
 
 Townsliii 
 
 3S of — 
 
 1. 
 
 Blanchard, 
 
 
 0. 
 
 Elm a. 
 
 2, 
 
 Downie, including the Gore 7. 
 
 rullartou. 
 
 
 of Downie, 
 
 
 8. 
 
 Ilibbert, 
 
 3. 
 
 Ellice, 
 
 
 9. 
 
 Logan, 
 
 4. 
 
 Easthope North, 
 
 
 10. 
 
 Mornington. 
 
 5. 
 
 Easthope South, 
 
 
 11. 
 
 Wallace, 
 
 
 The Town of 
 
 
 .. 1. 
 
 Stratford, 
 
 
 And the Villages 
 
 'of. 
 
 .. 1. 
 
 Mitchell, 
 St. Mary's 
 
THE MUNICIPAL MANUAL. 
 
 647 
 
 
 1. 
 
 2. 
 
 3. 
 4. 
 
 5. 
 6. 
 
 7. 
 
 1. 
 
 2. 
 3. 
 4. 
 5. 
 6. 
 
 1. 
 
 3. 
 4. 
 
 32. — TuE County of Lahbton, 
 Shall coDsist of the Townships of — 
 Bosaiiquet, 8. Sarnia, 
 
 Brooke, 9. 
 
 i!'-'7' • 1 12 Kc. 79,8.2.) 
 Tiupl eniia, ) ' -^ 
 
 EnniikillcD, 
 
 3Ioore, 
 
 Plytnpton. 10 
 
 And the Town of 1, 
 
 Lambton. 
 
 ^ . 
 
 3. 
 4. 
 
 Sombra, including Walpolo 
 Island, St. Anne's Island, 
 and the other Islands a^ 
 the mouth of the Kiver 
 St. Clair, 
 
 Warwick, 
 
 Port Sarnia. 
 
 33. — The Countt of Kent, 
 
 Shall consist of the Townships of — 
 Camden, 7. Orford, 
 
 Chatham, 8. Raleigh, 
 
 Dover East, 9. Romney, 
 
 Dover West, 10. Tilbury East, 
 
 Howard, 11. Zone, 
 
 Harwich, 
 
 And the Town of 1. Chatham. 
 
 34. — The County of Essex, 
 Shall consist of the Townships of — 
 Anderdon, 6. Maiden, 
 
 Colchester, 7. 
 
 Gosfield, 8. 
 
 Mersea, 9. 
 
 Maidstone, 
 
 And the Towns of 1. Amherstburgh, 
 
 2. Sandwich, and 
 
 3. Windsor. 
 
 85. — The County of Elgin, 
 Shall consist of the Townships of- 
 Aldborough, 5. 
 
 Biiyham. 6. 
 
 Dunwich, 7. 
 
 Malahido, 
 
 And the Villages of . 
 
 Kent. 
 
 Eifcx. 
 
 Rochester, 
 Sandwich, 
 Tilbury West, 
 
 EliTin. 
 
 Southwold. 
 South Dorchester 
 Yarmouth. 
 
 .1. 
 
 9 
 
 St. Thomas, and 
 Vienna. 
 
 36. — The County of Middlesex, 
 Shall consist of the Townships of — 
 Adelaide, 5. Ekfrid, 
 
 Carradoc, 6. Lobo, 
 
 North Dorchester, 7. London, 
 
 Delaware, 8. Mosa, 
 
 uicimiti ii» 
 
M '4 
 
 I i 
 
 !i: 
 
 548 
 
 Norfolk. 
 
 Oxford. 
 
 Baldimand. 
 
 Wrll«nd. 
 
 THK MUinCI^^AL MANUAL, 
 
 9. Metcalfe, 
 ] 0. Nissouri West, 
 11. West Williams, 
 
 And the City of 
 
 12. East Williams; 
 
 13. Westminster, 
 
 . 1. London, 
 
 1. 
 2. 
 3. 
 4. 
 
 1. 
 
 2. 
 3. 
 4. 
 5. 
 6. 
 
 37. — Tire County ok Norfolk;, 
 
 Shall consist of the Townships of — 
 Charlotteville, 5. Windham, 
 
 Houghton, 6. Woodhouse, 
 
 Middleton, 7. Walsingham, including 
 
 Townsend, Long Point, 
 
 And the Town of 1. Simcoe. 
 
 38, — Tub Cocntt of Oxford, 
 Shall consist of the Townships of — 
 
 Blenheim, 7. 
 
 Blandford, 8. 
 
 Dereham, 9. 
 
 North Norwich, 10. 
 
 South Norwich, 11. 
 
 Nissouri East, 
 
 The Town of 1. Woodstock, 
 
 And the Villages of ... 1. Ingorsoll, 
 
 2. Embro. 
 
 Oxford North, 
 Oxford East, 
 Oxford West, 
 Zorra East, 
 Zorra West, 
 
 39. — T;re Cot'XTT op Haldimand 
 
 Shall consist of the Townships of- 
 
 1. North Cayuga, 
 
 2. South Cayuga, 
 
 3. Canborough, 
 
 4. Dunn, 
 
 5. Moulton, 
 
 And the Village of 
 
 6. Oneida, 
 
 7. Rainham, 
 
 8. Seneca, 
 
 9. Sherbrooke, 
 10. Walpole, 
 
 1. Caledonia. 
 
 40. — The County of Welland 
 Shall consist of the Townships of — 
 1. Bertie, 5. Stamford, 
 
 Z. Orowland, 6. Thorcld, 
 
 3 Humberstone, 7. Willouirhby, 
 
 4. Pclham, 8. Wainfleet, 
 
 The Town of 1. Clifton, 
 
 And the Villages of — 
 
 1. Chippewa, 4. Thorold, and 
 
 2. Fort Erie, 6. Welland. 
 
 3. MerrittsTillOr 
 
,.^ 
 
 THE MUNICIPAL MANTTAL. 
 
 41. — The County of Lincoln, 
 Shall consist of the Townships of— 
 
 549 
 
 Lincoln. 
 
 5. Gainsborough, 
 
 6. Louth, 
 
 7. Niagara, 
 
 3. St. Catharines. 
 
 Clinton, 
 Caistor, 
 Grimsby, 
 Grantham, 
 
 And the Towns of— 
 
 1. Niagara, 
 
 2. Queenston, and 
 
 42.— Thb Cocntt gf "Wkntwobth, Wentworth. 
 
 Shall consist of the Townships of— 
 1. Ancaster. 5. Flamborough East, 
 
 2 Beverly, 6. Flamborough West, 
 
 3. Binbrodk, 7. Glanford, 
 
 4. Barton, ' 8. Saltfleet, 
 
 The City of 1- Hamilton, 
 
 And the Town of 1- Dundas. 
 
 United Counties, 
 «. For Municipal, Judicial and all purposes not otherwise ^ni^^^^ 
 provided for by law, the following Counties, already umted, 
 shall continue to form Unions of Counties, that is to say : 14, 
 15 Vic. cap. 5, sec. 2. 
 
 1. Frontenac, Lennox and Addington ; 
 
 2. Stormont, Dundas and Glengarry j 
 
 3. Leeds and Grenvillc ; 
 
 4. Huron and Bruce ; 
 
 5. Lanark and Renfrew ; 
 
 6. Northumberland and Durham j 
 
 7. Peterboro' and Victoria ; 
 
 8. Prescott and Russell ; 
 
 9. York and Peel : 
 
 But, for municipal purposes, the Cities of— 
 
 1. Toronto, 
 
 2. Hamilton, 
 
 3. Kingston, 
 
 4. London, and 
 
 5. Ottawa, 
 shall not form parts of the Counties of York, Wentworth, 
 Frontenac, Middlesex and Carleton, within the limits whereof 
 they are respectively situate, but shall, for municipal purposes, 
 be Counties of themselves. 12 Vic. cap. 78. 
 
 CitioB not to 
 be part of 
 Counties fur 
 municipal 
 parpoE09. 
 
550 
 
 THE MUNICIPAL MANUAL. 
 
 Narnep of 
 
 UnlU'd 
 
 CouatieR. 
 
 Court« to be 
 
 fjiiriorly. 
 
 Che property 
 .iffiotTS, Ac, 
 -ontiuued. 
 
 Ldmita of 
 townHhlpst 
 I'juncjd by 
 certain 
 LAkM and 
 Kivers. 
 
 limits of 
 viwnsbipson 
 ■he Ottawa. 
 
 C0UBT8 IN United Counties. 
 
 And each of such Unions, under the name ot the United 
 Counties of and (jiaminy them) shall, for all pur- 
 poses (except as before excepted) so long as such Counties 
 remain united, have in common, as if one County, all Court.«, 
 Offices and Institutions established by Law, pertaining to 
 Counties. 
 
 3. The Courts of Assize and Nisi Prius, of Oyer and 
 Terminer and Gaol Delivery, of Quarter Sessions of the Peace, 
 County Courts Surrogate Courts and Division Courts, shall bo 
 held in and for the said County and United Counties accord- 
 ing to Law and the Statutes relating to such Courts respec- 
 tively. 
 
 Court Houses — Gaols — School Houses. 
 
 4. The Court houses and Gaols, County Grammar School- 
 houses, and all other property, real and personal, and all the 
 offices and officers of the Counties, and United Counties, cx- 
 
 i sting at the time this Act comes into force, shall belong to 
 and continue in the Counties and United Counties respectively 
 of the like names under this Act, and, as respects such Union.'^, 
 until the dissolution thereof under the provisions of the Act 
 for the " Regulation of Municipal Institutions in Upper 
 Canada." 12 Vic. cap. 78, sec. 37. 
 
 Townships bounded bt certain Lakes and Rivers. 
 
 tS. The limits of all the Townships lying on the River St 
 Lawrence, Lake Ontario, the River Niagara, Tjake Erie, the 
 River Detroit, Lake St. Clair and River St. Clair and Jjaki> 
 Huron, shall extend to the boundary of the Province in sucli 
 lake or river, in prolongation of the outlines of each Town- 
 ship respectively ; and unless herein otherwise provided, such 
 Townships shall also include all the Islands, the whole or th-j^ 
 greater part of which are comprised within the said outlines 
 so prolonged. 14 & 15 Vic. cap. 5, sec. 11. 
 
 Townships on tub Ottawa. 
 
 O. The limits of the Townships lying on the River Ottawa 
 shall in like manner extend to the middle of the main channel 
 thereof, and such Townships shall also include all the Islancl> 
 not herein otherwise provided for, the whole or the greater 
 part of which are comprised within the said outlines so pro- 
 longed ; excepting always the Islands in front of the Seigniory 
 of La Petite Nation and the Grand Calumet, and Grand and 
 
THE MUNICIPAL MANUAL. 
 
 551 
 
 led 
 jr- 
 
 to 
 
 
 Little Allmiiettcs Isluiids, which belong to Lower Canada, the 
 niiddle of the mull) channel between tho last named Islands, 
 and the southerl)f bank of the Ottawa River, being the boun- 
 dary between Uiiper and Lower Canada. 
 
 TowNsiiii's ov Lake St. Fuan'cis and River St. Lawkence. 
 
 7. The limits of the Townships in the County of Glengarry 
 shall in like manner extend lo the middle of Lake St. Francis, 
 and to the middle of the main channel of the River St.Lawrenee, 
 and unless herein otherwise provided, shall also include all the 
 Island.*, the whole or the greater part of which arc comprised 
 within the outlines of the said Townships so prolonged. 
 
 Townships o.\ the Bay ok Quinte and on oTiiEa Bays, Lakes 
 
 AND UlVEBS. 
 
 S. The limits of the Townships on the Bay of Quints, the 
 llivcr Trent and its Lake^. L;ike Sinicoc, the River Severn, 
 the River Rideau and its Lakes, the River Thames, the Grand 
 River, and any other rivers, lakes and bays not hereinbefore 
 niontioned, shall in like manner extend to the middle of the 
 said lakes and bays, and to the middle of the main channels 
 of the fiaid rivers respectively, and unless herein otherwise 
 provided, shall also include all the Islands, the whole or the 
 greater part of which are comprised within the outlines of the 
 said Townships so prolonged. 
 
 Ceiitain Islands EXCErTEn. 
 
 O- The last four preceding Sections shall not extend to any 
 Islands or parts of Islands wliioh are Townships by themselves, 
 or which have been expressly included in other Townships in 
 the original surveys and plans thereof remaining of record in 
 the office of the Commissicner of Crown Lands, or by Statute, 
 but the same shall remain parts of such Townships respec- 
 tively. 
 
 New TowNsiiii's. 
 
 10. All tracts of land in Upper Canada not already in- 
 cluded in any Township, from tiuie to time by Proclamation 
 crcotod into Townships, shall be subject to and have the 
 beiu'lit of all onactnients and pruvisions of law to which other 
 Townships are subject or entitled by the Consolidated Statutes 
 of Upper Canada or of (Canada, unless clearly inapplicable to 
 such new Township. 8 Vic. cap. 7, sec. 2. 
 
 II Subject to the provisions of the Act respecting the 
 Municipal Institutions of Upper Canada, the Governor may, 
 by Order in Council, issue a Proclamation under the Great 
 
 InGlengAir; 
 
 On nay of 
 Quints, ami 
 on other 
 linys, Lahi'S 
 and Riverti. 
 
 The last four 
 sections not 
 to include 
 Ifilunds 
 being town 
 cihlpg of 
 themsvlvrs. 
 
 New town- 
 ships. 
 
 Tba Qovcr- 
 nor may 
 consUtute 
 townships, 
 
552 
 
 THE MDNICIPAL MANUAL. 
 
 counties and Seal of the Province, to have furoo of law from a day to be 
 uDioDii, Ac. na,ug(j therein, and thereby constitute Townships and Counties 
 and Unions of Townships and Counties in those parts of 
 Upper Canada in which Townships and Counties, or Unions 
 thereof, have not been constituted, and may fix the metes and 
 boundaries thereof. See 22 Vic. cap. 99, sec. 27. 
 
 Gores of Land. ( 
 
 13. The Governor may also, in like manner, annex any 
 gore, or small tract of land not included in the original survey 
 or forming part of any Township, and not of sufficient extent 
 to form a Township of itself, to any Township, or partly to 
 each of more Townships than one, to which it may be adjacent ; 
 and such gore or tract shall thenceforward, for all purposes, 
 form part of such Township or Townships. See Municipal 
 Act, and 12 Vic. cap. 11, sec. 2. 
 
 The Qover- 
 ner may 
 nnnex gores. 
 
 No license to 
 be granted, 
 
 Ac. 
 
 1 
 
 LicenHe to be 
 iMued by the 
 Oovernor un- 
 der the 
 Ureat Seal. 
 
 Ferries to b e 
 leaurd by 
 poblic com- 
 petition and 
 only for a 
 limited time. 
 
 CON. STATJl. U. C— CIIAITER XLVI. 
 
 AN ACT RELATING TO FERRIES. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as 
 follows : 
 
 1. No license of Ferry in Upper Canada shall in future bo 
 granted to any person or body corporate beyond the limits 
 thereof and all grants of Ferry on the frontier lino of Upper 
 Canada, shall be issued to the 31unicipality within the limits 
 of which such Ferry exists, and in case of the establishment 
 of any additional Ferry on such frontier, then to the Munici- 
 pality in which such additional Ferry is established, and shall 
 be so construed as to extend and apply to all such Ferries on 
 the Provincial frontier, the circumstances of which do not 
 permit or warrant the peremptory use of Steamboats. 20 Vic. 
 cap. 7, sec. 5; 22 Vic. cap 41 (1859.) 
 
 ft. Every grant or license of Ferry shall be issued by the 
 Governor under the Great Seal, and under the foregoing section 
 may be granted for any period not exceeding fifty years. 8 
 Vic. cap. 50, sees. 2, 3 j 20 Vic. cap. 7, sees. 1, 2, 8. 
 
 3. Except as herein otherwise provided, no Ferry in Upper 
 Canada shall hereafter be leased by the Crown, nor shall tSe 
 lease thereof be renewed, or any license by the Crown to act 
 as a Ferryman thereat be granted, except by public competi- 
 
THE MUNICIPAL MANUAL. 
 
 518 
 
 be 
 ntics 
 ts of 
 lions 
 
 and 
 
 tion, and after notice of the tiino and place at which tenders 
 will be received for the lease or license for such Ferry, inserted 
 at least four times in the course of four weeks in the Cunnda 
 Gusdtc, and in one or more of the newspapers published in 
 the County in which the Ferry niuy be situate, and to parties 
 giving such security as the Governor-in-(Jouncil may require ; 
 nor shall any such Ferry be leased or the license thenof 
 granted for a longer term than seven years at any one time. 
 9 Vic. cap. 9, sec. 2. 
 
 4. In every case, except in the case of Municipalities as Limits of 
 hereinafter provided, where the limits to which the exclusive *'«'''^"- 
 privilege of any Ferry extends are not already defined, such 
 exclusive privilege shall not be granted for any greater dis- 
 tance than one mile and a half on each side of the point at 
 which the Ferry is usually kept, but nothing herein contained 
 
 shall invalidate or infringe upon any existing grant or right of 
 Ferry. 8 Vic. cap. 50, sees. 5, 3. 
 
 5. In all cases where a ferry is required orer any stream or oovvrnor 
 other water within Upper Canada, and the two shores of such """y «""'' 
 stream or other water are in different Municipalities, such imTe«f»rry 
 Municipalities not being in the same County, the Governor-iii- no,','?,'!"^^"',, 
 Council may grant a license to either of such Municipalities twnMunid- 
 exclusively, or to both conjointly, as may be most conducive '"* 
 
 to the public interest. 20 Vic. cap. 7, sec. 1. 
 
 O- Such license shall confer a right on the Municipality or 
 Municipalities to establish a ferry from shore to shore on such 
 stream or other water, and with such limit and extent as niuy 
 appear advisable to the Governor-in- Council, and be expros.scd 
 in such license. 20 Vic. cap. 7, sec. 1. 
 
 y. Such license shall be upon condition that the craft to be Condition of 
 ased for the purpose of such ferry shall be propelled by steam, stMim*'"' ° 
 and be of such dimensions, and the engine thereof be of such 
 power, as the Governor-in-Council may direct ; and upon such 
 further conditions as i Qovernor-in-Council may think fit 
 and express in such lice^ao. 20 Vic. cap. 7, sec. 1. 
 
 8. The Council of the Municipality to which Municipality Monicipaii- 
 any such license may be issued, may pass By-laws, not contra ^^CJ""^ 
 vening the terms of the license, declaring their determination ferricg. 
 to sub-let the said ferry, and may sub-let the same for the price, 
 and upon the terms, and to the parties, and on the conditions, 
 and at the rates of ferriage to be paid, which the said Council 
 may deem best. 20 Vie. cap. 7, f'ec. 3. 
 
 License to 
 CI infer A 
 rigilit, Ac. 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 
 
 1.25 
 
 no 
 
 In 
 
 m 
 
 2.5 
 2.2 
 
 ^ us. 12.0 
 
 ■1 
 
 I 
 
 1.8 
 
 U 11.6 
 
 I 
 
 — 6" 
 
 ^ 
 
 *% 
 
 ^7; 
 
 
 '/ 
 
 Photographic 
 
 Sdences 
 
 Corporation 
 
 33 WEST MAIN STREEI 
 
 WERSTH.N.Y. 14SS0 
 
 (716)«72-4S03 
 
^ 
 
 *^.^ 
 
 4%^ 
 
 As^ 
 
f 
 
 554 
 
 Incorporated 
 Cities, Towns 
 and Tillagos 
 to have the 
 preference as 
 to such ] 
 license. 
 
 Penalty for 
 interfeiiug 
 witli licrtnsed 
 ferri-nmn. 
 
 Parties may 
 keep boats 
 for their 
 own UM. 
 
 Offender to 
 be commit- 
 ted if penalty 
 be not paid.| 
 
 Agfcrieved 
 party may 
 appeal. 
 
 Ill 
 
 THE MUNICIPAL MANUAL. 
 
 O. In all cases where tlie one shore of such stream or other 
 water is within the limits of a City, Town, or incorporated 
 Village, and the other shore thereof in a Township or rural 
 Munioipality, the license shall be issued to the City, Town or 
 incorporated Village; but in case the rural Municipality 
 oppohite to any such City, Town or incorporated Village, be 
 an Ishmd, then the license shall be granted to the Island 
 Mun'eiralit/. 20 Vie. cap. 7, sec. 4. 
 
 10. T. npy person unlawfully interferes with the rights of 
 any lice; sei'. ferryman, by taking, carrying and conveying, at 
 any su;h fer.'y, across the river or stream on which the same 
 is situi t ;, iity person, cattle, carriage or wares, in any boat, 
 vessel Oi* other craft, for hire, gal^n, reward, profit, or hope 
 thereof, or unlawfully does any other act or thing to lessen 
 the tolls and profits of any lessee of the Crown of any such 
 ferry, such offender, upon conviction thereof before a Justice 
 of the Peace, shall forfeit and pay such sum of money not 
 exceeding twenty dollars, as the Justice may direct, which 
 t-iiin shall be paid to the party aggrieved, except where he has 
 been examined in proof of the offence, in which case the 
 money shall be applied and accounted for in the same manner 
 as any penalty imposed for a breach of the peace. 8 Vic. 
 cap. 50, sec. 1. 
 
 11. Any person may keep at any such ferry a boat, vessel, 
 or othev craft, for his own private use, or may use, for the 
 accommodation of himself or of his employer, his own or his 
 employer's boat, vessel or craft, to cross the river or stream on 
 which the ferry is situate ; but such privilege shall in no wise 
 be used to take, carry or convey any other persons or property 
 for hire, gain, reward or profit, or hope thereof, or directly or 
 indirectly to enable any such other persons to evade the 
 payment of tolls at such ferry. 9 Vic. cap. 9, sec. 1 ; 8 Vic. 
 cap. 50, sec. 1. 
 
 ta. In ca.se the sum forfeited be not paid immediately after 
 conviction, the convicting Justice may commit the offender to 
 the coirmou gaol of the County, there to be imprisoned for a 
 term not exceeding two months, unless the forftiture and the 
 costs be sooner paid. 8 Vic. cap. 50, sec. 2. 
 
 13. Any party aggrieved by any conviction or decision 
 under this Act, may appeal from such conviction or decision, 
 in the manner and under the conditions and provisions of the 
 Act respecting appeals in cases of summary conviction. 8 Vic. 
 cap. 50, sec. 4. 
 
THE MUNICIPAL MANUAL. 
 
 655 
 
 fther 
 fated 
 rural 
 rn or 
 (ality 
 be 
 land 
 
 14:. On the trial of any offender apainst this Act, every Titiejtotho 
 licence heretofore issued, or issued under this Act, shall be ^^"^' 
 ])rma facie evidence of title to tht, ferry. 8 Vic. c. 50, s. 3. 
 
 tS. The Council of every County, City, and Town separated Municipal 
 from the County under the Act respecting the Municipal p8g""By!iawI 
 Institutions of Upper Canada, may pass By-laws for regulating j-eguiating 
 ferries between any two places in the Municipality, and ceTtaTn" 
 establishing the rates of ferriage to be taken thereon ; but no p^*'^''^- 
 such By-law shall have effect until assented to by the Governor- 
 in-Council ; and until the Council of the County, City or 
 Town separated as aforesaid pass a By-law regulating such 
 ferries, and in the cases of ferries not between two places in 
 the same Municipality, the Governor, by order in Council, 
 may from time to time regulate such ferries respectively, and 
 establish the rates to be taken thereon, subject to the provi- 
 sions of this Act. 22 Vic. cap. 99, s. 277, No. 4, and s. 278. 
 
 floated 
 tbereoD. 
 
 COX. STAT. U. C— CHAPTER XLVII. 
 
 AN ACT RESPECTING RIVERS AND STREAMS. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 1. Except in the case of round or squared timber, or of condition on 
 trees, masts, staves, deals, boards or other sawed or manufac- ^p^'^av'bo 
 tured lumber or saw logs, prepared for transportation to a cut on the 
 market, every person and every employer of such person, who rwcrsand 
 cuts and fells any trees into the Grand River, the River 
 Thames, River Nith, River Speed, Otter Creek, the River 
 Credit, the River Otonabee from Sturgeon Lnke to Rice Lake, 
 the River Scugog, the River Trent from Rice Lake to the Bay 
 of Quinte, Crow River, the Rivers Gananoque, Rideau, Petite 
 Nation, Tay, Mississippi, Bonnechere, Madawaska and Good- 
 wood, in Upper Canada, or upon such parts of the banks 
 thereof as are usually overflowed in the autumn or spring of 
 the year by the rising of the water of the said rivers or creek, 
 and who does not lop off the branches of such trees and cut 
 up the trunks thereof into lengths of not more than eighteen 
 feet, before they are allowed to be floated or cast into the said 
 rivers or streams, shall for every such offence forfeit and pay a 
 penalty not exceeding ten dollars. 3 Wm. IV. cap. 28, s. 1; 
 2 Vic. cap. 16, sees. 1, 4. 
 
556 
 
 Funalty on 
 
 p«rS0D8 
 
 obstructing 
 rivers and 
 rivulets. 
 
 Act not to 
 extend to 
 dams, weirs 
 or trees used 
 as bridges. 
 
 THE MUNICIPAL MANUAL. 
 
 3. In case any person throws, or in case any owner or 
 occupier of a mill suffers or permits to be thrown, into any 
 river, rivulet or water-course in Upper Canada, excepting 
 those hereinafter mentioned, any slabs, bark, waste stuff or 
 other refuse of any saw-mill ('except saw-dust), or any stumps^ 
 roots, shrubs, tan-bark or waste wood, or leached ashes : or in 
 case any person fiells or causes to be felled in or across any 
 such river, rivulet or water-course, any timber or growing or 
 standing trees, and allows the same to remain in or across such 
 river, rivulet or water-course, he shall incur a penalty not 
 exceeding twenty dollars, and not less than twenty cents, for 
 eitch day during which such obstruction remains in, over or 
 across such river, rivulet or watercourse, over and above all 
 damages arising therefrom. 10, 11 Vic. cap. 20, sec. 1 ; 7 
 Vic. cap. 36, sec. 1 ; 2 Vic. cap. 16, sec. 2 j 22 Vic. cap. 99, 
 sec. 270. 
 
 3. This Act shall not apply to any dam, weir or bridge 
 erected in or over any such river, rivulet or water-course, or 
 to anything done bond fide in or for erecting the same, or to 
 any tree cut down or felled across any such river, rivulet or 
 water-course, for the purpose of being used as a bridge from 
 one side thereof to the other ; provided such tree does not 
 impede the flow of water or the passing of rafts. 10, 11 Vic. 
 
 cap. 
 
 Riven where 
 
 ealmon, 
 
 pickerel, 
 
 blacK basH, 
 or porch do 
 not abound 
 not included. 
 
 As toob- 
 Btructions 
 not wllt'ul. 
 
 How f'Des to 
 be recovered. 
 
 20, 
 
 sec. 
 
 4. This Act shall not extend to the River St. Lawrence, 
 nor to the River Ottawa, nor to any river or rivulet wherein 
 salmon, pickerel, black bass, or perch, do not abound. 14, 15 
 Vic. cap. 123. 
 
 5. No such obstruction, happening without the wilful 
 default of any party, or in the bona Jide exercise of his rights, 
 shall subject him to any fine or forfeiture unless upon default 
 to remove the obstruction after notice and reasonable time 
 afforded for that purpose. 10, 11 Vic. cap. 20, sec. 1. 
 
 O- All fines, penalties, forfeitures and damages under this 
 Act, when not together exceeding twenty dollars, may respec- 
 tively upon the oath of one credible witness, be recovered 
 with costs, in a summary way, in the manner provided by the 
 Act of the Province of Canada, relative to malicious injuries 
 to property,* before any one or more of the Justices of the 
 
 
 * Reference should have been made to the Act rrspecting the duties of Justices of 
 the Peace out of 8eRiiionB,ln relntluii to Hunimary convictions and orders, which virtu- 
 ally superseded 4, 6 Vic. ciip. 26, sec. 30. 
 
THE MUNICIPAL MANUAL. 
 
 557 
 
 or 
 
 any 
 pting 
 ff or 
 
 any 
 Igor 
 
 Peace for the County in which the offence has been committed ; 
 and, unless the conviction be appealed from, if the fine or 
 penalty and damages (as the case may be), together with the 
 costs, be not paid at the time stated in the conviction, the 
 convicting Justice or Justices, or one of them, when more 
 than one, shall issue his or their warrant of distress to levy 
 the same out of the goods and chattels of the offender; and in 
 case there be not sufficient goods and chattels found to satisfy 
 the same, and in case the offender does not otherwise satisfy 
 the amount within three days after conviction, then such Jus- 
 tice or Justices (as the case may be) shall, by warrant under 
 hand and seal, commit the offender to the common gaol of the 
 County in which he has been convicted, for the term of ten 
 days in case the conviction be under the first section of this 
 Act, or thirty days in case the conviction be under the second 
 section of this Act, unless the fine, penalty or forfeiture and 
 damages (as the case may be) and costs, be sooner paid. 8 
 Wm. IV. cap. 28, sec. 2; 10, 11 Vic. cap. 20, sec. 1; see 
 4, 5 Vic. cap. 26, sec. 30 ; 7 Vic. cap. 36, sees. 1, 2, 4. 
 
 7. Any party aggrieved by any conviction or decision under party »g- 
 this Act, may appeal in the manner and under the conditions ^pg*** ""' 
 and provisions of the Act of the Province of Canada respecting 
 appeals in cases of summary conviction. 7 Vic. cap. 36, s 2. 
 
 8. Of pecuniary penalties levied under this Act, one-third ApproprU- 
 shall go to the informer, and the other two-thirds shall be paid ^"naitL. 
 to the Treasurer of the Municipality in which the offence was 
 committed, and shall be expended in improving the public 
 highways therein. 3 Wm. IV. cap. 28, sec. 3j 2 Vic. cap. 
 
 16, sec. 3. 
 
 9. In case of damages to private property, arising out of a AsMsaed 
 
 violation of this Act, such damages may, at the request of the how ta^be 
 party aggrieved, be assessed by the convicting Justice or applied. 
 Justices, and included in the conviction, when such damages, 
 together with the fine or penalty imposed, do not together 
 exceed twenty dollars; and in case damages be assessed, the 
 same shall be paid to the party aggrieved, except in cases 
 where he has been examined in proof of the offence, in which 
 case the same shall be applied to the improvement of the public 
 highways in the Municipality, as above provided. 7 Vic. 
 cap. 30, sec. 3. 
 
558 
 
 THE MUNICIPAL MANUAL. 
 
 CON. STAT. U. C— CHAPTER XLTIII. 
 
 Dags must 
 be marked. 
 
 I 
 
 5 
 
 AN ACT RESPECTING MILLS AND MILL DAMS. 
 
 Her Majesty, by and with the advice and consent of tie 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 Tolls. 
 
 No greater f. No owncr or occupier of a mill, nor any person employed 
 
 be°t'a'keii'for' bj him, shall demand or take as toll a greater proportion of 
 
 b<iitfn'"^r*B"n ^"^ grain brought to him to be ground and bolted, than one- 
 
 thiin o°no twelfth part thereof, for grinding and bolting the same, under 
 
 tweitth. J, pgnait,y of forty dollars for every such oflFen ; one moiety 
 
 thereof to be paid to Her Majesty for the pi., .ic uses of the 
 
 Province, and the other moiety to any person who may oue 
 
 for the same in any Court of Record. 32 Geo. III. cap, 7, 
 
 sees. 1, 2. 
 
 Bags to bk Marked. 
 
 2. No owner or occupier of a mill shall be bound to receive 
 or be chargeable with the loss of any bag of grain or flour, un- 
 less such bag be marked with the initial letters of the Christian 
 and surname of the owner of the grain, or with some mark 
 distinguishing the bag, which mark of distinction shall bo 
 previously communicated and made known to the said owner 
 or occupier of the mill, or his servant usually attending the 
 same. 32 Geo. III. cap. 7, sec. 3. 
 
 Mill Dams. 
 
 3. Subject to the provisions of the Fishery Act of the Pro- 
 vince of Canada, in case a mill dam be legally erected on any 
 stream, down which stream lumber is usually brought, or in 
 which stream salmon or pickerel abound, the owner or occupier 
 of such dam ji^hall construct and maintain a good and sufficient 
 apron thereto, not less than eighteen feet wide by an inclined 
 plane of twenty -four feet eight inches to a perpendicular of six 
 feet, and so in proportion to the height where the width of the 
 stream will admit of it; and in case such stream or dam be 
 less than fifteen feet wide, the whole dam shall be aproned in 
 like manner with the same inclined plane ; and every such 
 owner or occupant who neglects to construct or maintain such 
 apron, shall for such offence forfeit and pay yearly the sum of 
 one hundred dollars; one moiety thereof to Her Majesty for 
 the public uses of the Province, and the other moiety to any 
 person who may sue for the same ia any Court of Record. 9 
 Geo. IV. cap. 4, sees. 1,2; 22 Vic. cap. 86, sec. 27. 
 
 Owners or 
 occupieis of 
 mills to con- 
 struct aprons 
 to their 
 dams. 
 
 Penalty and 
 its appropri- 
 ation. 
 
THE MUNICIPAL MANUAL. 
 
 559 
 
 Fed 
 
 lOf 
 
 ne- 
 ier 
 
 Wapte-gaten, 
 Slash-I^rdg. 
 
 Mill Dams, construction of, and the passagk of Timber, «fec. 
 
 4. Every owner or occupier of a mill-dam at vjhich an Apron or 
 apron or slide is required to be constructed as aforesaid, shall, »i<Jotp admit 
 if necessary, alter, or, if not already built, shall construct such Fogs, &1'' 
 apron or slide so as to aflFord depth of water sufficient to admit 
 of the passage over such apron or slide of such saw-logs, 
 lumber and timber as are usually floated down the streams or 
 rivers whereon such dams are erected; but any owner or occu- 
 pier of any such dam may construct a waste-gate, or put up 
 brackets and slash-boards in, upon and across the apron, for 
 the purposes of preventing any unnecessary waste of water 
 therefrom, and may keep the same closed when no person is 
 ready and requires to pass or float any craft, lumber or saw- 
 logs over such apron or slide. 12 Vic. cap. 87, sec. 1. 
 
 S- The owner or occupier of any such dam shall not be 
 bound to remo e the brackets or slash-boards across the apron 
 thereof until ;;fae raft, craft, lumber or saw-logs required to be 
 passed are ready to pass, and have for that purpose gained the 
 main channel of the stream. 12 Vic. cap. 87, sec. 1. 
 
 On small Streams. 
 
 O. No persons shall be required to build such aprons or 
 slides as mentioned in the third and fourth sections, on small 
 streams, unless required for the purposes of rafting or floating 
 down lumber and sUw-logs as aforesaid 12 Vic. cap. 87, s. 1. 
 
 Penalties. 
 7- Every owner or occupier of any dam mentioned in the 
 fourth section of this Act, who (if not already made and con- 
 structed) neglects or refuses to make and construct and keep 
 in repair an apron of the description therein mentioned, shall 
 pay a penalty of two dollars per day for every day of such 
 neglect, and such penalty shall be recoverable before any two 
 Justices of the Peace for the County in which the ofience has 
 been committed, on the oath of two credible witnesses, and if 
 not paid shall be levied by distress and sale of the goods and 
 chattels of the offender, by a warrant under the hand and seal 
 of such Justices, or one of them, and shall be paid to the 
 Treasurer of the Municipal Corporation having jurisdiction in 
 the locality where such dam is erected for the general uses of 
 the Municipality. 12 Vic. cap. 87, sec. 3. 
 
 Mill Dahs in Specified Places. 
 1. — In tue County of Huron. 
 8. Subject to the provisions of the Fishery Act, the owner j. 
 or occupier of every dam or weir erected on anr river or stream woirs in the 
 
 Owners not 
 obliifd to 
 reimivH 
 brackeiK, 
 until, &c. 
 
 WbcnaproDi 
 and slides, 
 mentioned in 
 sees. 3 A 4, 
 not required 
 In small 
 streams. 
 
 Penalty on 
 owner of 
 dam refusing 
 to comply 
 with the re- 
 qulremcuta 
 of this Act. 
 
 IIow en- 
 forced. 
 
560 
 
 THE MUNICIPAL MANUAL. 
 
 County of 
 Huron. 
 
 On the river 
 Moim. 
 
 in any of the Townships of Williams, McGillivray, Stephen, 
 Hay, Stanley, Goderich, Colborne, Hullet, McKillop, Tucker- 
 smith, Hibbert, Logan, Fullarton, Usborne, Biddulph, Blan- 
 chard, Downie includinp; the Gore of Ellice, Northeast Hope 
 and Southeast Hope, or any other tracts of land which on the 
 twenty-ninth day of March, one thousand eight hundred and 
 forty-tive, constituted the then District of Huron, shall, if the 
 same has not been already done, construct and maintain, and, 
 if constructed, shall maintain and keep in repair, a good and 
 sufficient apron to such dam or weir, at least twenty-eight feet 
 wide (if the dam or weir be of greater width, and if not, then 
 of the same width as the dam or weir), and at least eight feet 
 in length for every foot rise of such dam or weir, under a 
 penalty of one dollar for each day during which the require- 
 ments of this section are not complied with ; a.nd such penalty 
 shall be recoverable before any two Justices of the Peace for 
 the County in which the oflFence has been committed, on the 
 oath of one credible witness ; and if qot paid, may be levied 
 by distress and sale of the goods and chattels of the offender, 
 by warrant under the hand and seal of such Justices or either 
 of them ; one moiety of such penalty shall belong to Her 
 Majesty, for the public uses of the Province, and the other 
 moiety to the prosecutor. 4 Wm. IV. cap. 65, sec. 1 ; 8 Vic. 
 cap. 66; 1 Vic. cap. 26. 
 
 2. — Os THE River ?Toika. 
 
 9. Subjict to the provisions of the "Fishery Act," the 
 owner or occupier of any dam on the River Moira or its tribu- 
 taries, in the County of Hastings, on which lumber is floated 
 to market, shall construct and maintain, and if constructed, 
 shall maintain and keep in repair a good and sufficient apron 
 to such dam, at least thirty-two feet in width (if the dam be 
 of that or of greater width, and if not, then of the width of 
 the dam) and at least five feet in length for every foot rise of 
 such dam ; and the height of the dam at the place where the 
 apron is constructed, shall be at least two feet lower than the 
 top of the said dam at any other place (unless it occupy the 
 whole width thereof as aforesaid) ; but if the rise of the dam 
 be less than four feet, the height of the dam at the place 
 where the apron is constructed shall not exceed one half its 
 height at any other place. 11 Vic. cap. 10, sec 2. 
 
 mam 
 
 Penalty for 10. Every such apron shall be constructed on the 
 
 contraven- channel of the Stream, and its highest part shall be one foot 
 
 below the level of the dam at the place where it joins the same, 
 
 under a penalty of twenty-five cents for each day the require- 
 
THE MUNICIPAL MANUAL. 
 
 561 
 
 len. 
 
 ian- 
 
 mentsof this and the next preceding section are n)t complied 
 with. 11 Vic. cap. 10, sec. 2. 
 
 11. The said penalty, on the complaint of tny person Howreco- 
 engaged in the lumber trade upon the said river or any tribu- enforced.** 
 tary thereof, may be recovered before any two Justices c" the 
 Peace for the County in which the ofifence has been committed, 
 upon the oath of one credible witness other than the informer, 
 one half of which penalty shall belong to Her Majesty, for the 
 public uses of the Province, and the other moiety to the pro- 
 secutor ; and if upon conviction such penalty be not forthwith 
 paid, it shall, by warrant under the hand and seal of such 
 Justices, or of one of them, be levied by distress and sale of 
 the goods of the offender. 11 Vie. cap. 10, sec. 2. 
 
 not oblige the Owner not 
 •" obliged to 
 
 13 The ninth section of this Act shall 
 owner or occupier of any dam on the River Moira to alter the afterX 
 apron thereof, if constructed before the twenty-third day of JfJ.'u^ted'b^ 
 March, one thousand eight hundred and forty eight, until the foreacertain 
 renewal of such apron. 11 Vic. cap. 10, sec. 2. 
 
 period until 
 renewed. 
 
 8. — Os THE River Otonabee. 
 
 13- No apron to any mill-dam on the River Otonabee shall Special pro- 
 be less than tdirty-two feet wide by an inclined plane of five regard to the 
 feet to a perpendicular of one foot, and so in proportion to the rf^erOtona- 
 hcight of the dam ; and side pieces of at least one foot in 
 height shall be fixed on the outside of every such aproh, to 
 confine the water and prevent the timber from falling off at 
 the sides. 12 Vic. cap. 87, sec. 2. 
 
 As TO Penalties when Dams injured by Floods. 
 
 14. In case any apron be carried away, destroyed or 
 damaged by flood or otherwise, the owner or occupier of the 
 dam to which the same was attached shall not be liable to any 
 such penalty as aforesaid, if such apron be repaired or recon- 
 structed in conformity to this Ac*., as soon as the state of the 
 stream safely permits. 12 Vic. cap. 87, sec. 4 ; 11 Vic. cap. 
 10, sec. 2. 
 
 If aprons 
 injured by 
 floods, &c., 
 penalties 
 suspended 
 for a reason' 
 able time. 
 
 TiMDKR (fee, MAY BE FLOATED DOWN STREAMS AT CERTAIN SkASOXS. 
 
 1*1. All persons may float saw-logs and other timber, rafts ah persons 
 and craft down all streams in Upper Canada during the spring, ^.^^f^c. 
 summer and autumn freshets, and no person shall, by felling down 
 trees or placing any other obstruction in or across any such """""• 
 stream, prevent the passage thereof. 12 Vic. cap. 87, sec. 5. " 
 
 86 
 
» 
 
 562 
 
 Persona us- 
 ing streams 
 not to Injure 
 dams, Ac, 
 
 When gran- 
 tee of Crown 
 not to reco- 
 ver damages 
 fbr overtlow 
 uf his lands. 
 
 Defendant 
 may plead 
 general 
 issue, &c. 
 
 THE MUNICIPAL MANUAL. 
 
 10. In case there be a convenient apron, slide, jjate, lock 
 or opening in any such dam or other structure iniuje for the 
 passage of saw-logs and other timber, ra^ts and crafts autho- 
 rized to bo floated down such stream as aforesaid, no person 
 using any such stream in manner and for the purposes aforewiid. 
 shall alter, injure or dest: jy any such dam or other uselul 
 erection in or upon the bed of or across the stream, or do any 
 unnecessary damage thereto or on the banks thereof. 12 Vie., 
 cap. 87, seo. 5. 
 
 Protection in certain casks of Mills overflowing adjacent Lands. 
 
 17. In case, in any action brought against the proprietor 
 or occupier of a mill, for the overflowing of or injury to land, 
 caused by the erection or continuation of a dam for the pur- 
 poses of such mill, it appears that the overflowing or other 
 injury was caused by the erection or continuation of a dam 
 which was built before the purchase of such land, by the 
 grantee of the Crown and before the grant thereof to him, 
 and that such purchaser obtained a reduction in the price of 
 such land, or was otherwise indemnified in consequence of its 
 being so overflowed or otherwise injured, then the jury on the 
 trial of such action may take such facts into their considera- 
 tion, and, if they think it just and equitable, may, in conse- 
 quence thereof, find a verdict for the defendant. 13, 14 Vic, 
 cap. 75, sec. 1. 
 
 ti^. In any such action the defendant may plead the gene- 
 ral issue, and under such plea, on entering a note of this Act 
 in the margin thereof, may avail himself of this Act and of 
 the matters of defence herein given. 13, 14 Vic, cap. 75, 
 sec. 2. 
 
 CON. STAT, U. C— CHAPTER LVl. 
 
 AN ACT TO REGULATE TRAVELLING ON PUBLIC 
 HIGHWAYS, 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 Wheeled Carriages or Sleighs meeting. 
 »Mti?g to 1- I** case any person travelling dr being upon any highway 
 riffht ri*?* ^° charge of a vehicle drawn by one or more horses, or one or 
 taautberow^ more other animals, meets another vehicle drawn as aforesaid, 
 
THE MUNICD'AL MANUAL. 
 
 563 
 
 the 
 
 ho- 
 
 sori 
 
 itii]. 
 
 If. 
 
 them pro- 
 ven U this. 
 
 he shall turn out to the right from the centre of the rond, 
 allowing; to the vehicle so met one half of the road. 18 Vic. 
 cap. 138, sec. 2. 
 
 3. Id case any person travelling or being upon any high- oarriagei 
 way in charge of a vehicle as aforesaid, or on horseback, bo turn tothe*** 
 overtaken by any vehicle or horseman travelling at a greater right, 
 speed, the person so overtaken shall quietly turn out to the 
 right, and allow the said vehicle Or horseman to pass. 18 
 Vic. cap. 138, sec. 3. 
 
 3 In the case of one vehicle being met or overtaken by if the weight 
 another, if by reason of the extreme weight of the load on of one of 
 either of the vehicles so meeting or on the vehicle so over- 
 taken, the driver finds it impracticable to turn out as aforesaid, 
 he shall immediately stop, and, if necessary for the safety of 
 the other vehicle and if required so to do, he shall assist the 
 person in charge thereof to pass without damage. 
 
 Penalty w Driver Intoxicated. 
 
 'I. In case any person in charge of a vehicle, or of a horse Pennity on 
 or other animal used as the means of conveyance travelling or f,J^Trunk*to 
 being on any highwjiy as aforesaid, be through drunkenness manage 
 unable to drive or ride the same with safety to other persons ' * ' **'***" 
 travelling on or being upon the highway, he shall incur the 
 penalties imposed by this Act. 18 Vic. cap. 138, sec. 4. 
 
 Racing PRoniBiTED, 
 
 S- No person shall race with or drive furiously any horse Pacing on 
 or other animal, or shout or use any blasphemous or indecent forbidden, 
 language upon any highway. 18 Vic. cap. 138, sec. 5. 
 
 O- In case any person so races or drives, or shouts or uses swearing on 
 blasphemous or indecent language, he shall incur the penalties fofyJ^J'. 
 imposed by this Act. 18 Vic. cap. 138, sec. 5. 
 
 Sleigh Bells. 
 
 7> Every person travelling upon any highway with a eieighhoneR 
 sleigh, sled or cariole, drawn by horse or mule, shall have at *«*>»'*'»"*. 
 least two bells attached to the harness. 18 Vic. cip. 138, 
 
 sec. 7. 
 
 Bridges. 
 
 8. Every person who has the superintendence and manage- Nottcetobe 
 ment of any bridge exceeding thirty feet in length, shall cauge b??dge8*to"* 
 to be put up at each end thereof, conspicuously placed, a "^^^"^ 'J^ 
 notice legibly printed in the following form : * *''*'* 
 
564 
 
 THE MUNICIPAL MANUAL. 
 
 " Any person or persons riding or driving on or over this 
 
 " bridge at a faster rate than a walk, will on conviction thereof, 
 
 " be subject to a fine, as provided by law." 8 Vic. cap. 44, 
 
 sec. 3. 
 
 Penalty on 9- In caso anv person injures or in any way interferes with 
 
 Serving ^"°^ notice, he shall incur a fine of not less than one nar luoro 
 
 «iiLh notice, than eight dollars, to be recovered in the same manner as uthor 
 
 penalties imposed by this Act. 8 Vic. cap. 44, sec. 4. 
 
 Fast driving IO' If, whilo such noticc continues up, any person rides or 
 foTbidJen!^* drives a horse or other beast of burden, over such bridge at a 
 
 pace faster than a walk, he shall incur the penalties imposed 
 
 by this Act. 18 Vic. cap. 138, sec. G. 
 
