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/-. *-, TO THE iminpl €axi^axntxom oi §ntnxk. The undersigned, in presenting the following compilation of the Acts of Parliament governing the Municipal Institutions of Ontario, believes it will save a great deal of labour to all persons connected with our Municipal Corporations. Since the last consolidation of the Municipal law, there have been passed no less than four Acts of Parliament altering and amending the same. Amendments have also been made to the Assessment and License Laws ; therefore, the difficulty of knowing precisely what the law is can be easily understood. This compilation comprises the amendments passed at the last Session of the Ontario Parliament, as well as those of former Sessions. The method pursued by the compiler of this work is, to cut out all such parts of the Municipal Act of 1866 as have been repealed, and insert in lieu thereof the amendments, so as to read as the law now stands. AU the amendments to said Act of 1866 are referred to in the margin. THOS. WILLS. Belleville, Ontario, April, 1870. G A H as fo 1. town ated body conti of ev estab 3. Actt ever^y 3. by-la muni, police deem( by-la-' A COMPILATION or THE %cU $t&ptim^ Piinicipl ^nsMms OF THE I>ROVI]SrCE OF OISTTAKIO, A.D, 1870. HER MAJESTY, by and with the advice and consent of Preamble, the Legislative Council and Assembly of Canada, enacts as follows ; — EXISTING INSTITUTIONS CONTINUED. 1. The inhabitants of every county, city, town, village, MuniciDai township union of counties, and union of townships incorpor- Co'STtiL ated at the time this Act takes effect, shaU continue to be a ^°"*'°"«*- body corporate, and every police village then existing shall continue to be a police viUage, with the municipal boundaries estaST ''^°'"^*^°^ ^^^ ^^^^^® ^^^^® respectively then A^Jv"" ^^^^t^^li^ r^7 police viUage existing when this Police viUage^. Act takes effect, shaU be deemed the trustees respectively of every such village as continued under this Act. 3 The head and members of the council, and the officers. Heads office™ by-laws, contracts, property, assets and liabiHties of every S-lWsf&S? municipal corporation, and the inspecting trustees of everv «>"*^««d. pohce village existing when this Act takes effect, shall be deemed the head and members of the council, and the officers by-laws, contracts, property, assets and liabiUties of such corporation, s Names of ftiunicipal corporations. Names of proviHional coriwrations. The councils to exercise cor- porate powers. mimviPAL INSTITUTIONS NAMES AND GOVERNINC. BODY. 1 — COIiPOHATlONS. town vUlaffe, tcmsUp, or « v2 ^^l" " ■°" "-^ *'" """^'V. cUy. (a^ tho c„»o m.^y bo) ./(mm!;^^^::",:,^^ "'•«»'''<' '««»'4 **■ The inhabitants of evorv ;„r.- ooimcil bcM-ng or having. blo^aCZ'^iT^^^^P^" ^ provisional a body corporate unde? the Lme o? rl /' ^^^^ ^«""ty. shall be ^'ou o/^/.. C'.«.,/2/ «/ (naming U.) ^ ^'^^^^^^^^^ Corpora- U mi 2. — POLICE VILLAQES. Trustees in >V rri,^ ,. police villagee. n ^ poiico reffulationtj nf ^, ^^^- enforced tl.roughthCllcetrustees'''^^^'''' viUage shaU be NEW MUNICIPALITIES. COUNTIES AND TOWNSHIPS. Extension of a n\i • i , . corporate ^- ^"G inhabitants of evfrir «^„ A municipalities, erected by proclamation into an indeno;^' T^^ "^ ^^"^^^^^^ of counties, and of every townshin ^n? ""^ '°""^^ ^^ "^^^^ erecte^d into an independ^ntTownshin "'"'"'' °^ townships and of every locality erected into ^3^ T """^^^^ «^ townships, y^Jlage, and of every county or tot n.