 Tenalty for 
 contraven- 
 ing ihis Act, 
 
 
 Penalties. 
 
 11. . In cases not otherwise specially provided for, if any 
 person contravenes this Act, and such contravention be duly 
 proved by the oath of one credible witness, before any Justice 
 of the Peace having jurisdiction within the locality where the 
 oiTenc'e has been committed, the offender shall incur a penalty 
 of not less than one dollar nor more that twenty dollars, in the 
 discretion of such Justice, with costs. 
 
 Tobeenforc- IS- If "0* V^^^ forthwith, the penalty and costs shall be 
 edbydiBtress levied by distress and sale of the goods and chattels of the 
 offender, under a warrant signed and sealed by the convicting 
 Justice, and the overplus, if any, after deducting the penalty 
 and costs and charges of sale, shall be returned, on demand, 
 to the owner of such«goods and chattels. 
 
 13. In default of payment or distress, the 'offender shall, 
 by warrant signed and sealed as aforesaid, be imprisoned in 
 the common gaol for a period of not less than one day nor 
 more than twenty days, at the discretion of the Justice, unless 
 such fine, costs and charges be sooner paid. 
 
 14- No such fine or imprisonment shall be a bar to the 
 recovery of damages by the injured party before any Court of 
 competent jurisdiction. 18 Vic. cap. 138, sec. 8. 
 
 ItS. Every fine collected under this Act shall be paid to 
 the Chamberlain or Treasurer of the local Municipality or 
 place in which the offence was committed, and shall be applied 
 to the general purposes thereof. 18 Vic. cap. 138, sec. 9. 
 
 16- Any conviction under this Act may be appealed in the 
 manner provided in the Act respecting appeals in cases of 
 summary convictions. 18 Vic. cap. 138, sec. 10. 
 
 Or by impri- 
 aonment. 
 
 Not to bar 
 action of 
 damages- 
 
 Application 
 of penaltiei. 
 
 Appeal. 
 
THE MUNICIPAL MANUAL. 
 
 565 
 
 CON. STAT. U. C-CnAPTER LVII 
 AN ACT RESPECTING LINE FENCES AND WATER-COURSES. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 1. Each of the parties occupying adjoininc tracts of land ^^"^ futy 
 
 1 II I 1 J . *^*' . "^ . *' .9 o ,t !• • to make ttud 
 
 shall make, keep up and repair a just proportion of the divi- repair a por- 
 sion or line fence on the line dividing such tracts, ■ iJ equally dw°?!a'^^' 
 on either side thereof. 8 Vic. cap. 20, sec. 2. '> ice. 
 
 3. Any fence coming within the meaning of a lawful feuce what congti- 
 iii any By-law. of the Municipal Council in that behalf, is to J",'*f*'gJ,'*' 
 be considered a lawful fence ; and when no such By-law exists, 
 any Fence-viewers, when called upon, are to exercise their own 
 judgment, and decide what they consider to be a lawful fence. 
 8 Vic. cap. 20, sec. 3. 
 
 3- The owner of the whole or part of a division or lineDi^igioQ 
 fence, which forms part of the fence inclosing the occupied or '""ces not to 
 
 bo fcmoTOd 
 
 improved land of another person, shall not take down or remove without 
 any part of such fence. 8 Vic. cap. 20, sec. 9. ""*•'*• 
 
 1. Without giving at least twelve months previous notice of Twelve 
 his intention to the owner or occupier of such adjacent en- ^^^^ •"•" 
 closure. 8 Vic. cap. 20, sec. 9. 
 
 2. Nor unless such last mentioned owner or occupier, afler Nor unieRs 
 demand made upon him in writing by the owner of such fence, *n^^iu|S,nt 
 refuses to pay therefor a sum to be determined, as provided in refuses to 
 the next sub-section. 8 V^ic. cap. 20, sec. 9. ^^ 
 
 3. Nor, if such owner or occupier will pay to the owner of Nor if ho 
 such fence, or any part thereof, such sum as three Fence- thr^le'enee- 
 viewers, or a majority of them in writing, determine to be the Jjj^j" 
 reasonable value thereof. 8 Vic. cap. 20, sees. 8, 9. 
 
 4:. When any land which has laid uninclosed or in common, J^^"/"^.*"* 
 is afterwards inclosed or improved, the occupier shall pay to dosed, the 
 the owner of the division or line fence standing upon the ^y "ghwa 
 divisional line between such land and the enclosure of any of any 
 other occupant or proprietor, a just proportion of the value division^ 
 thereof. 8 Vic. cap. 20, sec. 8. «»»»«»• 
 
 S- When a water-fence or a fence running into the water water fences 
 is necessary, the same is also to be made in equal parts, unless Jn^J^ip^ro- 
 the parties otherwise agree. 8 Vic. cap. 20, sec. 10. portions. 
 
 I 
 
When lands 
 are divided 
 by a river or 
 creek. 
 
 568 THE MUNICIPAL MANUAL. 
 
 6- When lands belonging to or occupied by different per- 
 sons, are divided from oach other by any river, brook, pond or 
 creek, which of itself is not a sufficie.it barrier, and it is im- 
 practicable to fence upon the true boundary line, the fence 
 shall be set up on one side of the river, brook, pond or creek, 
 or partly on one side and partly on tha other, as may be just. 
 8 Vic. cap. 20, sec. 11. 
 
 wiien T. When it is the joint intercut of parties resident, to open 
 
 water* **' ^ ditch or Water course for the purpose of letting off suplus 
 
 courses may water from swamps or low miry lands, in order to enable the 
 
 eopene . Q^„gj.g qj occupicrs thereof to cultivate or improve the same, 
 
 such several, parties shall open a just and fair proportion of 
 
 such ditch or watercourse according to their several interests. 
 
 8 Vic. cap. 20, sec. 12. See 22 Vic. cap. 99, sec. 271. 
 
 8. Three Fence-viewers of the Municipality, or a majority 
 
 viewOTJtr^ of them, may decide all disputes between the owners or 
 
 decideaudis. occupants 01 adjoining lands, or lands so divided or alleged to 
 
 *" ■ be divided as aforesaid, in regard to their respective rights 
 
 and liabilities under this Act, and also all disputes respecting 
 
 the opening, making or paying for ditches and water courses, 
 
 under this Act 8 Vic. cap. 20, sees. 2, 11. 
 
 O. Every determination or award of Fence-viewers shall be 
 in writing signed by such of them as concur therein, and they 
 shall transmit the same (or a certified copy thereof) to the 
 Clerk of the Municipality, and shall also deliver a copy to 
 every party requiring the same, and such determination or 
 award shall be binding on the parties thereto. 8 Vic. cap. 
 20, sec. 2. 
 
 10. When the dispute is as to the commencement or extent 
 of the part of the fence to be made or repaired by either party, 
 or as to the opening of a ditch or water-course, or us to the 
 part, width, depth or extent that any person should open or 
 make, either party may by writing notify the Fence-viewers 
 of the dispute, and name in the notice for the investigation 
 thereof the time and place of meeting, and shall also notify 
 the other party to appear at the same time and place. 8 Vic. 
 cap. 20, sees. 2, 12 ; see 18 Vic. cap. 137. 
 
 11. On receiving such notice the Fence-viewers shall attend 
 at the time and place named, and after being satisfied that the 
 other party has been also duly notified, they shall examine the 
 premises and hear the parties and their witnesses if demanded, 
 and according to the subject matter of the reference shall 
 decide the commencement or extent of the part of the fence 
 
 Award to be 
 in writing, 
 and copy 
 delivered. 
 
 
 What the 
 Fence- view- 
 ers are to 
 determine. 
 
 The Fence- 
 viewers, 
 vpon receiv- 
 ing notice, 
 are to attend, 
 Investigate 
 and decide 
 or apportion. 
 
TUE MUNICIPAL MANUAL. 
 
 567 
 
 per- 
 nd or 
 8 im- 
 fence 
 jreek, 
 just. 
 
 vhich either party claims to have made or rcpnired, or refuses 
 to luakc or repair ; or shall divide or apportion the ditch or 
 water course among the several parties, having due regard to 
 the interests of each in the opening thereof, and shall fully 
 determine the matters in dispute. 8 Vic. cap. 20, seo. 2. 
 
 12. On any reference regarding the opening or making of To decide 
 a cRtch or water-course, the Fence-viewers shall decide what *f\'y*°fJS, 
 length of time each of the parties shall have to open the share be allowed to 
 of tie ditch or water-course which, the Fence-viewers decide "p*" ^'*«'^»> 
 each such parly shall open ; and if it appears to the Fence- 
 viewd's that the owner or occupier of any tract of land is not 
 suflicently interested in the opening of the ditch or water- 
 coursi to make him liable to perform any part thereof, and at 
 the same time that it is necessary for the other party that such 
 ditch should be continued across such tract, they may award 
 the s£me to be done at the expense of such other party; and 
 af:er such award, the last-mentioned party may open the ditch 
 or water-course across the tract at his own expense, without 
 bexig a trespasser. 8 Vic. cap. 20, sees. 12, 13. 
 
 13- When, by reason of any material change of circum- When an 
 starces in respect to the improvement and occupation of FMce^view- 
 adjtcent lots or parcels of land, an award previously made ersmavbe 
 undir this Act ceases, in the opinion of either of the parties, 
 to b( equitable between them, such party may obtain another 
 awari of Fence-viewers by a like mode of proceeding; and if 
 he Fence-viewers called upon to make a subsequent award 
 ind no reason for making an alteration, the whole cost of the 
 cf'erence shall be borne by the party at whose instance it has 
 ben made. 8 Vic. cap. 20, sec. 12. " " 
 
 14. If any party neglects or refuses upon demand made in 
 witing as aforesaid, to opon or make and keep open, his share 
 orproportion of the ditch or water course allotted or awarded 
 toiim by the Fence-viewers, within the time allowed by them, 
 an of the other parties may, after first completing his own 
 shje or proportion, open the share or proportion allotted to 
 tho)arty in default, and shall be entitled to recover not ex- 
 cee'ng forty cents per rod for the same from the party so in 
 defiijt. 8 Vic. cap. 20, sec. 14. 
 
 1^ If after an award of Fenf«>-viewers, or after being re- 
 quid by a demand in writing by the party occupying the 
 adjoUng tract, or a tract separated therefrom by a river, pond 
 or cr<k, a party in the occupation of any tract of land neglects 
 or relses fur a period of thirty days, to m^ke or repair (as 
 
 If a party 
 refuses to 
 perform hla 
 share of • 
 ditch or wa- 
 ter course, 
 the other 
 party may du 
 it for him, 
 but at the 
 expense of 
 the penon la 
 default. 
 
 If a party 
 does not per- 
 form bis 
 share of the 
 division 
 frnce, the 
 other party 
 
568 
 
 THE MUNICIPAL MANUAL. 
 
 m»y do it,' 
 but at the 
 expense of 
 the party ia 
 default. 
 
 the case may be) his proportion of the division or line fenca 
 between his tract and such adjoining or separated tract, or i:' 
 the party making the demand neglects or refuses for the like 
 period to make or repair his own proportion of the fence, 
 either party, after first completing his own proportion, may 
 mukc or repair, in a substantial manner and of good sound 
 materials, the whole or any part of the fence, which ought to 
 have been made or repaired by the other party, and may re- 
 cover from him the value thereof. 8 Vic. cap. 20, sec. 3. 
 
 A Justice of 
 the Poime to 
 Bummon 
 three Fonce- 
 viewcrs. 
 
 Imotin^thaii ^®* '^'^ ascertain the amount payable by any person who, 
 
 beascer- Under the authority of this Act, makes or repairs a fenje, or 
 
 tained. makes, opens, or keeps open any ditch or water course vhich 
 
 another person should have done, and to enforce the papient 
 
 of such amount, the following proceedings, shall be taken. 8 
 
 Vic. cap. 20, sec, 4. 
 
 1. Any of the persons interested may apply to a Justice of 
 the Peace residing within the Municipality or Township in 
 which any such fence is situated, and if ;,here be no sich 
 Justice residing therein, then to any Justice of the Peace re- 
 siding in any adjacent Municipality or Township, and tbre- 
 upon such Justice shall issue a summons under his hand and 
 seal, directed, by name, to three Fence-viewers of the !J'uni- 
 cipality in which the fence is situated, requiring then to 
 attend at the place and on the day and hour therein raentimed, 
 to view such fence and to appraise the same. 8 Vic. cap 20, 
 sec. 4. 
 
 And the par- 2. The Justice shall at the same time issue a summons t» 
 ^indBfeuit *^® P^'"*-y s^ having neglected or refused to make and ropar 
 his proportion thereof (who shall thenceforth be coiisiderd 
 the defendant in the case), requiring him to appear at to 
 same time and place, to shew cause why the party claimig 
 payment (who shall thenceforth be considered the plaintiffm 
 the case) should not recover the same. 8 Vic. cap. 20, sec4. 
 
 3. The Fence-viewers shall be personally served with ho 
 summons at least four days before the day named for teir 
 attendance. 8 Vic. cap. 20, sec. 5. 
 
 4. 
 person to give 
 
 shall, upon the application of such party, issue a summ<s to 
 such witness or witnesses to attend before the Fence-vWera 
 at the time and place mentioned in the summons to the3ncc- 
 viewera. 8 Vic. cap. 20, sec. 6. 
 
 Fcnce-vlew- 
 •rg to receive 
 four days' 
 notice. 
 
 Witnesses 
 may be 
 summoned. 
 
 If either party desires to procure the attendance obny 
 in to give evidence before the Fence-viewers, the Jitice 
 
THE MUNICIPAL MANTTAL. 
 
 569 
 
 nc3 
 r i:' 
 ike 
 ce, 
 
 md 
 
 5. The Fence-viewers, when met at the time aad plnce Tiie Fence- 
 appointed, shall, whenever desired by cither party, or when- Jwear'wiu"' 
 ever they themselves think it proper, may administer an oath nesses. 
 
 to any witness, which oath is to be in the following form : 8 
 Vic. cap. 20, sec. 6. 
 
 " You do solemnly swear that you will true answer make Oath. 
 to such questions as mfly be asked of you by either of the 
 Fence-viewers now present, touching the matters which they 
 are now to examine and determine. So help you God." 
 
 6. The Fence-viewers, or any two of them being present, a msjority 
 shall, after having duly examined the fence and received evi- vfewersmay 
 dence, determine whether the plaintiff is entitled to recover decide, 
 any and what sum from the defendant. 8 Vic cap. 20, sec. 5. 
 
 7. In case the commencement or extent of the part of the 
 division or line fence which each should make or repair had 
 nbt been previously determined by the award of Fence-viewers, 
 the'Fence- viewers named in the summons, or any two of them, 
 shall determine the same; and if they determine that the 
 plaintiff is entitled to recover from the defendant, they shall 
 also state what dist&noe of fence the defendant should have 
 made or repaired. 8 Vic. cap. 20, sec. 5. 
 
 8. The Fence-viewers, if required by either party, before 
 they report, shall give to such party a copy of their determi- 
 nation. 8 Vic. cap. 20, sec. 5. 
 
 9. The Fence-viewers shall report their determination in 
 writing under their hands to the Justice who issued the sum- 
 mons, and such determination shall be final. 8 Vic. c. 20, s. 5. 
 
 10. The Justice to whom the determination of the Fence- whoshnu 
 viewers is returned, shall transmit the same to the Clerk of the g*nfo to Uic 
 Division Court having jurisdiction over that part of lueMuni- S'.'J.':!^/'' '''* 
 cipality, and shall certify and transmit a copy thereof to the couit, 
 Clerk of the Municipality, to be entered in the book in which 
 
 the Municipal proceedings are recorded. 8 Vic. cap. 20, s. 7. 
 
 What to b« 
 decided if 
 there ban 
 lieen no pro-. 
 t1ou3 award 
 
 Fence-view- 
 eis to deliver 
 copy of 
 award if 
 reijiiired. 
 
 To deliver 
 their award 
 to the .1 118- 
 tice of tha 
 I'eai'O, 
 
 the expiration of forty days from the time of the ^^'J"^"®g 
 n, the Clerk of the Division Court shall issue an I'liy 111^00 
 
 11. After 
 determination, 
 
 >-v^ execution against the goods and chattels of the defendant in 
 the same manner as if the paity in whose favor the determina- 
 tion has been made had recovered judgment in the Division 
 Court for the sum which the Fence-viewers have determined 
 him to be entitled to receive, with costs. 8 Vic. cap. 20, 
 eec. 7. 
 
 may I 
 
 execution 
 
 thereon. 
 
I I 
 
 570 
 
 Fees. 
 
 Disburse- 
 ments. 
 
 THE MUNICIPAL MANUAL. 
 
 17. The following fees, and no more, may be received un- 
 der this Act, by the persons mentioned, that is to say : 
 
 To the Justice of the Peace: 
 For summons to Fence-viewers, twenty-five cents ; 
 
 For subpoena, which may contain three names, twenty-five 
 cents. 
 
 For transmitting copy of Fence-viewers' determination to 
 Division Court and to Clerk of the Municipality, twenty-five 
 cents. 
 
 To the Fence-viewers : 
 
 One dollar per day each : if less than half a day employed, 
 fifty-cents. 
 
 To the Bailiff or Constable employed : 
 
 For serving summons or subpoena, twenty-cents. 
 
 Mileage — per mile, six and two-thirds cents. 
 
 To Witness — per day, each, fifty cents. 8 Vic. c. 20, s. 16. 
 
 18. Upon the party in whose favor the determination of 
 the Fence-viewers has been made, making an affidavit, which 
 the Clerk of the Division Court may administer, that such fees 
 have been duly paid and disbursed to the persons entitled 
 thereto, the Clerk shall include the amount thereof in the 
 execution, and when collected, shall pay over the same to the 
 said party. ,8 Vic. cap. 20, sec. 17. 
 
 The Rtanddrd 
 weigh U ami 
 measures to 
 remain in 
 the custody 
 of the Pro- 
 vincial Secre- 
 tary. 
 
 Provlncisl 
 Secretary to 
 furniiili ench 
 each Munici- 
 pality with 
 standard 
 weights, &c. 
 
 CON. STAT. U. 0.-CHAPXER LVIII. 
 
 AN ACT RESPECTING WEIGHTS AND MEASURES. 
 
 He; Majesty by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 I. The Set of Weights and Measures according to the 
 standard of Her Majesty's Exchequer in En<:laud, heretofore 
 procured for Upper Canada, shall at all times be and remain 
 in the charge and custody of the I'rovincial Secretary. 4 
 Geo. IV., cap. 10, sec. 2. 
 
 2- Whenever any Municipal Council, authorized to appoint 
 an Inspector of Weights and Measures, addresses the Governor 
 requesting that the Municipality may be furnished with a true 
 copy or set of such weights and measures, the Governor may 
 
THE MUNICIPAL MANUAL. 
 
 m 
 
 
 direct the Provincial Secretary forthwith, at the coat of the 
 Municipal Corporation, to furnish such copy or set, made of 
 such durable materials as the Secretary deems the most proper 
 for the purpose. 4 Geo. IV, cap. 16, sec. 3 ; 12 Vic. cap. 85, 
 sec. 12; see 22 Vic. cap. 99, sees. 273, 274. 
 
 3. The Municipal Council of every City may by By-law EreryCity 
 appoint one or more Inspectors of Weights and Measures for appoint one^ 
 the Municipality. 12 Vic. cap. 85, sec. 12 ; 22 Vic. cap. 99, J™^„of 
 
 sec. 274. welghti,tc. 
 
 4:- The Municipal Council of every in''- iporated Town may Every Town 
 by by-law appoint one Inspector of Weights and Measures for Council may 
 the Municipality. 12 Vic. cap. 85, sec. 12 j 22 Vic. cap. 99, °""'''"*""'' 
 sec. 274. 
 
 appoint one. 
 
 S. The Municipal Council of every County may by by-law KveryCoun- 
 appoint one or more Inspectors of "Vy eights and Measures for ma^appoint 
 the County, or for any Division thereof, to be defined in the oueormore. 
 by-law, but no appointment or Division under this section 
 shall extend to or include incorporated Towns. 18 Vic. cap. 
 135, sec. 1 ; 22 Vic. cap. 99, sec. 274. 
 
 6- When there are two or more Inspectors in the Munici- when more 
 pality, the Council thereof shall, by by-law, appoint one of councn to'*'* 
 them to be the senior Inspector. 18 Vic. cap. 135, sec. 1; appoint who 
 see 12 Vic. cap. 85, sec. 9. . I^enfon* 
 
 y. Every Inspector now or hereafter appointed shall con- ?'°*2,"''°nf 
 tinue in office until removed by the Municipal Council. 18 remored. 
 Vic. cap. 135, sec. 1. 
 
 8. The Inspector, or, where there is more than one, the standard to 
 senior Inspector, shall have charge of the Standard Weights ^hiTi^'^. 
 and Measures of the Municipality, and of the Mark, Stamp, tor or senior 
 or Brand, marked with the Royal initials, V. R., for the pur- th^se m^ 
 pose of marking such weights and measures as are required to 
 be marked under this Act ; and such senior Inspector shall 
 keep the same for the use of himself and of the other Inspec- 
 tors. 12 Vic. cap. 85, sees. 2, 9. 
 
 9- Every Inspector shall, before entering on the duties of inspectors to 
 his office, take and subscribe the following oath : S^Ara'ce."**'* 
 
 he. 
 
 " I, A. B., do hereby promise and swear, that I will care- 
 fully preserve all Weights and Measures given me in charge, 
 or for my use as Inspector, as a Standard for the Municipality 
 (or Division, as the case may he) of , and that I will 
 
 The oath. 
 
572 
 
 THE MUNICIPAL MANUAL. 
 
 ! 
 
 Inspector to 
 iuspuct, and 
 mark If cor- 
 rect, all 
 weights and 
 DieaBiireR 
 cnbmitted to 
 him. 
 
 Innpector to 
 attend for 
 that purpone 
 at 8uch times 
 and placeH m 
 the Munici- 
 pal Council 
 Hppuinta. 
 
 To Rive 
 notice. 
 
 Fees of 
 InspHctorR. 
 
 Standard 
 weights of 
 different 
 liiiids.'f 
 grHin. Ac, as 
 <'8talil|nhed 
 for U. C. 
 
 deliver them over to my successor in office, duly appointed for 
 that purpose, when required so to do, and that I will honestly 
 and faithfully discharge the duties of Inspector of Weights 
 and Measures for such Municipality, (or Division) pursuant to 
 the true intent and meaning of the law in that behalf, accord- 
 ing to the best of my abilities and knowledge. So help me 
 God." 12 Vic. cap. 85, sec. 2. 
 
 lO- Every Inspector shall carefully examine and compare, 
 with the standard so furnished as aforesaid, any weights and 
 measures presented to him for that purpose within his Muni- 
 cipality or Division, and when the same are found of the true 
 weight and measure, he shall mark, stamp or brand the same, 
 (if a measure, as near the two ends, top and bottom, as ma 
 be,) with the stamp or brand furnished for the purpose. 1 j 
 Vic. cap. 85, sec. 3. 
 
 11. Every Inspector shall attend at such time and place in 
 his Municipality or Division as the Municipal Council may 
 appoint, once, but not oftener than twice in each year, with 
 the' Stamps and Set of Standard Weights and Measures in his 
 custody, to examine and compare, and if found correct, to 
 stamp all weights and measures brought to him for that 
 purpose. 
 
 12. He shall give one month's notice of the time and place 
 so appointed, by publishing the same in one or more news- 
 papers, or by postfng up copies thereof in four of the most 
 public places in his Municipality or Division. 12 Vic. cap. 
 85, sees. 4, 10. 
 
 13. Every Inspector may demand and receive ten cents, 
 and no more, for every weight or measure he marks or stampij. 
 12 Vic. cap. 85, sec. 8. 
 
 14:. The following rates shall be the Standard Weight, and 
 shall in all cases be allowed to be equal to the Wiricliester 
 Bushel, namely : 
 
 Wheat, Sixty pounds, 
 
 Indian Corn,. Fifty-six pounds, 
 
 Rye, , Fifty-six pounds. 
 
 Peas, Sixty pounds, 
 
 Barley, Forty-eight pounds, 
 
 Oats, , Thirty-four pounds, 
 
 Beans, Sixty pounds. 
 
 Clover Seed, .... Sixty pounds, 
 
 Timothy Seed, Forty-eight pounds, 
 
 Buck-Wheat, Forty-eight pounds. 
 
THE MDNIOIPAL MANUAL. 
 
 573 
 
 But the effect of any contract made before this Act, shall not Certain 
 be varied by anything herein contained. 16 Vic. cap 
 see. 2. 
 
 1 0Q ontraRts not 
 ^''«>> affected- 
 
 
 15. Upon every sale and delivery, and in every contract The bushel 
 for the sale or delivery of any grain, pulse or seeds, the a^^ijf*"'" 
 bushel shall, unless otherwise agreed upon by the parties, be weight not 
 taken to mean the weight of a bushel as regulated by this Act, ^^ ■"«"""■ 
 and not a bushel in measure, or according to any greater or 
 less weight. 16 Vic. cap. 193, sec. 3. 
 
 16- Every storekeeper, shopkeeper, miller, distiller, batcher penaUy if 
 baker, huckster, or other trading person, and every wharfinger weight u 
 or forwarder in any County or place in Upper Canada, who, wUhin™cOT- 
 two months after the appointment of an Inspector therefor, ***" **"*• 
 uses any weight or measure, which has not been duly stamped 
 according to law, or which may be found light or otherwise 
 unjust, shall, on conviction, forfeit a sum of not more than 
 twenty nor less than eight dollars ; and every such light or 
 unjust weight or measure so used shall, on being discovered 
 by any Inspector, be seized, and on conviction of the person 
 using the same, shall be forfeited, and broken up by the 
 Inspector. 12 Vic. cap. 85, sec. 4; 4 Geo. IV. cap. 16, s. 6; 
 3 Vic. cap. 17, sec. 3. 
 
 17. Every Inspector may, at all reasonable times, enter inspector 
 any shop, store, warehouse, stall, yard or place whatsoever, XpsT&c.^ to 
 within his County or Division, where any commodity is examino ' 
 bought, sold or exchanged, weighed, exposed or kept for sale, mealuros!" 
 or weighed for conveyance or carriage, and there examine all 
 weights, measures, steelyards or other weighing machines, and 
 compare and try the same with the copies of the standard 
 weights and measures provided by law. 12 Vic. cap. 85, s. 5. 
 
 18. If, upon such examination, it appears that the said Forfeiture of 
 weights or measures, or any or either of them, have not been a'aiJ,^""" 
 stamped, or are light or otherwise unjust, the same shall be weights and 
 liable to be seized and forfeited, and the person or persons in "'*■*""•• 
 whose possession the same are found, shall, on conviction, 
 
 forfeit a sum not exceeding eight dollars for the first, and 
 twenty dollars for every subsequent offence. 
 
 10. Any person who has in his possession a steelyard or Penalty for 
 other weighing machine, which on such examination is found Bte«i"y*ard8.* 
 incorrect or otherwise unjust, or who, when thereto required, 
 neglects or refuses to produce for suoh examination all weights, 
 measures, steelyards or other weighing machines in his posses- 
 
574 
 
 THE MUNICIPAL MANUAL. 
 
 Penalty not 
 to be Incur- 
 red till two 
 months 
 after receipt 
 of standard 
 weights, Ike. 
 
 IIow penal- 
 ties recover- 
 able. 
 
 When reco- 
 Tored, how 
 to be applied 
 
 sion, or who otlierwise obstructs or hinders such examination, 
 shall be liable to a like penalty. 12 Vic. cap. 85, sec. 5. 
 
 30- No penalty as aforesaid shall be incurred in any 
 County, Division or locality, until two months at least after a 
 standard of weights and measures have been received by the 
 Inspector legally appointed therefor. 
 
 31. All penalties under this Act, together with all reason- 
 able costs, shall be recoverable before any Justice of the Peace, 
 on the oath of the Inspector or of any other credible witness, 
 and shall, if not forthwith paid, be levied by distress and sale 
 of the goods and chattels of the offender, and in default of 
 distress the offender shall be committed to the Common Gaol 
 of the County wherein the conviction took place for a term 
 not exceeding one month ; and all such penalties when re- 
 covered, shall belong to the Crown for the public uses of the 
 Province, and shall be paid over to the Inspector, and shall 
 by him bo accounted for in the same manner as other public 
 moneys coming into his hand by virtue of his office. 12 Vic. 
 cap. 85, sec. 5. 
 
 22. If any person makes, forges, or counterfeits, or causes, 
 or procures to be made, forged or counterfeited, or knowingly 
 acts or assists in the making, forging or counterfeiting any 
 stamp or mark legally used for the stamping or marking of any 
 weights or measures in any County or place in Upper Canada, 
 he shall be guilty of a misdemeanor, and on being convicted 
 thereof, shall be liable at the discretion of the Court, to be 
 fined and imprisoned in the Common Goal of the County 
 where the conviction takes place ; but such fine shall not ex- 
 ceed eighty dollars and such imprisonment shall not exceed 
 three months. 
 
 Penalty for 33- If any person knowingly sells, alters, disposes of or 
 semng'&J. exposes to sale any weight or measure, with such forged or 
 any weight counterfeit stamp or mark thereon, he shall, for every such 
 whhroun* offcnce, forfeit, on conviction, a sum not exceeding forty dol- 
 terfcit stamp Jajg^ nor jgss than eight dollars, to be recovered under the pro- 
 visions of the twenty-first section of this Act ; and all weights 
 and measures with such forged or counterfeited stamps or 
 marks shall be forfeited, and broken up by the Inspector. 12 
 Vic. cap. 85, sec. 6. 
 
 Punishment 
 of persons 
 forging 
 stamps, &c. 
 
 Penalty If 
 Inspector 
 ■tamps 
 weights or 
 
 24. If any Inspector stamps, brands or marks any weight 
 or measure without having first duly compared and verified 
 the same with and by the Standard Weights and Measures 
 
THE MUNICIPAL MANUAL. 
 
 575 
 
 provided by law for that purpose, or is guilty of a brcacli of moasureg 
 any duty imposed upon him by this Act, he shall, on convic- rxaminaUoD. 
 tion, forfeit a sum not exceeding twenty dollars to be recovered 
 and applied as aforesaid. 12 Vic. cap. 85, sec. 7. 
 
 'tis. When any Inspector of Weights and Measures is re- standards to 
 moved from office, or resigns, or removes from the place for o^erloTe-* 
 which ho has been appointed, he shall deliver to his successor cofHors in 
 in office, or to such other person as the Council of the Muni- °^''^' 
 pality may for that pnrpose by by-law appoint, all the beams, 
 stamps and Standard Weights md Measures in his possession 
 as such Inspector, and in case of the death of such Inspector, 
 his representatives shall in like manner deliver the same to his 
 successor in office, or to such other person as aforesaid. 
 
 36- In case of refusal or neglect to deliver such beams. Remedy by 
 stamps and Standard Weights and Measures entire and com- 
 plete, the successor in office may maintain an action on the 
 case, against the person or persons so refusing or neglecting, 
 and shall recover double the value of such of them as have not 
 been delivered, and in every such action in which judgment 
 is rendered for the plaintiff, he shall recover double costs; and 
 of the damages levied, one moiety shall be retained by the 
 plaintiff, and the other moiety shall be applied in supplying 
 such standards as may be required in his office. 12 Vic. cap. 
 85, sec. 13. 
 
 37- Any conviction under this Act may be appealed in the Appeals. 
 manner provided in the Act respecting Appeals in cases of 
 Summary Convictions. 12 Vic. cap. 85, sec. 14. 
 
 ac^tioii tor 
 Htanilnrdg 
 not so 
 delivered. 
 
 38. This Act is to be subject to and controlled by and to This Act 
 be construed with the Consolidated Statutes of Canada res- §oint Art, 
 pecting Weights and Measures. 22 Vic. o. 21 (1859). «p-63. 
 
 CON. STAT. U. C.-CHAPTER LIX. , 
 
 AN ACT RESPECTING THE PUBLIC HEALTH. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 1. The .Health Officers of any Municipality or Police Vil- HeaitiiOffl- 
 lage in Upper Canada, or any two of them, may, in the day f^^^^l^^ 
 time, as often as they think necessary, enter into and upon any and examine 
 premises in the place for which they hold office, and examine *°^ v""^^" 
 such premises. 5 Wm. IV. cap. 10, sec. 2. 
 
576 
 
 THE MUNICIPAL MANUAL. 
 
 If fnuml lui- 
 cIuiiD, niiiy 
 (ii'der pro- 
 prietor to 
 cloause. 
 
 Tn cave of his 
 neglect or re- 
 fiiH«l, tbo 
 IlHuUh (Offi- 
 cers and 
 Constablea 
 tnsv enter 
 aud cleuuse. 
 
 The GoTfer- 
 nor may 
 make rules 
 ruBpertiDK 
 Vessela en- 
 tering Ports, 
 &c. 
 
 1'enalty for 
 diRobediuuce 
 of Health 
 Oflleers, &C. 
 
 Proceedings 
 in case of 
 uiNlignant 
 diseases in 
 crowded or 
 unhealthy 
 places. 
 
 fi. If, upon such cxaraiaation, they find that the premises 
 arc in a filthy or jinclean state, or that any matter or thitig is 
 thereon which, in their opinion, may enilunger the publio 
 health, they or any two of them uiay order the proprietor or 
 occupant of the premises to cleanse the same, and to rcraovo 
 what is so found thereon. 5 Wra. IV. cap. 10, sec. 2. 
 
 3. Such Health Officers, in case the proprietor or occupier 
 of the premises neglects or refuses to obey thei.. directions, 
 may call to their assistance all Constables and any other per- 
 sons they think fit, and may enter on the premises and cleanse 
 the same, and remove therefrom and dbstroy what in their 
 opinion it is necessary to remove or destroy for the preserva- 
 tion of the public health. 5 Wm. 4, cap. 10, sec. 2. 
 
 4' The Governor-in-Council may make and declare such 
 regulations concerning the entry or departure of boats or 
 vessels at the diflFerent ports or places in Upper Canada, and 
 concerning the landing of passengers or cargoes from such 
 boats or vessels, or the receiving passengers and cargoei? on 
 board of the same, as may be thought best calculated to pre- 
 serve the public health. 5 Wm. IV. cap. 10, sec. 3. 
 
 5. If any person wilfully disobeys or resists any lawful 
 order of the Health OflScers, or of any two of them, or wilfully 
 violates any regulation made and declared by the Governor-in- 
 Council under this Act, or wilfully resists or obstructs the 
 Health Officers in the execution of their dudes, such person, 
 on conviction befoi-e two or more of Her Majesty's Justices of 
 the Peace for the locality where the offender resides, or where 
 the offence has been, committed, shall pay a fine of not less 
 than four dollars nor more than eighty dollars ; which fine 
 shall be paid to Her Majesty's Receiver-General for the public 
 uses of the Province. 5 Wm. 4, cap. 10, sec 4 j 10 Vic. cap. 
 178, sec. 18. 
 
 O- Whenever a disease of a malignant and fa*v.I chai-acter 
 is discovered to exist in any dwelling-house, or out-house 
 temporarily occupied as a dwelling, in a city, town or village in 
 Upper Canada or within a mile thereof, and which house is 
 situated in an unhealthy or a crowded part of the city, town 
 or village, or adjoining country, or is in a filthy and neglected 
 state, or is inhabited by too many persons, the iJoard of Health 
 of the city, town or village, or a majority of the members 
 thereof, may, in the exorcise of a sound discretion, and at the 
 expense of the Board, compel the inhabitants of such dwelling- 
 huuse or out-house to remove therefrom, and may place them 
 
THE MUNICIPAL MANUAL. 
 
 577 
 
 in sbeds or tents, or other good shelter, in some moro ualu- 
 briuus Hituation, until measures can So taken, under the 
 direction and at the expense of the Boarr*, for the immediate 
 olcuiisiii(^^ vtulilatioii, ijuiilicalion and dLinlcction, ol' such 
 dwelling-house or out-houso. 5 Wm. 4, cap. 10, sec. 6 j see 
 ante chapter 54, sec. 245, page 583, 
 
 porwin pro- 
 ducing to It 
 J. I' till* head 
 of n wolf 
 withthufiirs 
 on, entitlfil 
 to a rewiiiil. 
 
 ,7. P. to filvti 
 hiscertificatH 
 
 CON. STAT. U. C— CHAPTER LX, 
 
 AN ACT TO ENCOURAGE THE DESTROYINO OF WOLVES. 
 
 Ilor Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 1 If any person produces the head of a wolf with the ears when any 
 on, before any Justice of the Peace acting for any County in 
 Upper Canada, and makes oath or affirmation, (<is the case may 
 br.,) or otherwise proves to the satisfaction of such Justice, 
 that the wolf was killed within that County, or within one 
 mile of an actual settlement in the County, he shall be entitled 
 to receive from the Treasurer of the County the sura of six 
 dollars as a bounty for the same. 6 Wra. 4, cap. 29, sec. 2. 
 
 3. In case the Justice of the Peace before whom the head 
 of the wolf is produced, bo satisfied of the fact that the wolf 
 was killed as in the preceding section mentioned, he shall first 
 cut off the ears thereof, and then give the person a certificate 
 that the fact of the wolf having been killed as in the last 
 section mentioned has been proved to his satisfaction, and 
 such certificate shall authorize the person holding the sivne to 
 demand and receive from the Treasurer of the County the said 
 bounty of six dollars. 6 Wm. IV. cap. 29, sec. 3. 
 
 3. The Treasurer of the County shall forthwith pay such Treiisurprto 
 bounty to the person presenting the certificate, provided the rewordViu 
 County funds in his hands enable him so to do ; and if the f"°<i» 
 said funds do not so enable him, then the Treasurer shall pay 
 
 the same out of the moneys of the County which next there- 
 after come into his hands, 6 Wm. IV. cap. 29, sec. 4. 
 
 4. The Treasurer of a County shall not pay the bounty to other coun- 
 which any such certificate entitles the person presenting the |JbJPj°t*' 
 same, until he has paid the annual expenses of the County, raW. 
 arising from the building of a Court House and Gaol, and 
 keeping the same in repair, the fees of the Clerk of the Peace, 
 
 37 
 
57S 
 
 THE MUNICIPAL MANUAL. 
 
 If not p»IJ 
 
 Ol'ltlflL'lltO 
 
 limy be ten- 
 ijHred in 
 (IHchnrge of 
 ritte*. 
 
 tho polary of the Gnolcr, and the maintonanoe of tho priHouors. 
 G Wn. IV. cap. ;29, sec. 5. 
 
 S- When tho fuads of any County do not enable tho Tica- 
 Burer thereof to pay tho bounty, the certificate thcrcfur uhall 
 be a lawful tender to tho full value and amount therein speci- 
 fied, for and towards the discharge of any County rate or 
 assessment to bo collected from any person within the County 
 in which the wolf was destroyed, and shall b& accepted and 
 taken by the Collector of any Township within the County as 
 equivalent to so much of the current money of Upper Cunadu, 
 and may be by him paid and delivered over to tho County 
 Treasurer, by whom the same shall in like manner be taken 
 and accepted as equivalent to so much of the current money 
 aforesaid. 6 Wm. IV. cap. 29, sec. G. 
 
 CON. STAT. U. C.-CHArTER LXXIX. 
 
 AN ACT TO PREVENT ACCIDENTS FROM MACHINERY. 
 
 Her Majesty's, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 1. Tho owners of every steam-boat, steam-car and steuui-car- 
 riage, und of every mill or building, in which machinery is 
 used, shall erect good and substantial guards round such ma- 
 chinery so as to prevent passengers and other persons on board 
 of, or entering or being in the same, respectively, from coming 
 in contact with the machinery used therein or attached thereto. 
 1 Vic. cap. 18, sec. 1. 
 
 ft- The Collector of Customs of every port in Upper 
 Canada, or his Deputy, shall enter into or upon every steam- 
 boat, steam-car and steam-carriage, arriving at his port or 
 station, and carefully examine whether there are proper guards 
 round the machinery of tho same, so as to secure tho safety of 
 persons when such machinery is in operation, and if there be 
 not proper guards or if they be not properly and substantially 
 erected, he or his Deputy shall notify the same to the master 
 or person in charge of such steam-boat, steam-car or steam- 
 carriage, and direct him to make such proper guards or to 
 make them in a proper and substantial manner. 1 Vic. cap. 
 18, sec. 2: 
 
 Justices of 3- It shall be the duty of every Justice of the Peace in tho 
 Ix^/trenler County or City in which he resides and usually acts as a Jus- 
 
 Guardii, &c^ 
 to be erected 
 about niachi- 
 uery of 
 steamboats, 
 mills, &c., to 
 prevent 
 accidents to 
 passengers 
 and others. 
 
 Collectors of 
 Customs 
 authorized 
 to examine 
 steam-boats, 
 Eteam-cars, 
 and steam- 
 carriages, 
 and to 
 require the 
 erection of 
 necepsary 
 guards. 
 
THE MUNICIPAL MANUAL. 
 
 570 
 
 OnllfC'tor or 
 J'jDtlce to de- 
 llTor certlfl- 
 catA of 
 RufflciHnoy of 
 guHrils, &c. 
 
 tico of the Peace, to enter into or upon all buildings wherein miii^ic, 
 machinery is erected, and to inspect and examine the machi- 2miiw,4*c'. 
 ncry thereof or attached thereto; and if upon such examina- 
 tion he finds that there are not proper guards erected or that 
 the guiirds used in and about such machinery are insufficient, 
 such justice shall notify the same to the owner or occupier of 
 such buildinr;, and shall direct the necessary guards to bo 
 erected. 1 Vic. cop. 18, sec. 3. 
 
 4. In case, upon the inspection of any steam -boat, steam- 
 car or steam-carriage, or of any building wherein or whereto 
 machinery is used or attached, aa aforesaid, it appears to the 
 Collector or Justice respectively inspecting the same, that the 
 guards erected or to be erected in compliance with this Act 
 are sufficiently safe and substantial, such Collector or Justice 
 shall deliver to the person in charge of such steamboat, steani- 
 c'arriii<j;o or car, and to the proprietdr or occupier of such 
 buildin;;, as aforesaid, a certificate to that effect ; and if such 
 s;ire<j;uards arc at all times kept in good and sufficient repair, 
 such certificate shall for six months from the date thereof, be 
 a good and sufficient protection to the masters and owners and 
 occupiers of such steam-boat, steam-carriage or car and build- 
 ing vospcctively, as aforesaid, against any penalty to be incurred 
 undor the provisions of this Act. 1 Vic. cap. 18, sec. 5. 
 
 Si. Ill case the master or person in charge of any steam- Penalty ia 
 boat, steam-car or steam-carriage, or the owner or occupier of neglect to 
 any building wherein machinery has been erected, as aforesaid, erect guards 
 neglects or refuses to comply with the directions of such Col- mMtor^Ac" 
 lector or Deputy Collector or Justice of the Peace (as the case 
 may be), and be convicted before one Justice of the Peace, he 
 shall forfeit and pay for every -such offijnce a sum not exceed- 
 ing four dollars and the costs of conviction ; and in default of 
 paynieiit of such sum and costs the ofi'ender shall, by a war- 
 rant under the hand and seal of such Justice, be sent to the 
 common gaol of the County or City within which the offence 
 was committed, for any period not exceeding thirty days. 
 1 Vic cap, 18, sec. 4. 
 
 Certtflcate 
 to sffbrd pro 
 toctioii for 
 Bis months. 
 
 CON. STAT. V, C— CHAPTER CXXV. 
 
 AN ACT RESPECTING INQUESTS BY CORONERS. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
580 
 
 THE MUNICIPAL MANUAL. 
 
 la what 
 cttHea ouly 
 inquests 
 shitU be held 
 
 ProceadiDj;!) 
 in ci^suof the 
 death of any 
 priKoner or 
 j>ergoii con- 
 fined in a 
 Lunatic 
 Asylum. 
 
 IVnaUy on 
 persons snin- 
 looned to 
 attpud in- 
 flUBHlK and 
 not attunU- 
 in- 
 
 And liow 
 enforced. 
 
 Former 
 powers of the 
 Coroner not 
 to b" affected 
 
 Omission of 
 unnecessary 
 
 1. No inquest shall be held on the body of any (.]oec'tif«o(] 
 person by any Coroner until it has been iiiado tn iij)po!ir to 
 such Coroner that there is reason to believe tluit the ilc-oasoil 
 (lied fro'ii viol: ■^ or ".TinnvniOuri':, .. ^ly cv.lji;'!!' <".■ i ■■'i'M'ri* 
 conduct, either of himself or of others under such ciii um- 
 stances as require investin;ation and not through men; juiridcnt 
 or mischance. 13, 14 Vic. cap. 50, sec. 1. 
 
 2. But upon the death of any prisoner or of any In tint ii' 
 confined in any Lunatic Asylum, the Warden, Gaoler. Isi-cpcr 
 or Superintendent of any Penitentiary, Gaol, Pri-suii, lloii.-^c of 
 Correction, Lock-up-house, House of Industry or Luiuiiir .Asy- 
 lum in which such prisoner or lunatic dies, shall iimiieiliately 
 give notice thereof to some Coroner of the County or (^ity in 
 which such death has t ken place, and such Coroner shall 
 proceed forthwith to bold an inquest upon the body. 18, 14 
 Vic. cap 5G, sec. 2. 
 
 3- If any person, having been duly summoned a.s a juror t > 
 serve, or as a witness to give evidence upon any Coroner's in- 
 quest, does not, after being openly called three times, appear 
 and serve as such juror, or appear and give evidence as such 
 witness, the Coroner may impose a fine upon the delinqtiont 
 person not exceeding four dollars ; and sliall thereupon make 
 out and sign a certificate, containing the name, residence and 
 trade or calling of such person, the amount of the fine im- 
 posed, and the cause of tlio fine, and shall transmit kucIi cer- 
 tificate to the Clerk of the Peace of the County in which such 
 person resides, on or bofuro the first day of the Quarter 
 Sessions of the Peace then next ensuing, and slwll cause a 
 copy of such certificate to be served upon such person by leav- 
 ing it at his. residence, within a reasonable time after the 
 inquest. 
 
 4. The f.ne so certified shall be estreated, levied and applied 
 in like manner, and subject to the like powers, provisions and 
 penalties in all respects, as if it had been part of the fine.s im- 
 posed at such Quarter Sessions. 
 
 5. Nothing herein contained shall aiToct any power other- 
 wise by law vested in any Coroner for compelling any person 
 to appear and give evidence before him, or for punishing any 
 person for contempt of Court, in not so appearing and giving 
 evidence or otherwise. 13, 14 Vic. cap. 56, sec. o. 
 
 O. No inquisition found upon or by any Coroner's Inquest, 
 nor arty judgment recorded upon or by virtue of any such 
 
 
TlIK MUNICIPAL MANI .U,. 
 
 581 
 
 SO(J 
 
 r to 
 
 LI' 
 
 »i *■ 
 
 Mill' 
 
 ui(|uisifi(iii, sliall be <"|Uiisbo(l, stayed ov rcverseJ for want of 
 the nvormeiit therein of any matter unnet-essiiry to be proved, 
 tiur for tlio oniissiun of any technical words of mere form, and 
 in all cases of technical defect, either of tlio Snperior Courts 
 of ('oniiiion Law, or any Judjje thereof, or any Judge of Assize 
 VI' Gaol Delivery, may, upon any such inquisition being called 
 in cji'estion before him or them, order the same to be amended. 
 13, 14 Vic. cap. 50, sec. 4. 
 
 T. VVhenevcr, upon the summoning or holding of any 
 Coroner's Inquest, the Coroner finds that the deceased was 
 attended during his or her last illness or at his or her death, 
 l)y any legally qualified medical practitioner, the Coroner may 
 issue Ms order for the attendance of such practitioner as a 
 witness at such inquest, in the form following: 
 
 CoUONEll's IXQUKST AT UPON THE BODY OF . 
 
 words, Ac, 
 not to vitiate 
 nny inquisi- 
 tion. 
 
 Coroner may 
 Bummon a 
 medical 
 practitioner 
 to attend at 
 any inquest. 
 
 l]y virtue of this my order, as Coroner for 
 
 , you are 
 -, on the 
 
 rc(|uired to appear before me and the Jury, at 
 
 day of , at o'clock, to give evidence touching 
 
 the cause of death of , {and iclien the toitness is ref/uirid 
 
 to mukr. or assist at a post mortem examination, add) and 
 make or assist in making a post mortem examination of the 
 body, with (or without) an analy.sis {as the case may be), and 
 report thereon at the said inquest. 
 
 (Signed) , Coroner. 
 
 i;>, 14 Vic. cap. 06, sCvi. li. 
 
 8. It" the Coroner finds that the deceased was not so 
 attended, he may issue his order for the attendance of any 
 legally qualified medical practitioner being at the time in 
 actual practice in or near the place where the death happened; 
 and the Coroner may, at any time before the termination of 
 the inquest, direct a post mortem examination, with or without 
 ar> analysis of the contents of the stomach or intestines, by the 
 medical witness summoned to attend at such inquest; but if 
 any person states upon oath before the Coroner, that in his 
 beiief the death was caused partly or entirely by the improper 
 or negligent treatment of a medical practitioner or other person, 
 such medical practitioner or other person shall not assist at the 
 post mortem examination. 13, 14 Vic. cap. 56, sec. 5. 
 
 f>. Whenever it appears to the majority of the jurymen sitting 
 at ajiv Coroner's inquest, that the cause of death has not been 
 .satisfactorily explained by the evidence of the medical practi- 
 tioner or other witnesses examined in the first instance, such 
 
 If th(* Coro- 
 ner finds 
 tiint the 
 deceased was 
 not 80 
 attended, Ac. 
 
 A mnjority 
 of the jurji- 
 nicn may 
 require the 
 Coroner to 
 Bummon 
 
582 
 
 THE MUNICIPAL MANUAL. 
 
 another 
 medical 
 practitioner. 
 
 Penalty on 
 
 Coroner. 
 
 refusing. 
 
 Allowance 
 
 to KUCh 
 medlcHl 
 practitioner. 
 
 majority may name to the Coroner in writingr, any other legally 
 qualified medical practitioner or practitioners, and require the 
 Coroner to issue his order in the form hereinbefore mentioned 
 for the attendance of such last mentioned medical practitioner 
 or practitioners, as a witness or witnesses, and for the perfor- 
 mance of such post mortem examination as in the last pre- 
 ceding section mentioned, and whether before performed or 
 not ; and if the Coroner refuses to issue such order, he is 
 guilty of a misdemeanor, and shall be punishable by a fine not 
 exceeding forty dollars, or by imprisonment not exceeding one 
 month, or by both fine and imprisonment. 13, 14 Vic. cap. 
 56, sec. 6. 
 
 10. Where any legally qualified medical practitioner has 
 attended in obedience to any su^h order as aforesaid, he shall 
 receive for such attendance, if without a post morti'm 
 examination, five dollars; if with a post mortem examination, 
 without an analysis of the contents of the stomach or intes- 
 tines, ten dollars ; if with such analysis, twenty dollars, toge- 
 ther with the sum of twenty cents per mile, ioi each mile he 
 has to travel to and from such inquest, such travel to be proved 
 by his own oath to the Coroner, who may administer the same ; 
 and the Coroner shall make his order on the Treasurer of the 
 County in which the inquest is holdcn, in favor of such medi- 
 cal practitioner, for the payment of such fees or remuneration, 
 and such Treasurer shall pay the sum mentioned in such order 
 to such medical witness, out of any funds be may then have 
 in the County Treasury. 13, 14 Vic cap. 56, sec. 7. 
 
 Penalty on II- Where any such order for the attendance of any medical 
 practitioiwrs practitioner has been personally served, pr if not porsonally 
 and failing scrvcd, has been received by him or left at his rosidencf in 
 lotttieni. sufiicient time foi' him to have obeyed such order, and he has 
 not obeyed the same, he shall forfeit the sum of forty dollars 
 upon complaint by the Coroner who held or by any two of the 
 jury who sat on the inquest, made before any two Justices of 
 the Peace of the County where the inquest has been held, or of 
 the County where such medical practitioner resides; and such 
 Justices shall proceed to hear and adjudicate upon the com- 
 plaint ; and if such medical practitioner does not shew a suffi- 
 cient reason for not having obeyed such order they sliall 
 enforce the said penalty by distress and sale of the oftendor's 
 goods, in the same manner as they are empowered to do by the 
 Consolidated Statute of Canada respecting the duties of Jus- 
 tices of the Peace out of Sessions in relation to Summaiy 
 Convictions and Orders. 13, 14 Vic. cap. 56, sec. 8. 
 
 To be paid on 
 Coroner's 
 order, and 
 by whom. 
 
THE MUNICIPAL MANUAL. 
 
 583 
 
 IH 
 II 
 
 m 
 1, 
 
 ' ) 
 
 li- 
 
 
 CO.V. STAT. U. C.-CHAPTBB CXXVII, 
 
 AN ACT RESPECTING COURT HOUSES, GAOLS AND HOUSES 
 • OF CORRECTION. 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 The Care of Gaols and Couat Houses, <fec. 
 
 1. The Sheriff shall have the care of the County Gaol, Gaol cus*- -ly of 
 offices and yard, and the Gaoler's apartments, and the appoint- c^rt-houses 
 ment of the keepers thereof. 22 Vic. cap. 99, sec. 398. 
 
 2. The County Council shall have the care of the Court County 
 House, and of all offices and rooms connected therewith, ^i^^in"**' 
 whether the same forms a separate building or is connected keepers, &e. 
 with the Gaol, and shall have the appointment of the keepers 
 thereof; and shall from time to time provide all necessary and 
 proper accommodation for the Courts of Justice other than the 
 Division Courts, and for all officers connected with such Courts 
 
 of Justice. 22 Vic. cap. 99, sec. 399. 
 
 3. In any City not being a separate County for all purposes, city gnoig to 
 but having a Gaol or Court House separate from the County ^t ^yiaw*'' 
 Gaol or Court House, the care of such City Gaol or Court 
 
 House shall bo regulated by the By-laws of the City Council. 
 22. Vic. cap. 99, sec. 400. 
 
 4- No license shall be granted fron retailing spirituous 
 liquors within any Gaol or Prison j and if any Gaoler, Keeper 
 or officer, of any Gaol or Prison, sells, lends, uses or gives 
 away, or knowingly permits or suffers any spirituous liquors or 
 strong waters to be sold, used, lent or given away, in such 
 Gaol or Prison, or to be brought into the same, other than 
 such spirituous liquors or strong waters as may be prescribed 
 by or given by the prescription and direction of a regular 
 physician, surgeon or apothecary, such Gaoler, keeper or other 
 officer, shall, for every such offence, forfeit the sum of eighty 
 dollars, one moiety thereof to Her Majesty, for the public uses 
 of the Province, and the other moiety, with full costs of suit 
 to the person who sues for the same in any of Her Majesty's 
 Courts of Record in Upper Canada^ and in case any Gaoler 
 or other officer having been so convicted, offends again in like 
 manner, and be thereof a second time convicted, such second 
 offence shall bo a forfeiture of his office. 32 Geo. 3, cap. 8, 
 sec. 15. 
 
 No license to 
 be granted 
 for retailing 
 spirituous 
 liquors 
 within gaols. 
 
 Penalty on 
 Gaolers 
 transgress- 
 ing in tbig 
 respect. 
 
584 
 
 THE MUNICIPAL MANUAL. 
 
 Qiioler to 
 have a yearly 
 tii\lary in 
 place of hU 
 t'ueii, purtiui' 
 Hites or 
 impositioDg 
 wliiitever. 
 
 S. The Justices of the Peace within the limits of their 
 respective Counties in Quarter Sessions assembled, shall ap- 
 point a reasonable yearly salary, according to their discretion, 
 to be paid to the Gaoler, and such salary shall be in place of 
 all fees, perquisites or impositions of any sort or kind what- 
 ever; and no Gaoler or officer belonging to the Gaol, shall 
 demand or receive any fee, perquisite or other payment fmm 
 any prisoner conflned within the Gaol or Prison. 32 Geo. 3, 
 cap. 8,_8eo. 17- 
 
 ! .^iiity on u. If any person gives, conveys or supplies to any prisoner 
 '!i'yi'ng spirits confined in any common Gaol or House of Correction in Upper 
 K.'wi''*"" Canada, any rum, brandy, whiskey or other spirituous liciuor?, 
 contrary to the rules and regulations from time to time estab- 
 Hshed by law, such offender, being duly convicted thereof be- 
 fore two Justices of the Peace, shall be fined a sum not 
 exceeding twenty dollars. 3 Vic. cap. 14, sec. 1. 
 
 V 
 
 tu a 
 in 
 
 Any one 
 Justice may 
 fiummon 
 tliB party 
 aeou£u(l. 
 
 And in 
 iU'f:lult of 
 I'.ppearanco, 
 in;iy proceed 
 ex 2'u.rte. 
 
 If. In case any person be charged on the oath of one credible 
 witness before any one Justice of the Peace, with any ofTence 
 against this Act, such Justice may summon the person charged 
 to appear at a time and place to be named in such sumnionf-: ; 
 and if he do not appear accordingly, then (upon proof y^' the 
 due service of the summons upon such person, by delivering 
 the same to him personally) any two Justices of the Peace for 
 the County where the offence is alleged to have been commit- 
 ted, may either proceed to hear and determine the case ex 
 parte, or issue their warrant for apprehending such person, or 
 any one of the said Justices may, if he thinks fit, without any 
 previous summons, issue such warrant. 3 Vie. cap. 14, s. 2. 
 
 8. Such Justices may summon witnesses either in support 
 of the prosecution or for the defendant; and if any person, 
 having been personally summoned to attend as a witness, 
 neglects or refuses to attend, or fails to show some reasonable 
 excuse for his non-attcndanre, he may be fined for such non- 
 attendance by the Justices assembled to try the offence, in any 
 sum not exceeding twenty dollars, to be enforced in manner 
 and form mentioned in the last preceding section. 3 Vic. 
 can. 14, sec. 4. 
 
 lu dofiinitof O. In default of payment of any fine imposed under the 
 
 l!ne™nd*°'^ anthority of this Act, together with the costs attending the 
 
 corf?, same, within the period specified for the payment thereof at 
 
 the time of the conviction by the Justices before whom such 
 
 conviction has taken place, such Justices may issue their war- 
 
 Puwer to 
 summon 
 ivitnaoseg. 
 
THK MUNICIPAL MANUAI-, 
 
 585 
 
 rant, directed to any constable, to levy the amount of .such 
 fine and costs of the goods of the ofFender within a certain 
 time, to be in the said warrant expressed ; and in case no dis- 
 tress sufiieicnt to satisfy the amount can bo found, they may 
 cominit the offender to the common paol or house of correction 
 of the County wherein the offence was committed, for any time 
 not exceeding one month, unless the fine and costs be sooner 
 paid. 3 Vic. cap. 14, sec. 5. 
 
 lO- No conviction under this Act shall be quashed for want 
 of form, and no warrant of committal shall be held void by 
 reason of any defect therein, if it be alleged that the party 
 has been convicted, and there be a good and valid conviction 
 to sustain the same, 'd Vlv. oap. 14, sec. 3. 
 
 Gaols to be Houses of Coiirection. 
 II. Until separate Houses of Correction be erected in the 
 several Counties in Upper Canada, the Common Gaol in each 
 County respectively shall be a House of Correction ; and 
 every idle and disorderly person, or rogue and vagabond, and 
 incorrigible rogue, and any other person by law subject to be 
 committed to a House of Correction, shall, unless otherwise 
 providt?d by law, be committed to the said Common Gaols 
 respectively. 50 Geo. III. cap. 5. 
 
 Offender 
 may be 
 committed. 
 
 No convic- 
 tion or com- 
 mittal to bo 
 quas)i(-(l for 
 want of form 
 
 ITntil 
 
 IIiinBBSOf 
 
 Correction 
 1>H erected, 
 the t^ommon 
 Gaol!! in each 
 respective 
 Ciiunty are 
 constituted 
 
 II')UHeH of 
 
 Correction. 
 
 23 VIC— CHAPTER VII. 
 
 AN ACT TO ESTABLISH A STANDARD WEIGHT FOR HAY 
 
 AND STRAW. 
 
 [Assented to 23rd April, ISCO.] 
 
 Whereas Standard "Weights have been 'established for grain Pre-^mWe- 
 and vegetables, and it is expedient that they should also be 
 established for hay and straw : Therefore, Her Majesty, by and 
 with the advice and consent of the Legislative Council and 
 Assembly of Canada, enacts as follows : 
 
 1. From and after the passing of this Act, the following standard 
 shall be and are hereby declared to be the Standard Weights hay'''and" 
 for Hay and Straw : «''"'"• 
 
 A ton of Timothy, Clover or other Hay... 2000 lbs. 
 
 A ton of Straw 2000 " 
 
 A bundle of Timothy, Clover or other Hay 
 
 with a Timothy band 15*' 
 
 A bundle of Timothy, Clover or other Hay 
 
 bound with a withe 16 " 
 
 A bundle of Straw 12" 
 
580 
 
 THE MUNICIPAL MANUAL. 
 
 To apjily to 
 nil t'lituru 
 coiitraciK. 
 
 Act limited 
 to L. C. 
 
 Preamble. 
 
 Cap. 8S of 
 Coil. Stat. 
 Clin, extt'iid- 
 oJ to coun- 
 try parts. 
 
 Proviso: as 
 to p»ymetit 
 Mild aninnnt 
 of allowance 
 to Coroner. 
 
 2. In every contract entered into after this Act comes into 
 force fjr the sale or delivery of hay or straw, and on every 
 sale and delivery of hay or straw, the above weights shall be 
 the only weights used, unless it is made to appear that the 
 parties have agieed to the contrary. 
 
 3 This Act shall apply to i-ower Canada only. 
 
 23 VIO.— CHAPTER XXXV. 
 
 AN ACT TO EXTEND THE ACT RESPECTING THE INVES- 
 TIGATION OF ACCIDENTS BY FIRE TO THE COUNTRY 
 PARTS. [Assented to 19th May, 1860 ] 
 
 Whereas it is expedient to extend to the country parts the 
 provisions of the Act forn^ing chapter eighty-eight of the 
 Consolidated Statutes of Canada, intituled. An Act rcspediwj 
 the Investigation of Accidents ly Fire, which has hitherto 
 extended only to Cities and incorporated Towns and Villages : 
 Therefore, Her Majesty, by and with the advice and consent 
 of the Legislative Council and Assembly of Canada, enacts as 
 follows : 
 
 I. The Act cited in the preamble shall, after the passing of 
 this Act, extend and apply as well to places not lying within 
 any City, incorporated Town or incorporated Village, as to 
 places within the same, and the Coroners shall have the same 
 powers and duties with regard to fires occurring in such places 
 as with regard to fires in Cities or incorporated Towns and 
 Villages; but in the case of an investigation concerning any 
 fire occurring in any place to which the said Act is hereby 
 extended, the allowance to the Coroner shall be paid by the 
 person or persons requiring such inquiry ; and such allowance 
 shall not, in the country parts to which the said Act is horoby 
 extended, be that fixed by the said Act for Cities, Towns and 
 incorporated Villages, but .shall be five dollars for the fii>t day; 
 and should the inquiry extend beyond one day, then tour 
 dollars for each of two days thereafter, and no more. 
 
 
 Preatntle. 
 
 23 VIC— CHAPTER XXXVI. 
 
 AN ACT TO AMEND CHAPTER NINETY-FIVE OP THE CON- 
 SOLIDATED STATUTES OF CANADA, INTITULED, '• AN 
 
 ACT RESPECTING LOTTERIES." 
 
 [A>-8euted to 19lh May. 1800.] 
 
 Whereas the provisions of chapter ninety five of the Con- 
 solidated Statutes of Canada, intituled. An Act resi>edln(j 
 
THE MUNICIPAL MANUAL. 
 
 S&7 
 
 to 
 
 JO 
 
 lie 
 
 Lotteries, if understood to apply to the case of raffles for prizes ^■■"- st«t. 
 of small value, such as are in general use at bazaars held for """ '^''** 
 charitable objects, arc calculated to interfere prejudicially with 
 such objects j and whereas it was not the intention of the Li'uis- 
 lature to include such raffles in the prohibition contained in 
 the said Act, and it is expedient at once to remove doubt in 
 this respect, and to provide against any possible abuse which 
 might otherwise result from such legislative declaration ; 
 Therefore, Her Majesty, by and with the advice and consent 
 of the Legislative Council and Assembly «f Canada, enacts as 
 follows: 
 
 1. The said Act does not apply to any raffle for prizes o^ The snid Act 
 small value, at any bazaar held for any charitable object; torafliMa'/ 
 Provided, however, that, to entitle any such raffle hereafter to p,','^"",'^*,,^"'' 
 the exemption hereby declared, permission to hold the same purpos.s. 
 must be obtained from the City or other Municipal Council, or proviso, 
 from the Mayor, Reeve or other chief officer of the City, Town 
 or other Municipality wherein such bazaar is held, and the 
 articles so thereat to be raffled for must bo such only as have 
 thereat first been offered for sale, and must none of thera bo 
 of a value exceeding fifty dollars. 
 
 
 26 VIC— CHAPTER L 
 
 AX ACT TO 'ENABLE COUNTY COUNCILS TO RAISE MONEY 
 FOR ASSISTING PERSONS IN CERTAIN CASES TO SOW 
 THEIR LAND, AND FOR OTHER PURPOSES. 
 
 [Assented to 5th May, 1863.] 
 
 Whereas, from the failure last year of the crops in many Preamble, 
 of the townships of Upper Canada, many persons will not be 
 able to procure seed without assistance, and it is expedient to 
 empower County Councils to raise money for their relief: 
 Therefore, Her Majesty, by and with the advice and consent 
 of the Legislative Council and Assembly of Canada, enacts as 
 follows : • . 
 
 . 1. Notwithstanding any law in force in Upper Canada, the g.'JJJI'pjlg 
 Council of any County niiiy pass a By-law or By-laws for may raise 
 raising money, not exceeding in the whole twenty thousand ba^^ng^seed, 
 dollars, to be expended in the purchase of seed, and for the *c. 
 relief of persons suffering from the failure of the crops, and 
 fur no other purpose ; and the debentures issued under such 
 By-laws shall be a charge on the County. 
 
588 
 
 TIIK MUNICIPAL MANUAL. 
 
 Form of 
 By-law. 
 
 Certain pro- 
 visioDK not 
 to apply. 
 
 2. Such I?y-law shall be in the form of Schedule A to this 
 Act, atid the sections numbered two hundred and twenty-two, 
 two hundred and twcniy-three, two hundred and twenty-four 
 and two hundred and twenty-five of the Act respectin<:; the 
 Municipal Institutions of Upper Canada, chapter fifty-four of 
 the Consolidated Statutes for Upper Canada, shall not apply 
 thereto. 
 
 County to 3. The County Council shall lend the money so raised, in 
 
 moniytotbf such sunis as they nyiy decra expedient, to Township Councils 
 
 Towiisiiips. i-cquestinj; the same, and shall impose and levy a special,rate, 
 
 in each year, against the Municipality so borrowing, over and 
 
 above all other County rates., until the loan and interest arc 
 
 repaid. 
 
 4. The Township Councils shall lend the money so bor- 
 rowed, and may also lend any surplu.s Township funds in their 
 possession, not otherwise appropriated, to the persons afore- 
 s:ild, fur the purposes aforesaid. 
 
 5. The Township Councils, if they deem it expedient, may 
 purchase seed and deliver the same to the persons aforesaid, 
 in the place of money. 
 
 ©• The Township Council shall, by 13y-law, declare the 
 time within which such loan shall be repaid, and shall impose, 
 levy and collect a special annual rate, over and above all other 
 rates, against the estate, real and personal, of the party bor- 
 rowing, and all the rights and remedies shall a})ply thereto, 
 which now or at any time hereafter shall apply to the collec- 
 tion of any other" rate or tax upon such land, or the Council, 
 if it see fit, may take other security, real or personal, for the 
 payment of such loan. 
 
 Application 7. No money raised under thi.s Act shall be applied to any 
 raised"*^* other purpose, and any surplus thereof unapplied shall be 
 added to the sinking fqnd, for the rcdomption of the deben- 
 tures issued as aforesaid. 
 
 Kxeiuptinti ji; jijo monev lent or .si>(>d delivered, under this Act, shall 
 
 from 8tizui\>. , ... -. -ii .11 
 
 be seized in execution, giirin.shea or attached. 
 
 TowDPhips 
 to lend to 
 pitrtiad want 
 Iri'.^ seed, &i: 
 
 Or to pur- 
 tli;isi) seed. 
 
 Township 
 Council to 
 levy rates, 
 ftc, against 
 borrowers. 
 
 No By-l-tw to 
 
 liH piiHsed 
 after Ihc 
 Nov.. 18().'J. 
 
 Act limited 
 to U. C. 
 
 9. No liy-law shiiU be passed, and no debentures shall be 
 issued, under any By-law passed in pmsuanceof this Act, after 
 the first day of November, one thousand eight hundred and 
 sixty-three. 
 
 10. This Act applies to Upper Canada only. 
 
THE MUNICIPAL MANUAL. 
 
 589 
 
 
 SCIIKDULE A. 
 By-Law Xo. — 
 
 Enictctl by the County Council of tho, County of , under 
 
 iiiid l)y viiiuo of lUc yuU-ti^ nl A\\a I'rjviuco, ptibscu in 
 
 the year one thousand fti<2;ht hundred and , intituled, 
 
 An Act to enable Count// CuiinvUs to raise nunwij for 
 OHsiifitiiKj persons in certain cases to sow their land, and 
 for other purposes. 
 
 Whereas it is expedient to r;iiso tho sum of dollars, to 
 
 be applied to tho purposes in tlie said statute set forth ; be it 
 therefore enacted, under the authority of the said statute, that 
 the said sum bo forthwith raised for such purposes, and that tho 
 
 Warden do cause debentures of the County of to be 
 
 issued, for the sum of dollars, which debentures shall be 
 
 payable within ten years at furthest from the date hereof, and 
 shall bear interest at the rate of six per cent, per annum, pay- 
 able half-yearly, on the "thirtieth day of June and thirty-lirst 
 day of December in each year; principal and interest to be 
 payable at , in the town of . 
 
 And whereas the svim of 
 
 will require to be raised 
 
 annually, for paying the said debt and interest, at the time 
 and in the manner aforesaid; and whereas the amount of the 
 whole ratable property in the said County, according to the 
 
 last revised Assessment Rolls, amounts to dollars; be it 
 
 therefore further enanted, that the sun^,of in the dollar 
 
 on the said gross ratable value of property be levied and col- 
 lected, in each year,, over and beyond all other rates, general 
 and special, for the purpose of paying the interest on, and 
 
 creating a sinking fund to pay the said sum of dollars, 
 
 raised under the aulliority of this By-law and the statute 
 aforesaid. 
 
 27 VIC— CHAPTER XVII. 
 
 AN ACT TO ENABLE MUNICIPAL CORPORATIONS IN UPPER 
 CANADA TO INVEST THEIR SURPLUS CLERGY RESERVE 
 MONEY FOR EDUCATIONAL PURPOSES IN CERTAIN SE- 
 CURITIES, AND TO LEGALIZE SUCH INVESTMENTS AL- 
 READY MADE, AND FOR OTHER PURPOSES. 
 
 [Assented to 15th October, 1863] 
 
 Whereas Municipalities in Upper Canada, desiring to invest PreamWe 
 any of the moneys accruing to them from the Upper Canada 
 Municipalities Fund, are bound by law to make such invest- 
 ment by purchasing Provincial, Consolidated Loan Fund, or 
 
590 
 
 THE MUNICIPAL MANUAL. 
 
 Sucbourplus 
 iiivnuyR m'jy 
 bo net H\mri 
 foreaiiratiiin 
 anrtinvi'Htort, 
 and in wliut 
 Recuiitius. 
 
 ^Municipal Debentures, and it is expedient that further iiscre- 
 tion should bo allowed thern as regards such investments; 
 and whereas it is also expedient to authorize Boards of School 
 Trustees to borrow such moneys from 3Iunicipal Corporations 
 for the purchase of school sites or the erection of sehool- 
 liouscs, or having surplus moneys for educational purposes, to 
 invest the same: Therefore, Her Majesty, by and with the 
 advice and consent of the Legislative Council and Assembly 
 of Canada, enacts as follows : 
 
 1. From and after the passing of this Act, any IMunicipal 
 Corporation having surplus moneys derived fntm the Upper 
 Canada Municipalities Fund, shall have power, by By-law, to 
 sot such surplus apart for educational purposes, and to invest 
 the same, as well as any other moneys held by such Municipal 
 Corporation for, or by it lawfully appropriated to, educational 
 purposes, in first mortgages secured on real estate held and 
 used for farming purposes, and to be the first lien on or against 
 such real estate, and from time to time, as such securities 
 nmture, to invest in other like securities, or in the securities 
 already mentioned by law, as may bo directed by such by-law, 
 or by other by-laws passed for that purpose ; Provided always, 
 that no Municipal Corporation shall invest in such real estate 
 securities within the limits of its own Municipality, nor shall 
 any sum so invested exceed one-third of the value of the real 
 estate on which it is secured, according to the last revised and 
 corrected assessment toll at the time it is so invested, 
 
 Former 3 And whcrcas several Municipalities have herotoforc 
 
 couumed.*" i"^'<-'sted moneys derived from the said fund and set apart for 
 
 special purposes, in real estate security, be it enacted that such 
 
 investments shall be legal and valid. 
 
 3. The Board of School Trustees of any city or town in 
 Upper Canada, having surplus moneys for educational pur- 
 poses, may invest the same in the purchase of Provincial, 
 Consolidated Loan Fund, or Municipal Debentures, or in such 
 securities as arc described in the first section of this Act, sub- 
 ject to the provisions', conditions, limitations and restrictions 
 therein contained ; and any by-law or resolution of any such 
 Corporation heretofore made for authorizing any such invest- 
 ment, under which any such money has been.so invested, shall 
 be held to be a good and valid by-law or resolution. 
 
 4 Any Municipal Corporation having surplus moneys 
 tiesniaytoan derived from the Upper Canada Municipalities Fund, shall 
 tos* h"T''*^ have power by by-law to set such surplus apart for educational 
 Trustees. purposes, and to invest the s&me in a loan or loans to any 
 
 Proviso : as 
 to InvHSt- 
 uiHnt on reni 
 propiTty. 
 
 Boards of 
 School Trus- 
 tcuK ia citien 
 and towns 
 may invtst 
 surplus mo- 
 neys in like 
 iiiunnvr. 
 
THE MUNICIPAL MANUAL. 
 
 591 
 
 
 l?oard or Boards of School Trustees within the limit? of the 
 Municipality, for such term or terms, and at such rate or rates 
 of interest as may be agreed upon by and between the parties 
 to such loan or loans respectively, and set forth in such by-law. 
 
 5. Ar)y Board of School Trustees may, with the consent of Pchooi Tru«- 
 the freeholders and householders of their school section first {J^r™"?i, 
 had and obtained at a special meeting duly called for that pur- Kamefurcer- 
 pose, by by-law authorize the borrowing from any Municipal wuh'conwDt 
 Corporation of any such surplus moneys as aforesaid, for such of r«choid- 
 term and at such rate of interest as may be set forth in such *"' 
 by-law, for the purpose of purchasing a school site or school 
 
 sites, or erecting a school-house or school-houses; and any 
 sum ur sums so borrowed shall be applied to that purpose, and 
 to that only. • 
 
 6. Any member of any Municipal Corporation or Board of 
 School Trustees, who shall take part in or in any way be a 
 party to the investment of any such moneys as are nentioned 
 in this Act, by or on behalf of the Corporation of which he is 
 a u-imber, otherwise than as is authorized by this Act, or by 
 the eleventh section of the Act respecting Clergy Reserves, or 
 by any other law in that behalf made and provided, shall be 
 held personally liable for any loss sustained by such Corpora- 
 tion, and shall also be guilty of a misdemeanor, and be liable 
 to conviction in any Court of competent jurisdiction in Upper 
 Canada, and upon conviction may be sentenced to fine or 
 imprisonment, or both, in the discretion of such Court. 
 
 7. This Act shall apply to Upper Canada only. ' ^"u'c'**"* 
 
 LInbillty of 
 Municipiil 
 Counclllorg 
 or School 
 TrustecH 
 investing 
 othorwiH*) 
 than autho- 
 rized bj law . 
 
 27 VIC— CHAPTER XVIII. 
 
 AN ACT RELATIVE TO SUMMARY CONVICTIONS UNDER 
 MUNICIPAL BY-LAWS IN UPPER CANADA. 
 
 [Assented to 15th October, 1863 ] 
 
 Her Majesty, by and with the advice and consent of the Preamble. 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 1. It shall not be necessary, in any conviction made under Form of cm- 
 any By-law of any Municipal Corporation in Upper Canada, siheduio^to 
 to set out the information, appearance or non- inpearance of '^ «»*"':'«•»*• 
 the defendant, or the evidence or By-law under which the 
 conviction is made, but all such convictions may be in the 
 form given in the Schedule of this Act. 
 
592 
 
 THE MUNICIPAL MANUAL. 
 
 WItllOHSCS 
 
 inny ho coin- 
 c'vMi'iicu. 
 
 Who fii.iU 
 liavti JuiIh- 
 <iictton, 
 
 ltllc|-|il-c(ll- 
 tiuM. 
 
 Ai'l liiiiiti'il 
 
 to i:. c. 
 
 58. In prosocutiii}' under uny IJy-law, or for the broach of 
 any Hy-law, witnesses may bo conipellod to attend and glvo 
 evidence, in the same manner and by the same process as wit- 
 in ^^.:l nic couipollcJ to jiitcnd und i^ivo eviduncc on , nu.jiaiy 
 pr()e(.cdin;j;s before Justices of the I*eaco in cases triid sum- 
 marily under the statutes now in force in t^per Canada. 
 
 3. Every Justice of the Peace for the County sliall have 
 jurisdiction in all cases arising under any Uy-law of any 
 Municipality in such County. 
 
 /l. Tlio word "County" in this Act and in the Schedule 
 thereof sliall include United Counties. 
 
 S. This Act shall only apply to Upper Canada. 
 
 sen K D u L !■; . 
 
 Be it rememljorcd, that on the 
 
 — day of , A.]). , at 
 
 — , in the County of , A. 1>. 
 
 Trovincb of Canada, 
 
 County of , 
 
 To wit. 
 is convicted before the undersiuncd, one of llcr Miijcslv's 
 
 y / Oft 
 
 Justices of the Peace in and for the said County, for that the 
 said A. IJ. (jitafinf/ the ajfeucc, and time a)id i^hice, aw/ when 
 and where ccmmitted'), contrary to a certain By-law of the 
 
 ^Municipality of the of — , in the said County of , 
 
 pa.s.sed on the day of , A.D. , and intituled, 
 
 [ix'tUinij the title cf the Bij-law) ', and I adjudge the said X. B., 
 
 for his said offence, to forfeit and pay the sum of , to ho 
 
 paid and applied according to law. and also to pay to C. D., 
 
 the complainant, the sum of , f"; his costs in this behalf 
 
 And if tlic said several sums b'> not paid forthwith {or on or 
 
 bei'ore the day of , A. 1). , as the cat^e ?)ia^ be), 
 
 I order tliat the same be levied by distress and sale of the goods 
 and chattels uf the said A. B. ; and in default of sufiicient 
 distress, I adjudge the said A. B. to be imprisoned in the com- 
 mon gaol of the said County of (f)r in the public lock-up 
 
 at ), for the space of — — days, unless the said several 
 
 sums, and all costs and charges of conveying the .said A. B. to 
 such gaol' (or lock-up), shall be sooner paid. 
 
 Given under my hand and seal, the day and year first above 
 written, at , in the said County. 
 
 [L. s.] J. M., J. P. 
 
THE MUNK'fl'AL MANUAL. 
 
 593 
 
 27 & 28 Via— CHAPTER LII. 
 
 AN ACT FOR THE PROTECTION OF INSECTIVOROUS AND 
 OTHER BIRDS BENEFICIAL TO AGRICULTURE. 
 
 [Asientad to 30th June, 18t)4.] 
 
 Wlicreaa the destruction of insectivorous birds is prejudicial I'r-nmWe. 
 to ugriuulturc, and the killing and capturing of singing birds 
 and other small birds is a useless and cruel practice : There- 
 fore, Ilcr Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 I. It shall not be lawful to shoot, destroy, kill, wound or tvrt»ii.i)irde 
 injure, or to attempt to shoot, destroy, kill, wound or injure killed at cer- 
 any bird whatsoever, save and except eagles, falcons, hawks, *"'" ■*"'""• 
 and other birds of the eagle kind, wild pigeons, rice birds, 
 king tishcrs, crows and ravens, between the lirst day of March 
 and the first day of August in any year. 
 
 3- It shall not be lawful to take, capture, buy, sell, expose or tHhinin 
 fur sale, or have in possession any bird whatsoever, save the ""p,we',Yfo7 
 kinds above excepted; or to set, either wholly or in pnrt, any ^•''*'- 
 net, trap, spring, snare, cage or other machine or engine, by 
 which any bird whatsoever, save the kinds above excepted, 
 might bo killed or captured, between the first day of Jlurch 
 and the first day of August in any year. 
 
 3. It shall not be lawful to take, injure, destroy, or have in N«Nt. joung 
 possession any nest, young or egg or any bird whatsoever, rybotahcn. 
 except of eagles, falcons, hawks, and other birds ot the eagle 
 
 kind, and king-fishers, between the said first day of March and 
 the said first day of August in any year. 
 
 4. Provided always, that this Act shall not apply to any ^pp,"''^'Jp. 
 importod birds, or to any domesticated bird or birds commonly mcRticnttd 
 "known as poultry j nor shall it be unlawful to buy, sell, expose '"'''"' ' '^' 
 for sale, or possess any bird taken or captured at a season not 
 forbidden by this Act, but the proof that such bird was so 
 
 taken or captured shall lie wholly upon the party accused, 
 whose oath alone shall suffice as such proof 
 
 5. The violation of any provision of this Act shall subject plj^/ravon-"^ 
 the ofiender to the payment of a penalty of not less than one tion oi tiiin 
 dollar and not more than ten dollars, to be recovered in a ■*'^*' 
 summary manner by summons before one Justice of the Peace ""rebier**:- 
 of the district in which the offence was committed, who shall 
 
 award the penalty the oflFender may be condemned to pay to 
 the prosecutor, with all fees and costs incurred ; and in default 
 of immediate payment thereof, the offender shall be forthwith 
 38 
 
)U 
 
 THE MUNICIPAL MANUAL. 
 
 Tower to 
 niie birds 
 unlawfully 
 
 poi?sessed. 
 
 T.iien?e may 
 'le granteJ 
 for scientific 
 parposes. 
 
 Convictifin 
 not iiivali'I 
 lor want of 
 f'Tm. 
 
 Act not to 
 aflft'Ct the 
 Oame Acts. 
 
 imprisoned in the nearest common gaol for a period of not less 
 than two and not more than twenty days, at the discretion of 
 such Justice of the Peace. 
 
 O- Any person may seize, on view, any bird unlawfully 
 possessed, and carry the same before any Justice of the Peace, 
 to be by him confiscated ; and it shall be the duty of all Market 
 Clerks and Police officers on the spot to seize and confiscate, 
 and, if alive, to liberate such birds; and every person is 
 authorized to destroy all nets, traps, snares, cages or other 
 machines or engines, set wholly or in part, whereby any kind 
 of bird whatsoever, save the kinds above excepted in the first 
 and fourth sections of this Act, might be unlawfully killed or 
 captured. 
 
 y. The Minister of Agriculture, and all persons authorized 
 by him to that effect, may grant written permissions to any 
 person or persons who may be desirous of obtaining birds or 
 eggs for bond Jiih scientific purposes^ to procure them for that 
 purpose during the close season, and such person or persona 
 shall not be liable to any penalty under this Act. 
 
 8. No conviction shall be uuuulled or vacated for any defect 
 in the form thereof, or for any omission or informality in any 
 summons or other proceedings under this Act, so long as no 
 substantial injustice results therefrom. 
 
 O. The present Act and all its provisions shall be so con- 
 strued as not to annul or vacate any provision of the Game 
 Acts of Canada, or any amendments thereto. 
 
 
 Preamble. 
 
 Bees in a 
 Kt*te of free- 
 dom to be 
 the property 
 cf their 
 diicoTerer. 
 
 28 VIC— CHAPTER VIII. 
 
 AX ACT TO DEFINE THE RIGHT OF PROPEllTY IN SWARMS 
 OF BEES, AND TO EXEMPT THEM FROM SEIZURE IN 
 CERTAIN CASES. 
 
 [Assented to IStU Marcb, 1S05.] 
 
 Whereas it is expedient to fix and define the right of pro- 
 perty in Bees, and to exempt them from seizure in certain 
 cases : Therefore, Her Majesty, by and with the advice and 
 consent of the Legislative Council and Assembly of Canada, 
 enacts as follows : 
 
 1. Bees living in a state of freedom shall be the property of 
 the person discovering them, whether or not he be proprietor 
 cf the land on which they shall have established themselves. 
 
THE MUNICIPAL MANUAL. 
 
 595 
 
 9. Bees reared aqd kept in hives shall be private property, 
 and as such shall, to the extent of fifteen hives, be exempt 
 from seizure for debt or for the discharge of any liability 
 whatsoever, save and except the amount of their purcliase 
 money. 
 
 3- Whenever a swarm of bees shall leave a hive, the pro- 
 prietor may reclaim them, so long as he can prove his right of 
 property therein, and shall be entitled to take possession of 
 them at any place on which they may settle, even if such 
 place be on the land of another person, unless the swarm settles 
 in a hive which is already occupied, in which case the proprie- 
 tor shall lose all right of property in such swarm: Provided, 
 however, that he shall notify the proprietor of such land 
 beforehand, and compensate him for all damages. 
 
 4. Any unpursued swarm which shall lodge on any pro- 
 perty whatsoever, without settling thereon, may be secured by 
 the first corner^ unless the proprietor of the land objects. 
 
 5. If the proprietor of a swarm of bees declines to follow 
 such swarm, and another pei'son undertakes the pursuit, such 
 other person shall be substituted in the rights of the proprietor, 
 and every swarm which is not followed shall become the pro- 
 perty of the proprietor of the land on which it shall settle, 
 without regard to the place from which it shall have come; 
 and any person removing such swarm in his absence, and 
 without his consent, shall be guilty of theft. 
 
 But it reared 
 in hirea, to 
 be private 
 property. 
 
 Rights of 
 proprietor is 
 case of be«8 
 abiiDdoning 
 their biree. 
 
 Proviso. 
 
 Unpursusl 
 swarms. 
 
 In case the 
 owner 
 declined to 
 fullow his 
 bees. 
 
 28 VIC— CHAPTER XX. 
 
 AN ACT RESPECTING POLICE MAGISTRATES. 
 
 [Assented to IStb March, 1885.] 
 
 Her 3Iajesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 1. The Governor may, from time to time, appoint by com- 
 mission under the Great Seal, fit and proper persons to be and 
 act a^, Police Magistrates within any one or more Districts in 
 Lower C "ada, or within any one or more Counties in Upper 
 Canada, or any temporary judicial district, or any provisional 
 judicial disirict, in Upper Canada. 
 
 2. It shall not be necessary for any Police Magistrate 
 appointed under this Act to possess any property qualification, 
 or to be actually resident within any District, County or Coun- 
 ties, or temporary judicial district, or provisional judicial dis- 
 trict, for which he may be appointed- 
 
 Prcamble. 
 
 Appoint- 
 m«nt of 
 I'olico 
 Maf;istratn8 
 by commis- 
 sion under 
 the great 
 seal. 
 
 Such Magls- 
 tratt^s need 
 not have 
 property 
 qualification, 
 or be resi- 
 dent witliin 
 their dis- 
 tricts. 
 
506 
 
 THE MUNICIPAL MANUAL. 
 
 Powers and 
 authority to 
 Ik] exerciKed 
 by theui. 
 
 3. The Police Magistrates appointed under this Act shall 
 have and exercise all the powers and authority, rights and 
 privileges now by law appertaining to Police Magistrates of 
 Cities (except as regards offences against Municipal by-laws, 
 and as regards other purely Municipal matters), and all the 
 powers and authority, rights and privileges appertaniirig to 
 Justices of the Peace generally, and shall be subject in all 
 respects, except when otherwise provided by this Act, to the 
 requirements of the law regarding Police Magistrates and tho 
 office of Justice of the Peace. 
 
 ,j^ 4. Every such Police Magistrate shall keep n)inutes of every 
 
 stuui keep proceeding had by and before him, and shall keep such accounts, 
 
 ^o^'dings make such returns, and collect such information within his 
 
 Wore thum, iiirisdiction. and nerforra such other duties, as the Governor 
 
 &c. 
 
 Ajiplication 
 of moneys 
 from penal- 
 ties, 4i"., 
 imposed by 
 t'lhim. 
 
 GoTernor 
 m^y direct 
 the appoint- 
 meut of Cell- 
 stables to 
 Bvrve under 
 the Magiii- 
 trates. 
 
 Punishment 
 c»f Constables 
 guilty of 
 misconduct. 
 
 — / 
 
 jurisdiction, and perform such other duties, as the Governor 
 may from time to time prescribe and require. 
 
 5- All moneys arising from penalties, forfeitures and fines 
 imposed by any such Police Magistrate, shall (if not directed 
 by law to be otherwise appropriated) be from time to time 
 paid to such Police Magistrate, who shall account for the same, 
 and pay over or disburse the moneys arising therefrom, at 
 such times, in such manner, and to such person or persons, as 
 the Governor may from tine to time direct. 
 
 G. The Governor-in-Council may, from time to time, direct 
 and authorize any Police 3Iagistrate under this Act i^^ : ^oint 
 any one or more fit and proper persons to serv( .'olicc 
 
 Constables under and within the jurisdiction of such Police 
 Magistrate; and such Police 3Iagistrate may at his pleasure 
 remove any such Police Constable ; and every such Police 
 Constable shall obey all the lawful directions, and be subject 
 to the government of such Police IMagistrate, and shall be 
 charged with all the powers, rights and responsibilities which 
 belong by law to Constables duly appointed. 
 
 7. If any Police Constable, appointed under the authority 
 of this Act, be guilty of any disobedience of orders, neglect of 
 duty, or of any misconduct as such I^lice Constable, and be 
 convicted thereof before any Police Magistrate, or before any 
 Justice of the Peace, he shall forfeit a sum to be fixed by sucli 
 Police Magistrate or Justice, not exceeding forty dollars and 
 costs, and in default of immediate payment thereof shall suffer 
 imprisonment for any time not exceeding three months, unless 
 such fine and costs be sooner paid ; and any such person may 
 be proceeded against by indictment for any offonco committed 
 by him as Special Constable, but not both by indictment and 
 also under this Act for the same offence. 
 
TlIK MUNICIPAL MANUAL. 
 
 597 
 
 8. This Act shall continue in force for two years from the Act to be in 
 passing thereof, tind thence until the end of the then next years, 
 session of Parliament. 
 
 28 VrC— CIlAPTEil XXIV. 
 
 AX ACT TO ENABLE CERTAIN COUNTY COUNCILS IN UPPER 
 CANADA TO RAISE IMONEY FOR ASSISTING PERSONS 
 IN CERTAIN CASES TO SOW THEIR LAND. 
 
 [Assented to 18th March, 1805.] 
 
 Whereas, from the failure last year of the crops in certain Preamble, 
 (ydunties in Upper Canada, many persons will not be able to 
 procure seed without assistance, and it is expedient to empower 
 the County Councils hereinafter mentioned to raise money for 
 their relief: Therefore, Iler Majesty, by and with the advice 
 and consent of the Legislative Council and Assembly of 
 Canada, enacts as follows : 
 
 1. Notwithstanding any law in force in Upper Canada, the Counciiaof 
 
 /T , /^i M ,' 1 /T • <> IT- • TT • 1 certain Conn- 
 
 ( onrity Councils ot the Counties ot Victoria, Hastings and tiesmaypMs 
 Ijcihiox and Addington, or any or either of them, may pass a ^i^aemraV 
 I>y-law or l»y-laws for raising money, not exceeding twenty for the 
 thousand dollars each, to be expended in the purchase of seed, gee'd, &^"° 
 and for the relief of persons sulTeriMg from the fiiilure of the 
 crops, and fur no other purpose ; and the debentures issued 
 uinler such liy-laws shall be a charge on the County issuing 
 the sauie. 
 
 3. Such liy-lav/ shall be in the form of Schedule A to this porm of By- 
 Act, and the sections numbered two hundred and twenty-two, law; sec. 284 
 two hundred and twenty-three, two hundred and twenty-four M,,nici'pffi 
 and two hundred and twenty- five of the Act respecting the ^5'','"i'*.f 
 3Iuriicip:il Institutions of Upper Canada, chapter fifty-four of "^'''^ 
 the Consolidated Statutes for Upper Canada, shall not apply 
 thereto. 
 
 a. The said County Councils shall severally lend the money j^ppijc^ti^ 
 so raised, in such sums as they may deem expedient, to Town- of moneys; 
 .ship Councils requesting the same, and shall impose and levy for repay-'** 
 a special rate in each year ajrainst the Municipality so borrow- n>en'- 
 ing, over and above all other County rates, until the loan and 
 interest are repaid. 
 
 4. The Township Councils shall lend the money so bor- Money may 
 rowed, and may also lend any surplus Township funds in their iub purpose 
 possession, not otherwise appropriated, to the persons aforesaid, ^j"'^'°* 
 ibr the purposes aforesaid. 
 
598 
 
 THE MUNICIPAL MANUAL. 
 
 g^J„Xmy ^' '^^^^ Township Councils, if they deem it expedient, may 
 puiriiHse purchase seed and deliver the same to the persons aforesaid, 
 in the place of money. 
 
 6. The Township Council shall, by by-law, declare the time 
 within which such loan shall be repaid, and shall impose, levy 
 and collect a special annual rate, over and above all other 
 rates, against the estate, real and personal, of the party borrow- 
 ing, and all the rights and remedies shall apply thereto, which 
 now or at any time hereafter shall apply to the collection of 
 any other rate or tax upon such land, or the Council, if it see 
 fit, may take other security, real or personal, for the payment 
 of such loan. 
 
 sued 
 
 Township 
 Council to 
 impoiie a spe- 
 cial rate on 
 parties 
 borrowing. 
 
 Application 
 of money a 
 rostricted. 
 
 Moneys lent 
 »r 8oed 
 delivered 
 exempt from 
 seizure. 
 
 Time for 
 pasHin:; IJy- 
 lawp, Ac, 
 under this 
 Act, limited. 
 
 7. No money raised under this Act shall be applied to any 
 other purpose ; and any surplus thereof, unapplied, shall be 
 added to the sinking fund, for the redemption of the deben- 
 tures issued as aforesaid. 
 
 8. No money lent or seed delivered', under this Act, shall 
 be seized in execution, garnished or attached. 
 
 9. No IJy-law shall be passed, and no debentures sliall be 
 issued under any By-law passed in pursuance of this Act, alter 
 the first day of May, one thousand eight hundred and si.Kty-fivo. 
 