^' *°'^' "' ^^^^^porated incorporated union of counties o7,nl 'i^'^""'''*''^ ^'""^ ^^ county or township, or of X n t^^ships, and of everV than one, remaining of the untnT.I "' ^'^^^^^^P^ ^^ ^'^ erected or separated after tWsTcti^,T the separation, being so corporate under this Act ^^'' ^^'"'*' ^^^^ be a bSdy New police villages. NEW POLICE VILLAGES. r^^^^t^^^^ of an unincor- ties within 4ich the^Le irsS?^ the county or coun- the same into a police ^Sld^^' T^' ^^ ^3^"^^^' ^rect may seem expedient ^' ^ ^''^"^ ^^^^^to such liiiits as and NEW MUNICIPAL INSTITUTIONH. NKVV INCOUI'OUATKl) VILLAUliS. 8 10. When tl.c (Census rcturn-i of an unincorporated village, When popuU- withitH imniodiato neighbourhood, taken under the direction *'°»7c6/ of the council or councils of the county or counties in whicli ZXl^n^^ tJie village audits neighbourhood are situate, shew that the'^*"'*""^ same contain over seven hundred and iitV inluibitants, and Sl^for when the residences of such inhabitants are sufliciently n.'ar to Hr"t e&nV term an incorporated village, then on petition, by not 'less than f'"' V"^"™* one hundre.1 resident freeholders and householders of the vil- age 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 neighbourhood are situate shall by by- aw erect tlie village and neighbourhood into an incorpor- ated village, apart from the township or townshif)s 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 Returnirur Uftcer who is to hold the same ; provided always, that :— * Proviso. 1. No town or village incorporateil after the passing of this Area of town Act the population of which does not exceed 'one thousand :'/vmie""° souls, sliall extend over or occupy within the limits of the "'^' incorporation an area of more than five hundred acres of land; cont.,b!buri;" ""' 1"r^^' '^''■^'•^^3; °^ ^^ereafter incorporated, and Enlargement contcuning a population exceeding one thousand souls, s hair ^'•^'■«'*"»'t'^- make any further addition to its limits or area, except in the proj)ortion of not more than two hundred acres for each addi- tional thousand souls, subsequent to the first thousand ; 3. In the case of all towns or villages now incornor-itPJ^en; actually inhabiting the HowpopuU- land about to be included within the limits of any town or """'^V be village may, for the purpose of such extension only, be held '''^"'''*- and reckoned as among the inhabitants of such town or viUage; UpperCanadf^.,v7n1l°*" ^"^ 'T^^ "' "'^^"'^ ^^ «°^"*^^« i^ Reducing the uppei Uanada may,in their aiscretion, upon the application by area of 4 petition ^^' Provide. Proviso. XONICIPAI, INSTITUTIONS. the now limit, intcn Jed Tor " ' 1""' ''^ ''''^''''' ™ '' b'S' provided also, that no incorporate, 'J!?,""!"'™'"! village; „„7l change of boundariea be ZStj 7?- "'"'" V My s, "h not tbe \'"'i"""P''' privileges «fd'L'l,rf '"'T'''"' ''""■"'oi-. not thereby bo diminished or n(i,„ *= • "^"'"^^ village shall spects the remaining area thereof '™ '"^'^'"■'-■'^ ^uTJ^t "hen tho 1 1 TTTj Ste!r. »ore ■Z;;?L!''t"ho"To'4r r ™^- viiiage lies within two or nt"^'l:"^«^'^on„ttl,e"':o:St^'\:'l'^"'V,''rW, tooneofthemnionths after the noH-f.-nr!^ ., counties; and if vfithl ■ When by the Governor. Additions to villages bj' Governor. tho'fxpirS ''; r'r monl?'' "'">"' "- '-"«. next ,fto, as aforesaid then on. Zj^Tol't^fT"!:']^ «'« «~ &tdX;''^n"x4'^ -.-ox the ^neorpad^S-~a,,, ^^ ,^^^^^ tho'coJl'^'totdTo"!!"" if-rporated village petitio -ay, by Proela^atn "add to thfv^hL"'"-'. '^f Cr ties adjacent, which, from the Zj- ■? ""^ Part of the local; mgs therein, or the probable fu£»'""-^ »f the streets or told " may seem desirabli tH M A T'^S"'''''' °f tho vilkJl •; nothing heieia contained sHII h^^ 1 ^'■"'*<1 "l^vs "hat departure from the provMom oft T^'f;""' '^ ''"thoriWanv tion ten of this Act "f subsections one to five "f se? 15 Provii 180. village, whoso IJouhlQ the not •liectod therein, uch village by ""g purposes; Gs and bounds, I village ; and' ' hy any such *Iow the num- ^'icled further 1 village shalJ " with as re- v^ithin two oj- i, by by-law, f ^vithin six •* t'lo village 1 county the ""ties si.all t'>p ff-ounds the Gover- >ne of such '» next after ' Governor md house- f' to settle proclania- sftid coun- MUNICIPAL INHTITUTIONH. 15. In case it appears by tho census return taken under any Act of Parliament or under any sucli by-law, that a town containsovor tiftoen c.jusand inhabitants, tho town may bo erected into a city; and in wuso it appears by tho return that an incorp(jrated village contains over three thousand inhabi- tants the village may bo erected into a town ; but tho cluingo shall bo made by moans of and subject to tho followinr^ pro- ceedings and conditions : ® ' Town oontiuii- ingover flftcea thouHand inh»- bitanU may be niaiie a citj ; and village containing orer three thousand, a town. B^irstly— The council of tho town or village shall, for three ist-Notic. t« months after tho census return, insert a notice in some news- be given, paper published in tho town or village, or, if no newspaper be I)ublished therein, then tho council .shall, for throe months post up a notice in four of the most public places in the town or village, and insert tho same in a newspaper pub- lished in the county in which tho town or village is situate, ■sotting forth m the notice the intention of the council to apply lor the erection of tho town into a city, or of tho village into a town, and stating the limits intended to bo included therein ; Secondly--Thc council of the town or village shall cause 2nd-Proof the census returns to bo certified to the Governor in Council publication «f under tho signature of the head of tho corporation, and under c^nZ ^""^ "^ the corporate sea , and shall also cause the i)ublication aforesaid to be orovod to tho Governor in Council, then, in tho case of a liy ; \ Governor may, by proclamation, erect the vil- Proclamation lage m .o a town oy a name to be given thereto in the pro- ViUage made clamai.on; y ^ ^ a town. into^a dtl-^Jhff ^ *^' application is for the erection of a town 3rd-Existinr into a city,— tho town shall moreover pay to the county of '^^bts to be aJ- which it forms part, such portion, if any, of the debts of the ^^''t'^ 'VT county as may be just, or tho counci/of the town stall ac.reo --1^^^^^^^^^^ with the council of the county as to the amount to be so paid, and the periods of payment with interest from the time ol' the Tnlf r ^ f '"^/j^^' °V.^ ''''^ ^^ disagreement the same shall bo determined by arbitration under this Act ; and the councd shall prove to the Governor in Council the payment agreement or arbitration ; pciyuieui, Then, the Governor may, by proclamation, erect the town 4th-Govenior into a city, by a name to be given thereto in the proclamation ™*? proclaim ■■ ■ Buch town a n Jf ■ ^^t ^^T""""'" T.^^ '''^^"^'' ^" *^^ ^^'^ *°^^ O^ ^^y such Extension of portions of any township or townships adjacent thereto and ^'^its of such within the hmits mentioned in the aforesaid notice as 'from ^""^ ""^ "*^- the proximity of streets or buildings, or the probable future exigencies 6 Wards MUNICIPAL INSTITUTIONS hundred inhabitants. "''' ^"^ ^« ^«rd Jess than fi^^ liands detach- |e t^, edfroi.coun- .,' ," {« case any tract of hnr] < .^ , ---beion^I^thes^:::^-,--^^^ Nray DIVISION OF wards in CITIFS Avn . ^>- division S«r, , , ^™-SA>,D TOWNS, of wards in •/ "" ^'^^6 two-thirds of +T.o r.. i Ss.-^ c,ty or town, do in 00^.