 SCIIKDULE A. 
 By-Law Xo. — 
 
 Enacted by the County Council of the County of , uiulor 
 
 and by virtue of the Statute of this I'rovince, piissed in 
 the year one thousand eight hundred and si.\ty-fivo, iiiii- 
 tuled, An Act to enahl:' certain County Oiuuci/s />; 
 Upper Canada to raixc monej/ for assistinr/ 2^'''i<oiis, ut 
 certain cases, to sow their land. 
 
 Whereas it is expedient to rai.se the sum of dollars, In 
 
 be applied to the purposes in the said statute set forth: J>e it 
 therefore enacted, under the authority of the said statute, that 
 the said sum be forthwith raised for such purposes, and that 
 
 the Warden do cau.se debentures of the County of to be 
 
 issued, for the sum of dollars, which debentures shall 
 
 be payable within ten years, at furthest, from the date hereof, 
 and shall bear interest at the rate of six per cent, per annum, 
 payable half-yearly, on the thirtieth day of June and thirty-first 
 day of December, in each year; principal and interest to be 
 payable at , in the Town of . 
 
 And whereas the sum of 
 
 dollars will require to be 
 
 raised annually for paying the said debt and interest at Ine 
 
THE MUNICIPAL MANUAL. 
 
 599 
 
 times and in the manner aforesaid j and whereas the amount 
 of the whole ratable property in the said County, according to 
 
 the last revised Assessment rolls, amounts to dollars : Be 
 
 it therefore further enacted, that the sum of in the dollar 
 
 on the said gross ratable value of property be levied and col- 
 lected, in each year, over and beyond all other rates, general 
 and special, for the purpose of paying the interest on, and 
 
 creating a sinking fund to pay the said sum of dollars, 
 
 raised under the authority of this By-law and the statute 
 aforesaid. 
 
 29 VIC, -CHAPTER XXIV. 
 
 AN ACT RESPECTING REGISTRARS, REGISTRY OFFICES, 
 AND THE REGISTRATION OF INSTRUMENTS RELATING 
 TO LANDS IN UPPER CANADA. 
 
 [Assented to 18th September, 18C5.] 
 
 Her Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 Books of Office. 
 
 20. The Treasurer of the County or City shall provide a 
 fit and proper Register Book for each Township, reputed 
 Township, City, Town and incorporated Village, the limits 
 whereof are defined by lav/, and all indices and other books 
 required for the business of the said office ; and all such 
 Ilegistcr Books shall be as nearly as may be of the like size 
 and description as those heretofore furnished, and shall con- 
 tinue to be of one uniform size or nearly so ; and from the 
 time such books are so provided and received at the Registry 
 Office, the person who holds and excutes the office of Registrar 
 shall keep and cause to be used for that purpose, a separate 
 Register Book for and of each Township, reputed Township, 
 City, Town and incorporated Village, the limits whereof are 
 defined by law, within the County, for which he holds office ; 
 and he shall also keep and cause to be used for that purpose a 
 general Register Book for the whole County, in which shall 
 be recorded all wills and instruments in which there is a 
 general devise, conveyance or power afi"ecting lands without 
 local description, and in which book an alphabetical index of 
 tie names of all the parties mentioned by name in such instru- 
 ment shall also be kept ; and whenever any Registrar requires 
 a new Registrar Book, or any other book for the use of his 
 office, the same shall, on his application therefor, be furnished 
 
 County Trea- 
 surer to pro- 
 vide proper 
 books, one 
 for each 
 Incality in 
 tlie county. 
 
 Gciieral lie- 
 Rlstry book 
 for the whole 
 county nnd 
 for wlittt pur- 
 poses. 
 
 New books to 
 be furnished 
 when 
 required. 
 
000 
 
 THE MUNICIPAL MANUAL, 
 
 If the Trea- 
 surer 
 
 neKlorts to 
 provide 
 books. 
 
 County 
 .luduo or 
 Wsriicn to 
 certify- books. 
 
 Provision 
 when any 
 place 1b 
 sepiinited 
 from a 
 county, cr 
 detached 
 from one 
 county i\nd 
 attHciu^d to 
 anotluT. 
 
 Certain 
 t>o()liH, Ac, to 
 Im trnus- 
 lerred. 
 
 to him by the Treasurer, and all such books so furnished shall 
 bo paid for by the Treasurer out of the County or City funds 
 as the case may be ; and all such books so furnished, used and 
 kept, shall be deemed to be property of Her Majesty for the 
 use and benefit of the public. 
 
 21. If the Treasurer refuses or neglects to furnish such 
 books within thirty days after such application therefor, the 
 UcKistrur m* . '^vide the same and recover the cost.s thcrcuf 
 
 from tlio r*' 
 
 Mty of the County or City so in default. 
 
 statement to 
 be furniEbed 
 from Keueral 
 regiiitry 
 l-nok. 
 
 22. The Judge of the County Court or Warden of tl.c 
 County pb^ll give a certificate respecting each llegii^trv ur 
 otlier Hook so fi ".ishc i provided, in the form D, or to tlu; 
 like effect, in the Appci-ii':. lie.cto. 
 
 23- When any County, City, Town, incorporated Yillagi'. 
 Township, reputed Township or place, making part of a County 
 wherein a separate Registry Office is or has been kept, is or lia.s 
 been detached from some union or County and set apart for 
 Kegistration purposes or attached to or made part of another 
 county for which a separate Registry Office is also kept, or whou 
 a separate Registry Office is established in any County or junior 
 County, according to the provisions of this Act, the Registrar 
 of the County from which such localities are so detached, 
 shall deliver to the Registrar of the County set apart, or of 
 the County whereunto the same is attached, the Registry 
 Book or Books, and all other Books or Indices which have 
 been kept according to the statute, exclusively for such County, 
 City, Town, Incorporated Village, Township or reputed Town- 
 ship, or place, the original memorials and original duplicates of 
 all deeds, conveyances and wills of, or relating exclusively tn. 
 any lands within the same, and all other instruments, and all 
 maps of Cities, Towns or Villages within the same, hulged 
 according to law in his office, also a statement of all titles to 
 lands within such detached localities, registered before separate 
 Registry Books were kept for each township or place, which 
 statement shall contain a schedule of all memorials and other 
 registered 'instruments which are so delivered, and also an 
 exact copy of all memorials and other registered document.s 
 affecting such lands which, by reason of their relating to two 
 or more localities cannot be delivered, and such statement 
 shall also contain the same particulars with regard to will.«, 
 and shall be accompanied by indices of names, and an index 
 of lots, which shall be considered as a part of the said state- 
 ment: such Registrar shall also furnish therewith a statement 
 
 
THE MUNICIPAL MANUAL. 
 
 601 
 
 and copy of all -wills and other instruments registered in any 
 szeneral Registry Book and shall carefully compare such state- Kegiatrnr 
 nient with the original entries in the Register Books in his game^'"^'^" 
 office, and indorse a certificate to that eifect on the statement 
 when furnishing the same ; the Registrar receiving such books, 
 and his successors, shall keep the same among the Registry 
 Rooks of his office, and deal with them, in all respects in like 
 manner as those originally supplied to and kept therein. 
 
 21. 
 
 Any Registrar who refuses to deliver such book.s, n^^i^ti 
 
 I'ennUy on 
 
 plans, duplicates, indices or memorials, as aforesaid, within six fusing to 
 niGnth:^ utter demand in writing therefor, made upon him by "ransfer'&o. 
 the Registrar entitled to receive the same, shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof, before 
 any Court of Oyer and Terminer and General Gaol Delivery, 
 .shall forfeit his office and be liable to a fine, in the discretion 
 uf yuch Court, not exceeding four hundred dollars. 
 
 25. In ca.se any Registrar shall have been removed from or itej-istrar. 
 shall resign his office, he shall forthwith deliver up all books, rpsrininij;''to 
 plans, instruments, meu)orials and indices in his possession, as <'''i»«'' "P 
 such Registrar, to the person who is appointed Registrar in 
 his stead, or to any other person who may be specially appointed 
 in writing by lier Majesty's Attorney-General or Solicitor- rro^eodings 
 General for Upper Canada to receive the same, and if such refusal- 
 Registrar refuse to do so, the Attoincy-Gencral or Solicitor- 
 Goneral may direct the Sheriff of the County to seize and take 
 immediate po.ssession of the same wheresoever found, and the 
 Registrar so offending shall be liable to a fine, in the discretion 
 of the Court, not exceeding two thousand dollars, and to any 
 teruj of imprisonment, if the Court think fit to impose it in 
 addition to the fine, not exceeding one year. 
 
 96. All Registrars who have received or shall receive from 
 another County original memorials and statements of title 
 therewith, shall, so soon as practicable, after the passing of 
 this Act, make full and complete copies of all such memorials 
 in proper books, and in the same order and relation in which 
 they were originally registered, inserting in the margin of the 
 Registry Books, opposite to each memorial or instrument, the 
 number thereof and the particular time at which such memorial 
 or instiument was originally recorded, as indorsed on the back 
 thereof by the Registrar or bis Deputy, at the time of the 
 original rcKistration thereof. 
 
 Duty of 
 
 Refiistrars 
 
 receiving 
 
 ori;;inal 
 
 memorfsls, 
 
 &c., from 
 
 another 
 
 county. 
 
 97. Whenever, in any Registry Office, any book from age 
 or use, is becoming obliterated or uufit for future use, the 
 
 Provision 
 when any 
 boolc 
 
602 
 
 THE MUNICfPAL MANUAL. 
 
 be made. 
 
 vmmes im- Inspcctov sliall, by directions iti writing; under his hand, order 
 u^e; copy to sucli book to bo rc-copied in a book of like description as thdt 
 required under the twenty-sixth section of this Act, so far as 
 the same can bo deciphered, by examination thereof and of 
 the original memorials relating thereto, which book having 
 the order of such Inspector for the copying thereof, under the 
 hand of the Inspector, inserted at the beginning of the book, 
 and having the affidavit or declaration of the Registrar or his 
 Deputy, at the end of such book, to the effect that such book 
 so copied, is a true copy of the original book of which it pur- 
 ports to be a copy, shall be to all intents and purposes accepted 
 and received as the original book, and as prima facie evidence 
 that such copy is a true copy of the original book ; every such 
 original book shall, nevertheless, be carefully preserved, not- 
 withstanding a copy thereof shall have been made, and every 
 such Registrar or his Deputy, shall be obliged to make his 
 affidavit or declaration in this section mentioned. 
 
 Original to 
 bu preserved 
 
 After 1ft 
 Jan., 1800, 
 each Regis- 
 trar to make 
 an abstract 
 Index, to lots 
 nbat it shall 
 contain. 
 
 T.) be in 
 form K. 
 
 Also an In- 
 dex of names 
 for eacli 
 locality. 
 
 38. The Registrar, on and after the first day of Janury one 
 thousand eight hundred and sixty-six, shall, in a new book to 
 be opened for the purpose, and to be called the " Abstract 
 Index," enter under a separate apd distinct head each separate 
 lot or part of a lot of land as originally patented by the Crown, 
 or as defined on any plan of the sub-division of any such land 
 into smaller sections or lots after such plan shall have been 
 filed in the Registry Office, and every instrument registered 
 on and after the said first day of January, one thousand eight 
 hundred and sixty-six, mentioning any such parcel or lot of 
 land or other sub-division, and the names of all persons to each 
 instrument, and the nature of it, (such as a " Will," " Grant," 
 " hcase," '' Power of Attorney,") the numbers of registnition 
 of all such instrument', and the day, month and year, of their 
 roiristiy, shall, by the Registrar, in addition to all enti'ies now 
 required, be entered in regular order and rotation under the 
 proper heading of each such separate parcel or lot of laiid 
 mentioned in sueh instruuient, and the book or books, to h(i y-u 
 kept by each llogislrar for the purpose of niukirig the .^aid 
 entries, shall be in the form or nearly so of Schedule E, in the 
 appendix hereto. 
 
 90. Every Registrar shall also, for each township, city, 
 town, and incorporated vilhige, keep an Alphabetical Index 
 of names exhibiting in columns the number of each nicmorial, 
 the names of the different grantors, and the names of the 
 grantees, according to the form of Schedule F of this Act. 
 
 
TIIK MUNICIPAL MANUAL. 
 
 C03 
 
 30. All instruments that, maybe registerctl uiidor this Act •J'^',''''"'''.'V, 
 shall, on ami after the first day of January next, bo registered trHHotis'tuW 
 at full length, including every certificate and aflidavit, except- I|na*b,J^"^'"* 
 ing certificates by the Registrar nceompanving the same, upon 
 
 and by the delivery to the Registrar of the original instrument, 
 where but one is executed, or when such instrument is in two 
 or more original parts, upon and by delivery of one of such * 
 parts. 
 
 31. In ease one of two or more original parts is registered, [.""t^vHr"'" 
 the Registrar shall endorse upon each of such original parts a morB part's. 
 certificate of such registration, and such original, so certified, 
 
 shall be received as prima fncie evidence of the registration 
 and of the duo execution of the same. 
 
 33- When any instrument shall include different lots or instiumcnts 
 parcels of land situated in different municipalities in the same Koven"no'ts 
 County, it shall only be necessary to furnish one duplicate jiKiiflBrent 
 original of such instrument, and such duplicate origiual shall 
 bo copied into the Registry Book pertaining to any city, town, 
 incorporated village, township, or place wherein any lands 
 therein mentioned are situate, and the Registrar shall make 
 the necessary entries and certificates accordingly. 
 
 as 
 til lte;;istra- 
 tinns iii'firH 
 tliM 1st .Inn.. 
 
 isi;ii. 
 
 33. In order to make every Index required by this Act i"'i-^fp«oi.. 
 complete, it shall be the duty of each Registrar in all oases 
 when the abstract or alphabetical indices have not been hereto- 
 turo kept substantially as herein provided, to enter all the 
 regii^trations affecting lands, which may have, been recorded 
 before the first day of January, one thousand eight hundroil 
 and sixty-six, in the same manner and in the like books as 
 provided in the twenty-eight and twenty-ninth sections. 
 
 70. Should the County Treasurer of any County or City 
 in whicli a separate Registry Office is established, on the re- 
 (|ucst of the Registrar for the duties performed according to 
 this Act, refuse to pay the fees and allowances for any services 
 required by this Act under sections twenty-three, twenty-.six, 
 twenty-seven, and thirty-three, such Registrar may prove the 
 .same and recover the same and the costs thereof from the cor- 
 poration of the County or City in any Court of Record in 
 IJppcr Canada ; and the Inspector's certificate of the amount 
 and of the services rendered sliall ha primd facie evidence of 
 the right to recover. 
 
 licmvcry o;' 
 fw'8 from 
 ni\inli-i|inl 
 cailmi-.-iliciii- 
 
 EvlJence. 
 
00:t 
 
 TIIIO MUNICIPAL MANUAL. 
 
 Appoint- 
 ment of In- 
 sipeetor and 
 Ills duties. 
 
 Insi>t>ctloa 
 of now 
 InJoxes. 
 
 Report ins 
 vac-;incies. 
 
 t^ufficiency 
 or insulfl- 
 ciency of 
 sureties. 
 
 TNsri;( TOR OF Rkgihtry Offices, 
 
 82. Tlio Governor inny, from time to time, appoint tin 
 Inspector of Ilej^istry Offices, wlio.se duty shall be to nmke 
 a personal inspection of the building in which each office is 
 kept, and of the books, deeds, memorials and other instruments 
 in each llo^istry Office, to see that the proper books have 
 been and are provided, that thoy are in good order and con- 
 dition, that the proper entries and registrations arc mado 
 thoruin in a proper manner and in due and proper form and 
 order, that the indices are properly kept, and that all the 
 niomorials and other instruments are duly endorsed and cer- 
 tideJ, and preserved, to ascertain that the office is kept duly 
 open at and for the proper times, and that it is at all times 
 duly attended to by the Registrar or his Deputy, to settle on 
 some uniform device for the official seals and to see that the 
 lloLii-strars supply themselves therewith, to inspect the abstract 
 and alphabetical indices when any such have been kept before 
 thi.s Act shall come into force, and to determine whether 
 tlio same have or have not been substantially and sufficiently 
 kept in accordance with the requirements of section twenty- 
 eiglit of this Act, and if so to settle the amount of fees charge- 
 able therefor, and to certify the same ; also to inspect all new 
 abstract and alphabetical indices and to settle and certify the 
 sums chargeable therefor under this Act j and it shall also bo 
 his duty to ascertain whether the proper plans required by 
 this Act have been filed in the several Registry Offices, and 
 when necessary, to enforce the provisions of the law in that 
 re.'spect, and also to report upon any vacancies by death or 
 otlicrwise, in the offices of Registrar and Deputy Registrar, 
 and he shall inform the Registrar how and in what manner he 
 siiall do any particular act or amend or correct whatever he 
 may find amiss, and he shall also ascertain the sufficiency or 
 insufficiency of the sureties for the Registrar, and whether 
 they are living or dead, and he shall report upon all such 
 matters as expeditiou.sly as may be to the (loveriior for his 
 ufonnation and decision. 
 
n- 
 
 10 
 
 r- 
 
 cs 
 )ii 
 ;ie 
 ct 
 ro 
 or 
 
 e- 
 
 iW 
 
 10 
 
 by 
 
 lUt 
 
 or 
 :ir, 
 he 
 
 oi- 
 ler 
 ch 
 
 TIIE MUNICIl'AIi MANUAL, 
 
 «w: 
 
(300 
 
 TIIK MUNICirAL MANUAL. 
 
 I 
 
 .s 
 
 
 
 4) 
 
 1 1 
 
 ■ 8 
 
 1 
 
 U 
 
 E 
 % 
 
 a 
 
 E 
 _; 
 
 i 
 
 1 
 
 
 
 5 
 
 ;g 
 
 IT 
 
 1 1 1 
 
 
 
 
 g 
 
 ^ 
 
 ■a 
 
 S 
 
 j^ 
 
 .: 
 
 
 s 
 
 A 
 
 
 
 » 
 
 ts 
 
 ■«' 
 
 -J> 
 
 S 
 
 ■< 
 
 P3 
 
 
 
 
 i : 
 
 < 1 ^ 
 
 1 : 
 
 1 
 
 is 
 
 « 
 
 c 
 
 1 
 
 
 i 
 
 i . 
 
 s 
 
 1 ^ 
 
 
 
 i 
 
 3 = 9 -^5 
 
 5 S 
 
 d 
 
 1 
 
 
 
 ^ <; < M a y 1^ 
 
 c 
 
 O 
 
 
 1-^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 *c 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 c^ 
 
 
 
 
 
 
 
 
 
 
 
 
 i 
 
 
 
 
 
 
 
 
 
 
 
 
 '1 ?. 
 
 
 
 
 
 
 
 
 
 
 
 
 :i ^. 
 
 ^ 
 
 1 C 
 1 C 
 
 > c 
 
 ■4 r 
 
 ■J t. 
 
 5 »- 
 
 < c 
 
 4 f 
 
 J 
 
 ■1 <" 
 
 J lO O CO 
 1 r-f CI .-1 
 S O & 1-1 
 
 i ll r1 iH 
 
 
 li >•■ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 -/3 
 
 
 
 ■ 
 
 
 
 
 1 
 
 
 
 . I 
 
 
 
 TEE. 
 
 
 T3 
 
 •r. 
 
 ■H 
 
 
 1 
 
 i 
 
 9 V 
 
 ■y 
 
 C 
 
 
 a! 
 
 H 
 
 is 
 
 "3 
 
 w 
 
 o 
 CD 
 to 
 
 1-5 -Q !E> I 
 
 o- « "„ 1 
 3 m O C 
 
 
 1 
 
 1 
 
 1 
 
 en 
 
 
 r 
 
 1 
 
 u C 
 
 •< 
 
 5 ^ 
 
 pi 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 a 
 
 s 
 
 c 
 
 J 
 
 t 
 
 1 i 
 
 1 
 
 1 C 
 
 
 1- 
 
 £ 
 
 ] 9 
 
 . 1 
 
 
 
 i 1 
 
 ; 
 
 
 ■ c 
 
 ) C 
 
 i 5 
 
 
 ' % 
 
 
 < 
 
 ; < 
 
 j •< 
 
 ' e 
 
 ) p: 
 
 ) Pt 
 
 » t. 
 
 ) C 
 
 5 O 
 
 _; 
 
 
 
 
 
 
 
 
 
 
 
 e3 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 u 
 
 
 
 
 
 
 
 
 
 
 
 o 
 
 
 
 
 
 
 
 
 
 
 
 a 
 
 
 • 
 
 
 ; 
 
 
 
 
 
 
 
 » 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 »!■. 
 
 
 ; 
 
 ; 
 
 : 
 
 
 
 
 
 
 
 U^i 
 
 
 
 ; 
 
 I 
 
 
 
 
 
 
 
 o 
 
 »■ 
 
 -1 u 
 
 5 1- 
 
 - 1 
 
 ? ' 
 
 ^ ? 
 
 % c 
 
 
 1 c 
 
 
 c 
 
 ^ r 
 
 5 Z 
 
 3 C 
 
 
 3 C 
 
 
 
 
 !S 
 
 ^ 
 
 H f- 
 
 H 1- 
 
 ■1 r 
 
 -t r 
 
 H r 
 
 H r 
 
 
 
 
TIIK MUNICIPAL MANUAL. 
 
 007 
 
 PfDalty, 
 
 Buty of over- 
 mi'i-sof IiIkIi- 
 way* umler 
 thU Act. 
 
 29 Vr\— CHAPTER XL. 
 
 AN ACT TO PREVENT THE SPREADING OF CANADA 
 TinSTLES IN UPPER CANADA. 
 
 [A88et ' .1 in 18th Soptember, 1868.] 
 
 llcr Majesty, by and with the at I vice arJ consent of the I'renmbie. 
 Legislative Council and Assembly of Canada, enacts as follows : 
 
 I. It shall bo tho duty of every occupant of land in Upper ownorsof 
 Canada, to cut, or to cause to be cut down all the Canada a!!wn"'"' 
 thistles growing thereon, so often in each and every year as ''>i"t'e'' 
 shall be! sufficient to prevent them going to seed ; and if any fhl'irUnd" 
 owner, possessor, or occupier of land shall knowingly suffer 
 any Canada thistles to grow thereon, and the seed to ripen so 
 as to cause or endanger the spread thereof, he shall upon con- 
 viction be liable to a fine of not less than two nor more than 
 ten dollars for every such offence. 
 
 JJ. It shall be tho duty of the Overseers of Highways, in any 
 Municipality to see that the provisions of tbi.s Act arc carried 
 out within their respective highway divisions, by cutting or 
 causing to be cut all the Canada thistles growing on the high- 
 ways or road allowances within their respective divisions, and 
 every such overseer shall give notice in writing to the owner, 
 possessor, or occupier of any land within the said division 
 whereon Canada thistles shall be growing and in danger of 
 going to seed, requiring him to cause the same to be cut down 
 within five days from the service of such notice ; And in case 
 such owner, posses.sor or occupier shall refuse or neglect to 
 cut down the said Canada thistles, within the period aforesaid, 
 the said Overseer of highways shall enter upon the land and 
 cause such Canada thistles to be cut down with as little 
 damage to growing crops as may be, and he shall not be liable 
 to be sued in action of trespass therefor; Provided that no 
 such Overseer of highways shall have power to enter upon or 
 cut thistles on any land sown with grain ; provided also, that 
 where such Canada thistles are growing upon non-resident 
 lands, it shall not be necessary to give any notice before pro- 
 ceeding to cut down the same. 
 
 3- It shall be the duty of the Clerk of any Municipality in 
 which railway property is situated, to give notice in writing 
 to the Station-master of said railway resident in or nearest to 
 the said Municipality, requiring him to cause all the Canada 
 thistles growing upon the property of the said railway com- 
 pany within the limits of the said Municipality to be cut down 
 as provided for in the first section of this Act, and in case such 
 
 Proviso : as 
 to landH 
 pown with 
 grain. 
 
 Proviso: as 
 to noD-reHi- 
 dent lands. 
 
 Clerks of 
 Municipali- 
 ties to warn 
 Station 
 Masters to 
 cut down 
 thistles on 
 railways. 
 
008 
 
 THE MUNICIPAL MANUAL. 
 
 reualty. 
 
 Accoiitit (if 
 cxpensfH <o 
 bi- ktpt by 
 c'Tcr.^ei'r. 
 
 If tbo owners 
 tofuses to 
 pay. 
 
 I'rnvis'O : :ip- 
 P'':»l allowed. 
 
 How espen- 
 Fe-* sliall bu 
 (olk'Ctcd. 
 
 Penalty on 
 sale of any 
 seed mixed 
 with thiatle 
 t^eed. 
 
 Station master shall refuse or neglect to have the said Canada 
 thistles cut down within ten days from the time of service of 
 the said notice, then the Overseers of highways of the said 
 3Iunicipality shall enter upon the property of the said railway 
 company and cause such Canada thistles to be cut down, and 
 the expense incurred in carrying out the provisions of this 
 section shall be provided for in the same manner as in the 
 next following section of this Act. 
 
 '4. Each Overseer of highways shall keep an accurate 
 aeeouni of the expense incurred by him in carrying out the 
 provisions of the preceding sections of this Act, with rospcct 
 to each parcel of land entered upon therefor, and shall deliver 
 a statenioiit of such expenses, describing by its legal descrip- 
 tion the land entered upon, and verified by oath, to the owner. 
 possessor, or occupier of such resident lands, requiring him to 
 pay the amount ; in case such owner, possessor, or ooeupior of 
 such resident lands shall refuse or neglect to pay the same 
 within thirty days after such application, the said claim .shall 
 be presented to the Municipal Council of the Corporation in 
 whicli such expense was incurred, and the said Council is 
 hereby authorized and required to credit and allow such claim, 
 and order the same to be paid from the funds for general pur- 
 poses of the said ]Municipality ; the said Overseer of highways 
 shall also present to the said Council a similar statement of the 
 expenses incurred b}' him in carrying out the provisions of the 
 said section upon any non-resident lands ; and the said (\)uncil 
 is hereby authorized and empowered to audit and allow the 
 saaie in like in.annerj Provided always that if any owner, 
 occupant, or possessor, amenable under the provisions of this 
 Act, shall deem such expense excessive, an appeal may be had 
 to the said (\mncil (if made within thirty days after delivery 
 of such statement) and the said (.Council shall determine the 
 matter in dispute. 
 
 ii. The Municipal Council of the Corporation shall cause all 
 such sums as have been so paid under the provisions of this 
 Act, to be severally levied on the lands described in the state- 
 ment of the Overseers of highways, and to be collected in the 
 same manner as other taxes; and the same when collected 
 shall be paid into the Treasury of the said Corporation to 
 reimburse the outlay therefrom aforesaid. 
 
 C. Any person who shall knov/ingly vend any grass or other 
 seed among which there is any seed of the Canada thistle, 
 shall for every such offence, upon conviction, be liable to a fine 
 of not less than two nor more than ten dollars. 
 
THE MUNICIPAL MANUAL. 
 
 609 
 
 lada 
 !0 of 
 said 
 Iway 
 and 
 this 
 the 
 
 7. Every Overseer of highways or other officer who shall Penalty on 
 refuse or neglect to discharge the duties imposed on him by neglecting 
 this Act, shall be liable to a fine of not less than ten nor more '*'' **"*y" 
 than twenty dollars. 
 
 8. Every offence against the provisions of this Act shall be ^^^^^ 
 punished, and the penalty hereby enforced for each offence 
 
 shall be recovered and levied, on conviction, before any Justice 
 of the Peace ; and all fines imposed shall be paid into the 
 Treasury of the Municipality in which such conviction takes 
 place. I 
 
 29 & 30 VIC— CHAPTER V. 
 
 AN ACT TO PREVENT THE UNLAWFUL TRAINING OF 
 PERSONS TO THE USE OF ARMS, AND TO PRACTICE 
 MILITARY EVOLUTIONS OR EXERCISES; AND TO AU- 
 THORIZE JUSTICES OF THE PEACE TO SEIZE AND 
 DETAIN ARMS COLLECTED OR KEPT FOR PURPOSES 
 DANGEROUS TO THE PUBLIC PEACE. 
 
 [Assented to 15th August, 18C6.] 
 
 Her Majesty, by and with the advice and consent»of the Preamble. 
 Legislative Council and Assembly of Canada, enacts as follows: 
 
 1. All meetings and assemblies of persons for the purpose 
 of training or drilling themselves, or of being trained or drilled 
 to the use of arms, or for the purpose of practising military 
 exercises, movements or evolutions, without any lawful autho- 
 rity for so doing, shall be and are hereby prohibited and 
 declared unlawful, as dangerous to the peace and security of 
 Her Majesty's liege subjects, and of this Province ; and every 
 person who shall be present at or shall attend any such meeting 
 or assembling for the purpose of training any other person or 
 persons to the use of arms or to the practice of military exercises, 
 movements or evolutions, or who, without lawful authority for 
 so doing, shall train or drill any other person or persons to the 
 use of arms, or to the practice of military exercises, movements 
 or evolutions, or shall aid or assist therein, being legally con- 
 victed thereof, shall be liable to be imprisoned in the Provincial 
 Penitentiary for the term of two years, or to be punished by 
 fine and imprisonment in any of the common gaols of this 
 Province for a period not less than two years, in the discretion 
 of the Court in which such conviction shall be had ; and every 
 person who shall attend or be present at any such meeting or 
 assembly for the purpose of being, or who shall at any such 
 30 
 
 Meetings for 
 driU, &c., 
 wiUiont law- 
 ful authority 
 prohibited. 
 
 PunialimeBt 
 of persons 
 acting as 
 instructors 
 at such 
 meetings. 
 
 And of 
 persons 
 receiving 
 instructioa. 
 
GIO 
 
 Such meet- 
 ings may be 
 ilipperscd, 
 and pei'sons 
 attending 
 them arrest- 
 ed, and com- 
 mitteil for 
 tri«l if not 
 bailed. 
 
 Arms or am- 
 munition 
 kept for any 
 im lawful 
 purpose may 
 lie seized and 
 (letaiuod. 
 
 And the per- 
 son having 
 them may be 
 •rrcsted. 
 
 THE MUNICIPAL MANUAL. 
 
 meeting or assembly be trained or drilled to the use of iivmf, 
 or the practice of military exercises, movements or evolutions, 
 being legally convicted thereof, shall be liable to be punished 
 by fine and imprisonment not exceeding two years, in the dis- 
 cretion of the Court before which such conviction shall be had. 
 
 2. It shall be lawful for any Justice of the Peace, or for 
 any constable or peace bfficer, or for any person acting in their 
 aid or assistance, to disperse any such unlawful meeting or 
 assembly as aforesaid, and to arrest and detain any perso?) 
 present at or aiding, assisting or abetting any such asHenibly 
 or meeting as aforesaid; and it shall be lawful for the Justice 
 of tlio Peace who shall arrest any such person, or before whom 
 any person so arrested shall be brought, to commit such person 
 for trial for such offence, under the provisions of this Act, 
 unless such person can and shall give bail for his appearance 
 at the next assizes, if in Upper Canada, or at the next term 
 or sitting of the Court of Queen's Bench in the exercise of its 
 criminal jurisdiction, if in Lower Canada, to answer to any 
 indictment which may be preferred against him for any such 
 offence against this Act. 
 
 3. And whereas it is expedient to prevent the collection 
 and keeping of arras, weapons and other things within this 
 Province, which are so collected and kept for purposes dan- 
 gerous to the public peace; and it is expedient that Justices 
 of the Peace be authorized and empowered to seize and detain 
 such arras and weapons, therefore it shall be lawful for any 
 Justice of the Peace, upon information on oath of one or more 
 credible witness or witnesses, that any pike, pike-head, spear, 
 dirk, dagger, sword, pistol, gun, rifle or other weapon, gun- 
 powder, lead, cartridges, bullets or other ammunition or muni- 
 tions of war. are for any purpose dangerous to the public peace, 
 in the possession of any person, or in any house or place, to 
 issue his warrant to any constable or other peace officer, to 
 search for and seize any such pike, pike-head, spear, dirk, 
 dagger, sword, pistol, gun, rifle or other weapon, gunpowder, 
 lead, cartridges, bullets or other ammuniti' u or munitions of 
 war, being in the possession of any such person, or in any such 
 house or place as aforesaid ; and to arrest any person having 
 such possession as aforesaid, and in case admission into such 
 house or place be refused, or not obtained within a reasonable 
 time after it shall have first been demanded, to enter by force, 
 by day or by night, into every such house or place whatsoever, 
 and to detain and cause to be detained such person, and to keep 
 in safe custody, in such place as the said Justice shall appoint 
 and direct, the arms and weapons, ammunition or munitions of 
 
THE M0NICIPAL MANUAL. 
 
 611 
 
 How dealt. 
 
 war, so found or seized as aforesaid, unless the owner thereof 
 shall prove, to the satisfaction of such Justice, that such arms 
 or weapons, ammunition or munitions of war, were not kept 
 for any purpose dangerous to the public peace ; and any such 
 person having the possession or custody of any such arms, 
 weapons, ammunition or munitions of war, and being so arrested, 
 shall be brought before any justice of the peace, and may be 
 dealt with, tried and punished in the same manner us is pro- 
 vided for persons arrested and tried under the fifth section of 
 this Act. 
 
 4. Provided always, that it shall be lawful for any person ^tj'J'ut^o^.cf 
 from whom any such arms or weapons, ammunition or munitions snch arms, 
 of war, shall be so taken as last aforesaid, in case the justice be decided" 
 of the peace upon whose warrant the same shall have been «pon- 
 taken, upon application made for that purpose, refuses to 
 
 restore the same, to apply to the next General or Quarter 
 Sessions of the peace, or in Lower Canada in any district in 
 which no such Court may then be held, to any Judge of the 
 Court of Queen's Bench, or of the Superior Court, upon 
 giving ten days previous notice of such application to such 
 justice of the peace, for the restitution of such arms or weapons, 
 or any part thereof; and the Justices assembled at such 
 General Quarter Sessions of the Peace, or such Judge of the 
 Court cf Queen's Bench, or of the Superior Court, shall make 
 such order for the restitution or safe custody of such arms or 
 weapons, or any part thereof, as upon such application shall 
 appear to them or him to be proper. 
 
 5. It shall be lawful for any Justice of the Peace, or for 
 any constable, peace officer or other person acting under the 
 warrant of any Justice of the Peace, or for any person acting 
 with or in aid of any Justice of the Peace, or of any constable 
 or other peace officer, having such warrant as aforesaid, to arrest 
 and detain any person found carrying any such arms or weapons 
 as aforesaid, in such manner and at such times as, in the 
 judgment of such Justice of the Peace, to affi)rd just grounds 
 of suspicion that the same are for purposes dangerous to the 
 public peace ; and it shall be lawful for \he justice who shall 
 arrest any such person, or before whom any person arrested 
 upon any such warrant shall be brought, to commit such 
 person for trial for a misdemeanor ; and such person shall be 
 liable to be tried for a misdemeanor for carrying such arms or 
 weapons aforesaid, and on conviction shall be punished by fine 
 or imprisonment or both in the discretion of the Court trying 
 him for such offence ; but any such person may before convic- 
 tion give good and sufficient bail for his appearance at the 
 
 Persons car- 
 rying HnnK 
 for unlawful 
 purposes 
 may be 
 nrrestcd, nod 
 
 Commiited 
 and tried for 
 misdemea- 
 nor. 
 
 Maybe 
 bailed. 
 
612 
 
 THE MUNICIPAL MANUAL. 
 
 All Justices 
 of (he Peace 
 to have con- 
 cnrrentjurls- 
 ijiction 
 under this 
 Act. 
 
 Provieion for 
 protection of 
 J iisticea and 
 otliers acting 
 under this 
 Act. 
 
 next Assizes or General Quarter Sessions of the Peace, or in 
 Lower Canada in any district in which no Court of Quarter 
 Sessions may then be held, at the next term of the Court of 
 Qucen^s Bench in the exercise of its criminal jurisdiction to 
 answer to any indictment which maybe preferred against him. 
 
 O- All Justices of the Peace in and for any District, County, 
 City, Town or place, in this Province, shall have concurrent 
 jurisdiction as Justices of the Peace, with the Justices of any 
 other District, County, City, Town or place, in all cases as to 
 the carrying into execution the provisions of this Act, and as 
 to all matters and things relating to the preservation of the 
 public peace under this Act, as fully and effectually as if each 
 of such justice was in the commission of the peace, or were ex 
 q^cto Justices of the Peace for each of such Districts, Coun- 
 ties, Cities, Towns or places. 
 
 7. A.ny action or suit which shall be brought or commenced 
 against any Justice or Justices of the Peace, constable, peace 
 officer or other person or persons for anything done or acted 
 in pursuance of this Act, shall be commenced within six calen- 
 dar months next after the fact committed, and not afterwards; 
 and the venue shall be laid in Upper Canada, and the action 
 or suit shall be brought in Lower Canada, in the proper county, 
 district, or other judicial division where the fact was commit- 
 ted, and not elsewhere; and the defendant or defendants may 
 plead the general issue, and give this Act and the special 
 matter in evidence in any trial to be had thereupon ; and if 
 such action or suit' bo commenced or brought after the time 
 hereby limited for bringing the same, or be brought or the 
 venue laid in any other place than as aforesaid, then a verdict 
 shall be found or judgment shall be given for the defendant or 
 dbfendants; and in such case, if the plaintiff or plaintiffs 
 become non-suit, or discontinue his, her or their action after 
 appearance, or if the jury find a verdict or the Court give 
 judgment for the defendant or defendants on the merits, or 
 if upon demurrer judgment be given against the plaintiff or 
 plaintiffs, the defendant or defendants shall have double costs, 
 and may recover the same in such and the same manner as 
 any defendant can by law in like cases. 
 
 8. The Governor-ii)-Council may, ftrom time to time, by 
 proclamation, suspend the operation of this Act in this Pro- 
 
 'forc"*^in\ho" viuce, or in any particular districts or district, counties, county 
 whole I'ro- or locality therein specified ; and from and after the period 
 p.^roflt"."^ specified in any such proclamation, the powers given by thi.s 
 
 Act shall be suspended in this Province, or in such district^; 
 
 or district, counties, county or locality; but nothing herein con- 
 
 D.mlile costs 
 Hscainst 
 pLiintilT fail- 
 infi in tii.i 
 suit. 
 
 This Act may 
 b-Huspended 
 uTiA again 
 
THE MUNICIPAL MANUAL. 
 
 tained shall prevent or be construed to prevent the Governor- 
 in-Council from again declaring, by proclamation, that this 
 Province or any such districts or district, counties, county or 
 locality, shall be again subject to this Act and the powers 
 hereby given, and upon such proclamation this Act shall be 
 revived and in force accordingly. 
 
 9. No person shall be prosecuted for any offence done or umitation of 
 committed against the provisions of this Act, unless such JeraUonH''un.' 
 prosecution be commenced within six calendar months after der this Aet. 
 the offence committed. 
 
 29 Vic. c. 39. 
 
 29 & 30 VIC— CHAPTER LV. 
 
 AN ACT TO AMEND AND CONSOLIDATE THE ACTS TO 
 IMPOSE A TAX ON DOGS, AND TO PROVIDE FOR THE 
 BETTER PROTECTION OF SHEEP IN UPPER CANADA. 
 
 [Assented to 16th August, 1S66.] 
 
 Whereas it is expedient to amend and consolidate the Act, Prcamiio. 
 chapter thirty-nine of the twenty-ninth Victoria, intituled, 
 An Act to impose a Tax on Dogs and to provide for the better 
 protection of Sheep in Upper Canada : Therefore, Her 
 Majesty, by and with the advice and consent of the Legislative 
 Council and Assembly of Canada, enacts as follows : 
 
 1. The Act passed in the twentieth-ninth year of Her 29 vie. c. sj 
 Majesty's reign, and chaptered thirty-nine, intituled : An Act '*'^»'''<'- 
 to impose a tax on dogs, and to provide for the better protection 
 
 of sheep in Upper Canada, is hereby repealed. 
 
 2. There shall be levied annually in every Municipality in Annusi tax 
 Upper Canada, upon the owner of each dog therein, an annual •""'"S"- 
 tai of one dollar for each dog, and two dollars for each bitch. 
 
 3. The assessor or assessors of every Municipality, at the Duty of 
 time of making their annual assessment, shall enter on their to^^^^tJ^^f 
 roll opposite the name of every person assessed, and also shall dogs, 
 enter opposite the name of every resident inhabitant not other- 
 wise assessed, being the owner of any dog or dogs, the number 
 
 by him or her owned or kept, in a' column prepared for the 
 purpose. 
 
 4. The owner or keeper of any dog shall, when required Duty of 
 by the assessor, deliver to him in writing the number of dogs J^"®""* °^ 
 owned or kept, whether one or more, and for every neglect or 
 refusal to do so, and for every false statement made, shall incur 
 
G14 
 
 THE MUNICIPAL MANUAL. 
 
 Tax to bo 
 
 pnttired nil 
 Collector's 
 roll. 
 
 Tax to form 
 a I'liii'l fur 
 dairmges. 
 
 Kesidua. 
 
 Proviso. 
 
 a penalty of five dollars, to be recovered before any Justice of 
 the IV ICG for the Municipality, with costs. 
 
 a. Tlie collector's roll shall contain the name of every 
 person entered on the assessment roll as the owner or keeper 
 of any dog or dogs, with the tax hereby imposed, in a separate 
 column, and the collector shall proceed to collect the same, and 
 at the same time and with the like authority, and make returns 
 to the Treasurer of the Municipality, in the same manner and 
 subject to the same liability for paying over the same in all 
 respects to the Treasurer as in the case of other taxes levied 
 in the Municipality. 
 
 6. The money so collected and paid to the Clerk or Trea- 
 surer of any Municipality, shall constitute a fund for satisfying 
 such damages as may arise in any year from dogs killing or 
 injuring sheep or lambs in such Municipality, and the residue, 
 if any, shall form part of the assets of the Municipality for the 
 general purposes thereof; but the fund shall be supplemented 
 when necessary in any year to pay charges on the same, t'* 
 extent of the amount which may have been applied to ti:o 
 general purposes of the Municipality. 
 
 7. The owner or keeper of any dog, that shall kill, wound 
 or otherwise injure any sheep or lamb, shall be liable for the 
 value of such sheep or lamb to the owner thereof, without 
 proving notice to the owner or possessor of such dog, or know- 
 ledge by him that his dog is mischievous or disposed to kill 
 sheep. 
 
 ^ . 8. The owner of any sheep or lamb that may have been 
 
 byowiier"/of killed or injured by any dog or dogs, may apply to any two 
 iiiieep killed Justices of the Peace for the County, who shall enquire into 
 the matter of complaint, and examine such owner and his 
 witnesses (if any) upon oath ; and if satisfied that such sheep 
 or lamb had been killed or injured by any dog or dogs, and if 
 upon the evidence produced the Justices shall be satisfied as 
 to whom such dog or dogs belong, or by whom such dog or 
 dogs were kept, such owner or owners if more than one, shall 
 be liable to pay the amount of damages proved to have been 
 sustained by such owner of the sl-eep or lamb killed or injured 
 by the owner, or, if more than on.;, owners of such dog or dogs, 
 equally, upon the order and d' vision of the Justices before 
 whom the complaint was maric, and each Justice shall have 
 authority to summon witnesses and to enforce payment of 
 damages and costs by distress and sale in the manner provided 
 by chapter one hundred and three of the Consolidated Statute.s 
 of Canada, respecting 'the duties of Justices of the Peace out 
 
 Liability of 
 Mwiicrs of 
 dogs. 
 
 or injured. 
 
 nearing and 
 decision. 
 

 THE MUNICIPAL MANUAL. 
 
 615 
 
 Payment of 
 damageB by 
 Municipality 
 if owner of 
 dog cannot 
 be found. 
 
 of session in relation to summary conviction and orders, either 
 party aggrieved having the right to appeal by By-law provided 
 in cases of summary conviction. 
 
 9. If the party injured shall make oath that upon diligent 
 search and enquiry he has not been able to discover the owner 
 or keeper of the dog or dogs by which such damage or injury 
 has been done, or shall fail to recover the amount of damages 
 or injury adjudged from the ©wncr or keeper of such dog or 
 dogs, if known, for want of distress, the Justices before whom 
 the complaint was made, shall certify to the facts that such 
 owners cannot be found, or that if known, there were no goods 
 found upon which to levy the same, and the amount of damages 
 by them adjudged, and upon the production of the certificate 
 of such Justices to the effect aforesaid, being served upon or 
 left with the Clerk of the Municipality, it shall be the duty of 
 such Clerk to lay the same before the Muuicipal Council at 
 its next meeting; and in such cases the Municipal Council 
 shall issue its order on the Treasurer for the amount of the 
 damages appearing by the certificate of the Justices of the 
 Peace to have been sustained by the owner of any sheep or 
 lumb killed or injured by any dog or dogs, and such amount 
 shall be paid by the Treasurer from and out of the fund con- 
 stituted by the sixth section of this Act, and from no other 
 fund whatsoever; Provided always, that if after such damages 
 shall have been paid by the Treasurer as aforesaid, the owner 
 or keeper of any such dog or dogs shall afterwards be identified 
 and proved, it shall bo the duty of the Clerk of the Munici- 
 pality to make complaint before a Justice of the Peace for the 
 County, who shall summon such reputed owner, and any two 
 Justices of the Peace shall proceed to try the case and deter- 
 mine the same in the manner provided by the eighth section 
 of this Act for compelling the owners of dogs killing or injur- 
 ing sheep or lambs to pay the damages. 
 
 10. If after receiving the amount of such damages from f^F^y?^"' 
 the Treasurer of the Municipality, the owner of the sheep or sheeiM)wner 
 lamb so killed or injured shall recover the value thereof, or any Jr^'^'jjg^ 
 part of such value from the owner or keeper of any dog, he owner, 
 shall refund and repay to the Treasurer of the Municipality 
 
 the sum so received from him, and it shall be the duty of the 
 Clerk of the Municipality to bring an action against such owner 
 to recover such apiount and such amount when recovered shall 
 form part of the fund constituted by the sixth section of this 
 Act. 
 
 11. Any person may kill any dog which he may see worry- Dogs seen 
 ing or wouuding any sheep or lamb. worrying. 
 
 Proviso; if 
 owner of dot; 
 be afterwards 
 found. 
 
tJ16 
 
 D(>gg known 
 to worry 
 Kheep to be 
 killed by 
 owner. 
 
 Penalty for 
 neglect. 
 
 VrOTiso. 
 
 ProTiso. 
 
 So^B not 
 paid for to bo 
 killed. 
 
 Fees and 
 returns by 
 J. P's. 
 
 Act limited 
 to T. C. 
 
 THE MUNICIPAL MANUAL. 
 
 12. The owner or keeper of any dog, to whom notice shall 
 be given, of any injury done by his dog to any sheep or lamb, 
 or of hifl dog having chased or worried any sheep or lamb, 
 shall, within forty-eight hours after such notice, cause such 
 dog to be killed; and for every neglect so to do, he shall 
 forfeit a sum of two dollars and fifty cents, and a further sum 
 of one dollar and twenty-five cents for every forty-eight hours 
 thereafter until such dog be killed ; provided that it shall be 
 proved to the satisfaction of the' Justices of the Peace before 
 whom such suit shall be brought for the recovery of such 
 penalties, that such dog has worried or otherwise injured such 
 sheep or lamb ; and provided also, that no such penalties shall 
 be enforced in case it shall appear to the satisfaction of such 
 Justices of the Peace, that it was not in the power of such 
 owner or keeper to kill such dog. 
 