^^^^^^'^^- council of a 2"; year, pass a resolution affirminrtlf' '"^Y'^''^-^ °^ ^^^Y in div sion mto wards being made of the f. '""P^'^^^^Y of a new tLu'T"^'' ''^^''' ^^ithin the ex s nV ^v' ^"'""' "^ ^^ '^^ Part tionof any part of the looali^t. ? *' ^'''^'^^^^ the addi- proxinnty of streets or huM^'Z '^^J"^^^*' ^^'^^ch, from Z ture exigencies of the city or t?'L il'"'' "" ^'^^ P^^^'-^'^^e fu! I^ensxonof ^f^^^^^^jeto respectively, IheQove'nnV"'^ T"^ ^''^^^^^ to "^^ divide tlie city or town , such ,nf. '"'^•^^ ^y Proclamation ^o liberties. By-laws to continue in cities, townn and viliages, until, &c. Wl-oi not to oe rcpe^Jed. And when the iitfiits of a niu- nici|).ah"ty , extended. '"■""•^ """"'<' "»=»'-«-.■ out. ™„,i„,,;,, ExisTiKc. m.-i.„vs com-muED. '**• In case a villno-o i,« • .-^ge or town with or ^'i ^^^^^^^^^ or an incorpora: .d vil^ town or c'-ty, the by-la^ s in 1 f,'^ '''''^' ^^ ^recte,! irto . continue in force un^l ^^.^a led oTou'^^T;"" ^«'^P«*^tive]y 'hal new corporation ; but noS b^Ia vff 7,''^^ ^^°"»^^^'l «f ho tereu imless they could 1 ^vp L ''^ ^^'""^^ ^'"^ repealed or 1I ^lte.ed V the ^unjlV^ ^^^;^^,^l^e,.J^ p ,t.^, ji ^y-^avv.-^ of the municinolut^T n '"''' ^^ '^ munici- the •nor in Council II or city into ' but no town ^tiss than five > the town or 'all theneefor- other county, •f the town or ["OWNS. council of a y of July in =y of a new , or of a part th tlie addi- Ji, from the irobable fu- desirable to ^oclamation, ai'ds, as may 1 any part irovernor in 'le to attach •ities. )ra>,dvil- tP'! into a ^'eJy shall (-il of the led or al- pealed or munici- ' the ad- n which the MUNICIPAL INSTITUTIONS. *f the same has been det;ached shall cease to apply to the addition, except only by-laws relating co roads and streets, and tkese ohall remain in force until repealed by by-laws of the munici- pality added to. LIABILITY TO DEBTS TO CONTINUE. 3?. In case of the formation of an incorporated village, or of LiabiUty to the erecl^ion of an incorporated village into a town, or of a town f®^*'^ *** ''***'" into a city, the village, town or city snail remain liable to all ^^^' the debts and liabilities to which the village or town was pre- viously liable, in like manner as if the same had been contract- ec^ or incurred by the new municipality. 34. After an addition has been made to a village, town or And in case of city, the village, town or city shall pay to the township or f"^f^°^'''"°* county from which the additional tract has been taken, such "^ '' part (if any) of the debts of the township or county as 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 "be paid, or as to the time of payment thereof, the matter shall be settled by arbitration under this Act. COUNCILS AND OFFICERS TO CONTINUE. Former coun- cil and officers to exercise ja- risdiction over new munici- palities, &c., until new councils are organized. 35. 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 organized' ct.ntinue to have the same powers as before ; and all other of- ficers and servants of the place or municipality shall, until dis- missed, or until successors be appointed, continue in their respective ofiices, with the same powers, duties and liabilities as before. WITHDRAWAL OF TOWNS FROM THE JURISDICTION OF THE COUNTY. 26. The council of any town may pass a by-law to with- T-wn may be draw the town from the jurisdiction of the council of the county from'jSic. ■withm which the town is situated, upon obtaining the assent tion of county of the electors of the town to the by-law in manner provided ij^tS wndi by this Act, subject to the following provisions and conditions : *^^n^^ 1 A.ftcr the final passing of the by-law, the amount which Amount to be the town is to pay to tlie county for the expenses of the -id- I'^id by toT\Ti ^ .... towards ex- muiisti-atiou 8 I: it MUNICIPAL INSTITUTIONS. •JO, sec. 2. Matters to be considered in aettling the same. then existing debt of the comttS i"""^"' "^ ^^" ^s fo? the »hall be ascertained by arSt? " T'™"'y ""gfe^d upon ag^ement o. award shadMnCTishth."'''' *■"! ^^' »d the paad for the said expenses, 3™ the thr^?.' *° '" *™™Uy eir^r •'^ "'-»- ^'^e Pa~ t SX'teTt' ^d^» b f Jf *^™' »^^- wh^? 1*'^ '"^y- -'S I«"a, or be liable to nav fni-n,«„ i . ^ county may havo wthin the town; anT^ L^a. "°"°° °^ ™^^ »'• Wgl' the town the yalue of its i/teresfc jn " '^'"^'' a"d aUo-/to "•oads and bridges withS ^K^"? ^'^ '^<"«"y Property, except Copy of agree- q -tTri .. menttobesent ,, "iien the aoTepmpnf ^r. „^ i , .o^.i=Gov„-' he same, and of Cwtw duTvl •«%''f "■ '^^- - -m of proclamation withdrawinp- ihl 7 i? " thereupon issue his the council of the coultyf ^" *°^ ^'^"^ ^^^ JurisdictLn of Effect of such A, An^ ,, proclamation. * /*-iter the proclamation Iioo i.« • and deputy reeve or Sty reTv^! "J-fu^'^' *^« ««««« of reeve no by-]aw of the councTof /h! ^^ *^^*own shall cease and the to^vn, except so far! IS' ?"f/^ '^^^ ^^^« any See ^ pay to the county or into ih^ V. \ .^ ^*^^' or be obliged tn county debts or other purDoserr*^ .*''^^"^>^' ^^^7 monfy for agreed upon or awardeHTSsaTdT '"'' '"°^^ ^^ "^^ ^^ mentSrVe ^\ '^^''^^^ the lapse of five vp-ivc. ^ years. ment or ai^ard, oV such shor^ter f / "" *^' *"^^ of the agree- ST' '' ^"^^^' all^greemeTt o? T^ '^^ ^^^^^^ ^ ^^^ naaae. to fls^o>.+»;„ xt_ . "-s^^^tiwient or a -np.w a^rr,^^ ^_ 31 Vic, cap. «», sec. 3. 2-nt"<; aw^d:rne*°^- «- - -y 4%";^ Khe eTuSy*?or^h^f:^4t:Tfie'^F^^^^ erection and repairofthe reSstrv T"*"'*"™ "^ J-^tice" the Act respecting the re^istrJtS - • J^' I^^ovisions of anv ^ands. <^-L-„i,.on u. instruments i .io+; Z instruments i^ing to 6. MUNICIPAL INSTITUTIONS. 9 6. After the withdrawal of a town from the county, all pro- Property after perty theretofore owned by the county, except roads and ^**^«^'"»^al- bridges within the town, shall remain the property of the county. I r J TOWNSHIPS. ERECTION OF NEW TOWNSHIPS. ' 27. In case a township be laid out by the Crown in terri- New township tory tormmg no part of an incorporated county, the Governor ^«y«»^ the may by proclamation erect the township, or two or more ofp^l^'^Zl such townships lying adjacent to one another, into an incorpo- ties may be rated township or union of townships, and annex the same to ^oSbypro- any adjacent incorporated county; and the proclamation shall ciaanation.^ appoint the returning officer who is to hold, and the place for holding, the first election in the township or union of town- ships. SEPARATION OF UNITED TOWNSHIPS. 38. When a junior township of an incorporated union of Junior town- townships has one hundred resident freeholders and house- ^^*P contain- holders on the assessment roll as last finally revised and passed, iTofdSs, &Z such township shall, upon the first day of January then next *« ^«<=«°»« » thereafter, become separated from the union. septate muni- 39. In case a junior township has at least fifty but less than In what case one hundred resident freeholders and householders on the last J"i»ior town- revised assessment roll, and two-thirds of the resident free- LtleTS holders and householders of the township, petition the council l^' ^u* ^x- of the county to separate the township from the union to which beliScT'' It belongs ; and m case the council considers the township to ^^^ how. ' be so situated, with reference to streams or other natural ob- structions, 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; and the by-law shall name the returning officer who IS to hold, and the place for holding the