 13. In cases where parties have been assessed for dogs and 
 the Township, Collector has failed to collect the taxes autho- 
 rized by this Act, he shall report the same under oath to any 
 Justice of the Peace, and such Justice may order such dogs 
 to be destroyed. 
 
 14. Every Justice of the Peace shall be entitled to charge 
 such fees in cases of prosecutions under this Act as it is lawful 
 for him to do in other cases within his jurisdiction, and shall 
 make the returns usual in cases of conviction, and also a return 
 in each case to the Clerk of the Municipality, whose duty it 
 shall be to enter the same in a book to be kept for that purpose. 
 
 ItS. This Act shall apply to Upper Canada only. 
 
V..- 
 
 ; 
 
 ^ 
 
 INDEX 
 
 ACCEPTANCE OF OFFICE. 
 
 Refusal to accept— Se« Councils, Hunioipai,. 
 ACCIDENTS.— -See Cobpokations, Municipal— Macuineuy. 
 ACCOUNTS— Of debts and rates, how kept.— See Debts. 
 ACTION. —See Limitation of Actions— Notice of Action. 
 
 ADDINGTON, COUNTY OP. 
 
 To consist of certain Townships, &3., 531. 
 
 Power to raise money to buy seed, 697. 
 VDJOURNMENT of meetin-s of Council.-See Councils, Municipal. 
 ADMINISTRATION OP JUSTICE.-See Different Titles throughout the Index. 
 ADMINISTRATOR— See Executor. 
 
 AFFIDAVIT.— See Oaths. 
 AGRICULTURAL ASSOCIATION OF U. C. 
 
 Who to compose, 189. 
 Aid to, 189. 
 AGRICULTURAL SOCIETIES. ' 
 
 How organized. 18'.). , 
 
 Aid to, 189. 
 
 ALDERMEN. . .n ^- 
 
 To be three for each ward in cities, 49, 0<. 
 Qualification of, 64, 55. 
 Election of -See Elkctions-Citiks 
 Ex-officio Justices of the Peace for cities, 31o. 
 
 AMENDS.— See Tender of Amends. 
 
 ANIMALS. , V Qfio -^ni 
 
 Liability of owners of, for damage done by, 30... 304. 
 
 Cruelty to.— See Cruelty to Animals. 
 ANIMALS AT LARGE.-See Pound-keeper. 
 ANTICIPATORY APPROPRIATIONS. 
 
 May be made, 183. • 
 
 Of what funds, 183. 
 
 statements in By-laws for, !»*• „, 
 
 By Senior Municipality for relief of Junior, 18o. 
 
CIS 
 
 INDEX. 
 
 APPEALS FROM ASSESSMENT.— 5<!e Rkvisidn, Court of. 
 
 APPOINTMENT. 
 
 Of Members of Municipal Council on failure of election, 88, 80. 
 Difference between, and election, 89. 
 
 APPORTIONMENT OP COUNTY RATES.-5w County Rates. 
 APPRENTICES. 
 
 By-laws to prevent giving drink to, 221. ' 
 APRONS AND SLIDES.— 5ee Mill-Dams. 
 ARBITRATION. 
 
 Corporations may refer disputes to, 296. 
 
 Summary jurisdiction only when «' directed by this Act," 290. 
 
 Arbitrators, mode of appointing, and notice of, 296, 298. 
 
 Heads of Councils may appoint, for Municipality, 299. 
 Third to bo chosen, 296. 
 Difference between, and umpire, 296. 
 In case of neglect to appoint, 290. 
 To be sworn, 299. * 
 
 Form of oath, 300. 
 Between property-owners and Municipalities in regard to roads, drains, 
 &c., 297. 
 . Difference where one par'ty is a private individual, 297. 
 Form of mandamus on head of Council to appoint, 297. 
 If owner fails to name arbitrator, 297. 
 Time for appointing third arbitrator, 298. 
 County Judge to appoint, in certain cases, 298, 
 Where several persons interested in same property, 299 
 Notice of meetings should be given, 299. 
 Notes of evidence to be taken and filed in certain cases, 300. 
 
 Sufficiency of award in default of, 301. 
 Award, when must be adopted by by-law, 800. 
 
 To be made by at least two arbitrators, 301. 
 Subject to jurisdiction of Superior Courts, 301. 
 
 Court to look at merits as well as legality of award, 302. 
 Other enactments as to making award rule of Court, 301. 
 Action on, remedy by, 801. 
 
 ARBITRATORS.— 5ee Arbiteation. 
 ARMS — Unlawfully having or using 
 
 ARREARS OF TAXES. 
 
 How to be recovered in general, 418. 
 
 In Cities and Towns, 445. 
 What liable for, 418. 
 Eight per cent, to be added yearly, 425. 
 On separation of United Municipalities, 441. 
 On formation of new Municipality, 442. 
 All arrears to form one charge on land, 442. 
 And see Assessment {OoUection of Taxes). 
 
 ASSENT OF ELECTORS— S'ef; By-Laws. 
 
 S.e UNtAWFCL Training. 
 
INDEX. 
 
 019 
 
 ASSESSMENT. 
 
 Definition of words used in Act, 352, 363. 
 
 Difficulty of making proper valuation, 870. 
 
 To be made equally upon all ratable property, 85 1. 
 
 By-laws infringing ru'e set aside, 354. 
 All property liable to, with certain exceptions, 355. 
 Personal property of non-residents, not liable, and reason, 376, 377. 
 Incombs, whether there is abatement from, for debts due, 387. 
 For year preceding dissolution of United Counties, 48. 
 No defence for taxes that assessment excessive, 370. 
 No appeal from, necessary, if property exempt, 355. 
 Equalization of valuation in different Municipalities for County rates, 305. 
 Yearly taxes to be computed from 1st January, 363. 
 
 Unless otherwise ordered, 363. 
 Imposition of rate a preliminary to enforcing taxes, 364. 
 Taxes to bo a first lien on lands, 414. 
 
 Effect of provision upon purchasers, 414. 
 Exemptions from. See Exemptions. 
 Statute labour. See Statute Labour. 
 Appeals from. See Court of Revision. 
 
 Hates and taxes, how calculated 
 
 To be so much in the doUai of rotual value, 360, 3Gl. 
 Mandamus refused to decide proper principle of valuation, 361. 
 As to existing debentures, 361. 
 Kate for Sinking Fund. 361. 
 
 Hate for debt to Consolidated Municipal Loan Fund, 3GI. 
 Estimates to be made yearly, 362. 
 Dy-law for raising money to meet, 363. 
 If amount collected falls short, 363. 
 How deficiency made up, 363, 
 Exceeds estimates, appropriation of balance, 363. 
 
 IIoiD proceeded with. 
 
 Assessors to be appointed, and their duties. See Assessors. 
 Roll to be prepared and contents of. See Assessment Roll. 
 Land to be assessed in place where it lies, 367. 
 Personal property of one person in different Municipalities, 307. 
 Land occupied by owner to be assessed in his name, 367. 
 
 Not so occupied, but owner known, 368. 
 Against owners and occupants, 368. 
 Mistake in names, 369. 
 Who liable for taxes, 369, 408. 
 
 As between landlord and tenant, 369. 
 Occupation by more owners than one, 369. 
 Property to be estimated at full value, 370. 
 Vacant land, what to be deemed, in cities, 371. 
 Different classes of, 371. 
 Not held for sale, but for gardens, 371. 
 Building lots unsold, 371. 
 
 Of lands of Railway Companies. See Railway Companies. 
 As to non-residents, see Non-Residemts. 
 
 Manner of assessing. 
 Personal property : 
 Scale for, 374. 
 
(;20 
 
 INDEX. 
 
 
 ASSESSMENT— (fo«///)«f(/). 
 
 Persona deriviag income from trule, 374. 
 Of corporate Company, 875. 
 
 Proviso as to certain Companies, 375. 
 Of partnerships, 876. 
 
 Steamboat assessable unrler this, 375, 370. 
 
 Having more than one place of business, 370. 
 Where parties carrying on business to be assesscJ, 37C. 
 If party has two or more places of business, 87)i. 
 If party has no place of business, then at residence, 370, 377. 
 Property in general : 
 
 Trustees for trust prorerty. See Tbustekb. 
 
 Particulars respecting real property to be given to assessor, 378. 
 
 Further information may be demanded, 378. 
 
 Statements not binding on, nor to excuse assessor, 378. 
 
 Penalty for not giving or giving false statement, 379. 
 Assessors to give notice of assessment and value to parties, 379. 
 
 Object of and eflfeot of neglect of this, 379. 
 
 Collection of Taxes, 
 
 Provincial taxes to be collected in same way as local, 404. 
 Clerk of Municipality to make out roll, 403. 
 
 To give roll to collector before 1st October, 405. 
 Demand of taxes, condition precedent to distress, 400, 407. 
 Who liable to pay, 369, 408. 
 What goods may be seized for, and where, 408. 
 
 Sale of goods. See Coliectob. 
 Proceedings if any taxes returned a? unpaid, 413. 
 County Treasurer to give local Clerks list of lands, 415. 
 When taxes shall be deemed to have accrued, 416. 
 Local Clerks to keep list for inspection, 416. 
 
 And give copies to assessors, 416. 
 Assessors to notify officers and enter same, 410. 
 To sign lists and return to clerks, 416. 
 Form of certificate by, 417. 
 List to be evidence, 417. 
 
 As to Toyrns ond Cities withdrawn from Counties, 417. 
 Local Clerks to certify lands that have become occupied, 417. 
 
 County Treasurer to certify arrears of taxes due thereon, 418. 
 
 Clerk to insert amount in collector's roll, 418. 
 
 How arrears to be collected, 418. 
 If not sufficient distress on land, statement to be sent to locvl Trc:i 
 
 surer, 419. 
 Statement to be sent by local to County Treasurer, and when, 419. 
 Penalty on local Clerks neglecting duties, 420. 
 After return of roll to Treasurer, local Clerk not to receive taxes, 421. 
 Collection of arrears belongs to County Treasurer, 421. 
 
 In Cities and Towns, 445. 
 
 And see Arbeabs of Taxes. 
 Payments, how to be made, 422. 
 Treasurer to give statement of arrears, 422. 
 Entry in books of land on which arrears due, 423. 
 Books to be made up yearly, and how, 423. 
 
 How far evidence, 423. 
 
INDEX. 
 
 021 
 
 ). 
 
 ASSESSMENT-(con^H(/?^/). 
 
 Whero any liind found not to have beon assessed, 423. 
 How land shall be valued, 424. 
 Appeal from valuation, 424. * 
 
 Treasurer to correct errors, 424. 
 
 Whether mandamus will lie, 424. 
 As to protended receipts, 424. 
 Eight per cent, to be added to arrears yearly, 425. 
 Go unpatented lands. See Crown Lands. 
 Sale of land for taxes. See S.ile of Land fob Taxes. 
 County Council may extend time for payment of taxes, 427. 
 New Municipalities partly in one and partly in another County, 442. 
 Treasurer to keep triplicate receipt books for taxes, 445. 
 Use and disposal thereof, 445. 
 Auditors to be appointed, 440. 
 Non-Resident Land Fund established, 440, 441, 443. 
 Apportionment of arrears on dissolution of Union of Counties, 441. 
 All arrears to form one charge on land, 442. 
 Deficiencies in certain taxes to be supplied, 442. 
 As to non-residents. See Non-Residents, 
 Return of roll. See Collectors. 
 Collectors and their diities. See Collbctops. 
 Respecting officers engaged in. See Officers. 
 Act to impose tax on dogs. See Doo Tax. 
 
 ASSESSMENT ACT. 
 
 Commencement and title of, 4C?. 
 
 ASSESSMENT DISTRICTS. 
 
 Municipality may be divided into, 364. 
 
 ASSESSMENT ROLL. 
 
 Foundation of proceeding as to elections and taxtitiou, 3G4. 
 
 Necessity for care in making, 365. 
 
 To be final as to rating of electors, 61, 62. 
 
 Mistake in, as to names and mode of entering, 54, 61. 
 
 To distinguish between freeholders and householders, 124. 
 
 No provision for punishment for stealing, &c., 183. 
 
 To be prepared by Assessor, 361. 
 
 Wliat facts to be stated in, 365, 366, 367. 
 
 Form of, 459. 
 
 When to be completed, and how certified, 379, 380. 
 
 Form of certificate, 380. 
 To be handed to Clerk of Municipality, and why, 880. 
 To be open for inspection, 381. 
 
 When, only, may be altered, 385. And see Revision, Court of. 
 Final as passed by Court of Revision, 388. 
 
 Except when appeal made to County Judge, 388. 
 
 Not where assessment wholly illegal, 388. 
 
 Not in certain cases of gross error, 389. 
 When finally settled by Co. Judge, to be transmitted to County Clerk, 305. 
 See Assessment — Assessors — Revision, Court of. 
 
 / SSESSORS. 
 
 To be appointed for Cities, Towns, Townships and Villages, 123, 364. 
 May be appointed to specified assessment districts, 364. 
 
622 
 
 INDEX. 
 
 i 
 
 ASSESSORS— (eoniinued.) 
 
 Quo warranto to fry validity of appointment, 123 
 To have same property qualification as councillors or alderme n 1 24 
 Not to be member of Council, 123. umBrmen, i.i. 
 
 Same person may be, in more wards than one, 124 
 Great responsibility on, 124. 
 Refusal to accept office, penalty for, 131, 366. 
 
 Payment of penalty no excuse, 131. 
 
 i^oes not forfeit office, 131. 
 P'Hies of: 
 
 Not bound to enquire into trusts, 364, 367 
 
 To make diligent inquiry as to the information necessary, 365. 
 
 To set down results, 365. 
 Mode of procedure in making assessments. See Assessment- 
 Assessment Roll. 
 As to non-iesident lands. See No.n-Residents. 
 Notifying parties of liability of sale of land for taxes, 416 
 Penalty on default, 420. 
 Other assessors may act for those in default 4 18 
 1 enalty for non-performance of duties, 447.' 
 
 Object and scope of this provision, 447. 
 For making fraudulent assessments, 448. 
 What to be deemed evidence of, 449. 
 Assessors liable to greatest punishment, 450. 
 tor not making and completing rolls in proper time, 450 
 ASSETS. 
 
 Meaning of v7ord, and how used, 45. 
 AUCTIONEERS. 
 
 By-laws for licensing, 224. 
 AUDITORS. 
 
 Two to be appointed by each Council, l?r, 
 
 Disqualification, 125. 
 
 Declaration of office by, 129, 130 
 
 Duties of, 125, i26. 
 
 Right of rate-payer to inspect report by, 1 26. 
 
 Report and statement by, to be published, 126. 
 
 Audit of -noneys paid by County Treasurer, l27. 
 
 lo examine receipts of taxes by Treasurer, 446. 
 AWARD.— See Arbitration. 
 B. TLABLE PROCESS. 
 
 Effect of reparation of Counties on„ 42. 
 BALLOT. 
 
 To determine order of retiring of Aldermen, 68. 
 BANKER. 
 
 Municipal Councils not to act as, 161. 
 BATHINa IN PUBLIC PLACES. 
 
 By-law for preventing or regulating, 223, 2ii2 
 When indictable at Common Law, 223. 
 
INDEX. 
 
 623 
 
 BEANS. 
 
 Standard weight of, 482. • 
 
 BEES. 
 
 Exempt from Beizure in certain cases, 594. 
 
 BIRDS. 
 
 Act for protection of certain, 593. 
 Certain birds preserved, 593. 
 Not to apply to poultry, 593. 
 Penalty for contravening Act, 593. 
 Unlawfully possessed, may be seized, 594. 
 Killing for scientific purposes excepted, 394. 
 Conviction not void for want of form, 594. 
 Not to affect game laws, 694. » 
 
 BILLIARD TABLES. 
 
 By-law to license keepers of, 203. 
 
 BLUE GRASS SEED. 
 
 Standard weight of, 482. 
 BOARD OF HEALTH.— /See Public Health. 
 BOARD OF POLICE.— 5ee Police Commissionees. 
 
 BOOMS ON RIVERS. 
 Protection of, 287. 
 
 BOUNDARIES. 
 
 Councils may adopt resolutions for placing monuments, 205. 
 Upon application of certain landholders, 205. 
 May apply to Governor for a survey under C, S. C, c. 93, 20j 
 Defective application— survey illegal, 205. 
 Surveyor proceeding otherwise than directed— survey illegal, JUO, 
 Expenses of, provi. "id for, 206. 
 
 BOUNDARY. 
 
 Of townships, on rivers and lakes, 550. 
 BOUNDARY LINES OR ROADS.— Sec Counties— Townships. 
 
 BOWLING ALLEYS. 
 
 By-laws for preventing or regulating, 222. • 
 
 BRITISH SUBJECT. 
 Meaning of, Gl. 
 
 BRUCE, COUNTY OF. 
 
 To consist of certain Townships.. &c., 546. 
 
 BUCKWHEAT. 
 
 Standard weight of, 482. 
 
 BY-LAWS. 
 
 Existing at passing of Act, continued, 28. • 
 
 When not to be repealed, and why, 28. , , no «n 
 
 Application of, when limits of Municipality extended, J8, Z'J. 
 
cm 
 
 INDEX. 
 
 BY-LAWS— {conihwed). 
 
 , How affected by separation of Counties or Townships, 44. 
 Corporations must act by, 135, 136. 
 Powers of Councils to make, 135, 136. 
 Rules of construction, 136. 
 Must not bo inconsistent with Act, 136, 137. 
 And not contrary to law of the land, 136, 137. 
 When may not be repealed, 139. 
 How authenticated, 139. 
 Refusal of head of Council to sign and seal, 139. 
 
 Action for, will not lie, 139. 
 Certified copies to be evidence, 140, 146. 
 
 Except in case of forgery, 140. 
 Opposition to, by ratepayers, 140. 
 
 What objections may be raised, 140, 141. 
 When Council shall not pass, 141. 
 Proceedings where consent of electors required, 141. 
 Time and place of voting to be fixed by By-law, 141. 
 
 Case where rule deviated from, 141. 
 Proposed By-law to be published, and how, 142. 
 Together with a notice, 143. 
 Form of n^^tice, 143. 
 Poll to be opened, and how conducted, 143. 
 Poll-book to be verified and returned to Clerk, 143. 
 Clerk to sum up and declare result, 143. 
 
 What ratepayers only to vote on By-law for incur) ing debt, 144. 
 Must make oath, 144. 
 Form of oath, 144. 
 When requiring assent cf Governor. 145. 
 
 Facts and evidence necessary, 145. 
 Applications to quash, 145. 
 
 Applicant should state that he is a resident, 145. 
 Must bo interested, and how far, 145. 
 When confirmed by promulgation, 150. 
 To be made to Queen's Bench or Common Pleas, 140. 
 
 Not in Practice Court, 146. 
 Certified copy of By-laws to be produced, 140. 
 And affidavit, 147. 
 
 Entitling, and jurats to, 147. 
 Irregularities as to these considered, 140, 147. 
 Rule to be served on Corporation, and when, 147. 
 On return of rule, by-law may be quashed, or not, 147. 
 Within what time to be made, 149, 150. 
 
 Powers and practice of Courts as to quashing considorcil, 148, 149. 
 As to costs, 149. 
 
 If not moved against within certain time, valid, 153. 
 Effect of neglect to apply to quash, 153. 
 Confirmation by promulgation, 160. 
 
 Effect and advantage of, in certain cases, 150. 
 What shall be such promulgation in general, 150, 151. 
 If By-law imposes rate, 160, 151. 
 Form of notice for publication, 151. 
 
 Of notice setting forth the rate, &c , 151. 
 Effect of promulgation and lapse of time ia moving against 
 as to validity of, 150, 151, 153. 
 Where Council exceeds its powers in the By-law, 16'). 
 
INDEX. 
 
 625 
 
 BY-LAWS— (corJmuecO' 
 
 Liabilit; of Corporation for acts done under illegal By-law. See CoE- 
 
 FORATiON, Municipal. 
 Offences against By-Laws, 156. 
 
 Certain offences by officers misdemeanors, 166. 
 Object of the proYision, 156. 
 
 Jurisdiction of Magistrate to try, 166. ' 
 
 Evidence admissabie, 157. 
 
 Penalty and costs, and bow levied, 157. t 
 
 Commitment in default of distress, 167. 
 Fines, how applied, 157. ' 
 
 In case of informers, 157. 
 Convicdons under By-laws. — See Sdhmart Comviotion. 
 Mayor may call out posse in aid of law, 318. 
 For purchase of Public Works. — /See Publio Works. 
 By-lnws to create debts : 
 
 Councils authorized to makoy 169. 
 For payment of what debts and purposes, 169. 
 Time of, for taking effect .o be named, 170. 
 When debt to be redeemed, 170. 
 If for gas or water works, 170. 
 Shall settle equal special rate per annum, 170. 
 To be sufficient in amount, 171. 
 Irrespective of future increase of property, 171. 
 Or income, interest or dividend, 171. 
 Recitals in, 171. 
 
 What facts or statements should appear in, 171, 172. 
 Require assent of electors, 174. 
 
 With certain exceptions, 174. 
 By County Councils, to a certain amount, 174. 
 
 To be passed with certain formalities, 174, 176. 
 Form of notice for publication, 176. 
 Form of in general, 172. 
 When repealable pre <an<o, 180. 
 
 Otherwise not tal debt paid, 181. 
 To reduce special rate. — oec Special Ratb. 
 
 To make anticipatory appropriations. — See Anticipatory Appropria- 
 tions. 
 For raising money by rate required on yearly estimates, 363. 
 Need not set forth estimates on which founded, 862. 
 Respecting Roads and Bridges. — See Roads, ftc. 
 Respecting Municipal Loan Fund. — See Gonsol. Municipal Loan Fund. 
 Registration of.— 5ee Dbbkntures. 
 Summary Convictions under. — See Summary Convictions. 
 
 May be passed for various other purposes, by :— 
 1. All Municipal ^Corporations— 
 
 For creati;.g debts, 169. 
 For purchasing public works, 176. 
 For anticipatory appropriations, 188. 
 For investment of moneys, 212. 
 
 For taking stock, &o , in railway companies. — Sea Railway 
 Companies. 
 
626 
 
 INDEX. 
 
 UY-LAVfS— {continued). 
 
 2. All except Provisidnal Corporations. 
 
 For acquiring, maintaining, and disposing of property, 187. 
 
 For appointing certain officers, 188. 
 
 For aiding agricultural and other societies, 189. 
 
 For taking a census, 190. 
 
 For inflicting fines and penalties, and enforcing same, 100, 191. 
 
 3. Totenships, Cities, Towns, and Incorporated Villages. 
 
 For preservation of public health, 191. 
 
 For regulating issue of shop and tavern licenses, 102. 
 
 For prohibiting sale of spirituous liquors, 195. 
 
 For appointment of license inspectors, 202. 
 
 For licensing and regulating billiard tables, 203. 
 
 For limiting and regulating victualling & refreshment houses, 203. 
 
 For acquiring lands for schools, 207. 
 
 For establishing cemeteries, and selling portions thereof, 207. 
 
 For preventing violation of cemeteries and graves, 209. 
 
 For preventing cruelty to animals, 207. 
 
 For imposing tax on, and for killing dogs, 208. 
 
 For settling height of fences, 208. 
 
 For regulating division fences, 208. 
 
 For destruction of weeds, 208. 
 
 For licensing public shows, 208. 
 
 For preventing injury to trees, &c., 209. 
 
 For preventing pulling down or defacing sign-boards or notices, 203. 
 
 For dividing into electoral divisions, 215. 
 
 For providing pounds, and as to animals running at large, 803. 
 
 4. Townships and Counties. 
 
 For remuneration to Councillors, 210, 211. 
 
 5. Counties. 
 
 For erection of County buildings, 335. 
 For apportionment of County rates, 899. 
 For extending time for payment of taxes, 427. 
 For purchase of seed to sow lands, 587. 
 G. Townships. 
 
 For relief of poor, 215. 
 
 For preventing obstructions in streams, &c., 215. 
 
 For providing and paying for drainage, 217. 
 
 7. Counties, Cities and Towns. 
 
 For appointing inspectors of weights and measures, 220. 
 
 For preventing giving of drink to children, &c., 221. 
 
 For preventing posting indecent placards, &c., on walls, &<i., 222. 
 
 For preventing vice, drunkenness, &c., in public places, 222. 
 
 For suppressing disorderly houses, 222. 
 
 For preventing horse-racing, 222. 
 
 Fur preventing or regulating places of amusement, 222. 
 
 For suppressing gambling, 223. 
 
 For restraining and punishing vagrants, (to., 223, 840. 
 
 For preventing indecent exhibitions, 223. 
 
 For preventing or regulating bathing in public places, 223. 
 
INDEX. 
 
 m 
 
 
 03. 
 
 222. 
 
 BY-LAWS— (con<m«e<0- 
 
 8. Counties, Cities and Towns separated from Counties. 
 
 For appointing Engineers, Inspectors, Surgeons, 224. 
 
 For licensing, Ac, Auctioneers, 224. 
 
 For licensing, (fee. Hawkers and Peddlers, 224. 
 
 For regulating Ferries, 224. 
 
 For purchase of land for Grammar Schools, 224. 
 
 For aiding Grammat Schools, 225. 
 
 For paying expenses of Grammar School pupils at Universi- 
 ties, 226. 
 
 For paying expenses of Common School pupils at Grammar 
 Schools, 226. 
 
 For endowing Fellowships, Scholarships, <fec., 226. 
 
 9. Cities, Towns and Incorporated Villages. 
 
 For regulating the encumbering or fouling of Wharves, Drains, 
 
 Harbours, Ac, 228. 
 For removal of Door-steps or other obstructions, 228. 
 For making, improving and maintaining Wharves, Harbours, 
 
 &c., 228. 
 For regulating Harbours, Beacons, Harbour Due8,.&c , 228. 
 • For supplying Water, 229. 
 
 For establishing and regulating Markets, and the fair selling or 
 
 Produce, Fuel, Provisions, &c., 229, 230, 231. 
 For regulating and abating nuisances and injurious practices, 
 
 232, 233. 
 For preserving Public Health, 233. 
 For regulating interments and bills of mortality, 233. 
 For licensing cabs, &c., 233. 
 For care of gunpowder, 234. 
 
 For protection against and suppresfion of fires, 234, 235. 
 Establishing fire companies, 234. 
 
 Medals and rewards for services at fires, 234. 
 Fire in stables, &c., 234. 
 Dangerous manufactories, 234. 
 Stoves, chimnies, &c., and cleaning of, 234. 
 Removal of ashes, 234. 
 Party walls, 234. 
 Ladders to houses, 234. 
 Buildings and yards, 234. 
 Fire buckets, 234. 
 Inspection of premises, 234, 
 Preventing spreading of fire, 234. 
 Enforcing assistance at, 234. 
 For aiding widows and orphans of persons killed at, 234. 
 For removal of snow, ice and dirt, 235. 
 For numbering houses and lots, 235. 
 For purposes of drainage, 236, 237. 
 For licensing transient traders, 238. 
 10. Cities and Towns. 
 
 For licensing and registering intelligence offices, 238. 
 For regulating erection of wooden buildings, 239. 
 For establishing, &c., a police, 239. 
 
B^ 
 
 628 
 
 IJJDEX. 
 
 BY-LAyiS— (continued). 
 
 For acquiring land, &c., for industrial farm or park, 239, 
 For regulating and ^tiding charitable institutions, 240. 
 For appointing corporation surveyor, 240. 
 For gas and water purposes, 241. 
 
 11. Cities. 
 
 For ascertaining and assessing property to be benefitted by lecu,: 
 improvements, 243. 
 
 12. Townshipa, Towns and Incorporated Villages, 
 
 Respecting statate labour, 263. 
 BREAD. 
 
 By-laws regulating sale of, 231. 
 
 BRIDGiiS.— /S«e Roads, &o. 
 
 BRIDGE COMPANIES.— iSee Joint Stock Road Companies. 
 
 BUCKWHEAT. 
 
 Standard weight of, 482. 
 
 BUILDING LOTS. 
 
 How rated, if unsold, 371. 
 
 BUTCHERS. 
 
 No provision for licenBlng, 233, 234. 
 
 BUTCHER'S MEAT. 
 
 By-laws regulating sale of, 230, 231, 232. 
 
 
 CABS. 
 
 By-laws for licensing, 233. 
 
 CANADA THISTLES.— fi'w Thistles. 
 
 CANDIDATES— Qualification and disqualification of. See Cocnoils, Mdnicipa:. 
 
 CARLETON, COUNTY OF. 
 
 To consist of certain Townships, &c., 540. 
 
 CASTOR BEANS. 
 
 Standard weight of, 482. 
 
 CEMETERIES. 
 
 By-laws for establishing, 207. 
 For selling portions for vaults, 207. 
 For protecting, 209. 
 
 CENSUS. 
 
 Of Town or incorporated Village, may be taken, how and when, 25. 
 By-law may be passed for taking, 190. 
 
 CENTRAL BOARD OF HEALTH. 
 
 Appointment of, 476. 
 CERTIFICATES— Of election of Reeves, Mayor, &c. Sse Mator, Reeves, &c 
 
INDEX. 
 
 629 
 
 
 .vr. 
 
 &c 
 
 CHAMBERLAIN. 
 
 To be appointed by City Council, 120. 
 
 As to duties, liabilities of, &c. Sfe Trsasurer. 
 
 Responsibility and sureties of. See Offiobrs. 
 
 CHARITABLE INSTITUTIONS. 
 
 By-laws for establishing and aiding, 240. 
 
 CHATTELS. 
 
 Certain fixtures are, so as to be liable for taxes, 408. 
 
 CHIEF CONSTABLE. 
 
 One to bo appointed for City or Town, 330. 
 See Constable. 
 
 OiSIKF OF POLICE,— Sec CuiEF Constable. 
 
 CHILDREN. 
 
 By-laws to prevent giving drink to, 221. 
 
 •CITIES. 
 
 Certain Cities to be separate from Counties for municipal purposes, 549. 
 Erection of Towns into. See Towns. 
 Wards, new divisions of, 27. 
 
 By-laws for dividing wards into electoral divisions, 215. 
 Extension of, 27. 
 
 Separation from Counties— Cities to be Counties for certain purposes, 314. 
 Liberties and outer wards in, abolished, 28. 
 Head and members of Councils of.— See Codncils, Municipal— Matobs. 
 
 Mayor to be head, and how elected, 49, 80. 
 
 Three aldermen for each ward, and when, 49, 67. 
 
 One to retire and another to be elected annually, 67. 
 
 To be magistrates for cities, 315. 
 Council of, to provide moneys required by police commissioners, 834. 
 
 Mandamus, on default, 334. 
 Local Improvements. — See Local Impbovembnts. 
 Rights and liabilities respecting roads.- See Roads, &c. 
 Arrears of Taxes.— See Abbeabs of Taxes. 
 See Councils, Municipal— Cobpobations, Municipal. 
 
 CITY CLERK. 
 
 To make return to Provincial Secretary, 120. 
 f LERGY RESERVE MONEYS.— See Upper Canada Municipalities Fund. 
 
 CLERK OF THE COUNTY COURT. 
 
 To be appointed for junior CoujCju, 39. 
 
 CLERKS OF COUNCILS. 
 
 To be appointed by Council, 116. 
 Appointment to continue until removed, 116. 
 To preside at first meetings, 110, HI. 
 Duties of in general, 116. 
 
 To furnish copies of minutes, &c., 117. 
 
 To transmit yearly return of rate-payers to Receiver-General, 117. 
 Oath of verification, 117. 
 
 Penalty for default, 118. 
 
030 
 
 INDEX. 
 
 i ! 
 
 CLERKS OP MUNICIPALITIES. 
 
 Duties under Assessment Act. See Assessment. ^ . , .. „ 
 Penalty on, for not performing, .or improperly perfo:ming duties. b>"! 
 Officers. 
 
 CLERKS OP LOCAL MUNICIPALITIES. 
 
 To make yearly return to County Clerk, 118. 
 
 What such returns shall show, 118. 
 CLERKS OP TOWNSHIPS.—- See Township Clekk. 
 
 •CLERK OF THE PEACE. 
 
 To be appointed for junior County, 39. 
 Fees for preparing jury books, 128. 
 
 COLLECTION OF TAXES.— 5ee Asssessment. 
 
 COLLECTORS. 
 
 To be appointed for Cities, Towns, Townships, and Villages, 1-3, oC4. 
 May be, for certain specified districts, 304 
 Quo ivarranto, to try validity of appointment, 123.^ 
 To have same property qualification as Aldermen or Councillors, l-i 
 Not to be members of Council, 123. ^ 
 
 Same person may be collector in more wards than one, 1-4. 
 Of Provisional County, 124. ^ 
 
 Moneys, how to be disposed of, 125. 
 ' Refusal to accept office — 
 
 Penalty for, 131. 
 
 Payment of penalty no excuse, 131. 
 Does not work forfeiture of olfice, 131. 
 Receiving moneys, not having roll, 405. 
 Duties of— 
 
 To demand payment of taxes, 406. 
 
 What he may accept as payment, 40G. 
 Application of money, when several years taxes duo, 40G. 
 To post demand to non-residents, 407. _^ 
 If payment not made, may levy for, 407. 
 Bailiff or agent may levy for^coUector, 407. 
 Form of warrant to, 407. 
 Liability for acts of, 408. 
 Rate of costs for, 408. 
 Distress on non-resident lands, 409, 425. 
 
 Duties and liabilities under, 425. 
 Sales by— 
 
 To give notice of, and how, 409. 
 
 To attend at, and sell sufficient, 409. 
 
 EfiFect of error in advertisement, 409. 
 
 Right to sue and be sued by purchasers, 409. 
 
 Surplus from, if any, how disposed of, 410. 
 
 When discharged, as to rival claims to, 410. 
 To return roll and pay over moneys on day appointed, 412. 
 Time for return may be enlarged, 413. 
 Powers of collector after day appointed, 413. 
 Another person may be employed to continue collection, 41 o. 
 When his authority ceases, 412. 
 
 If any taxes remain unpaid, account thereof to be given, 41d. 
 When collector to be credited with amount, 413. 
 
 
INDEX. 
 
 631 
 
 
 COLLECTORS— (con^mwerf). 
 To give security, 446. 
 
 Bond and requisites, 446. 
 Penalty for fraud in duties, 448. 
 
 Compelling to pay over moneya to Treasurer, and necessity of prompt 
 payment, 461. 
 Warrant of Treasurer to sheriff, or high-bailiff, 451. 
 Sheriff, &c., to execute warrant and pay over moneys, 452. 
 
 Proceedings against Sheriff on default. See Sheeifp. 
 See Assessment — Collbotob'b Boiii. 
 
 COLLECTORS' ROLL. 
 
 Clerk of Municipality to make out, 403. 
 Form and contents of, 404, 
 To be given to Collector before Ist October, 406. 
 Irregularity in certificate of Clerk, 406. 
 Roll of non-resident land tax, 405, 
 
 Entries and certificates, 405, 406. 
 Copy of, to be primA facie evidence of amount due, 411. 
 When to be returned, 412, 418. 
 
 COMMENCEMENT OP MUNICIPAL ACT, 846. 
 COMMENCEMENT OF ASSESSMENT ACT, 458. ' 
 
 COMMISSIONS OF ENQUIRY. 
 
 Into finances of Municipalities, 185. 
 Decisions as to proceedings by, 186. 
 Expenses of, provided -for, 186. 
 COMMISSIONER OF CROWN LANDS. 
 
 To send yearly list of lands granted by Crown, 414. 
 
 COMMISSIONER FOR TAKING AFFIDAVITS. 
 
 Is an " oflacer" of United Counties, 40. 
 COMMON SCHOOLS.— /S«e Grammar Schools. 
 COMMUTATION.— 5e« Statotb Labocb. . 
 
 COMPENSATION FOR LANDS. 
 
 See Roads, &c., 259, Road Aliowances, 273. 
 COMPUTATION OF TIME, 72, 88, 248, 887, 437. 
 CONFIRMING AND SAVING CLAUSES, 344, 345. 
 CONSOLIDATED MUNICIPAL LOAN FUND. 
 
 Bate for paying debts to, 861. 
 
 Municipal Loan Funds established, and how kept, 491. 
 Debentures to issue, on credit of, 492. „.„„„„, 402 
 
 Municipalities may raise money on, for certain purposes, 492. 
 By-laws for, are to declare purposes, 49a. 
 
 What may provide, 498. 
 
 If passed by County Council, 493. 
 
 Publication before passing, 494. 
 
 Proof of, 497. 
 
632 
 
 INDEX. 
 
 CONSOLIDATED MUNICIPAL LOAN FUifT)— (continued). 
 To bo sanotioned by electors at meeting, 491. 
 
 Proceedings at meeting, 494, 495. 
 If by-law disapproved of, 496. 
 
 As to how decisions of Municipalities to be arrived at, 49G. 
 To be submitted to Governor. 496. 
 Recitals and effect thereof, 496, 497. 
 When and how repealed or amended, 497. 
 When approved, Keceiver-Qeneral may raise by loan, &c., umicr 
 debentures, 497. 
 Debentures to be debited to Municipality, 498. 
 When to be made payable, 498. 
 Form and requirements of 498. 
 May be exchanged, 499. 
 Within Free Banking Acts, 499. 
 Any moneys may be invested in, 499. 
 Building fund may be applied in aid of, 499. 
 What account to kept, 600. 
 Notice to Treasurers of amount to be paid, 600. 
 Eight per cent, per annum to be paid, 500. 
 When coupons receivable as money, 500. 
 Sinking Fund and management of, 601. 
 
 How to be credited and debited to Municipalities, 601. 
 When applicable to payment of interest, 601. 
 Receiver-General may dispose of securities, 601. 
 Rate for — Treasurer's duty as to, 601. 
 How apportioned, 602. 
 Clerks to make out collectors rolls, 502. 
 If any funds in Treasurer's hands, 602. 
 Profits accruing for use of moneys, 502. 
 Excessive amount raised — Disposal of surplus, 603. 
 Deficiency provided for, 603. 
 When additional rate may be imposed, 604. 
 Duties and liabilities of Collectors and Sureties, 604. 
 Integrity of funds received from any source, 503. 
 Interest on arrears, 604. 
 
 Deficiency in funds — Treasprer to certify to Receiver General, 504. 
 Receiver-General to certify to Governor, 505. 
 Further rate may be then levied, 506. 
 Less may be divided, and when, 606. 
 Sheriff's duties, 605. 
 Governor may issue warrant against effects of Municipality, 50-3 
 
 What may not be sold under, 605. 
 Share of Clergy Reserve fund may be withheld, 506. 
 Separation of United Counties provided for, 606. 
 Restrictions as to future loans, 606. 
 
 By-laws for railways, navigable rivers, and County buildings within 
 Act, 606. 
 To be laid before Governor, 607. 
 Effect of Governor's approval, 507. 
 Disposal of debentures, 608. 
 To whom moneys to be paid, 608. 
 Separation of United Counties provided for, 608. 
 Informality in By-laws not to vitiate, 609. 
 
 
 ^ 
 
INDEX. 
 
 683 
 
 
 CONSOLIDATED MUNICIPAL LOAN FUND-(con<iMUfrf). 
 
 Loans before this Act not covered thereby, 609. 
 
 Debentures on, boforo this Act, valid, 609. 
 
 Interpretation cUase, 610. 
 
 No further loan to be raised on, except in certain cnses, 510. 
 
 Yearly rate to be paid by Municipalities which have raised money under.d 1 1 
 
 Amount of, 511. ,..10 
 
 To be first charge on fund of Municipality, 51 i. 
 
 Instead of payments required by other Acts, 512. 
 Municipality may pay a larger sum in any year, 612. 
 Interest to be charged at C per cent, 612. ^ 
 
 Special rate in 1859, and how levied, and application oj- »'^' °^"*- 
 Penalty on Municipal oflBoers not complying with Act, 51-, 016. 
 Lower rate may be allowed in certain cases, 613. 
 Seignorial Amendment Act of 1859, and provisions of, 614. 
 Keceiver-General may retain moneys due Province, 6I0. 
 Act not to legalize invalid debentures, 615. ' « ri- 
 
 Seigniorial Tenure Act, and payments under, 515, 616, 51/. 
 Interpretation of certain words, 516. 
 
 CONSTABLE. 
 
 Is an officer of great antiquity, 829. 
 Rights and duties of, 329. ■, , oon 
 
 Number and appointment of, for cities and towns, ddi). 
 Rights of, to arrest not within view, 330. 
 
 On suspicion of felony, 331. 
 Private person may assist, 331. 
 Suspension of — , , j o 1 
 
 Until Board of Police organized. Mayor may suspend, dal. 
 
 Salary may be withheld during, 332. 
 Board of Police to have appointment, Ac, of, 833. 
 
 To make regulations as to Policemen, 333. 334. 
 Council to provide for and pay remuneration and expenses of, 6ii. 
 See Police Commissioners. 
 
 CONTEMPT OF COURT. 
 
 In contested elections, how punished, 472. 
 
 CONTESTED ELECTIONS. ,. ,. ^ , . 
 
 Trial of right of a municipality to a reeve, &c.. or the validity of election 
 or appointment, 90, 109. 
 Former mode of procedure, 90, 91. 
 
 Relator, who may be, 91, 99. 
 If nn elector, 91. 
 
 If a candidate, 91. ^^ „(. 
 
 Decision* as to interest, rights and position of, 91, 92, »a. 
 
 Proceedings for trial of— 
 
 Application for writ to try, 92. ,„„..^„ 09 
 
 Time for, limited to six weeks after election, 92. 
 Security and proof required, 93, 94. 
 Practice as to, and what should be shewn on, 91, 92, 93. 
 
034 
 
 INDEX. 
 
 'JONTESTED ELECTIONS- (co«/tHM«/). 
 
 When rel&tor claims to bo elected, 05. 
 
 Wlioa several returns complained of, 00. 
 
 Wiicn several writs against one person, how tried, 00. 
 
 Writ— Who to issue, -97. 
 
 Irregularity in issue, 07. 
 How returnable, 07, 08. 
 
 Service to be personal, unless excused by judge, 08, 09. 
 Meaning of personal service, 08. 
 Returning Officer may be made a party by judge's order, 08. 
 Names improperly added to roll may be struck off, 70. 
 Judge — Duties of: 
 
 May allow persons to intervene and defend, 00. 
 
 Costs in such case, 00. 
 To try summarily, 09. 
 
 Or may send issue to be tried by jury, 09, 467. 
 Powers as to evidence, 99. 
 
 Cannot incidentally decide as to validity of By-law, 101. 
 May remove, admit, or confirm, 100. 
 Or order a new election, 103. 
 As to costs, see below. 
 If all members ousted, 103. 
 
 Sheriff to hold new election, 104. 
 Disclaimer by defendant, and bow, 106, 467 
 How to be addressed, 105. 
 To be posted and registered, lOG. 
 Duplicate to be given to Clerk of Council, lOG. 
 Costs in case of, 106. 
 
 Decisions as to, 106. 
 Before election complained of, 107. 
 To operate as resignation, 108. 
 Costs — When discretionary with judge, 107. 
 
 Power of Judge, only on final determination, 108. 
 Decisions on the question of, 76, 78, 80, 107, 108. 
 
 By-law to pay costs of illegal, 107. 
 What fees to attorneys, 473. 
 Tariff of, 473 
 Judgment to be returned and filed in Court, 108. 
 To be final, 108. 
 A municipality cannot support, or indemnify a party as to, 107. 
 Elections and appointments on same footing, 100. 
 Judges may make rules and forms, 108, 109. 
 
 Relics of Court — 
 
 Recital of powers to make, 40. 
 
 Relator to apply to Q. B. or C. P. for quo warranto, 4G2. 
 
 Within what time, 402. 
 
 Papers required on motion, 402, 403. 
 Summons may issue in discretion of Court or a ju Ige, 403. 
 Service of summons, 405. 
 Appearance of respondent, 405. 
 Entry of defntilt of appearance, 405. 
 Summons may issue to returning officer, 406. 
 Procedure when no appearance, 460. 
 
INDEX. 
 
 CONTESTED ELECTlONS-(con<m«e(/). 
 
 Copies of affidavits to be given if required. 407. , 
 
 Relivtor bound by statement filed, 407. 
 
 No formal answer required on nppearanc_c, 40 <. 
 
 Judge may require furtlicr affidavits, 40 ( . 
 
 As to disclaimers, 467. » ., Ar- 
 
 Issuo may be tried by jury, and form of writ 40/ 
 
 Judee to give written judgment, and -..ncr to paper filed, 408. 
 
 When successful party may tax costs and «nter judgment, 40;». 
 
 Writs of certiorari and mandamus may issue, 40J. 
 
 Contempt— How punislied, 472. 
 
 Forms may be altered, 472. ..„i„ i?.-) 
 
 Proceedings not to be set aside for irregularity merely, it.. 
 
 Forms — 
 
 Of statement or relation, 93, 40J. 
 
 Recognizance, 03, 403. 
 
 Affidavit of justification, 94. 
 
 Judge's fiat for writ to issue, 94, 403. 
 
 Writ of summons, 95, 464. 
 
 Notice to be attached to writ, 95, 404. 
 
 Minute of service, 466. 
 
 Affidavit of Rcrvlce, 97, 465. 
 
 Appearance to writ, 97. 
 
 Entry of default to appear. 98 
 
 Writ to make returning officer a party, 98, 400. ^ 
 
 Writ of trial, 100,407. 
 
 Indorsement of verdict thereon, 100, 406 
 
 Judgment, 101, 102, 408, 409. 
 
 Writ for removal, 103, 470. 
 
 Writ Cm- new election. 103, 470. _ ,.,,„, ... 
 
 V/rit of election of nil ineinbera invalid, 101, 4a. 
 
 Writ for new election in such case, 104. 
 
 i^i /<f. f.)r relator's costs, 108. 471. 
 
 For defendant's costs, 472. , « ,„„ 
 
 Disclaimer before election complained ot, lUS. 
 Alter writ issued, 105. 
 
 CONVICTIONS. 
 
 SecSvmiWLY Convictions. 
 
 CONTRACTS. ' 
 
 With Municipality by members void, iw. 
 With Municipality exceeding powers, 108. 
 
 CORONER. ^. .,„ 
 
 To be appointed for junior County on separation, 39. 
 
 One or more for each city or tow"', i. R«n 
 la what cases only, inquests to be held, 580. . 
 Deaths in Lunatic Asylum or prison, 580 
 
 Penalty for refusing to attend an m^''^}^>f^- . 
 Former powers of, not interfered w>il». 580. 
 Inquisition not to be vitiated by »»f°™f5'|jj.^- .go 
 Medical man may bo summoned, and when, 58 1 , 0»-. 
 
 Allowance to. 582. 
 
 Penalty for failing to attend, 58-. 
 Investigf ion by, 'nto origin of Fires. See Fires. 
 
636 
 
 INDEX. 
 
 CORPORATION SURVEYOR, 
 Appointment of, 240. 
 
 CORPORATE NAME. 
 
 Of Municipal Corporations, &c., 18, 20. 
 
 CORPORATE SEAL.— 5fe Corporations, Municipal. 
 
 CORPORATIONS. 
 
 Mannir of assessing personal property, 575. 
 iSee :<BXT Title. 
 
 COP.r ORATIONS, MUNICIPAL. 
 Existing, confirmed, 17, 18. 
 Corporate names and governing bodies. 18, 20. 
 Head of — When to be director in certaia companies, 210. 
 Members of— Rights and liabilities. See Councils, Municipal. 
 Powers, duties and liabilities inherent in corporations generally, 18, l[t. 
 To sue and be sued, 19. 
 
 General rights and liabilities under this bead considered, 19. 
 To contract and be contracted with, 19. 
 Must contract under seal, 19. 
 
 Exceptions to this rule, 19, 20. 
 To have common seai, 20. 
 
 To act under, and when, unnecessary. 19, 20, 188, 189. 
 To acquire, bold and alienate property, 20, 187. 
 Must act by by-liw in general, 135. 
 
 When, only, rule departed from, 136. 
 Liability for'act not authorized by by-law. 19. 
 Liability o*", for acts done under illegal by-law, 153. 
 
 By-law must be quashed before action brought, 153, 154. 
 
 Illegality need not appear on face of by-law, 153. 
 
 Municipality, and not persons acting under by-law, liable, 153, 154. 
 
 Liability of persons acting under, 153, 154. 
 
 Replevin would uot lie, 154. 
 
 Notice and limitation of action, 154. 
 
 Can notice be given before by-law quashed ? 154, 
 When limitation commences, 154 
 Tender of amends by corporation, 158. 
 Definition of "tender," 155. 
 How made, 155. 
 To whom made, 155 
 Liability of, in respect to roads and bridges, 253, 2'>9, 2')7, 276. 
 Limitation of time and restrictions ns to actions, 276. 
 When statute ben;ins to run, 27G. 
 Executions against — How enforced, 164, lO.j. 
 
 1. By sale of got Is or lands, 165. 
 
 2. Bj levying rate,, 165, 160. 
 
 Mode of proceeding, 166. 
 Case of several writs, 166. 
 Sheriff to strike rate, 165. 
 
 And issue precept to collector, 166. 
 Corporation withholding assessment roll — Remedy, 166 
 Surplus to be paid to treasurer, &o., 167. 
 Who shall collect rate, and mode, 166. 
 Clerks, assessors and collectors to assist sheriff, 167. 
 
 
INDEX. 
 
 
 CORPORATIONS, MVmClVAL— {continued). 
 
 Indictment against— Mode of procedure, 276. 
 See Councils, Municipal. 
 
 COSTS.— /See Contested Elections. 
 
 COUiNCILS, MUNICIPAL. 
 
 To exercise powers of body corporate, 21. 
 Heads of, who to be, 49. 
 
 To be magistrates for respective localities, 315. 
 May administer oatlis, 130, 319. 
 
 Members of — 
 
 How composed, 49. 
 In Counties, 49. 
 In Cities, 49. 
 In Towns, 60. 
 
 la incorporated Villages, 50. 
 In Townsliips, 51. 
 In Police Villages, 53. 
 Contracts by with Municipality when void, 163. 
 Doctrine in equity as to trustees as applied to Municipal Council 
 
 considered, 163. 
 Personal liability of, if powers exceeded, 20, 241. 
 Not eligible for certain offices, 189. 
 To be Health officers, 191. 
 
 Qualification of, in the various Municipalities, 64, 55. 
 Should be rate ' on roll, 54. 
 Mistake in na or voting, 54. 
 As to property, and mode of holding, 54. 
 lloll conclusive as to, 55. 
 Estate legal or equitable sufficient, 56. 
 «' Leasehold," definition of, 55. 
 If property encumbered, 55. 
 In new Townships not having assess-ment roll, 56. 
 If only one person in a Municipality t ;• qualified, 50. 
 When joint ownejp rated together, ( .. , , ., , 
 
 Administrator cannot qualify on real property of another, though 
 assessed in his name, 378. 
 
 Disqualification : 
 
 Certain public officers disqualified, 56. 
 Persons in arrear of taxes, 57. 
 
 Innkeepers or saloon-keepers, 57. . , „ 
 
 Person or his partner having interest in contract with Corpo- 
 ration, 57. 
 Object and scope of this provision, 67, 58. 
 Does not refer to shareholder in a Company so having 
 contract, 58. 
 Or to Corporation lessee, 58. 
 Does insolvency disqualify, 58. 
 Refers to lime of election, 58. 
 Exemptions— Certain persons exempt, 59. . ._ 
 Diflfc-ence between disqualification and exemption, o9. 
 
638 
 
 INDEX. 
 
 COUNCILS, "SlVmClVAL— (continued). , 
 
 Refusal to accept office, 59, 87. 
 
 Penalty for, 131. 
 
 Payment of penalty no excuse, 1.31. 
 
 1)003 not work forfeiture, 131. 
 Liability for unauthorized investment of moneys, 591. 
 Electors, qualification of. See Electous. 
 Election of. See Elections. 
 Seats vacated by crime, insolvency or absence, 8G. 
 
 New election provided for, 87. 
 
 Non- election of new members not to prevent organization of 
 Council, 87. 
 No power to determine right of any member to seat, 110. 
 Declaration of qualification to office. Sec Official Declaratio.n. 
 
 Meetings — 
 
 Of County Councils : 
 
 First meeting, when and where, 110. 
 Election of Warden, 110. 
 Clerk to preside 111. 
 Who to have cascing vote, 111. 
 Subsequent meetings within or without County, 111. 
 Object of this provision, 111. 
 To be regulated by by-law, and how. 111. 
 Place of, may bo in cities, 112. 
 Of Councils other than County, and Councils genernlly. 
 First meeting, when and where, 110. 
 Clerk to preside at. 111. 
 
 Effect of unauthorized person presiding, 72, 111. 
 Subsequent meetings, place of, 111. 
 When not fixed, where to bo, 112. 
 Heads of Councils to preside at, 113. 
 Ordinary meetings to be open, 112. 
 If special, may be open or closed, 112. 
 When to be held, 112. 
 Quorum to be a majority of whole Council, 112. 
 
 In council of five, three to concur, 112. 
 Adjournment from time to time, 113. 
 
 How motion for, should be put, 113. 
 When'Reeve or Deputy to preside, 114. 
 Effect of unauthorized person presiding, 72, 111. 
 Absence of head of Council provided for, 111. 
 
 Cas-ual absence, 115. 
 Heads of Councils may vote, 115. 
 If a tie in votes, presumption in the negative, 115. 
 Resignation of office by Warden, and how, 115. 
 Dy Reeve, 116. 
 By Mayor or Councillor, IIG. 
 Question as to common-law right of, 115. 
 JuriFdiction, confined to Municipality members represent, 134, 
 
 Power of Township Council to aid County, 135. 
 Power of, to be exorcised by by-law, 135. 
 
 When, only, rule should bo dispensed with, 130. 
 
 When resolutions only, sufficient, 135, 130. 
 
 Power of making by-laws carries power of enforcing them, 130. 
 
INDEX. 
 
 639 
 
 
 COUNCILS, MUXICIPAL-(co»<in«erf). 
 
 May make regulations for certain purposes, 13b, 137. 
 
 If not inconsistent with Act, 136, 137. 
 
 Or not contrary to law of the land, 136, 137. 
 May repeal by-laws except in cirtnin cases, 138, 139. 
 May take any rate of interest agreed on, 161. 
 May not act as bankers, 161. 
 
 Nor make debenture, note, &c., for less than $100, 161. 
 
 Issuing notes, &c., as bank notes, a misdemeanor, 161. 
 Monopolies, granting of. See Monopot.iks. 
 Contracting debts, and rates therefor. See Debts. 
 Excess of powers by — Liability of members, 20. 
 
 Position of persons contracting with, in such case, 1C8. 
 Unauthorized expenditure by, 168, 169. 
 Cannot by by-law borrow at rate exceeding six per cent., 171. 
 Powers as to and dealings in land considered, 187, 188. 
 Powers and duties as to Court House and Registry Office, 188, 335. 
 Action against, for not repairing Court House, 188. 
 Is the governing body acting on behalf of Corporation, 210. 
 Misappropriation of funds by— Liability, 211. 
 Jurisdiction and liability respecting roads, 235. And tee Roads, &c. 
 Arbitrations by. See Abditbations. 
 See CoBPoaATious, MnNiciPAL. 
 
 COUNCILLORS. 
 
 In towns, and villages, and townships, 60, 61, 68. 
 Qualification of, bi. 65. 
 
 Election of.— See Elections— lNC0RPORATKDViLi.AaES—TowN8— Town- 
 ships. 
 Remuneration to, 211. 
 See Councils, Municip.vl. 
 
 COUNCILMEX. 
 
 Office of, in Cities, abolished, 49, 50. 
 
 COUNTIES. 
 
 Erection of new Municipalities, 21. 
 
 Erection of Villages into Towns, and Towns into Cties— Lands detached 
 
 from Counties, 27. 
 Debts of County, on extension of Village, Town or City, 2( . 
 ^Vithdrawal of Towns from jurisdiction of. See Towns. 
 Formation of unincorporated Townships into new Counties, 35. 
 Annexation of new, to adjacent County, 35. 
 Union of— seniority between, how regulated, 86. 
 
 Laws applicable to, 35. 
 
 Venue in, 35, 36. 
 Rights, duties and liabilities respecting Court Houses anu Gaols, 188, 
 
 336. 
 Separation of junior Counties. See Provisional Corporations. 
 As to County buildings, see County Builuinqs. 
 Members of Council of, 49. 
 
 Warden to be head of Council, 49. 
 County boundary lines or roads, 282. 
 
 When also Township lines, 282. 
 
640 
 
 INDEX. 
 
 
 COVmiES— (continued). 
 
 Where Townships cnnnot agree, 282. 
 
 Wardeu and County Judge to decide, 282, 283. 
 Meeting of Wardens, 283. 
 Who to convene, 283. 
 What Wardens and County Judge to decide, 283. 
 Commissioners to be appointed, 283 
 Council may assume lines, 284. 
 Bridges over rivers having boundaries, 284. 
 Liability of, for repairs of roads, 285. — See Corporations, Municipal. 
 See County Buildings — County Council— County Moneys— County 
 Batb. , 
 
 COUNTY BOUNDARIES.— ^cff Counties. 
 
 COUNTY BUILDINGS. 
 
 By-laws for erection of, 188, 335. 
 Citre and custody of, 335. 
 
 To be common to Cities and Towns not separated, 33C. 
 Compensation for, how regulated, 38(). 
 When amount may b6 revised, 337. 
 
 COUNTY CLERK. 
 
 To make a return to Provincial Secretary, 1 1 9. 
 
 COUNTY COUNCIL. 
 
 Heads and members of. — See Counties, Muotcipal. 
 
 Reeves taking seats at. — See Reeves. 
 
 Meetings of, and election of Warden. — See Councils, Municipal. 
 
 Resignation of office by members. — See Councils, Municipal. 
 
 Auditing of moneys. — See Auditors. 
 
 Powers for raising money to assist persons to sow lands. — See Seed. 
 
 COUNTY JUDGE. 
 
 Appeals to, from Court of Revisions. — See Revision, Court of. 
 To be appointed by junior County, 39. 
 
 COUNTY MONEYS. 
 
 How payable, and who responsible for, 454. 
 
 Collectors' and Treasurers' bonds apply to, 454. 
 
 Local Treasurers to pay over to County Treasurers, 454. 
 
 Mode of enforcing pnyment, 455. 
 
 Duties of Sheriff, 455. 
 Treasurers responsible for, 45G. 
 
 Boards of, to apply to, 456. 
 
 COUNTY RATE. 
 
 Equalization of valuation, before rate imposed, 395. 
 Apportionment of, on what based, 398. 
 
 As to new Municipalities, 399. 
 To be apportioned by by-law of County Council, 399. 
 County Clerk to certify amounts to local Clerks, 400. 
 For interest on County debentures, 400. , 
 
INDEX. 
 
 641 
 
 COURT HOUSE. 
 
 Erection of, by FroTiBional Corporation, 37, 38. 
 
 Rights, duties and liabilities of County Councils respecting, 188, 335. 
 
 Erection of, by Cities, 337. 
 
 Upon separation of Counties, 838. 
 
 County Council to have care of, 343, 588. 
 
 And appoint keepers, 343, 583. 
 
 In City not separate from County, 843. 
 
 COURT OF REVISION.— S'es Revision, CotiET ot. 
 CROWN LANDS. 
 
 Yearly list of, located, leased, &c., to be sent to T easurers, 4-14. 
 
 Oopy of, to be sent by him to local Cle.-ks, 415. 
 When unpatented lands liable for taxes, 426. 
 Rights of Crown saved, 426. 
 Interest only of lessee or locatee may be sold, 433. 
 
 •CRUELTY TO ANIMALS. 
 
 By-laws for punishing, 207. 
 Act respecting, 533. 
 
 Penalty on persona guilty of, 533. • 
 
 Commitment on default, 533, 534. 
 Other remedies saved, 533. 
 Binding animals carried to market, 634. 
 Apprehension and committal of offenders, 534. 
 Summons in certain cases, 536. 
 Service of, 536. 
 
 Penalty on officers refusing to serve, 5C6. 
 Term of conviction, 635. 
 Application of penalties and damages, 636, 637. 
 Complainant to be competent witness, 534, 637. 
 Limitation of prosecutions, 634. 
 Suits brought for things done under this Act, 537. 
 Notice of action, 537. 
 Defendant may plead general issue, 537. 
 Tender of amends, 637. 
 As to costs, 537, 638. 
 Appeals from convictions, 538. 
 Interpretation clause, o38. 
 Not to aflfeot Municipal by-lows, 538. 
 
 ■CURRENCY. 
 
 Dollars or pounds, which to be used, 62. 
 
 DEBENTURES. 
 
 Issue of, after dissolution of United Counties or Townships, 47, 4^. 
 
 How to be executed, 158. 
 
 Certified copy to be sent to County Registrar, 158. 
 
 Transferable by delivery, 159. 
 
 Transferee may register his name, 160. 
 
 Person negotiating does not guarantee them, 168. 
 
 Indorsement if payable to order, and effect of, 160. 
 
 Treas'.rer or Chamberlain to see that proper moneys applied in payment 
 
 of, 169. 
 41 
 
042 
 
 INDEX. 
 
 bEBENTCRES— (co/i^j/iKfirf). 
 
 Pleadings on, sufficient to describe plaintiff as holder, IGO. 
 Full amount recoTcrable, though negotiated at a discount, IGO, ICl, C21. 
 Purchaser — what he should enquire into, 1 70. 
 Existing debentures, to retain priority, 3G1. 
 Rates for paying, 361, 400. 
 Must be sufficient, 861. 
 And applied solely for such purpose, 361 . 
 On credit of non-resident land fund, 443. 
 Treasurer to have custody of, 448. 
 Negotiation of, 443. 
 Payment of interest on, 443. 
 Under Consolidated Municipal Loan Fund Act. See Consolidated Mrsi- 
 
 ciFAL Loan Fund. 
 For assistance of Railway Companies. See Railway Companies. 
 Registration and transfer of, Act respecting. 
 Registration , 517. 
 
 Certified copies of by-laws to bo recorded, 517, 518. 
 Return to be made to auditor, 518. 
 Auditor to compile tables and lay before Patliament, 51!). 
 • Kegistrar to file by-lows and keep books for, 519. 
 
 May register name of each holder, 619. 
 By-laws, how to ba certified, 519. 
 Bylaws, returns, &c., to be open for inspection, 520. 
 Fees payable to Registrar, 520. 
 Meaning of ''final passing," 520. 
 
 Act not to extend to Railway Companies or Ecclesiastical Corpo- 
 rations, 520. 
 Penalty on officerr neglecting duties, 520. 
 Schedules, 522, 523, 524. 
 Transfer, 521. 
 
 When payable to bearer, 521. 
 
 
 If to order, must be endorsed. 521. 
 
 In declaring on, what facts to be stated, 521. 
 
 Good for full amount, though discounted at less sum, 521. 
 
 UECTS. 
 
 On erection of Villages into Towns, and Towns into Cities, 20. 
 
 Of Unit' (I Counties on separation. See Prcwisional Cokpobatioss. 
 
 Yca»'ly rates to be levied to pay, 1G7. 
 
 Valid debts falling due within year, what. 1G7 
 
 Rates fov, not more than two cents on dollar, 107. 
 
 But if such insufficient, 1G7. 
 
 Necessity for limitation, 163, 169. 
 .Should be paid year by year by rate in anticipation, 1G7, 109. 
 By-laws to create. See Ut-Laws. 
 flow accounts of debts and rates to be kept, 177. 
 
 1. For special rate of each debt, 177. 
 
 2. For Sinking Fund, 177. 
 
 Surplus from ispecial rate to be carried to Sinking Jand, 178. 
 lu certain cases to be invested, and bow, 178, 17'J. 
 Report of, to be made yearly to Provincial Secretary, l^i. 
 
 Form of account, IHj 
 See Anticipator? ApraoriUAnoNs — Spkcial Ratk. 
 
INDEX. 
 
 DECLARATIONS.-S'ce Oaths 
 
 DECLARATIONS OP OFFICE. • 
 See Officiai. Declarations. 
 
 DEDICATION OF LAND. 
 
 For public purposes, 187. ' 
 
 DEED. . '..IV. ; 
 
 For tax sale lands, form of, 460. ':■.•. 
 
 DEFECTIVE ELECTION provided for, 84. • - '^ V • 
 
 DEPUTY REEVE. 
 
 Election of in Towns, Villages, and Townships, 50, 51, 52, 53, 
 And see Rekvb. . ., ' 
 
 DESTROYING, &c. , , ^' 
 
 Writ of Election, &c., 133. 
 
 DISCLAIMER. — See Contbsted Elsctions. ' ' 
 
 DISORDERLY HOUSE.— ^^ee lLL-r\MK, Hoitsrs of. 
 
 DISORDERLY INNS. . . ., - 
 
 IIow keepers of to be proceeded against, 204. 
 
 Action for damages by traveller arrested in, 206. 
 
 DISQUALIFICATION OF CANDIDATES.— S« Councils, Mcsicipai. 
 DISTURBANCES. 
 
 By-laws of Cities, &o., for preventing, 233. 
 
 DIVISION. 
 
 Of Upper Canada into Counties and Townships, 539. 
 
 DIVISION COURTS. 
 
 For Cities. See Recouders. . 
 
 Judge of— Duties, powers, and liabilities, 326. 
 Bailiffs of, disqualified as members of Council, 56. 
 
 DIVISION FENCES.— 5c« Fences— Lisb Fences and Watkecouesbs. 
 
 DOCKS.— A'ec IIahbouus. 
 
 DOG TAX. 
 
 Act to impose, and for protection of sheep — 
 Annual tax on dogs, 613. 
 Mode of assessment, 613. 
 t To be entered on collector's roll, 614, 
 
 To form fund to pay damages, 614. 
 Proceedings, if sheep killed by dogs, 614. 
 P.ayraent of damages by Municipality, 015. 
 If owner of dog afterwards found, 615. 
 Re-payment to fund, when, 615. 
 If not paid, dog may be killed, 616. 
 Fl'cs to and returns by justices, 616. 
 See Dogs. 
 
 643 
 
 *% 
 
C44 
 
 Doas. 
 
 INDEX. 
 
 By-laws for taxing and killing, 208. 
 
 Liability of owners of, for damage done by, 304, 614, 
 
 Seen worrying sheep, may bo killed, 615. 
 
 Known to worry sheep, to be killed, 61 G. 
 
 See Doa Tax. 
 
 DOLLARS AND CENTS. 
 
 May be used instead of £ s. d., 62. 
 DOMICILE OP ELECTOR. 
 
 What it is, 60. '• 
 
 DRAINAGE. 
 
 Township Council may enquire into necessity of, 216. 
 
 And pass By-laws for, and to provide for payment and apportionment 
 of expenses incurred, 216, to 220. 
 By-laws for compelling, 236, 237. 
 
 Should be under direction of engineer of Municipality, 23G. 
 Liability of Corporation for improper, 236. 
 Expenses of, 237. 
 Local improvements by, in Cities, 243. 
 
 DRAINS.- -See Drainaoe— Roads, &c. 
 
 DRIED APPLES AND PEACHES. 
 
 Standard weight of, 482. 
 
 DRILLING.— *%« Unlawful Training, 
 
 DRIVING. 
 
 By-laws for preventing immoderate, 233. 
 
 DRUNKENNESS. 
 
 By-laws for prevention of, 222, 223. 
 
 DUNDAS, COUNTY OP. 
 
 To consist of certain townships, &c., 641. 
 
 DURHAM, COUNTY OF. 
 
 To consist of certain townships, 542. 
 
 EDUCATION. 
 
 Surplus money may be appropriated for purposes of, 212, 
 See Grammar Schools. 
 
 ELECTIONS. 
 
 Where to be held, 65, 66. 
 
 To be fixed by by-law, 66. 
 
 How held, in police villages, 66. 
 
 Not to be held in a tavern, 65. 
 Time of, in cases of new and extended municipalities, 65, 66. 
 In cities and towns, 67. 
 
 Ballot to determine order of retiring of members, 68. 
 In townships and incorporated villages, 68. 
 First election in junior townships, after separation, 68. 
 
 
Drtionment 
 
 INDEX. 645 
 
 ELECTIONS— (con^mucrf). 
 
 In caso of separation of union of townships, 68, GO. 
 Of Reeves, Councillors, »tc., to bo by general TOte, 69. 
 Where to bo held, 69. 
 
 Rclarning Officers. 
 
 Where a division into wards, to be appointed by by-law, 69. 
 
 Otherwise clerks to bo, 09. 
 
 For first election in villages, 70. 
 
 In police villages, after first election, 70. 
 
 Absence of, provided for, 70. 
 
 Declaration of office by, 129. 
 
 To be conservators of the peace, 70, 71. 
 
 Suggestions as to powers and duties as, 71. 
 May swear in special constables, 71. 
 llcceiving votes after poll closed, 76. 
 Receiving illegal votes, liable for costs, 78. 
 Casting vote, and when to be given, 79. 
 May administer oaths, 77. 
 Making correction in entry of vote, 78. 
 May be made party in contested elections case, 98. 
 
 Proceedings at, in Townships and Incorporated Yiilagea and Police Villages. 
 Nomination meeting, when and where to be held, 71. 
 Clerk to preside at, 72. 
 Effect of unauthorised person presiding, 72. 
 Six days' notice to be given, 72. 
 How time to bo computed, 72. 
 Form of proposing and seconding, 72. 
 If no more candidates than offices, 72. 
 
 If more, and poll demanded, proceedings to bo adjourned, 72, 73. 
 Taking show of haads unnecessary, 73. 
 When poll to be opened, and how long continued, 73. 
 Notice of persons proposed to be given by clerk or chairman, 73. 
 Clerk to give attested alphabetical list of voters to returning officer, 
 73, 74. 
 Names omitted from roll or list, 74. 
 ^Yhere returning officers act without having list, 74. 
 Using roll instead of list, 74. 
 Poll-book to be provided, and how kept, 75. 
 
 To be returned to clerk, 75. 
 Clerk to sum up votes, and declare candidates elected, 75. 
 Has casting vote in case of ties, 75, 76. 
 His duties and liabilities thereon, 76. 
 
 Proceedings at, of Aldermen in Cities aud Councillors in Towns, 
 Nomination meeting, when and where to be held, 76 
 ' Who to preside, 76. 
 Notice of, to be given, 76. 
 If no more candidates than offices, 77. 
 If more, and poll demanded, 77 
 ■When and where poll to be opened, and how long continued, 77. 
 Clerk to give list of voters to Returning Officer, 77. 
 Poll-books to bo provided and kept, 77. 
 
 To be returned to Clerk, 79, 83. 
 
640 
 
 INDEX. 
 
 ELECTIONS— (eon/iVjM^rf). 
 
 Oaths and questions that may be put to electors, 77. 
 Returning OiBoer to add up TOtes and declare same, 79. 
 
 Where ward divided into electoral divisions, 79. 
 
 When to have casting vote, 70. 
 Election riotously broken up to be resumed, 79. 
 
 If prevented for four days, 80. 
 
 Setting aside if large number of electors cannot Tote, 73. 
 
 Obstructions to voting, eflFect of, 73, 80. 
 Of Mayors in Cities — 
 
 To be elected by Council, 80. 
 At first meeting in each year, 80. 
 
 Of Mayors, Reeves and Deputy Reeves in Toions. 
 Nomination meetings — 
 
 Time and place for nominating, 81. 
 Clerk to preside, 81. 
 
 With power of a Returning Officer, 82. 
 Absence of, provided for, 81. 
 If only necessary number of candidates proposed, 82. 
 If more, and .poll demanded, notice to bo given, 82. 
 Duration of poll, 82. 
 Poll-books to be kept, and how, 82. 
 
 To bo returned to Clerk, 83. 
 Clerk to add up votes and declare result, and when, 83. 
 To give casting vote in case of tie, 75, 7G, 83. 
 Defective election — No return from one or more wards — Proceedings, 
 
 83, 84, 87. 
 Seat vacated by crime, insolvency, absence, &c. — Proceedings to elect 
 substitute, 87. 
 When election to be held, 88. 
 Term of office of new members, 87. 
 Effect of non-election, refusal to qualify, &c., 87, 88, 
 If electors neglect or refuse to elect, appointment instead, 88, 89. 
 Difference between appointment and election, 89. 
 Supposed meaning and scope of this provision, 89. 
 Contested. See Contested Elkotions. 
 See Electors, Municipal. 
 
 ELECTORAL DIVISIONS. 
 
 By-laws for dividipg Municipalities in, 215. 
 
 ELECTORS, MUNICIPAL. 
 
 Franchise to be favoured, Gl. 
 Mistake in names and rating, 54, 61. 
 Qualification of — 
 
 In Municipalities tCnd Police villages having assessment roll, GO. 
 Meaning of " householder" — " resident" — " British subject" — 
 
 "Full age," GO, CI. 
 Must have paid all taxes, Gl. 
 Roll final as to, 61, 62. 
 Value of real property, 62. 
 In newly erected Municipality, not having separate assessment 
 roll, 62, 63. 
 
INDEX. 
 
 647 
 
 :ct 
 
 gnt 
 
 ELECTORS, MUNICIPAL— («<"•'««««')• 
 
 Whoa landlord and tenant both rated, C3. 
 
 When joint owners rated together, 64. 
 May vote in each ward in towns and cities, 63. 
 
 But not in each electoral division in townships, &c., 63. 
 Names of, omitted from roll or list, 74. 
 Who has parted with property, though on list, 78. 
 Chnngo of residence from one ward to another, 79. 
 See Contested Eleotions— Eleotionb, Municipal. 
 
 ELECTORS, PARLIAMENTARY. 
 Qualification of, 64. 
 
 ELGIN, COUNTY OF. 
 
 To consist of certain Townships, 547. 
 
 EMBEZZLEMENT. 
 
 By Municipal oflScers, 132. ■ 
 
 What it is and punishment for, 132. 
 
 ENGINEERS— By-laws for appointment of, 224. 
 
 EQUALIZATION OF VALUATION FOR COUNTY R.iTES-See Valuation. 
 
 ESSEX, COUNTY OF. 
 
 To consist of certain townships, 547. 
 
 ESTIMATES FOR ASSESSMENT. 
 To bo made yearly, 362. 
 IIow to be provided for, 863. 
 
 EVIDENCE. 
 
 Collector's roll proof of amount due for taxes, 411. 
 
 See Witnesses. » 
 
 EXECUTOR AND ADMINISTRATOR. 
 
 Cannot qualify on trust property, 55, 378. 
 
 Assessment of testator's property.— fi'ee Teustbes. 
 
 EXEMPTIONS. 
 
 From Municipal offices, 59. 
 From taxation : _ 
 
 Land covered with water, 355. 
 ' Property belonging to the Queen, 355. 
 
 But land once assessed not exempted by transfer to Crown, 3o6, 
 If not occupied officially, 856. 
 
 Occupant, not property, liable, 356. 
 Places of worship, 356. 
 Public educational institutions, 356. 
 Public buildings of the Municipality, 356. 
 Public Hospitals, 356. 
 
 Extent and meaning of provision, 357. 
 Public roads and squares, 357. 
 Municipal property, 357. 
 Provincial Penitentiary, 367. 
 Buildings used for philanthropic purposes, 358. 
 Scientific institutions, 358. 
 

 
 «MAGE EVALUATION 
 Ti-ST TARGET (MT-3) 
 
 
 1.0 
 
 1.1 
 
 Ui|2£ 125 
 
 ■ 50 ■^" 
 
 ■tt liii |2.2 
 
 Ui 
 
 Ki 
 
 11.25 
 
 1.8 
 
 I 
 
 0% 
 
 ^ 
 
 ^ 
 
 
 7] 
 
 '/ 
 
 Photographic 
 
 Sciences 
 
 Corporation 
 
 ^v 
 
 ^^ 
 
 :<\^ 
 
 <> 
 
 ^. 
 
 
 23 WIST MAIN STMET 
 
 WEBSTIR.N.Y. MSM 
 
 (716) •73-4503 
 
 
 ;\ 
 
^.^ 
 
648 INDEX. 
 
 EXEMPTIONS— (con<e«Merf). 
 
 Personal property and income of Governor, 358. 
 
 Imperial military and naval pay, pensions, &o., 358. 
 
 Personal property of officers on full pay, 358. 
 
 Pensions under $200, 358. 
 
 Incomes of farmers from their farms, 358. ^ 
 
 Personal property secured by mortgage or Municipal debentures, ol>v 
 
 Bank stock in certain cases, 359. 
 
 Railroad stock, 359. 
 
 Property owned out of the Province, 859. 
 
 Personal property to amount of debts due, 359. 
 
 Personalty under $100, 360. 
 
 Income under $200, 860. 
 
 Salary of minister of religion, 800, 
 
 Official salaries at seat of Government, 360. 
 
 Household efifects, books and wearing apparel, 360. 
 From statute labour, 400. 
 To firemen. See Firemen. 
 
 EXISTING BY-LAWS continued, 28. 
 
 EXISTING INSTITUTIONS AND COUNCILS continued, 17, 18, 80. 
 
 
 FALSE DECLARATIONS. 
 To be perjury, 343. 
 
 FEES. 
 
 To public officers, must have legal origin, 43t5. 
 
 FELONY. 
 
 Definition of, as distinguished from misdemeanor, 42. 
 
 FENCE VIEWERS. 
 
 Appointment of, by by-laws, 188. 
 
 Duties respecting damages by animals.— 5e« Pounds and Poundkeeper&. 
 
 Where trees thrown across fences, 313. 
 
 As to line fences and watercourses.— -S'ee Line Fences and U atbf.- 
 
 COURSES. 
 
 FENCES. 
 
 By-law for settling height and kind o/, 208. 
 
 For regulating division fences, 208. 
 Provision where trees thrown across, 313. 
 As to line fences,— 5ee Link Fences and Watercouses. 
 
 FERRIES. 
 
 Councils may grant exclusive privileges, 162. 
 
 What and how obtained, 162. 
 
 Enactments for regulation of, 162, 226. 
 
 By-laws for regulation of, 224, 565. 
 
 When and to what extent license may be granted for, &o-.. 
 
 To be issued under great seal, 652. 
 To be leased by auction, 653. 
 
 For not more than seven years, 563, 
 Limits of, 653. 
 
INDEX. 
 
 649 
 
 
 F'EB.RIES— {continued). 
 
 License for, between municipalities, 553. _ 
 
 lliglit conferred on municipality by license, 5o3. 
 
 Conditions as to steam power, 563. 
 
 Municipality may sublet, 553. cri 
 
 Cities, towns and villages to have preference. 5o4. 
 Penalty for interfering with licensed ferryman, 554. 
 
 Appeal from conviction, 554. 
 Parties may keep boats for private use, 654. 
 License evidence of title, 555. 
 
 FIRES. 
 
 By-laws for protection against. — See By-laws, 9. 
 
 FL FA. 
 
 For costs in contested election case, 108, 471. 
 
 FINANCES— Enquiry into.— 5ee Commission of Esquiey. 
 
 FINES.— 5ee Penalties. 
 
 FIRE COMPANIES.— See Fibemen. 
 
 FIREMEN. 
 
 By-laws for regUlat' ig and rewarding, 234. 
 
 Companies may be formed, 628. ^ ., ^ .^. , . ^ .^. 
 
 Exemptions from certain duties by Councils of cities and towns, &-*. 
 
 To be taken away for misconduct, 627. 
 After seven years' service, 628. 
 
 Certificate to that efifect, 628. 
 
 Effect of certificate, 529. 
 
 FIRES. . , „„, „„, 
 
 By-laws for protection against and suppression of ,234, ^6ii. 
 Regulations in police villages for samo purpose, 249. 
 Coroner to enquire into origin of, 529, 586. 
 
 Evidence to be taken on oath, 529. ^ 
 
 Not unless suspicion of culpable negligence or design, o-J. 
 
 Jury may be empanelled, 629. 
 
 Punishment for non-attendance, 630. 
 
 Attendance of witnesses, 630. 
 
 Ordinary powers not affected, 630. 
 
 Allowances to, and how paid, 531, 
 
 FIRING GUNS. . c oo. 
 
 By-laws of cities, &c., for preventing, &c., -3d. 
 
 FIXTURES. ^^^ 
 
 What are not, so. as to be liable for taxes, 408. 
 
 FLAX SEED. 
 
 Standard weight of, 482. 
 FLOATING OF TIMBER, &o.—See Milldams-Streams. 
 
 FLOODS. 
 
 As to injury to mills by, 661. 
 FLOUR.— -Se« Mills. . 
 
G50 
 
 INDEX. 
 
 FORFEITURES.— S'ce Penalties. 
 
 FORMS. 
 
 When directed by Ptatute, should be followed, 151. 
 
 FORM.S — la contested election cases. — See Contested Elections. 
 
 FRANCHISE— Favoured by court, 61. 
 
 FRONTENAC, COUNTY OF. 
 
 To consist of certain townships, &c., 541. 
 
 FULL AGE. 
 
 When completed, 61. 
 
 FURIOUS DRIVING. 
 
 By-laws for preventing, 233, 283. 
 
 GAMBLING. 
 
 By-laws for suppression of, 223. 
 
 GAMING HOUSES. 
 
 Indictable as nuisances, 223. • ' 
 
 GAOLS. 
 
 Erection, &c., of, by Provisional Corporation, 378. 
 By County Councils, 335. 
 By Cities, 337. 
 Care of. Sheriff to have, 342, 583. 
 
 Sheriff to appoint keepers, 342, 583. 
 In City not a separate County, 343, 583. 
 Gaoler to have yearly salary, 584. 
 Liquors not to be retailed within, 683. 
 Penalties, 583, 584. 
 
 J. P. may summons person accused of so selling, 584. 
 Proceedings on default of appearance, 584. 
 May summons witnesses, 684. 
 Default of payineut of fines, &c., 584. 
 
 IiifDruiality in conviction not to vitiate, 585. ' 
 
 To be Houses of Correction in certain cases, 585. 
 Sec County Buildings — Court Houses. 
 
 G.VOL LIMITS. 
 
 Effect of separation of Counties on persons on, 43. 
 GARDEN. 
 
 Road not to encroach upon, 255. 
 
 GAS AND WATER WORKS. 
 
 Debts contracted to pay for, 170. 
 
 By-laws to authorize Company to lay down pipes. 210, 241. 
 
 For taking stock in, lending money, &c., to Company, 210, 241. 
 Assent of electors required, 210, 241. 
 
 For constructing, 241. 
 
 If there are works in Municipality, 242. 
 
 Inspection of gas metres, 242. 
 
 Appointing commissioners for erection, 243. 
 
INDEX. 
 
 651 
 
 
 I. 
 
 GEESE AND POULTRY. 
 
 Trespass by, 305. 
 OLENGARY, COUNTY OF. 
 
 To consist of certaia Towaships, 539. 
 
 GORES OF LAND. 
 
 May be annexed to Townships, 562. 
 
 GOVERNMENT ROADS. 
 
 Jurisdiction of Councils as to, restricted. See Roads, &c., 253. 
 May be added to Municipalities, 525, 526. 
 
 GOVERNMENT WORKS.— 5«e Public Works. 
 
 GRAMMAR SCHOOLS. 
 
 Legislation as to, in Upper Canada, 225. 
 By-laws for purchase of land for, 225. 
 For aiding, 225. 
 
 For paying expenses of pupils from, at University, Kc , — o. 
 *^ At, from Common Schools, 22b. 
 
 GRAINS. 
 
 Standard weight of various, 482. 
 
 GRAVES. 
 
 . By-laws for protecting, 209. 
 Indictable offence to deaccritc, 209. 
 
 GREY, COUNTY OF. 
 
 To consist of certain Townships, &c., 545. 
 
 GRENVILLE, COUNTY OF. 
 
 To consist of certain Townsliips, 541. 
 
 GUNPOWDER. 
 
 By-laws for careful keeping of, 234. 
 
 Regulations in Police Villnges for same purpose, 2V. 
 
 Storing in neighbourhood of town indictable, ^o4. 
 
 HALDIMAND, COUNTY OF. 
 
 To consist of certain Townships, &c, 548. 
 
 HALTON, COUNTY OF. 
 
 To consist of certain Townships, &c., 544. 
 
 HARBOURS. . *u • ooQ 
 
 By-laws for regulafing. and as to business therein, 2-». 
 For imposing harbour dues, 2-J. 
 What authorized by, 229. 
 
 HASTINGS, COUNTY OF. 
 
 To consist of certain Townships, 542. ^ . 
 
 HAWKERS. 
 
 By-laws for licensing, 224. 
 
 HAY. . , , ,„, : 
 
 Standard weight of, 6»&. ^ ^ .„„ . 
 
 To apply to future contracts, oiJO. 
 
652 
 
 INDEX. 
 
 HEALTH OFFICERS 
 
 Members of Council to be, 191, 248. 
 And see Public TIealtu. 
 
 HEMP SEED. 
 
 Standard weight of, 482. , 
 
 HIGHWAYS.— 5ee Roads, &o. 
 
 HIGH BAILIFF. 
 
 To be appointed for city, 329. 
 
 Duties of, in general, 329. 
 
 To ballot and summon jurors for Recorder's Court, 324. 
 
 Duties of, as to recoverin ; moneys frjm collectors. — See Sheriff. 
 
 Penalties for not perfor ng duties under the Assessment Act, 453. 
 
 HORSE RACING. 
 
 By-laws for prevention of, 222. 
 
 Not always illegal, 222. 
 
 Proprietor of course not liable for purse, 222. 
 
 Action to recover back "entrance money," 222. 
 
 HORSE-STEALING. 
 
 Reward for apprehending person guilty of, 812. 
 
 HORTICULTURAL SOCIETIES. 
 
 How organised, 189. 
 Aid to, 189. 
 
 HOUSEHOLDER. 
 
 Meaning of, 60, 124. 
 HOUSES. 
 
 Roads not to encroach upon, 255. 
 
 HOUSES OF ILL-FAME.— 5ee Ill-Fame, Houses of. 
 
 HOUSE OF CORRECTION. 
 
 By-laws for erection of, by Counties, 335. 
 
 By Cities, 337. " 
 Gaols to be, until erected, 685. 
 See County Buildings — Gaols. 
 
 HOUSE OF INDUSTRY. 
 
 By-laws for erection of, by Counties, 335. 
 
 By Cities, 337. 
 Gaols to bo, until erected, 585. 
 Erection of, by Counties, Cities and Towns, 340. 
 Inspectors and officers to be appointed for, 340. 
 
 Duties of, 341. 
 Proviso as to united or contiguous Counties, 340. 
 Poor, vagrants, dissolute and idiots may be sent to, and how, 340, 341. 
 lumntes to be kept employed, 341. 
 
 Punishment of refractory, 341. 
 Accounts of, to be kept, and how, 341. 
 
 HOUSE OF REFUGE.— iSee House of Industet. 
 
INDEX. 
 
 653 
 
 HUNDRED WEIGHT. 
 
 Meaning of, 481. • 
 
 HURON, COUNTY OP. 
 
 To consist of certain Townships, &c., 546. 
 Milldams in — Regulations as to, 559. 
 
 IDIOTS. • 
 
 Wlio are, 341. 
 
 Title to land of— How acquired, 2G0. 
 Asylum for, 340, 341. 
 
 ILL-FAME, HOUSES OP. 
 
 Imprisonment for breach of by-law for suppressing, 191. 
 
 By-laws for suppressing, 222. 
 
 Keeping, indictable as cumraon nuisance, 222. 
 
 IMMORALITY. ' 
 
 By-laws for suppression of, 222, 223. 
 
 IMPORTUNING TRAVELLERS. 
 By-Iawa for preventing, 233. 
 
 IMPOUNDING.— /See PouND-KEBPKES. 
 
 IMPRISONMENT. 
 
 In default of payment of penalties, 191, 311. 
 Inconsistencies in different sections as to periods of, 311. 
 
 INCOMES. — <8^ee Absessmbnt. 
 
 INCORPORATED VILLAGES. 
 
 New Village, when County Council may incorporate, 22. 
 
 Name of, place for first election, 22. 
 
 Area of, limited, 22. 
 
 Existing Villages, when area exceeded, 23. 
 
 How population may be reckoned, 23. 
 
 Reducing the area of, 23. 
 
 Lying within two Counties — 
 
 County Councils annexing to one of them, 24. 
 When Governor may bo annex, 24. 
 Addition to boundaries of, by Governor, on petition, 24. 
 Census may be taken under by-law, 25. 
 Erection of, into towns, when, 25. 
 
 Notice to be given, 26. 
 
 Proof of certain facts to Governor, 26. 
 
 Proolamation by him, 26. 
 
 Existing by-laws continued, 28. 
 
 When not to be repealed, and why, 28. _ 
 
 Application of by-law when limits extended, 28, 29. 
 
 Liability to debts to continue, 29. ^ 
 
 Ri case of extension of limits, 29. 
 
 Counci and oflScers to continue, 30. 
 Separation of from Township, case of provided for, 44, 45. 
 
654 
 
 INDEX. 
 
 INCORPORATED VILLAGES— (continued). 
 
 Members of Councils of, 50. 
 
 Reeve to be head of Council, 50. 
 
 To be elected by general vote, G9. 
 llemarlcB on change of law, 69. 
 Elections of Councillors to be yearly, 08. 
 Proceedings at. — See Elections. 
 Local iir-provements lu.—See Looal Improvement.?. 
 
 INDECENCY. 
 
 By-laws for prevention and suppression of, 222, 223., 
 Indictable at common law, 223. 
 
 INDIAN CORN. 
 
 Standard weight of, 482. 
 
 INDICTMENT. 
 
 In case of separation of United Counties, 41, 42. ' 
 
 INDUSTRIAL FARMS. 
 
 By-laws for establishment of, 230, 240, 840. . 
 
 INFANTS. 
 
 Title to land of, how acquired. SeeJRoAVS, &o. 
 By-law to prevent giving drink to minors, 221, 
 
 INFORMER. 
 
 Policy of giving part of penalty to, 157. 
 Application of penalties, 157, 312. 
 May be a witness, 312. 
 
 "INHABITANT." 
 
 Meaning of, 126. 
 
 INNKEPER. 
 
 Disqualified as member of Council, 57. 
 
 INQUESTS.— /See Coroneiis— Fires. , 
 
 INSECTIVEROUS BIRDS.— See Birds. 
 
 INSOLVENCY. 
 
 Does it disqualify candidate ? 58. 
 
 INSPECTORS OF HOUSE OP INDUSTRY. 
 
 By-laws for appointment of, 224. 
 INSPECTORS OF SHOP AND TAVERN LICENSES.— -See. License Inspector. 
 INSPECTORS OF WEIGHTS AND MEASURES.— S^ce Weights and Measures. 
 
 INTELLIGENCE OFFICES. 
 
 By-laws for licensing, 238. 
 
 INTEREST. 
 
 No restrictions upon Councils as to, 161. 
 
 Councils cannot borrow by by-law at more than six per cent., 171. 
 
INDEX. 
 
 655 
 
 311. 
 
 E9. 
 
 INTERMENTS. . 
 
 By-laws for regulating, 233. 
 
 INTERPRETATION CLAUSE. 
 
 Of MunicipaUct, 313, 344. 
 
 To be read iu connection with Interpretation Act, 344. 
 
 Of Assessment Act, 352. 
 
 .^Jiti aee Words, Intbkpeetation OF. 
 
 INTERPRETATION CP WORDS. See Wobds, Intebpbetatioh of. 
 
 INTOXICATING LIQUORS. 
 
 Regulations for iiale of. See Tavebm License. 
 
 INVESTIGATION. 
 
 Into financial affairs of Municipality. See Commission of Enquirt. 
 Into origin of fires. Sie Fires. 
 
 INVESTMENT. 
 
 Of surplus funds by Municipality for special purposes in real estate, 212. 
 In loans to School Trustees, 213. 
 Heretofore made, legalized, 212, 
 By Boards of School Trustees, 213. 
 
 JOINT STOCK ROAD COMPANIES. 
 
 Permission to commence operations and impose tolls -may be granted to 
 
 or withheld from, by Municipal Councils, 269. 
 Municipality to regulate the completion and examination of work, 269, 270. 
 When to commence work, and mode of procedure, 270. 
 Municipality may take stock in and lend money to, and provisions 
 
 respecting, 261, 272. 
 
 JUDGE.— See County Judge. . ' 
 
 JUNIOR COUNTY. 
 
 Of union, which is, 35. 
 
 See Provisional CoRroR.\TiONS. / 
 
 JUNIOR TOWNSHIPS. 
 
 What, 32, 33. . ^ , 
 
 JURORS. 
 
 For Recorder's Court, 323, 324. . „ 
 
 Not liable to challenge as being member or officer of Corporation, 3i«. 
 Exemptions of citizens as, when, 329 
 . On Coroner's inquests.— 5fe CoEONBES. 
 
 JURY. ■; .-_,../;,: 
 
 May try issue as to contested election, 99. 
 See Jurors. 
 
 JUSTICES OF THE PEACE. 
 
 Twelve at least to be appointed for Junior County, 39. ♦ 
 
 No jurisdiction out of his own County, 156. . o m oor 
 
 Certain powers of, respecting roads transfer .d to County Councils, 285. 
 Qualification in general, 316. 
 Heads of Councils and Aldermen to be, 315. ' , i, 
 
 Qualification in such cases, 315. 
 
C56 
 
 INDEX. 
 
 JUSTICES OP THE "PEACE— (continued). 
 
 Commissions to ccaso when town erected into city, 315. 
 For County, to have no jurisdiction in Cities, 316. 
 
 Except where oflFence committed in County, 316. 
 
 Jurisdiction of, in Towns, 316. 
 For Towns, Governor may appoint, 310. 
 Duties of, as to holding of public meetings, 484. 
 Duties and fees as to appointment of fence viewers, &c. 
 
 Sea Line Fences and WATEECOuasES. 
 Duties under act to prevent unlawful training, &c. 
 
 See Unlawful Training. 
 Duties and fees under Act for protection of sheep. 
 
 See Doo Tax. 
 
 KENT, COUNTY OP. 
 
 To consist of certain Townships, &o., 547. 
 
 LAKES AND RIVERS. 
 
 Limits of Townships when bounded by, 550. 
 
 LAMBTON, COUNTY OP. 
 
 To consist of certain Townships, 547. 
 
 LANARK, COUNTY OF. 
 
 To consist of certain Townships, &o., 510. 
 
 LAND. 
 
 Meaning of, in Municipal Act, 344. 
 In Assessment Act, 353, 355. 
 
 LANDLORD AND TENANT. 
 
 Respective obligations as to taxes, 369, 370. 
 
 When tenants may deduct taxes from rent, 369, 370. 
 
 Lessee, when not an occupant, not assessable, 369. 
 
 LANDMARKS.— iS<;fi Boundaries. 
 
 •' LEASEHOLD." 
 
 Defiiiition of, as regards qualification, 55. 
 
 LEEDS, COUNTY OP. 
 
 To consist of certain Townships, &c., 541. 
 
 LENNOX, COUNTY OP. 
 
 To consist of certain Townships, 542. 
 
 LENNOX AND ADDINGTON, COUNTIES OF. 
 May raise money to buy seed, 597. 
 
 LIBERTIES. 
 
 Of Cities, abolished, 28. 
 
 .LICENSE INSPECTORS. 
 
 By-laws for appointing and fixing duties, &Q., of, 202. 
 
 Remedy against, by mandamus, refused, 202. 
 
 May be paid by fees, 202. 
 
 May endorse permission on licenaea for certain purposes, 202. 
 
INDEX. 
 
 657 
 
 LICENSES. 
 
 When not required to be renewed, 204. « 
 
 Fees for, to belong to Municipality, 204. 
 
 See By-Laws — Cabs — License Inspectoe — Shop Licbnses — Tavkbn 
 Licenses— Transient Teadbrs. 
 
 LICENSE OP OCCUPATION.— 5ee Ceown Lands. 
 
 LIGHTING STREETS. 
 
 Local rights for, 278. 
 LIMITATION OP ACTIONS.— Se« Cobpoeations, Municipal— Cecbity to 
 
 Animals— Unlawpol Teaininq. 
 
 LINCOLN, COUNTY OP. 
 
 To consist of certain Townships, &c., 549. 
 
 LINE FENCES AND WATEIUCOURSES. 
 
 Each party to make and repair portion, 565. 
 Meaning of lawful fence, 666. 
 Not to be removed, except on certain conditions, Obo. 
 When vacant land enclosed, 565. ere * 
 
 Water fences to be made in equal proportions, &t)&. 
 Lands divided by a stream, 666. 
 When ditches or water-courses may be opened, oob. 
 Three fenee-viewers to decide disputes, 560. 
 Award of, to be in writing, 666. 
 What to determine, 566. ^ 
 
 To attend, on notice, and investigate, 5b6. 
 As to time of opening ditches, 567. ■ 
 
 When award may be reviewed, 567. 
 Refusal to perform award of, as to fences, 667. 
 As to ditches or water-courses, 567. 
 Party in default to pay, 667. 
 Proceedings to ascertain amounts to be paid for, 6b». 
 A J. P. to summon three fence-viewers, and how, 
 
 Party in default, 668. 
 Witnesses to be summoned and sworn, 5b», ow. 
 Majority to decide, 669. , .^r. - 
 
 Decision, if no previous award, 50J. 
 Award to be sent to the /. P., 569. • 
 J. P. to send same to Clark of Peace, 569. 
 Execution after forty riays, 569. 
 Fees to fence-viewers, 570. 
 To justices, 670. 
 
 To baiiifif or constable, &<u. ,.,;,, 
 
 Disbursements, 670. 
 SeeFBSCTi. • - 
 
 LIQUORS, SPIRITUOUS. . 
 
 Interpretation of the word " hquora, 201. 
 
 Sale of, may be prohibited m <>^jX^''^See Bbov Lioensbs-Tavken 
 
 Regulations for sale of, m general. -^ee anvi 
 
 Licenses. , 
 
 May not be sold in gaols, 583, &84. 
 
 42 
 
 508. 
 
G58 
 
 INDEX, 
 
 H 
 
 LIST OP LANDS. 
 
 « Granted by crown, to bo sent to treasurer, 414. 
 In arrears for taxes, 416. 
 
 LOAN FUND.— iSce Consolidated Ivjlunioipai. Loan Fund. 
 
 LOCAL IMPROVEMENTS. 
 In Cities — 
 
 By-lavs for ascertaining and assessing property for, 243. 
 Application to set aside, 243, 
 Conditions requisite to validity of, 245, 24G. 
 When funds provided by private persons, 244. 
 Conditions upon which may be undertaken, 244, 
 Debentures for, 246, 
 To whit works provisions shall apply, 246. 
 
 Jn Cities, Towns, and Incorporated Villages — 
 
 By-laws for lighting, watering and sweeping streets, 278. 
 Preventing obstructions in Rtreets, 278. 
 Removal of door-steps, porches, &o., 278. 
 Surveying and making boundaries for streets, dec, 278. 
 
 In Towns, and Incorporated Villages — 
 
 Local rates for pavements, 277. 
 
 In Counties — 
 
 Local rates for special improvements in one or more townships, 237 
 Petition for, and notice of by-law necessary, 288. 
 
 LOCK-UP HOUSES, 
 
 Meaning of, 838, 
 
 May be established by County Councils, 838. 
 
 Constatable to be placed in charge of, 838. 
 
 Who may be confined in, 338, 839. 
 
 Extent of confinement in, 838, 
 
 Expense of conveying and maintaining prisoners, 339. 
 
 Previous, to continue, 839. 
 
 For persons sentenced to short imprisonment, 839. 
 
 See Gaols, 
 
 LOTTERIES, ' . 
 
 Penalty for making or publishing, 631, 
 
 For buying or receiving tickets for, 632, 
 
 Committal for non-payment of, 532. 
 Sales or gifts founded on, vo: J, 631. 
 
 Except aa to purchasers without notice, 632, 
 Act to extend to foreign lotteries, 632, 
 
 Not to bona fide division of property by lot, 533. 
 
 Nor when for charitable objects, 586. • 
 Appeal from convictions, 633. 
 Interpretation clause, 632. 
 
 LUNATIC. ' 
 
 Title to lands of— How acquired, 260. 
 
INDEX. 
 
 659 
 
 MACHINERY. 
 
 Act to prevent accidents from, 678. ■* 
 
 Guards to be erected aboat, 678. 
 To be examined, and by whom, 678. 
 
 Certificates as to sufficiency of guards, 579. ^ ^ 
 
 ' Penalty forneg';' ting to erect guards, 579. '^ 
 
 MAGISTRATE. See Justick of the Pbacb. 
 
 MALT. 
 
 Standard weigl c of, 482. 
 
 MANDAMUS. 
 
 Costs of, in disorrtion ot Court, 164. 
 
 Rule as to, at Common Law, 164. 
 On head of Council to appoint arbitrator, 297. 
 To compel Council to act in road matters, 258. 
 See Contested Elkotions, 
 
 MANURE. , 
 
 Vehicles carrying, from cities and towns exempt from tolls, oZo. 
 
 MARKETS. . 
 
 By-laws for establishing and regulating, and sales therein, 229, 230, «31. 
 
 MARRIED WOMEN. 
 
 Title to lands of, how acquired, 260. 
 
 MAYOR. , , < V 
 
 To be head of City Council, 49, 85. 
 
 Of Town Council, 50, 85. , . , 
 
 Qualification, 54, 65, 81. . . 
 
 Election of.— -See Elections. 
 
 Declaration of office and qualification, 83, 84 
 
 Duties of, in general, 85. ' , 
 
 Refusal to sign and seal papers, 86. 
 Misapplication of funds, 86. 
 • Dealing in City debentures, 86, 164. 
 See Cities— Towns. 
 
 MEASURES.— /See Weights and Mkasuebs. 
 
 MEETINGS OF COUNCIL.— /See Councils, Municipal. 
 
 MEETINGS — See Public Mbbtinqs— Uhlawful Teaininq. 
 
 MIDDLESEX, COUNTY OF. 
 
 To consist of certain Townships, &c., 547. 
 
 MILLS. . ,,- 
 
 Only one-twelfth to be taken for grinding, Sc, 6&». 
 
 Penalty for transgression, 558. 
 Bags must be marked, 558. 
 As to mill-ponds oyerflowing lands, ob^. 
 See MiLLDAMS. ' 
 
660 
 
 INDEX. 
 
 MILLDAMS. 
 
 Mill-owners to constniet aprons to dams, 558. 
 
 Penalty fov neglect, and appropriation of, 658. 
 Slide to pass logs, 659. 
 Slash-bo ards and waste-gates, 659. 
 Slides not necessary on small streams, 559. 
 
 Penalties for refusal to make, 559. 
 As to dams in the County of Huron, 659. 
 On river Moira, 660. 
 
 Penalties for oontravention, 560, 561. 
 Apron constructed before certain date, 561. 
 On river Otonabee, 661. 
 When dams injured by floods, 561. 
 Persons using streams, not to injure, 562. 
 As to millponds overflowing lauds, 562. 
 
 MINORS.-./S'ee Infants. 
 
 MINOT. 
 
 Meaning of, 488. 
 
 MISAPPROPRIATION. 
 
 Of municipal funds— Liability, 211. 
 
 MISDEMEANOR. 
 
 Definition of, 42, 71. 
 Punishment of. — See Penalties. 
 
 MISTAKE IN NAMES OF VOTERS, 54, 61. 
 
 MOIRA RIVER. 
 
 Legulations as to milldams on. See Milldams. 
 
 MONOPOLIES. 
 
 Contrary to policy of law, 162. 
 What, 162. 
 Prohibited, 162. 
 
 Except as to ferries, 1 62. 
 By-laws for preventing, 230. 
 
 MORTALITY, BILLS OF. 
 
 By-laws for providing, 233. 
 
 MUNICIPAL ACT, 
 
 Commencement of, 846. 
 
 MUNICIPAL COUNCILS.— 5«« Councils, Municipal. 
 
 NEW MUNICIPALITIES. 
 
 Erection and constitution of, 21. 
 
 Prospective application of sees. 8 to 13, inclusive, 21. 
 
 See iNCOBroBATED Villages— -Towns. 
 
 NOI^-RESIDENT LAND. 
 
 Meaning of term, 868. 
 
 Land of railways not considered as, 854. 
 
INDEX. 
 
 661 
 
 NON-RESIDENT LAND FUND 
 
 Established in each County, 440. . , . 
 Of what to consist, 440. ' 
 
 Treasurer to open account for, 441. i ' 
 
 Appropriation of money from, 443. , 
 
 Debentures may be issued on credit of.— See Debentdeks. 
 Surplus of, how divided, 444. 
 
 Treasurer's per centage on, 444. ., ... 
 
 Annual statement to be submitted to County Council, 444. 
 What it shall show, 444. 
 Copy to be sent to Provincial Secretary, 444. • 
 
 NON-RESIDENTS. i 
 
 Assessment when owner known, 3G8. _ 
 
 Only to be made m his name on request, 8b&, Qbo, 6t\). . 
 
 If unknown, 368. 
 Effect of being rated as, 868. 
 Assessor to note on register, if required, 370. ^^ ., . 
 
 Effect of omission, 370. 
 Assessment when owners have not sent in ^^^" J"^^^^^ ^J±^. „ o^<, 
 
 To be a separate heading for " non-resident land assessment, 37d. 
 
 If land not known to be divided into lots, 873. 
 
 If known, 373. 
 Notice of, and value to be sent to, by assessors, 8< 9. 
 
 Appeal from assessment to County Judge or Recorder, 892. 
 Liability for statute labour.— See Statute Labour. 
 Collection of rates and taxes from, 405. i. ' 
 
 Collector's roll of taxes on, 405. 
 
 Procedure upon, 405. „,,.,. ac\p 
 
 To be sent to Treasurer or Chamberlain, 40b. .5 
 
 Consequences of neglect, 406. 
 Demand of taxes to be posted to, 407. 
 
 When condition precedent to distress, 4U/. 
 
 When collector may distrain, 409. ,,,..„„ 
 Occupied land not to be deemed land of, 409. 
 
 On occupied land of, when no sufficient distress, 419 420. 
 
 Statement of arrear's to be sent by local to County Treasurer. 416. 
 
 When owners not rated at their own request, 420. 
 
 If there be distress, Treasurer to order levy, 4^&- 
 
 Duties and liabilities of Treasurer and Collector, 425. 
 
 On separation of union of Municipalities, 441. 
 
 On formation of new Municipality, 44-. 
 
 Arrears of taxes in Cities and Towns, 446. 
 
 See Non-Residbnt Land Fund. 
 NORFOLK, COUNTY OF. 
 
 To consist of certain Townships, &o., 548. 
 
 NC'THUMBERLAND, COUNTY OF. ;^ 
 
 To consist of certain Townships, 542. 
 
 '•""Tc.tr'o W.-CO..0...O.. M,..»«-Po™.- 
 
 KEEPERS. 
 
662 
 
 INDEX. 
 
 NOTICES, WRITTEN. 
 
 By-laws for protecting, 210. 
 Penalty for tearing down, 457. 
 
 NUISANCES. 
 
 What are, 232. 
 
 By-laws in Cities, &o., for preventing, 232, 233. 
 
 Regulations in Police Villages as to rubbish in streets, <&c., 250. 
 
 NUMBERING HOUSES AND LOTS. 
 By-laws for, 235, 236. 
 
 OATHS. 
 
 Who may administer, 130, 319. 
 
 To be subscribed and kept, 130. 
 
 Difference between deponent, declarant and affirmant, 131. 
 
 Meaning of word, 343. 
 
 See Abbitbation — By-laws — Official Declabation. 
 
 OATS. 
 
 Standard weight of, 482. 
 
 OBSTRUCTION. 
 
 By-laws for prevention of, in streams, &c. See Streams. 
 For prevention and removal of in cities, &c., 228, 278. 
 For removal of trees obstructing highway?, 287, 289. 
 
 OFFENCES. 
 
 Against by-laws. — See By-Laws. 
 
 OFFICE. 
 
 Acceptance of, obligatory, 131. 
 
 OFFICERS. 
 
 To continue in certain cases, 30. 
 Appointment of provisional, 37. 
 
 When these appointments become absolute, 43. 
 Not to be members of Council, 56, 57, 58. 
 How affected by separation of Counties, 46 
 Remuneration to — How settled and paid, 127. 
 
 Does not include Councillors as such, 127. / 
 
 Nor Warden, 127, 128. 
 To hold office till removed by Council, 128. 
 To perform all duties required by statute or by-law, 128. 
 To assist sheriffs in collecting rates to pay executions, 167. 
 Appointment of certain, by by-law, 188, 189. 
 
 Should appointment be under seal, 189. 
 Security to be given by Treasurer, Chamberlain and Collector, under 
 Assessment Act, 446. 
 Bond with two or more sureties, 446. 
 
 Form of, and to whom to be made, 447. 
 
 Liabilities of members for neglect as to sufficiency of sure 
 ties, 447. 
 Effect of omission to give security or make declaration, 446. 
 Declaration of office by. — See Offcial Declarations. 
 
INDEX. 
 
 663 
 
 ler 
 
 ire 
 
 OFFICERS— (continued). 
 
 Punishment of Clerks, Assessors and Collectors failing to perform, or 
 fraudulently performi'^ ^ duties, 447, 448. 
 Object and scope of these provisions, 447, 448, 449. 
 Forfeiture of ofiBce, what works a, 449. 
 Penalties upon, in various cases.— -See Pbnaltwb. 
 See AssBSSotts-AxTDiTOES- Chambeblain- Colibotoes- Constables— 
 CtEBK OP THE Peace- Clbeks opCoukoils, &o.— Pence Viewbks— 
 High Bailiff— Inspectobs — Ovebsbees o» Hwhwats- Pound- 
 
 KEBPEES— TbBASUEEB— VaLUATOBS. 
 
 OFFICIAL DECLARATIONS. 
 
 Of property qualification, 128. 
 
 Form of, 128. 
 
 Councillors to make, before electing Reeve, 1548. oo q- loo 
 
 Of due execution of duties by members of Council and officers, 8d, sa, i-v 
 
 Form of, 129. 
 By auditors, 129. 
 
 Form of, 130. 
 Before whom to be made, 83, 85, loO- 
 
 Certificate of making, 130. 
 Who may administer, 130. 
 To be subscribed and kept, 131. 
 Penalty for refusing to take, 431. 
 
 See Oaths. 
 
 ONTARIO, COUNTY OF. , . 
 
 To consist of certain Townships, 544. 
 
 ORCHARDS. 
 
 Roads not to encroach upon, 255. 
 
 OTONABEE, RIVER. ^ 
 
 Regulations as to mill-dams on, 562. 
 
 ORDNANCE LANDS. 
 
 Divided into two classes, 254. i e,^ „„ oRd 
 
 Councils not to pa^s by-laws afifecting roads, &c., on, Zbi. 
 
 Unless by consent of proper authority, 264. 
 
 By-laws must recite consent, &c., 254. 
 
 OVERSEERS OF HIGHWAYS. 
 
 OWNER. '• 
 
 Meaning of the word, 367. 
 
 OXFORD, COUNTY OF. 
 
 To consist of certain Townships, Ac, 648. 
 
 PARKS. 
 
 By-laws for establishing, &c., 239. 
 
664 
 
 INDEX. 
 
 PARLIAMENTARY ELECTORS. 
 Qualification of, 64. 
 
 PARTNERSHIP PROPERTY. 
 
 How to be assessed, 375, 37G. 
 
 PAVEMENTS. 
 
 Local rates for, 277. 
 
 PEAS. 
 
 Standard weight of, 482. 
 
 PEDDLERS. 
 
 By-laws for licensing, 224. 
 
 PEEL, COUNTY OF. 
 
 To consist of certain Townships, Ac, 544, 
 
 PENAL ACTIONS. 
 
 Jurisdiction of County Courts, 450. 
 Compromise, when allowed, 450. 
 Verdict of jury final in, 450. 
 Damages not recoverable, 450. 
 
 PENALTIES. 
 
 In what Courts may be sued for. 71. 
 
 Application of, 157, 312. 
 
 Jurisdiction of Mayors and Police Magistrates over, 158. 
 
 By-law for inflicting and enforcing, 190. 
 
 Collecting, by distress, 190. :■ 
 
 Imprisonment if penalty cannot be collected, 191. 
 
 Recovery of, when not otherwise provided for, 457. 
 
 To be paid to Treasurer or Chamberlain, unless otherwise provided, 457. 
 
 For refusal to accept office, 131. 
 
 For tearing down notices. See Notices. 
 
 See Assessment — Assessors — Collectors — Crueltt to Animals — Feuries 
 
 — High Bailiff — Machinery — Milldams — Mills — Officers — Poliof. 
 
 Trustees — Pounds and Pound-keepers — Public Health — Roads, <t'c. 
 
 — Sheriff — Weights and Measures. 
 
 PENDING PROCEEDINGS. 
 
 For or against Municipal Corporations to continue, 34<: . 
 
 PERJURY. 
 
 Wilful false declarations to be, 343. 
 
 PERTH, COUNTY OF. 
 
 To consist of certain Townships, &c., 543. 
 
 PETERBOROUGH, COUNTY OF. 
 
 To consist of certain Townships, 643. 
 
 PIGS. 
 
 Liabilities of owners of, for damage done by, 304. 
 Road companies may impound, if found on road, 304. 
 
INDEX. 
 
 665 
 
 POLICE. 
 
 By-laws for establishing, &c., 239. 
 Meaning of word, 239. 
 Constitution of, 333. 
 
 See Chief Constable— Constables— Police Commissionbhs- Police 
 MAGtsTRATE— Police Officer— Special Constables. 
 
 POLICE COMMISSIONERS. 
 
 Board of, in each City, 332. 
 
 How constituted, 332. _ 
 
 Powers of, to examine witnesses, 332. 
 
 Quorum of, 333. 
 
 To appoint policemen, 333. 
 
 To make regulations for police, 334. 
 
 To fix remuneration to and expenses of force, 334. 
 
 Council bound to supply means, 334. ' 
 
 Mandamus in default, 334. __ 
 
 May pass by-laws for issue of shop and tavern licenses, 19- 
 
 POLICE COURT.— S'ee PoiicE Office. 
 
 POLICE MAGISTRATES. 
 
 One for each City and Town of certain population, 321. 
 To hold office during pleasure, 322. 
 Who to appoint, 322. 
 Salaries of, 322. 
 
 To be in li^u of fees, 322. 
 
 Action for, against Municipality, 322. 
 To be ex officio J. P. for City or Town and County, 322. 
 Governor may appoint in Counties, &c., in U. C, 595. ^ 
 
 Need not have property qualification, 595. 
 
 Powers of, 596. -<• 
 
 To keep minutes of proceedings, 596. 
 
 Application of moneys from penalties, 596. 
 
 Appointment of constables for, 596. 
 
 May be punished for disobedience, &c., 596, 
 
 POLICEMEN, _ 
 
 See Chief Constable — Constables- Special Constables — Police 
 
 Magistrates. 
 POLICE OFFICE. 
 
 To be established in every City and Town, 319. 
 Who to preside, 319. . :, o.o 
 
 Sittings at, not to be held on certain days, i\3. 
 Clerk of, who to be, and his duties, 323. 
 POLICE TRUSTEES. 
 
 Three to be elected in Police Villages, 53. , 
 
 One of whom to be Inspecting Trustee, and how appointed, 53, 247. 
 Election of.— 5ee Elections. 
 
 Qualification of Trustees, 54, bo. 
 Of electors.— -See Electors. 
 Vacancies, how to be filled, 247. 
 Penalty for breach of duty, 247. 
 
 Limitation of prosecutions for, ZiS. 
 
666 
 
 INDEX. 
 
 POLICE TRUSTEES— (con<in«ed). 
 
 To sue for penalties, and how, 248. 
 To be Health Officers for Villages, 248. 
 To enforce regulations respecting : — 
 
 Fires and prevention, 249. 
 
 Gunpowder, 250. 
 
 Rubbish in streets, &c., 250. 
 See Police Villaqes. 
 
 POLICE VILLAGES. 
 
 Trustees of existing, continued, 18. 
 Police regulations to be enforced through Trustees, 21. 
 Have not corporate seal, or by-laws, but regulations only, 21. 
 Constitution of new, on petition to Couu*y Council, 21. 
 Trustees of.— See Police Teustees. 
 
 POOR. 
 
 By-laws for relief of, in Townships, 215. 
 
 In Cities and Towns, 240. 
 Different classes of, 240, 340, 341. 
 
 Difference here and in England as to classes, and relief of, 215, 240. 
 Indigent— Asylum for, 340, 341. 
 
 POSSE COMITATUS. 
 Meaning of, 318. 
 Mayor may call out, 318. 
 
 POTATOES AND OTHER ROOTS. 
 
 Standard weight of, 482. 
 POUNDAGE See Sheriff. 
 
 POUNDS AND POUND-KEEPERS. 
 
 Position and duties of Pound-keepers, 302, 
 Entitled to notice of action, 303. 
 By-laws for appointment of Pound-keepers, 
 For providing Pounds, 302 
 
 For restraining animals running at lav^o. •;>. • 
 
 For appraising damage done by anima'f J. 
 For determining compensation for services, 30o. 
 Pigs found on roads of joint-stock Companies, 301, 305. 
 What animals may be impounded, 304. 
 
 Under what circumstances, 304, 305. ^ 
 
 When Pound-keeper liable for trespass, 305. 
 When common Pound is not safe, 305. 
 Owner of animal entitled to, on giving security, 306. 
 Impounder to deposit poundage fees, <&o., 306. 
 And give statement of damage done, 806. 
 Agreement for costs, &c., with Pound-keeper, 306. 
 When animal may be retained by finder, 306. 
 Notice to owner if known, 306. 
 
 To Township Clerk if unknown, 307. 
 Clerk to enter in book, and post notice, 307. 
 If animal worth more than ten dollars, 307. 
 Of sale, 307,308. 
 
667 
 
 INDEX. 
 
 POUNDS AND POUND-KEEPING— (con<m«erf). 
 
 Sale- 
 Notice of, to be given, 307. 
 
 How to be Riven, and statement in, 308. , " 
 
 Wlien to be made, 807. 
 
 Conditions precedent to, and how cflfected, 309. 
 Purchase money, how applied, 309. 
 Feeding impounded animals, 308. 
 
 Liability of keeper neglecting to feed, 311. 
 Reimbursement to persons so doing, 808. 
 Fees and allowances may be recovered, 808. 
 By summary proceeding before J. P., 809. 
 By sale, and how, 309. 
 Damnges, disputes as to, how determined, 310. 
 Fence-viewers to appraise, 310. 
 Decision of, final, 310. 
 
 If they decide against legality of fence, 311. 
 Penalties— Recovery and enforcement of, 311. 
 Imprisonment on default of payment, 311. 
 
 Inconsistencies of this with other sections, 311. 
 
 PRINCE EDWARD, COUNTY OP. 
 
 To consist of certain Townships, 542. 
 PRESCOTT, COUNTY OF. 
 
 To consist of certain Townships, 639. 
 
 PRISONS.— /See Countt Buildings— Gaols. 
 
 PRISONERS. 
 
 EflFect of separation of Counties on, 41, 42. 
 
 PRIVY VAULT. 
 
 By-laws for regulating construction of, 232. 
 
 PROCLAMATIONS BY GOVERNOR. 
 
 Should be under Great Seal, 33. 
 PROMULGATION OF BY-LA W.-^ee By-laws, 150. 
 
 PROVINCIAL MONEYS.— 5ef Public Moneys. 
 
 PROVISIONAL CORPORATIONS OF COUNTIES. 
 
 Corporate name of, where formed of J"°'°' bounty, 19. , 
 
 . How and when separation of a junior County effected 36. 
 Place of meeting and presiding officer to be appointed, db. 
 County Town to be settled, 36. . 
 
 Officers (Warden, Treasurer, &c.l to be appointed, 6i. 
 
 Warden— His term of office, duties, &c., 61. 
 
 Treasurer, Ac.- Tenure of office, 37. ^•„*„j oq 
 
 Judges' Sheriffs, and other County officers to be appointed, 89. 
 
 How only sureties to be affected by separation, 40. 
 Purchase of land for Court House and Gaol, «J7. 
 
 Erection thereof, 37. 
 Powers of union not to be interfered with, 3/. 
 
668 
 
 INDEX. 
 
 PROVISIONAL CORPORATIONS OP COV^TIES— (continued). 
 
 Debts and assets of union— Agreement with senior County as to, 37, 38. 
 
 Provisional Councillors not to vote on question affecting, 38. 
 
 Arbitration in case of disagreement, 88. 
 
 How debts to be paid and property divided, 38, 39, 44, 45, 46, 47 48. 
 When and how separated by proclamation, 39. ' 
 
 Effect of separation as to oflScers of united Counties, 40. 
 Property, how divided, 40. 
 
 As to executions and service of writs by sheriff, 40. 
 Venue after separation, 41. 
 Place for holding courts after separation, 41. 
 
 Persons in prison— Indictable offences— How to be disposed of, 41, 42. 
 When to become absolute, 43. 
 
 By-laws, debts and rates of union after dissolution, 44, 45, 46, 47, 48. 
 Collection and disposal of money for, in junior County, 124, 125. 
 
 Demand of, before suit for, 126. 
 See ConpoBATiONs, Municipal — Codnoils, Munioipai.. 
 
 PROVISIONAL COUNCIL. 
 Who to compose, 53. 
 See Councils, Municipal— Provisional Cobpo rations. 
 
 PUBLIC EXHIBITIONS. 
 
 By-laws for preventing or regulating, 208, 222. 
 
 PUBLIC HEALTH. 
 
 By-laws for preservation of, 191, 233. 
 Act of Canada respecting preservation of, 475. 
 May be put in force, and when, 476. 
 Effect of proclamation, 476. 
 Central Board of Health may be appointed, 476. 
 Duration of, 476. 
 May issue regulations, 477. 
 To authorize Local Boards to perform duties, 477. 
 Local Board of Health may be constituted, 476. 
 
 Duration of, 477. 
 Parties may be removed from dwellings, and when, 478, 
 To what places provisions extend, 478. 
 How long, 478. 
 Members of Local Board to be Health Officers, 478. 
 
 Powers of, 478. 
 Expenses of Central Board, 479. '^ 
 
 Of Local Board, 479. 
 \ Regulations of Central Board to be sanctioned by proclamation, 479. 
 Local By-laws thereby suspended, 479. 
 Proclamation to be published, 479. 
 
 And laid before Parliament, 479. 
 Penalties for obstructing proceedings under Act, 480. « 
 
 Application of, 480. 
 Proceedings not removable or void for informality, 480. 
 Interpretation clause, 481. 
 Act of Upper Canada respecting, 575. 
 
 Health officers may examine premises, 575. 
 If found unclean, order to cleanse, 576. 
 
 In case of neglect or refusal, 676. " " ' 
 
 Penalty for disobedience, 576. 
 
INDEX. 
 
 6C9 
 
 PUBLIC EEALTE— {continued). 
 
 > In case of malignant diseases in crowded places, 670. 
 
 See Health Officers. 
 
 PUBLIC MEETINGS. 
 
 Act respecting orderly calling and holding of, 483. 
 What meetings within Act, 484. 
 Manner of bringing within Act, 485, 48r), 487. 
 Sheriff, &c., to give certain notices, 487, 488. 
 
 To attend meetings, 488. 
 Chairman to read requisition, &c., 488. ' t 
 
 To keep order, 488. 
 
 Call in assistance, 489. 
 
 Swear in special constable, 489. 
 
 Persons refusing to be punished, 489 
 Justices may disarm persons, 489. 
 Weapons to be returned, and when, 490. 
 
 If accidentally lost, 490. 
 Persons guilty of battery within two'miles of meeting, 490. 
 No one to approach armed within two miles, 490. 
 Persons guilty of lying in wait, 491. 
 Actions to be brought within twelve months, 491. 
 
 PUBLIC MONEYS OF THE PROVINCE. 
 
 How to be collected and paid over, 453. 
 
 Treasurer and Chamberlain responsible for, 453, 455. 
 
 Counties, &o., responsible for, 456. 
 
 PUBLIC WORKS. 
 
 Purchase of, by County Councils, teom Government, authorised, 175. 
 By-laws for, to be passed, and how, 175, 176. 
 
 Do not require assent of electors, 177. 
 Purchase of claims due to Government, 177. 
 Jurisdiction as to and transfer of roads by Municipalities. See Roads, &.(" 
 
 PUNISHMENT.— 5ee Penalty. 
 
 QUARTER SESSIONS. 
 
 Of County may be held in Cities, 316. 
 Jurisdiction of, 320, 321. 
 When to be held, 323. 
 
 QUALIFICATION. • 
 
 See Councils, Municipal— Electors, Municipal— Electors, Parlia- 
 MENTART— Justices of the Peace. 
 
 QUASHING BY-LAWS.— &e By-Laws, 145, et seq. 
 
 QUORUM.— See Councils, Municipal, 112. 
 
 QUO WARRANTO SUMMONS.— /See Contested Elections. 
 
 RAFFLES.— /See Lotteries. 
 
 RAFTS.— /See Timber. 
 
670 
 
 INDICX. 
 
 RAILWAY COMPANIES, 
 
 Municipal Councils may pass by-laws for taking stock in, and guaran- 
 teeing debts of, 293. 
 Subscription for stock may be conditional, 293. 
 For endorsing and guaranteeing debentures, 291. 
 For issuing debentures, and terms of, 294. 
 Form of, 294. 
 
 To be confirmed by t le, 294. 
 When valid without corporate seal, 294. 
 Authorizing Branch Railways, 295. 
 Head of Council when to be a Director of, 295. 
 Assessment of lands of — 
 
 Land of, considered as resident lands, 854. 
 
 To transmit statement of land value, &c., to Clerk of Municipality, 
 872. 
 Form of, 373. 
 
 Clerk to communicate same to Assessor, 872. 
 Assessor to send statement of assessment to Company, 372. 
 
 Necessity for this provision, 373. 
 Superstructure on land not taxable, 372. 
 To be according to average value in locality, 872. 
 
 RATE-PAYER. 
 
 Meaning of, 126. 
 
 RATES. 
 
 To be levied yearly to pay debts. See Debts. 
 Account of, how to be kept. See Debts. 
 Valuation for County rates. See County Rate. 
 In general. See Assessment — Special Rate— Taxes. 
 
 RECEIVER GENERAL. 
 
 Collection and payment of public moneys to, 453. 
 
 Treasurers and Chamberlains responsible for, 455. 
 See Returns. 
 
 RECEIPTS FOR TAXES. 
 
 To be in triplicate, 445. 
 
 RECOGNIZANCE. 
 
 By relator, 93, 463. 
 
 RECORDERS. 
 
 Qualification of, 321. 
 Salary of, 321. 
 
 To be paid from fee fund, 821 . 
 Ex officio, J. P. for City and County, 822. 
 Investigations by, under resolution of City Council, 825. 
 
 As to what matters, 325. 
 
 To have powers of Commissioners as to public matters, 325. 
 What those powers are, 325, 
 
 To report to Council result, 325. 
 When may not practice, 327. 
 
INDEX. 671 
 
 RECORDER."^ -(conimMcrf. ) 
 
 To hold .)ivi8ion Courts in Cities, 326. 
 Pc wers of County Judge, 326. 
 Powers nnd liabilitleB and duties of, 327. 
 May not act as conveyancers, 827. 
 Governor to fix salary for, and liow paid, 326, 827. 
 Absence of provided for, 827. 
 May appoint deputy for one month, 327. 
 
 Form of appointment, 827. 
 
 Governor may supersede and appoint another,. 329. 
 
 RECORDERS COURTS. 
 
 To be one in every city, 320. 
 
 Who to preside, 820. , 
 
 Jurisdiction of, 820, 321. . 
 
 Sessions of— Four in each year, and when, 323. 
 
 Clerlts of— Who to be, nnd duties of, 828. * 
 
 Salaries of, 823. 
 
 Who to appoint, 823. 
 Jurors— Who and how many,' 323, 324. 
 High-bailiff to summon, 324. , 
 
 Duties of, may be done by deputy, 824. 
 Costs of persons acquitted, and how paid, 324. 
 Expenses of, to be paid out of Consolidated Revenue Fund, 324. 
 See Recobder. 
 
 REEVES. 
 
 County Council to be composed of, 49. 
 To be heads of Townships and Incorporated Villages, 60. 
 In Towns — When Reeve and Deputy-Reeve to be added, 50. 
 In Incorporated Villages, and when Deputy, 50. 
 In Townships, and when Deputy, 51. 
 
 Certificate and declaration to be filed by, on taking seat at County 
 Council, 51. 
 
 Duties of County Clerk respecting, 51. 
 
 Requisites and form of, 52. 
 
 To be given by Township Clerk, &o., 51, 52, 53. 
 Who is to make certain declaration, 52. 
 
 Course of Council if declaration irregular, 53. 
 Qualification of, 54, 55, 81. 
 Election of, to be by general vote, 69, 81. 
 
 For proceedings at Elections. See Elections. 
 To preside at meetings of Council, 114. 
 Ex-officio Justices of the Peace, 315. 
 
 See Councils, Municipal. 
 
 REGISTRAR. 
 
 To be appointed for junior County, 39. 
 
 Office of, to be kept in County Town, 89. 
 
 Duties of, as to registration of certain by-laws, &c. See Debesxubes. 
 
 County Treasurer to provide books for, 599. 
 
 If be neglect, 600. 
 County Judge or Warden to certify books, 600. 
 
672 
 
 IXDEX. 
 
 KEQiaTViAVL— (continued). 
 
 When change made in territorial divisions, 600. 
 
 Certain boolis to be transferred, 600. 
 
 Statement from general office, COO. 
 
 Refusal to make transfer, &c., 601. 
 On resigning, &c., to give up books, &o., 601. 
 On receiving memorials from another County, 601. 
 When any book becomes unfit for use, 601, 602. 
 Registrar to make abstract and index, 602, 603. 
 How deeds to be registered after Ist January, 186G, 603. 
 Recovery of foes from Municipal Corporations, 603. 
 Inspector of Registry Offices, 604. 
 Schedules, 605, 606. 
 
 REGISTRATION OP DEBENTURES.— /Sse Debestcbes. 
 
 REGISTRY OFFICE. 
 
 Duties of Municipal Councils as to, 188. 
 See Reoistbab. 
 
 RELATOR.— /See Contesved Elections. 
 REMUNERATION TO OFFICERS.— 5ee Officers. 
 
 RENFREW, COUNTY OF. 
 
 To consist of certain Townships, 540. 
 
 REPAIR OF ROADS, &o.— /See Roads, &c. 
 
 REPEALING CLAUSE (Municipal Act). 
 
 Certain schedules of former Municipal Acts excepted from, 344. 
 
 Of inconsistent provisions, 346. 
 
 Efiect of repeal of former statutes, 846. 
 
 REPEALING CLAUSE (Assessment Act). 
 
 Certain Acts repealed, 457. 
 REPORTS.— /See Rbtcbns. 
 
 "RESIDENT." 
 
 Meaning of, 60. ■ 
 
 RESIGNATION. 
 
 Of members of Council, 115, 116. 
 
 RESOLUTIONS. 
 
 When Corporation may act by, and when seal necessary. Sec Coepoba- 
 
 TiONS, Municipal. 
 When sealed, is a by-law, 136. 
 Difference between, and by-law, 136. 
 And see BY-iKSfB generally. 
 
 RESPONSIBILITY OP OFFICERS. 
 
 See AssEssoEs- CoLLBOTOBS— Officbbs— Tebasuebes. 
 
 RETROSPECTIVE RATES. 
 
 Inconvenience and injustice of, 167. 
 
INDEX. 
 
 6Y3 
 
 A- 
 
 HETURNS. 
 
 To Rooeiver-Gcneral by clerks, 117. 
 
 To County Clerk by clerk of local Manicipality, 118. 
 
 To ProTincial Secretary by County and City Clerks, 119, 120. 
 
 If not made, moneys to be retained, 120. 
 
 Penalty on default of making, 118, 120. 
 Copy of. to be laid before Parliament, 120. 
 Of debts, to Provincial Secretary, 185. 
 Of Non-Resldent Land Fund, to Hitme, 446. 
 
 RETURNING OFFICERS.'— ^ce CoNfESTED Elections— Elections, Municipal. 
 
 • 
 
 REVISION, COURT OF. 
 
 How constituted, 881. . 
 
 Powers, duties and jurisdicUon of, 381. 
 
 To try complaints of wrongful assessment, 383. 
 Jurisdiction of Superior Court as to appeals from Inferior Courts, 304. 
 Three members to be a quorum, 382. 
 Clerk of, and his duties, 382. 
 Powers to remit or reduce taxes, 889, 390. 
 Mandamus to Municipality to alter decision of, refused, 889. 
 Effect of neglecting to appeal, 364, 867. 
 Meeting of Court, and who to summon, 382. 
 May administer oaths and summon witnesses, 382. 
 Penalty on witnesses refusing to attend, 882. 
 Duties of, to be completed and rolls revised by 1st June, 383. 
 Whether provision directory or imperative, 388! 
 
 Course of proceeding for trial of complaints : 
 
 Procedure must be strictly followed, 384. 
 Notice of appeal to be given to Clerk, 384. 
 
 Who may make appeals, 384, 385. 
 Extension of time for making appeals, 385. 
 Clerk to post up list of appeals, 386. 
 Form of list, 886. 
 
 Copy of, to be left with each assessor 386. 
 Advertisement of sitting of Court, 386. 
 Notice of trial of appeal to each appellant, 386. 
 Form of, 386. 
 
 Service of,, 386, 387. t 
 
 To be given six days before sitting, 387. ' * 
 EflFect of want of notitje, 387. 
 Complaints of overcharge, 887. 
 
 Form of declaration of persons so complaining, 887. 
 Court to alter roll accordingly, 387. 
 Wilful false declaration to be peijury, 888. 
 Court to hear evidence and confirm or amend rolls, 388. 
 Must decide one way or another, 881. 
 Effect of not deciding, 881. 
 
 May proceed ex parte on default of a party to appear, 388. 
 But' should see. whether notices given, &o., 388. 
 
 Appeals from, to County Judge or Recorder: 
 When person precluded from, 890. 
 43 
 
m^ 
 
 G74 
 
 INDEX. 
 
 REVISION, COURT OF— (continued). 
 
 Appellatat to serve notice on Clerk of bis intention, 390. 
 
 Conditions precedent to, must be fulfilled, 390. 
 Clerk to notify parties appealed against, 391. 
 Appellant to notify Clerk of Division or Recorder's Couri.. 891. 
 
 And deposit two dollars as security for costs, 391. 
 Judge or Recorder to appoint day of liearing, 391. 
 Clerk of Division or Recorder's Court to post up notices of names 
 
 and time of hearing, 391 . 
 Hearing and adjournment, 392. . 
 
 Appeals with respect to non-resident lands, 392. 
 Roll to be brought into Court, 393. 
 
 And amended, and how, 393. 
 Powers of Judge as to evidence, 394. 
 Costs to be apportioned by Judge, 394. 
 Division Court fees allowed, 395. 
 Decision of Judge to be final, 395. 
 
 Unless assessment wholly illegal, 888, 389. 
 
 Judge leaving a question to decision of Superior Court, efi'ect 
 of, 389. 
 EIOT. 
 
 Proceedings of elections interrupted by, 79, 80. 
 KIVERS.— -See Stebams. . 
 
 ROAD ALLOWANCES. 
 
 Substitution of one for another — Right of owner of land, 272. 
 Conveyance of former allowance, 272. 
 
 By-law for, and deed thereupon, 272. 
 Compensation to party whose land taken, 273. 
 Duties of surveyor in making report, 272. 
 Possession of, 273. 
 Notice of by-law for opening, 274. 
 Powers of Municipal Councils respecting : 
 Preserving and selling timber on, 268. 
 Stopping up and sale of, in certain cases, 2G9. 
 Right of pre-emption— Sale to others, 269. 
 Sale not necessary to extinction of easement, 269. 
 When substitution of another not contemplated, 269. 
 What to be shown by person' claiming to be owner under act of 
 Council, 269. 
 Powers of County Council respecting : 
 
 Stopping up and sale of original allowance, 285. 
 Upon notice to be given, 256, 286. 
 Same powers to Townships, with further conditions, 289. 
 See Roads, &c. 
 
 ROAD COMMISSIONERS. 
 
 Appointment of, by by-law, 188. 
 ROAT) COMPANIES.— /S^ee Joint-Stock Road Companibs. 
 ROAD SURVEYORS. 
 
 Appointment of, by by-law, 188. 
 
 
^*<mp" 
 
 INDEX. 
 
 675 
 
 les 
 
 
 (Ct 
 
 of 
 
 ROADS, BRIDGES, DRAINS, WATER-COURSES. 
 
 What to be deemed highways, 261, 252. 
 In Encland in ancient times. 251. 
 
 England in ancient times, 251. 
 
 Former law as to opening, &o, in Upper Canada, 261. 
 Roads irregularly laid out— Ownership, 261, 252. 
 Expenditure ot public money on, 252. 
 Road travelled as substitute for— Alteration, 262. 
 Vested in the Crown, 262. 
 
 At common law in owner of the fee, 262. 
 How far and when vested in Municipality, 262, 275, 284. 
 
 Roads of joint-stock companies not included, 274. 
 
 Property in Municipality only a qualified one, and decisions as to, 275. 
 To be kept in repair by Corporation, 276. 
 
 By Counties as well as other Municipalities, 276. 
 
 Penalty and liability on default, 276, 276. 
 
 Meaning of " kept in repair," 276, 276. 
 Jurisdiction over, vested in Municipalities, 263. * 
 
 Except when under control of Board of Works, 253. 
 
 Transfer from Board of Works to Municipality, 254. 
 
 Or roads in Ordnance or Military reserves. See Oednanob Lands. 
 
 Extent of, and consequent liability of Corporation, 253. 
 
 Exclusive jurisdiction of County Council over certain, 279. 
 Extent of, considered, 280. 
 Use of roads in Cities and Towns vested in same, 525. 
 
 Corporation to repair, 526. 
 
 Consequence of neglect, 525. 
 Government roads may be ceded to Municipalities, 625. 
 
 Municipality afterwards bound to repair, &o., 526. 
 Council not to close road required for individual egress, 255. 
 
 Nor to encroach on houses in, without consent. 256. 
 Abuse of this provision by land-oWners, 256, 256. 
 Liability of Corporation for acts or omissions respecting, 253, 259, 267, 
 Width of roads, 256. [268, 276, 285. 
 
 By-laws authorizing new roads, requirements of, 256. 
 
 In case of old roads, 256. * - . 
 
 By-laws for opening, altering and stopping up roads or streets: 
 
 What notice of, to be'given, 256, 267, 258. 
 
 Decision as to the sufficiency of the notice, 267, 258. 
 
 Expenses of opening, 258. 
 
 Mandamus to compel Council to act, 258. 
 Disputes concerning — Power to administer oaths, 258. 
 Compensation to land-owners for lands taken, and damages, 259. 
 
 Decisions as to the effect of this section, 259. 
 
 Disputes as to, to be settled by arbitration, 260. 
 Defective proceedings under, 260. 
 Infants, &c., title to land of, how acquired, 260. * 
 
 When a party has life interest only, 261. 
 Sum awarded, how to be applied, 261. 
 
 Charges on the purchase money, 261. 
 
 Legal effect of these provisions, 261, 262. 
 Joint jurisdiction of certain Municipalities over, 262, 263. 
 
 Roads and bridges spoken of as distinct, 263. 
 
 Effect and meaning of this provision, 263. 
 
^rm 
 
 676 
 
 INDEX. 
 
 ROADS, BRIDQES DRAINS, WATER-COURSES-(coa/tn«er/). 
 
 Section only applies where a deviation to obtain good line of road, 2i3o 
 Both Councils must concur, 263. 
 Arbitration if they do not, 263. 
 
 Power of arbitrators as to where, at what, and whose co»t 
 bridge to be built, 263. 
 Statute labour — Powers of Townships, Towns and incorporated Villiiges 
 
 as to. See Statute Labour. 
 By-laws for local improvements of streets. See Local Improvements. 
 Provisions respecting road allowances. See Road Allowances. 
 Township boundary lines. See Townships. 
 County boundary lines. See Counties. 
 Counties may by by-law assume bridge or road, 278. 
 
 Such roads to be macadamized and bridges built by Council, 284. 
 Local Municipalities not to be burdened with, 285. 
 Former po..ers of Justices respecting, transferred to County, 285. 
 Sale of, in Villages or Hamlets, by Township Councils, 291. 
 
 Upon petition, and when to be accompanied by certificate that plan 
 of Village filed, 291. 
 When Village partly in two Townships, 292. 
 By-laws for opening roads on private property to be registered, 292. 
 
 As to those already passed, 292. 
 Tolls on. See Tolls and below. 
 
 Powers of all Councils to make By-laws for — 
 
 Certain purposes by all Municipalities, 2GG. 
 
 Opening, altering, repairing, stopping up, &c., 267. 
 
 Power must be reasonably exercised, 267. 
 
 Necessity and convenience must be shown to excuse trespass, 267, 2CS 
 
 Certainty in definition of roads, &c., necessary, 268. 
 By-laws for, necessary, 268. 
 ' Imposing tolls to defray expenses, 268. 
 
 Not legal as revenue simply, 268. 
 
 Fast driving on bridges, 268. 
 
 Regulations as to dangerous pits and precipices, 268. 
 
 Road allowances. See Road Allowances. 
 
 Granting permission to road and bridge companies to make, &c. Sec 
 Joint-Stock Road Companies. 
 
 Taking stock in and lending money to road companies. Sec Joint- 
 Stock Road Companies. 
 
 Granting right to take tolls, 271. 
 
 Searching, and taking materials for, 271. 
 
 Bight of entry and dan)ages, how to be settled, 271. 
 How far and when Municipality trespassers, 267, 268. 
 
 All Councils except Counties may make by-laws for — 
 
 ' Aiding Counties in which Municipality lies in making roads and 
 bridges, 274. 
 Making joint works with other Municipalities, 274. 
 
 County Councils may make By-laws for — 
 
 Sale of original road allowance within County, 285. 
 I ' Preventing furious driving, 286. 
 
 Respecting roads, <fco., within several Mun'cipalities, 286. 
 
 t 
 
"fllll« 
 
 "WWW 
 
 mmmmmm 
 
 INDEX. 
 
 677 
 
 ( 
 
 ROADS, BRIDGES, DRAINS, WATER-COURSES— (con<waf(J). 
 
 Protecting booms on rivers, 287. 
 Cutting down trees on each side of roads, 287. 
 Levying local rates for making roads, &c., 287. 
 Conditions precedent to such by-laws, 287. 
 Aiding local Municipality in making roads, &0., 288. 
 
 Township Councils may make By-laws for — 
 
 Aiding adjoining Counties in making roads, &o., 289. 
 Stopping up original road all wance within Township, 289. 
 Cutting down trees on each side of road, 289. 
 
 Granting money for the purpose, 29 J. 
 I'urclinsing wet lands from Government, 290. 
 
 Raising money for the purpose, 290. 
 
 Disposal of same, and proceeds thereof, 290, 291. 
 
 kfjulations for travelling on. ' , 
 
 Vehicles meeting, 562. 
 
 Overtaken by another, 563. 
 
 If one loaded, 563. 
 Penalty if driver of vehicle intoxicated, 563. , 
 Racing on, prohibited, 563. t 
 
 Sleigh-bells to be carried, 563. 
 As to driving over bridges, 563, 564. 
 Penalties, and how enforced and applied, 564. 
 
 ROOT CROPS. 
 
 Standard weight of, 482. 
 
 ROLL.— /See Assessmknt Roll— Collectou's Roll. ' , ' 
 
 RULES OP COURT. 
 
 As to contested elections. See Contested Eleciioss- 
 
 RUSSELL, COUNTY OF. 
 
 To consist of certain Townships, 540. 
 
 RYE— Standard weight of, 482. 
 
 SALE OF LAND FOR TAXES. 
 
 When not sufficient distress— Evidence of suflSciency, 425. 
 When may be sold, 426. 
 
 County Council may extend time, 426. 
 Treasurer to send list of lands to Warden, 426. 
 Warden to issue warrant to Treasurer to levy on land 426. 
 
 Proviso as to warrants before 1st January, 1867, 427. 
 Treasurer's duties on receiving warrant, 427. 
 Sale binding, if land not redeemed within a year, 428. 
 
 Unless— 1. Land not liable, 428. . ^„q " 
 
 2. Taxes not in arrear long enough, 428. 
 
 3. Taxes paid at time of sale, 429. , 
 
 4. Sale not fairly conducted, 429. 
 What lands only may be sold, 429. 
 

 678 
 
 INDEX. 
 
 SALE OP LAND FOR TAXES— (continued.) 
 
 Treasurer to make lists of lands and amounts due, &c., 4o0. 
 
 Publication of, 430. v 
 
 Notification of sale therewith, 430. 
 Notice to be posted up, 431. 
 Time of sale, 481. 
 Adjournment of sale, 431. 
 Mode in which lands to be sold, 431. 
 
 When several lots in one grant, 431. 
 If land sell for enongh to pay taxes, 432. 
 Sheriff may sue purchaser of lands at, 432. 
 Treasurer not respinsible for title, 433. 
 Land, the fee of which is in Crown, 433. 
 If purchaser fails to pay, land may be re-sold, 433. 
 Treasurer to give purchaser certificate, 433. 
 Purchaser to become owner for certain purposes, 434. 
 EflFect of tender of arrears, 435. 
 Treasurer to have commission, 435. 
 Gos^s, &c., to be added to arrears, 435. 
 
 Entitled to no fees except as allowed by Act, 436. 
 Description of lands sold, 435, 436. 
 
 How to be obtained, and fees for, 435. 
 Owners may redeem within a year, 436. 
 
 Meaning of "one year," 436. 
 Tender or substantial payment sufficient, 437. 
 Receipt evidence of redemption, 437. 
 
 Redemption money belongs to purchaser, not to Municipality, 437. 
 Deed of sale, if not redeemed, 437. 
 
 Form of, 460. 
 
 Who may demand, 437. 
 
 Refusal to give— Remedy, 437. 
 
 Contents and eflFect of, 438. 
 
 Registration of, 438. 
 
 Certificate for, as to deeds of lands sold before 1867, 439. 
 
 When authority of SheriflF to execute ceases, 439. 
 
 Treasurer to enter description in book, 440. 
 
 Valid if not questioned within certain period, 440. 
 
 SALT. 
 
 Standard weight of, 482. 
 
 SAW-LOGS.— -See Timber. 
 
 SCHOOLS. 
 
 By-laws for acquiring lands for, 207. 
 Powers of Trustees as to school sites, 207. 
 
 SCHOOL MONEYS. 
 
 Treasurer responsible for, 456. 
 
 SCHOOL TRUSTEES. 
 
 investment of surplus funds, and how, 213, 590. 
 , Loans to, by •Municipalities, of surplus funds, 213, 590, 591. 
 
 Consent of ratepayers required, 214, 691. 
 
 Liability of, for unauthorised investments, 214, 591. 
 
 :3<y 
 
 A 
 

 ^"ir 
 
 IXDEZ. 
 
 079 
 
 SEAL OF CORPORATION — See Coepobatb Seal. 
 
 SECURITY. 
 
 To be given by officers.— /Se« Offioebs. 
 
 SEED. 
 
 County Coanoil may raise money to buy, 687. 
 
 To relieve from failure of crops, C87. ^ 
 
 Form of by-law, 588, 589. 
 To lend money to Townships, 688. 
 Townships to lend to individuals, or purchase seed, 688. 
 Application of surplus moneys, 588. 
 Exempt from seizure, 688. 
 
 Similar powers given to County Councils of Victoria, Hastings, and 
 Lennox & Addington, 597, 598. 
 
 SEIGNIORIAL TENURE ACTS, 514, 516. 
 
 SENIOR COUNTY OP UNION. 
 Which is, 35. 
 
 SEPARATE IMPROVEMENTS. • 
 
 By one of United Counties.— jSe« United Counties. 
 
 SEPARATION OF COUNTIES.— 5ee Peovisionai Corpobationb. 
 
 SEPARATION OF TOWNSHIPS.— -See Townships. 
 
 SERVICE OF WRIT. 
 
 Meaning of "personal service," 98. 
 
 SEWERS.— /Se* Dbainaoe. 
 
 SHEEP. 
 
 Act for protection of. 
 
 SHERIFF. 
 
 See Doa Tax. 
 
 To be appointed for junior County, 39. 
 
 Is proper person to take prisoners to Penitentiary, 329. 
 
 How to levy rate against Municipal Corporation, 164, 165. 
 
 Right to poundage in such cases, 165. 
 Duties as to levying moneys fiom collections, 462. 
 Right to poundage 452. 
 
 Proceedings against, to compel performance of, 452. 
 Rule and return, 452. 
 Ft. Fa. to Coroner to levy, 453. 
 Tenor and execution of writ, 458. 
 Penalty for non-performance, 463. 
 As to collection of County money, 465. 
 As to holding of public meetings, 484. 
 
 SHOP LICENSES. ^ 
 
 For sale of liquor in quantities not less than a quart, 19-. 
 None to be consumed in the house, -198. 
 
 Penalty on infringement, 198. 
 /See Tavbbn Licenses. 
 
"PPB"- 
 
 ••f^Ufwr 
 
 680 
 
 INDEX. 
 
 ^Wr 
 
 
 ■srf^ iilZ^ 
 
 SHOWS, PUBLIC. 
 
 By-laws for lioensing, 208. ' 
 
 SIGN-BOARDS. 
 
 Bj-laws for protection of, 210. 
 
 SIMCOE, COUNTY OP. 
 
 To consist of certain Townships, 643. 
 
 SINKING FUND. 
 
 Account of, to be kept, and how, 177, 178. 
 
 Surplus funds to be carried to credit of, 178, 179. •» 
 
 Investment of, and how, 178, 179. 
 Anticipatory provisions, 183. 
 Hate for, how levied, 361. 
 See Special Batb. 
 
 SLAUGHTER-HOUSES. 
 
 By-laws for regulating erection of, 232. 
 SNOW. 
 
 By-laws for removal of, 235. 
 
 Liability in general for injuries arising from non-removal, 235. 
 
 SOLICITOR.— -See Taxes. 
 
 SOWING LANDS. 
 
 Assistance by County Councils, for.' 
 
 -See Seed. 
 
 SPECIAL CONSTABLES. 
 
 Returning Officer may swear in, 71. 
 Chairman at public meeting may swear in, 489. 
 Refusal to act as, 489. 
 
 SPECIAL RATE. 
 
 Account of, how kept, 177. 
 
 Appropriation of surplus from, &c. — Sec Debts— Sinking Fu.vd. 
 
 Reduction of, in what cases, 181. 
 
 By-law necessary, and what it must state, 181, 182. 
 To be approved by Governor, 183. 
 
 Anticipatory appropriations in lieu of. See Anticipatory Appropria- 
 tions. 
 
 SPIRITUOUS LIQUORS.— ^fifi Liquors. 
 
 STATUTE LABOUR. 
 
 Who are liable to, and at what rates, 264, 400. 
 When commutation allowed instead of, 264, 265. 
 By-laws authorising voluntary commutation, 264. 
 Compulsory commutation, 265. 
 
 At what rate, and how commutation to be regulated and 
 charged, 265. 
 For fixing number of days' labour, 265. 
 For enforcing performance or payment of commutation, 266. 
 Directing fine on default, with and without release from labour 
 good, 266. 
 
1 
 
 ID. 
 
 rPROPRIA 
 
 lated and 
 
 36. 
 
 )m labour 
 
 INDEX. 
 
 STATUTE LkHOVR— {continued). 
 
 For regulating application of labour or money, 266, 
 Powers implied in above, 266. 
 Labour to be performed within proper division, 266. 
 May be fixed by By-law at $1 per day, 402. 
 Otherwise to be at 50o. per day, 402. 
 Enforcing payment by distress or imprisonment, 402. 
 Non-residents, liability of lands of, for, 264. 
 
 Mode of charging tax, 264. 
 
 To pay tax instead of labour, when, 403. 
 
 When admitted to do labour, but makes default, 403. ' 
 
 Appeals as to assessment of, 893. 
 Exemptions from, 264, 400, 401. 
 How tax to be rated, 264, 265. 
 When persons not otherwise assessed, 401. 
 
 In Cities, Towns, and Villages, payment of $2, 400, 401. 
 Collector for, 401. 
 
 In Townships — one day's labour, 401. 
 Where to be performed, 401. 
 Entio and scale of persons assessed, 401. 
 
 But Council may increase or reduce proportioiately, 401. 
 
 Farm lots divided into park lots, &c., 402. 
 
 STATUTES. 
 
 Most advisable form of construction in general, 17. 
 See Repealinq Clause. 
 
 STEALING, <fec. 
 
 Writ of election. Poll books, &c., 133. 
 Provision does not apply to assessment rolls, 133. 
 Punishment for, 133. 
 Species of property must be proved as laid, 134. 
 
 STORMONT, COUNTY OF. 
 
 To consist of certain Townships, 539. 
 
 STRAW.— >S« Hay. 
 
 STREAM. 
 
 Jurisdiction of Municipality over, in general. See Roads, &c. 
 By-Laws to prevent obstructions in, 215. 
 Conditions for cutting and floating timber on, 665. 
 When timber may be floated down, 661. 
 Obstruotions on, prohibited, 556. 
 
 Act not to extend to certain dams or bridges, 556. 
 Nor to rivers, when certain fish do not abound, 656. 
 Obstruction not wilful, 556. 
 Penalties imposed for, 556. 
 
 Recovery of fines, &o,, 556. 
 Appropriation of, 556. 
 Right of appeal, 656. 
 Damages, how applied, 666. 
 ■ See Line Femcbs and Watebcoitrsbs — Roads, &c. 
 
 681 
 
682 
 
 INDEX. 
 
 STREETS. 
 
 Local improvements in. See Local Improvements. 
 
 See Roads, &o. 
 SUMMARY CONVICTIONS. 
 
 Under by-laws— What need not be stated, 316. 
 
 Form of, 317, 691, 692. 0,7 roo 
 
 Witnesses may be compelled to give evidence, 317, 6 J-. 
 
 Every J. P. of County to have jurisdiction, 818, 6 J-. 
 
 SURPLUS. 
 
 From special rates, &c. See Debts-Sinking Fcnd. 
 Income, or other surplus, how appropriated, 1 <9. 
 Investment of, from Upper Canada Municipalities Fund. See Upper 
 Canada Municipalities Fund. 
 From Special Rate account. See Sinking Fund. 
 
 SURETIES OF OFFICERS.—- See Officers. 
 
 SURVEYOR FOR CORPORATION. 
 
 Appointment of, 240. . oio 041 
 
 To obtain certificate from Board of Examiners, 240, li\. 
 
 SURVEY. „ . .,01 
 
 Of Town or Village into lots-Plan of, to be filed with Registrar, -Jl. 
 
 TARIFF OF FEES. 
 
 In contested election cases, 473. 
 
 TAVERN LICENSES. 
 
 By-law may be passed for regulating Issue of, 192. 
 Conditions on which license certificates shall be granted, 192. 
 Not to extend to certain times of the year and places, iy*J. 
 Extent of tavern accommodation, 193. 
 
 Except in certain cases, 194. 
 Security to be given for observing by-laws, 19^. ,»„iO'? 
 
 Number may be limited and selected, and maximum number, 1 93. 
 
 But not so as to cause a monopoly, 1^3. 
 Cancellation or suspension of license, 193, -04. 
 Regulation of public houses, 194. 
 
 In what cases prohibitions to sell luiuors allowed, 1J4. 
 Reeulation, duration and cost of, 194. „„ ,„ im 
 
 Number of, issued, to be returned to Collector of Inland Revenue, 194. 
 Sums to be paid for, 195. , .,,, mr 
 
 To include Imperial and Provincial duty, ly-). 
 How to be issued, 196. 
 
 None required to sell liquor m original package, 1 J7. 
 Tavern-keepers may sell liquors to be consumed out of the house, U / . 
 Holder to exhibit notice, 197. 
 Penalty on default. 197, 
 Penalty for selling without, 197, 198. 
 
 Penalties, how recoverable, 198. ^ „ 
 
 Liquors not to be sold in taverns at certain tim.es and hours, 1 J8. 
 Except for medicinal purposes, 199. 
 Convictions for breach of law must negative all exceptions, .Lc, IJJ. 
 
 
INDEX. 688 
 
 TAVERN LICENSES— (con^mueJ). 
 
 Penalties for breach of law, 199, 200. 
 
 Who may prosecute for— Limitation— Procedure, 200. . • 
 
 Application of, 201. 
 
 How enforced, 201. 
 " Liquors," interpretation of, 201. 
 See Liquors, Spirituous— Shop Licenses. 
 
 TAXES. 
 
 Must be paid by candidates and electors before election, 67, 61. 
 Covenant to pay covers a special rate, 245. 
 
 See Arrears of Taxbi — Assessor — Asbbsshemt— Collector — Sals of 
 Lands for Taxes. 
 
 TENDER OF AMENDS. 
 
 See Corporations, Municipal, 155 — Cruelty to Animals. 
 
 TENDER. 
 
 What is, and how to be made, &c., 155. 
 
 TERRITORIAL DIVISION OF UPPER CANADA. 
 
 Existing organization continued, 539. 
 
 Counties to consist of certain Townships, 539, et seq. 
 
 THISTLES. 
 
 Act to prevent spreading of, 607. 
 
 Owners of land to cut down, 607. 
 Duty of overseers of highways, 607. 
 Railway Companies to cut down, on line, 607. 
 Expenses of carrying out Apt, 608. 
 Penalty on sale of seed mixed with seed of, 608. 
 Ou overseer neglecting his duty, 609. 
 Recovery of, 609. 
 
 TIMBER. 
 
 Booms for protection of, 287. 
 
 Floating down certain rivers regulated, 555. 
 
 AVhen may be floated down streams, 661. 
 
 As to aprons and slides on streams, see Milldams. 
 
 See Streams. 
 
 TIME.— /See Computation of Time. 
 
 TIMOTHY SEED. 
 
 Standard weight of, 482. 
 
 TITLE. 
 
 Taxes to be a first lien on land, 414. 
 
 Duty of solicitor to search, as to taxes, 414. 
 
 TOLLS. 
 
 Raising money by, to pay expenses of road, &c., 268. 
 Permission to road companies to levy, 269. 
 Granting right to persons to take, 271 
 
■V^P^i' 
 
 ^twfp*" 
 
 684 
 
 INDEX. 
 
 TOLLS— (continued). 
 
 Exemptions from — 
 
 Persons driving to and from Divine service, 526. 
 Vehicles and cattle crossing road dividing a farm, 62G. 
 Veliicles carrying manure from Cities and Towns, 620. 
 Act not to apply to toll-bridges not vested in. Crown, 527. 
 
 TOLLS ON GRAIN.— 5«e Mills. 
 TOWN HALL.— 5ce CouBT House. 
 
 TOWNS. 
 
 New, area of, limited, 22. 
 
 Existing area of, when exceeded, 23. 
 
 How population to be reckoned, 23. 
 Census of, may be taken — How and when, 25. 
 Erection of Villages into, 25. 
 Erection of, into Cities, when, 25. , 
 
 Notice to be given, 25. , 
 
 Proof to Governor, 26. 
 
 Existing debts to be adjusted, 26. 
 
 Proclamation by Governor, 26. 
 
 Extension of limits, 26. 
 
 Division iuto wards, 27. 
 
 Lands detached from Counties, 27. 
 
 Existing by-laws continued, any why, 28. 
 
 Liability as to debts to continue, 20. 
 
 In case of extension of limits, 29. 
 Councils and officers to continue, 80. 
 Wards, division into — When and how, 27. 
 
 Division of, into Electoral Divisions, 215. 
 Withdrawal of, from Counties, when and how cfiFected, 30, 31. 
 
 Amount to be paid by Town for expenses of administration of jus- 
 tice, 30, 32. 
 
 Matters to be considered in settling, 81. 
 
 Proclamation by Governor, when, and eflFect of, 31. 
 
 New agreement after five years, 31. 
 
 Property after withdrawal, 32. 
 
 When separated to "be counties for certain purposes, 314. 
 Extent and meaning of this provision, 314. 
 Members of Council of, 50. 
 
 Mayor to be head of Council, 50. 
 
 Qualification of, 54, 55, 81. . 
 
 Election of. See Elections. 
 
 Declaration of office and qualification, 83, 84. 
 
 Councillors — number, election and retiring of, 67. 
 Arrears of taxes, how recovered. See Arrkaks of Taxes. 
 Local improvements in. See Local Imphovemknts. 
 Jurisdiction, rights and liabilities as to roads, &c. See Hoads, &o. 
 
 TOWNSHIP CLERK. 
 
 Certificate and declaration as to qualification of Reeve to sit in County 
 
 Council, 53. 
 Penalty for neglect of duty as to assessment, 420. 
 Liabilities under Assessment Act. See Officers. ' 
 
INDEX. 
 
 GS5 
 
 ty 
 
 TOWNSHIPS. 
 
 Erection of new, by proclamation, 32. 
 Separation of United, wlien population of 100, 82. 
 
 Junior, having only a population of 50 to 100, when and 
 
 how separated, 83. 
 By-laws, &o,, of United Townships after, 44. 
 Disposition of property after, 44 to 48. 
 How officers and sureties afiFected, 46, 47.. ' 
 
 Ward divisions to cease on, 68. 
 Apportionment of arrears of taxes on, 441. 
 Annexation of Gores to, 33. 
 
 Of one Township to another, 83. 
 Union of unincorporated, when and how, 84. 
 
 When in ditferent Counties— Dissolution of, 34. 
 Seniority of, how regulated, 34. 
 May be divided into Electoral Divisions, 215. 
 Members of Council of, 51. 
 Reeve to be head, 51. 
 
 Election of, to be by general vote, and where, 69. 
 * Remarks on change of law, 69. 
 Election of Councillors annually, 68. 
 
 In case of separation of Union of, 68, 69. 
 Proceedings at. See Elections. 
 Clerks not to vote at, 76. 
 Boundary lines or roads of, to be opened, &o., by Township Councils, 280. 
 Extent and wisdom of provision, 280. 
 If any Council fails to perform its duty, 280. 
 If all Councils fail, 281. 
 County Council to act as arbiter, 281. 
 
 Commissioners to enforce order of, 281. 
 Payments to be made by County and deducted from Townships, 282. 
 Where also County boundaries. See Counties. 
 Limits of, when bounded by certain lakes and rivers, 650. 
 Lying on the Ottawa, 650. 
 
 On Lake St. Francis and River St. Lawrence, 551. 
 On Bay of Quinte, River Trent and its lakes, 551. 
 On Lake Simcoe and River Severn, 551. 
 On River Rideau and its lakes, 651. 
 On River Thames and Grand River, 551. 
 Certain islands excepted, 651. 
 New Townships, erection of, 551. 
 
 Governor may constitute by proclamation, 551. 
 Gores of land may be annexed to, 552. 
 See By-Laws — Roads, &c. 
 
 TOWNSHIP BOUNDARY LINES. -5'ee Townships. 
 
 TON.— Meaning of, 481. 
 
 TRANSIENT TRADERS. 
 
 By- laws for licensing, 238. 
 
 TRANSFER OF DEBENTURES.— ^e.? Debentums. , 
 TRAVELLING ON HIGHWAYS. 
 
 Regulations tor.— See Roads, «io. 
 
686 
 
 INDEX. 
 
 TREASURERS. 
 
 Every Council shall appoint one, 120 
 
 Security to be given by, 121. And see OrsioenR. 
 
 How aiTected by oirr mstances, 121. 
 Duties and liabilities of, 121, 122. 
 
 As to paying out moneys, 211. 
 Office of, and membership of Council, incompatible, 120. 
 If unqualified person appointed, remedy, 120, 121. 
 Cannot act as bunk agent, 121. 
 To mnke yearly return to Provincial Board of Audit, 122. 
 
 How attested and what it must shew, 122. 
 
 Penalty on default, 128. 
 
 What to be shewn in action for, 123. 
 To make half-yearly statement to Council, 128. 
 Proviso in case of dismissal, 123. 
 Of Municipality in arrear to certify to Provincial Secretary value of 
 
 assessable property, &o., 123. 
 Duties with respect to debentures. See Debbntorks. 
 To send list of Crown lands to local clerks, 415. 
 To send list of lands five years in" arrear to local clerks, 416. 
 
 When Towns and Cities withdrawn from Counties, 417. 
 Duties with reference to collection of arrears of taxes, 441, and see 
 Assessment— CoLtEOTioN of Taxes— Non-Resident — Non- 
 Rbsiidbnt Land Fund. 
 
 On sale of land for taxes. See Saib of Land for Taxes. 
 
 As to recovery of money from Collectors. See Colt:,f.otors. 
 
 As to collection and payment of County moneys. See County 
 Moneys. 
 
 As to Municipal Loan Fund. See Consolidated Municipal Loan 
 
 FU.ND. 
 
 As to yjrovitliag books for Registry Offices. See Registrars. 
 Responsibility no. tr public moneys, 453, 455 
 
 As io County and School moneys, 456. 
 County responsible to individuals on default of, 456. 
 
 TREASURERS, PROVISIONAL-See Provisional CoBroKATiONS— Treasurers. 
 
 TREES, ORNAMENTAL. 
 
 By-laws for protecting, 209. 
 
 General provisions for the protection of trees and timber, 209. 
 
 TRESPASS. • 
 
 By animals running at large, 304, 805. 
 By geese and poultry, 305. 
 Liability of Pound-keeper for, 305. 
 
 TRUSTEES. 
 
 Members of Councils in position of, as regards dealings with Munici- 
 pality, 163. 
 Payer of money to, not bound to see to application, 261. 
 
 Assessment of trust personal property to be against, 877. 
 
 Personal liability of, for taxes, 365. 
 
 But representative character to be mentioned on roll, 377, 378. 
 Cannot qualify on trust property, 55, 878. 
 
 TRUSTEES OF POLICE VILLAGES.— i&e Poliob Villages. 
 
^ir 
 
 V 
 
 INDEX. 
 
 687 
 
 TUMULTUOUS NOISES. 
 
 By-lawa for preventing, 233. 
 
 UNION OF COUNTIES.— 5m Unitbd Counties. 
 UNION OF TOWNSHIPS.— 5efl Townships. 
 UNLAWFUL TRAINING. 
 
 Act to prerent, 609. ' 
 
 Meetings for drill, without antliority, forbidden, 609. 
 Punishment for drilling and being drilled, 609. 
 Meeting to be dispersed, and perHons arrested, 610. 
 Arms and ammunition may be seized, 610. 
 And persons having them arrested, 610. 
 Claims for restitution, how decided, 611. 
 Carrying unlawful arms, 611. 
 All Justices of the Peace to have concurrent jurisdiction, 612. 
 
 Protection of Justices and limitation of actions, 612. 
 Act may be suspended and brought into force by Governor, 612. 
 
 UNITED COUNTIES. 
 
 Name of, defined, 650. 
 
 Courts in, 650. 
 
 Certain Counties to be United for municipal and judicial purposes, 619. 
 
 Courts, County property and oflScers to continue as formerly, 650. 
 
 Union of Counties generally. See Gountiss. 
 
 Separation of. See ProtisionaIi Cobpobations. 
 
 Separate improvements by one of, 226. 
 
 Reeves in County interested only to vote, 227. 
 
 Provisions of Act for repayment to apply, 227. 
 
 Duties of Treasurer respecting moneys received, 227 
 ' Property of County interested alqpe to be assessed, 227. 
 
 Debentures for debts to be under seal of United Counties, 227. 
 Apportionment of arrears of taxes on dissolution of, 441. 
 
 UNIVERSITY OF TORONTO. 
 
 By-laws for endowing Scholarships and Fellowships at, 226. 
 
 UNPATENTED LANDS.— 5ee Cbown Lands. 
 
 UPPEil CANADA COLLEGE. 
 
 By-laws for endowing Exhibitions, &c., at, 226. 
 
 UPPER CANADA MUNICIPALITIES FUNd! 
 
 Investment of surplus, 689. 
 
 May be set apart for Education, 690. 
 Former investments confirmed, 590. 
 Municipalities may loan to School Trustees, 690. 
 School Trustees may borrow same, 691. 
 
 VACANT LANDS. 
 
 Assessment of, 371. 
 VACANT LOTS. 
 
 By-laws for enclosing, 232. 
 
688 
 
 INDEX. 
 
 /• 
 
 VAGRANTS. 
 
 By-laws for restraining and punishing, 223. 
 
 Ancient statutes respecting, 223. 
 
 May be sent to House of Industry, 340, 341. 
 
 VALUATION. 
 
 Difficulty in making a fair valuation, 396. 
 Equalization of, for County rate, 395. 
 How should be made, 396, 397. 
 Duties of clerks to send copies of rolls, 396. 
 In case of omission, 39G, 397. 
 See Valuators. 
 
 VALUATORS. 
 
 Appointment of, by by-law, 188. 
 Two or more for each County, 127. 
 Powers and duties of, 127. 
 Valuation by, basis of equalization, 127. 
 To attest report on oath, 398. 
 See Valuation. 
 
 VENUE. 
 
 In united Counties, 35, 36. 
 After separation, 41, 42. 
 
 VICTurJA COUNTY OF. 
 
 To consist of certain Townships, &c., 543, 
 Power to raise money to buy seed, 597. 
 
 VICTUALLING HOUSES. 
 
 ■ 
 
 By-laws for limiting and regulating, 203, 204. 
 
 VILLAGES. — See Incorporated Villages— Police Villages. 
 
 WARDENS. 
 
 To be head of County Councils, 49. 
 
 And preside, 113. 
 Designation of, 49. 
 Election of, 110. 
 Resignation of office by, 115. 
 
 WARDENS, PROVISIONAL.— 5ee Peovisional Cobpoeations— Wardens. 
 
 WARDS. 
 
 New division of Towns and Cities into, 27. 
 
 Division into to cease on separation of united Townships, 68. 
 
 Dy-laws for dividing into Electoral Divisions, 215. 
 
 WATER. 
 
 By-laws for supply of, 229. 
 WATERCOURSE.— (See Line Fences & Watbecoueses— Roads, «fcc.— Streams. 
 
 WATERING STREET. 
 
 Local rates for, 278. 
 W.\TER WORKS.— -See Gas and Water AVorks. 
 
 WATERLOO, COUNTY OP. 
 
 To consist of certain Townships, 545. 
 
m^ 
 
 INDEX 
 
 689 
 
 EAM9. 
 
 WEEDS. 
 
 Cy-laws for preventing, 208. 
 
 WEIGHTS AND l^IEASURES. 
 
 Former proceedings for regulating, 221. 
 
 By-laws for regulating, 230, 231. 
 
 Meaning of cwt. and ton, and application of, 481, 
 
 Laws as to, to apply, 481. 
 
 Grain— Standard weight of, 482, 672. 
 
 Weight of other produce, 482. 
 
 Effect of Act on contracts, 482. 
 
 Meaning of minot, 483. 
 
 Not to affect certain contracts, 483. 
 
 Set of, to be in charge of Provincial Secretary, 570. 
 
 To be furnished by, to Municipal Councils, 570. 
 Inspectors of, may be appointed, and how, 220, 571. 
 
 To take oath of office, 571. 
 
 Their powers and duties, 220, 221. 
 
 Appointment at first vested in Quarter Sessions, 220. 
 
 Standard to be in charge of, 571. 
 
 To examine weights by standard, 572. 
 
 Notice of time and place for that purpose, 572. 
 May enter shops, <fec., for purpose, 573. 
 Penalty for not examining before marking, 574. 
 Fees to for examining, 572. 
 
 Standards to be delivered to successor, 575. 
 Remedy by action, 575. 
 Bushel to be regulated by weight, not measure, 573. 
 Forfeiture and penalty for using unstamped weights, 573. 
 
 For having false weights, or refusing to produce, 573. 
 Penalties, when incurred, and how recoverable, 574. 
 
 Forging stamps, &c., 574. 
 
 Selling with counterfeit stamp, 674, 
 Appeals from convictions, 575. 
 Standard weight of hay and straw, 585. 
 
 WELLAND, COUNTY OF. 
 
 To consist of certain Townships, &c., 548. 
 
 WELLINGTON, COUNTY OF. 
 
 To consist of certain Townships, &c., 545. 
 
 WENTWORTH, COUNTY OF. 
 
 To consist of certain Townships, 549. 
 WET LANDS. 
 
 By-laws for purchase of, from Government, 290. 
 WHARVES.— 5-66 Harbours. 
 WHEAT. 
 
 Standard weight of, 482. 
 WITNESSES. 
 
 Any persons may be a witness, 312. 
 
 Irrespective of interest or reward, 312. 
 
 Or whether member or ofiFcer of corporation, 328. 
 
 4-i 
 
690 
 
 INDEX. 
 
 WITNESSES— (con<«rtM(;<i), 
 
 Compelling attendance of, in prosecution under by-laws, 317. 
 On summary proceedings before magistrates, 317, 318. 
 
 WOLVES. 
 
 Act encouraging destruction of, 577. 
 Production of head of wolf to J. P., 577. 
 J. P. to give certificate, 677. 
 Treasurer to pay reward, 577. 
 But other expenses of County to be first paid. 577. 
 Certificate tender for rates if not paid, 578. 
 
 WOODEN BUILDINGS. 
 
 By-laws for regulating erection of, 239. 
 
 WORK HOUSES. 
 
 By-laws for erecting in Cities and Towns, 342. 
 Who may be committed to, 342. 
 See Houses of Industry. 
 
 WRITS.— »See Certiorari — Contested Elections (Forms) — Tierz Facias— 
 Mandamus— Quo Warranto— Writ of Trial. 
 
 WRIT OF ELECTION. 
 
 Stealing or destroying. 133. 
 
 WRIT OF TBlA.u.—Sec Contested Elections. 
 
 WORDS, INTERPRETATION OF. 
 
 In Municipal Act — 
 
 "Assets," 45. 
 "Bridge," 344. 
 "Council," 344. 
 "County," 344. 
 " Electors," 344. 
 " Forthwith," 8. 
 "Highway," 344. 
 " Houschnkler," 124. 
 "Idiot," 841. 
 " Immediately," 7. 
 "Inhabitant," 12G. 
 ".Judicial purposes," 314. 
 "Land," 344. 
 "Lands," 344. 
 
 "County," 352. 
 
 " County Council," 352. 
 
 " — days at least," 387. 
 
 "Land," 363. 
 
 " Loial Municipality," 352 
 
 " Non-resident land," 368 
 
 "Owner," 367. 
 
 "One year," 436. 
 
 " Personal escato." 'i53. 
 
 'Liquors," 201. 
 "Lock-up House," oG?. 
 "Municipality," 344. 
 "Municipal purposes," 314. 
 "Next day," 344. 
 "Oath," 343. 
 "Posse comitatus," 318. 
 "Ratepayer," 120. 
 "Real estate," 344. 
 " Ileal property," 344. 
 " Reeve," 344. 
 " Resident." GO. 
 " Road," 344. 
 "Township," 344. 
 
 In Assessment Act — 
 
 " Personal property," 355. 
 
 "Property," 3o3. 
 
 " Real estate," 353. 
 
 " Real property," 333. 
 
 "Town," 352. 
 
 "Township." 352. 
 
 "Villnge," 352. 
 
 "Ward," 352. 
 
 " Who ought to pay the Eamej''408. 
 
 ,: 
 
 YORK, COUNTY OF. 
 
 To consist of certain Townships, &c. 
 
 544. 
 
Ill iLi fill i^T^Vi^aVM 
 
 I'llWi ■■ 
 
 ADDITIONS AND CORKECTIONS. 
 
 — -♦- 
 
 38. 
 
 Page 55, end of note r, for " Ca?v?," read "■Ford.'"' " ■ 
 
 Page 58, note h, at the end add " Where a member of the Corporation, being 
 a baker, supplied bread to fulfil a gaol contract held by another person 
 in his own name and for his own benefit, the member of the Corpo- 
 ration was held not to be disqualified." {The Queen a: rel. Pidding- 
 ton V. Riddel, per Morrison, J., Chambers, March 16, 1867, 3 U. C. 
 L. J., N. S., April.) , • 
 
 Page 59, note Tc, at the end add "Where the lease, which was for twenty- 
 one years, was originally made to a third person for the benefit of the 
 beneficial lessee, and afterwards, during the term, it was surrendered, 
 and a new lease made directly 'to the beneficial lessee for the remain- 
 der of the term, which was for less than twenty-one years, it was 
 held that, looking at the real nature of the transaction, the lessee 
 was not disqualified from being a member of the corporation. ( The 
 Queen ex rel. Made v. Manning, per Morrison, J., Chambers, March 
 16, 1867, 3 U. C. L. J., April.) 
 
 Page GO, fourth line, strike out the word " male; " and in note y, last line, 
 for ^'McLean v. Cxraham, 8 U. C. L. J. J 25," read '' McVean v. 
 Oraham,n\S. C. L. J. 125." 
 
 Page 61, note s, last line, for ''McLean v. Graham, 8 U C. L. J. 125," 
 read '' McVean y. Graham, 7 U. C. L. J. 125." 
 
 Page 69, note o, second line from the end, after the words "in cities," 
 strike out the words " and towns." 
 
 Page 72, note e, third line from the end, strike out the words from "thus, 
 suppose," inclusive, to the end. 
 
 Page 84, sec. 120, fifth line, after the words "in cities," strike out the 
 words "or one of the Councillors elect in towns." 
 
 Page 111, sec. 136, after the words "At every," in the beginning of the 
 section, insert the word " such." 
 
 Page 115, note e, before the words " The right," add " A resignation implies 
 that the person resigning has been elected into the office which he 
 resigns." {The Queen v. Blizard, 2 L. R. Q. B. 55.) 
 
% 
 
 C92 
 
 ADDITIONS AND CORRECTIONS. 
 
 Page 14G, note e, fourth line from bottom of page, for "Q. B. T. T. 18GG," 
 read *' 26 U. C. Q. B. 82." 
 
 Page 211, note Jc, seventh line from top of page, after the words "authorized 
 so to do," insert the words "a bill in equity, at the instance of the 
 rate-payer {Blaclie v. Staples et al, 13 Grant, 67) or." 
 Page 212, note n, at the end, add " DlaoUe v. Staples et al, 13 Grant, 67." 
 Page 252, note 7i, fifth line, for " C. P. M. T. 1866," read " 17 U.C. C. P. 282." 
 Page 275, note c, at the end, for " Q. B. M. T, 1866," read " 26 U.C. Q.B. 61." 
 Page 324, note y, at the commencement, insert " Where the city is a separr te 
 county, the Sheriff, and not the High Baililf, is the proper officer to 
 perform the duties here mentioned." {In re Sheriff Jar vis and the 
 Recorder of the City of Toronto, 26 U. C. Q. B., H. T. 1867. 
 Page 346, note », at the end, add " See The Queen ex rel. Tinning v. Edgar, 
 3 U. C. L. J., N. S., p. 39." 
 
 Page 357, note r, third line, after the word "dedication," add " The Muni- 
 cipality of the Town of Guelph v. The Canada Company, 4 Grant, 
 632 ; Attorney-General v. The Inhabitants of Goderich'o Grant, 
 403; Attorney-General v. The Town of Brantford, 6 Grant, 592; 
 Attorney- General v. The City of Toronto, 10 Grant, 436." 
 
 Page 389, note p, at the beginning of the page, after "McCarrall v. Watkins, 
 19 U. C. Q. B. 248," add " But the better opinion now seems to be, 
 that in such a case the roll is binding." (Seragg v. The City of 
 London, 26 U. C. Q. B., H. T. 1867.) 
 
 Page 429, note d, thirteenth line from top of the page, after " taxes," add 
 ''Doe Bell v. Reaxmore, 3 0. S. 243; Myers y. Brown, 17 U. C. 
 C. P. 807." 
 
 W. C. CIIEWETT d: CO., PRINTERS, KI.VO STREET EAST, TOROJiTO, 
 
W. C. CHEWETT & CO.'S 
 
 LIST OIP BXi^lsTIC IPOI^ns^S, 
 17 & 19 KING STREET EAST, TORONTO. 
 
 4(®" All our Blanks are printed on good Paper, and great care is taken to have them correct. 
 
 To facilitate ordering, we have numbered all our Blank Forms, it will be anfficient 
 
 to give the quantity and number, as 500 of No. 1, &c. • 
 
 * 
 
 CONVEYANCING. 
 
 2 Agreement for Sale of Land • 'f, doz. $0 40 
 
 3 Apprenticeship Indenture " o 40 
 
 4 Arbitration Deed " 40 
 
 5 Bond " 40 
 
 6 Assignment " 25 
 
 6a Crown Land '» o 25 
 
 7 of Judgment " O 40 
 
 8 of Lease " 40 
 
 9 of Mortgage • " 40 
 
 10 for Benefit of Creditors " 63 
 
 11 Bills of Sale " 40 
 
 12 Bonds " 25 
 
 13 Money " 25 
 
 14 to Convey Land " o 40 
 
 15 for Balance of Purchase Money " o 40 
 
 16 of Indemnity " 40 
 
 17 Chattel Mortgage " o 40 
 
 18 Ditto for Future Advances " o 40 
 
 21 Deed with Dower, short form under Statute " 50 
 
 2lAThe same. Lithographed and ruled " 85 
 
 22 Deed without Dower, short form under Statute •' 60 
 
 22AThe same. Lithographed and ruled " 85 
 
 22b parts not inserted, can be used with or without 
 
 Dower, ruled " o 50 
 
 23 Deed of Partnership " o 75 
 
 24 Discharge of Mortgage " 25 
 
 25 General Release of all Demands . ^ " 25 
 
 26 Inventory T. " 25 
 
 27 Lease, House " 40 
 
 28 , Land " 40 
 
 29 , Farm " 4« 
 
 50 , short form under Statute " 40 
 
 31 , with Power of Renewal and Purchase, &c " 40 
 
 32 , Marine Protest " 40 
 
 32a , Mining Lease " 40 
 
 38 Mortgage with Dower " 60 
 
 38AAThe same. Lithographed and ruled " 85 
 
 38.« Ditto without Dower " 6« 
 
V ADVERTISEMENT. 
 
 38BThc same, Lithographed and ruled ^ doz. $0 85 
 
 38c parts not inserted, can be used with or without 
 
 Dower, ruled " 50 
 
 39 Mortgage of Lease " 40 
 
 40 Notarial Protest f 100, 1 50 
 
 41 Notice " 1 00 
 
 42 Notice to Quit " 1 00 
 
 43 Notice of Sale under Mortgage ^ doz. 25 
 
 44 Power of Attorney (blank) " 40 
 
 45 for Collecting Debts, &c " 40 
 
 46 Warrant of Distress ., " 25 
 
 47 Quit Claim Deed, with Dower " 50 
 
 ^8 , without ditto " 50 
 
 tSASheets, " This Indenture" " 50 
 
 i8B ruled to follow ^ quire, 75 
 
 Wood's Registration Act 1 00 
 
 Hancock's Conveyancer 3 00 
 
 Rordans' Canadian Conveyancer 2 00 
 
 — * — 
 
 DIVISION COURT. 
 
 73 Affidavit of Warrant of Attachment %i 100, §0 
 
 74 Application for Judgment Summons " 
 
 75 Bailiff's Sale Notice " 
 
 76 . Returns ^ quire, 
 
 77 Bonds "§ 100, 
 
 78 Notice to Sheriff " 
 
 79 Bond on Supersedeas to Warrant of Attachment " 1 
 
 80 Certificate of Judgment for Registration " 
 
 81 Confession and Affidavit of Execution " 
 
 82 Execution against Goods of Defendant " 
 
 83 Plaintiff " 
 
 S4 , Testator " 
 
 85 —— — Claimant on Interpleader " 1 
 
 86 Execution on Transcript of Judgment " 1 
 
 87 Interpleader Summons to Claimant and Copy " 1 
 
 88 Judge's List f) quire, 
 
 89 Judgment Summons and Copy ^. ^ 100, 1 
 
 90 Notice of Set-off " " 
 
 91 Order of Reference and Award " 
 
 92 Plaintiffs' Claims " 
 
 93 Return of Transcript and Certificate of Judgment " 
 
 94 Summons to Appear and Copy " 1 
 
 94a to Defendant for Default after order on Judgment 
 
 Summons . " 1 
 
 95 to Jurors '' 
 
 90 to Plaintiff on Interpleader and Copy " 1 
 
 97 to Show Cause " 
 
 98 to Witness " 
 
 50 
 50 
 50 
 75 
 50 
 50 
 00 
 50 
 50 
 50 
 50 
 50 
 00 
 00 
 00 
 75 
 00 
 25 
 50 
 50 
 50 
 00 
 
 00 
 25 
 
 00 
 50 
 50 
 
'""'^PP^UPWI" 
 
 ADVEKTI8EMENT. 
 
 98ATranscript of Judgment ^ lOO, $0 50 
 
 99 Transcript and Certificate of Judgment " 50 
 
 100 Warrant of Commitment after Examination *' 1 00 
 
 101 for Non- Appearance " 1 OO 
 
 Tlie name of the Court, place of meeting, &c., printed in at the above prices, in 
 fjnantities of not less than 1,000 of each. 
 
 The Division Courts Act, Knles and Fonns, by Henry 
 
 O'Brien, Esq. $2 00 
 
 Procedure, Gash, Service and Execution Books, each $1 per quire, 
 
 well bound. 
 
 — • — 
 
 COBONERS' 
 
 102 Recognizances ^ 100, $1 50 
 
 103 Summons to Jurors " 75 
 
 104 to Witness " 75 
 
 105 Warrant to Constable " 75 
 
 106 of Commitment " 1 50 
 
 Boys on the Duties of Coroners 2 00 
 
 — « — 
 
 MAGISTRATES' 
 
 170AConvictions f 100, |1 50 
 
 171 Deposition of Witnesses •• " 1 50 
 
 172 Informations " 75 
 
 173 Notice of Appeal " 1 50 
 
 174 Notice of Conviction " 75 
 
 175 of Recognizance " 75 
 
 176 Recognizance to Appear " 1 50 
 
 177 to keep the Peace " 1 50 
 
 178 ■ • to give Evidence - " 1 50 
 
 179 to Prosecutf! " 1 50 
 
 l79AReturn of Convictions jP qr. $0 75 
 
 180 Summons to Defendant # 100, (5 
 
 181 Search Warrant [\ J 75 
 
 18lAStatement of the Accused .• ^^ 1 50 
 
 182 Summons to Witness ^^ ^ ^5 
 
 183 Warrant to Arrest D'^fendant ^^ 1 50 
 
 184 of Commitment ,, 1 50 
 
 185 upon Conviction for a. Penalty ^^ 1 50 
 
 186 under Remand ^^ 1 50 
 
 187 where Summons disobeyed 1 50 
 
 188 of Distress upon Conviction for a Penalty ^^ 1 50 
 
 180 upon on order for the payment of Money 1 50 
 
 McNab's Magistrates' Manual * 00 
 
 Keeel's ProvincialJustice 5 00 
 
 Dempsey's Magistrates' Hand Book 60 
 
■■■^?p»^> 
 
 ADVERTISEMENT. 
 
 ^^ 
 
 '.» 
 
 MUNICIPAL. 
 
 209AAppeal Lists ^ quire, $0 TO 
 
 210 Assessment Rolls, Township " 70 
 
 211 Non.Resident " 70 
 
 212 -. Towns " 70 
 
 213 — Non-Resident " 70 
 
 214 Assessment Notices, "Take notice, that you are assessed" " 45 
 
 215 to leave, for party to fill in " 45 
 
 210 • ' Towns — "Take notice, that you are 
 
 assessed" " 45 
 
 217 Assessment Notices, Towns — Notices to leave for parties 
 
 to fillin •. " 45 
 
 218 Collector's Rolls, Township " 70 
 
 219 Town " 70 
 
 220 Non-Rcsident " 70 
 
 221 Collector's Receipts " 45 
 
 222 Voters' Lists " 02^ 
 
 223 Jurors' Ligts— 1st, 2nd, Brd and 4th Divisions " 02^ 
 
 224 Poll-Book Lists " t,2J 
 
 224AMilitia Rolls " C2.V 
 
 324BPathmaster's Schedules " 45 
 
 224cArrears of Taxes " 70 
 
 225 Notices of Appointment to Office fi 100 02 J 
 
 225a to attend Court of Revision " 02.V 
 
 226 Auctioneers' Licenses f> doi}. 20 
 
 227 Shop Licenses s f 100 C2J 
 
 228ACertificates for Tavern Licenses— Books of 50, 50c. ; of 100 1 00 
 
 229 Hawkers', Pedlers', and Petty Chapmens' Licenses "■& doz. 20 
 
 230 Innkeeper's Jiicenses 'p 100 62^ 
 
 231 Bonds " 62^ 
 
 232 Municipal Officers' Bonds % doz. 20 
 
 233 Declaration of Office f 100 02^ 
 
 234 : Qualification " 02^ 
 
 234AAuditor's Declaration " di^ 
 
 235 Instructions to Assessors, according to latest Acts, by 
 
 H. O'Brien, Esq each 12Jr 
 
 The Manicipal Manual, by R. A, Harrison, Esq., $4. Xew Edition, 
 Books of Non-Resident Lands liable to be sold for Taxes, 
 
 ■ Taxes. 
 
 Triplicate Receipt Books for Treasurers. 
 
 Minutes of Council, By-Laws, &c., printed in the best style, on the 
 lowest terms. 
 
 Full Lists can be had on application. 
 
 W. C. CHEWETT & Co., 
 
 17 dh 19 King St. Fast. 
 
 W. C. CHEWETT A CO., PRINTERS, KINO STREET EAST, TORONTO. 
 
"'^mi^f"' 
 
 3 TO 
 3 70 
 3 70 
 
 3 70 
 3 70 
 3 45 
 45 
 
 3 45 
 
 3 45 
 
 D 70 
 3 70 
 [» 70 
 4.") 
 3 02^ 
 G2Jt 
 3 <'2^ 
 02 .V 
 45 
 70 
 02 1 
 02 i 
 20 
 
 G2h 
 
 1 00 
 20 
 62^ 
 02^ 
 20 
 G2J- 
 02i 
 3 02i 
 
 121 
 ition. 
 
 ti the 
 
 East.