first election under the same; or m case two-thirds of the resident freeholders and householders of one or more junior townships petition the council of the county to be separated from the union to which 31 v c so they belong, and to be attached to some other adjoining muni- s- 4. ' cipality, and in case said council consider the interests and con- venience of the inhabitants of such township or townships woulu -oo promoted thereby, they may, by by-law, separate such township or townships from said union, and attach them to some other adjoining municipality. ANNEXATION 10 m MUNICIPAL INSTITUTIONS. ANNEXATION OF GOBES. gores to adja cent town- ships. The Governor 3 A Tha n^ may annex i • '^^ ^^^ernor mav bv nrnnl„ X- ""-^ ■ ?"P/,? Partly to each oTmoKw^^^^ small tract of Jand lyin.r^SLcenf^r f *'''^^ «"«' any goreTr of any toxvnship, and s^ucirtn"^ '"f^^ ^^"^ "«* formin. part for alJ purposesVm pa Tthe ^^ t"" ^J^encefor^aTd annexed. ^'^^ «^ ^^^e township to wliich it is ANNEXATION OF NEW TOWNSHIPS New town- 21 T„ ships, &c., . •*■• -in case a townshin bp lo,-^ ^ * •. ^t^inth^li. incorporated county or union nf \-^^ ^^^ ^^'o^n in an P^^tfdrn.- II -"y township thLin not'^ncoroorX'r '■ °/ ^'^ ^^^ ^^^^^ ties to be unit- to an incorporated union nf*^^?*^^ ^^^ »ot beloncrino- and how. Ship for municipal purnr)sp. +1 "^ ^y-Jaw, unite such town- township or unison oTOwnlip: inThe ''''''''' -corpoS of counties. "'''^^P^ ^^ the same county, or union Townships not qo t incorporated «»'*• in case of tliere boir.„ i ^^^Kre'^dS^^:"^^ ^^ "^"°^ «f-"nti:sTwf r^^;-^ '^ - incorporated how"'' ^"'i ^f1 ^"^o^Porated, ar.d not bdonajnl .^'''^ '"^^J^^^^t townships nL ?^"t'P'' and in case such aSfnt f ^"^ V^^.^^^Porated union not Jess than onehundredrpl??!^ ,*T°'^^PS have together wrthm the same, thel'n'ciUf Thtt^^^^^^^^^ ^"^ householder! may, by by-Jaw, form such fn^^ i?-^ °'" "^^on of counties union of townships. ^ townships into an independent Townships in «„ , diflFerent , «*•»■ In case the unifprl +^,^ 1 • -nties. the by-law shall cea^to t' n^otfwr ^" ''f^'^' --ties, counties is dissolved. ""^ whenever the union of the SENIORITY OP TOWNSHIPS Seniority of o^ ^ ™ted, and tl.e°tow„.4ips;;the S? f ?f *''« '°™«''ips "o 'y-'"-f according to tlio rpl-,t;l , ''*" '"' "'"^scd in the "ou.ehoiders on the last'^td^scr eS ;„y-"°"- and COUNTIES. NEW COUNTIES, ^ew counties, •Jflr m, ^ how formed by '*•'• ^^0 (aOVernor m-iv h^r r.„ i proclamation, countv anv new fmvr^.i • "3 proclamation, form infn ., ,. -'■- -...c,.,„„.,ue„ t„™,„.,., „; s,r;:.u:crnnteed territory X to any town- le, any gore or t forming part ^hencefoi-ward 3 wliich it is Crown in an n case there ot belonging )uncil of the such town- incorporated tty, or union MUNICIPAL INSTITUTIONS. territory (defining the limits thereof) not being within an 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 consi- ders 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 conveni- ently be united with the inhabitants of an adjoining incorpor- ated 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. SENIORITY OF. 36. In every union of counties, the county in Avhich the Seniority of County Court House and Gaol are situate, shall be the senior H'^^*^^ ''°"'*- county,_and the other county or counties of the union shall be rSS. the junior county or counties thereof 11 LAWS APPLICABLE TO. ST. During the union of counties, all laws applicable to Laws appiic- counties (except as to representation in Parliament and Regis- ^^^^ *« ""^io" tration of Titles) shall apply to the union as if the same formed *"'"°"^'- but one county. VENUE IN. 38. In the case of united counties, the venue in any judicial Venue, how proceedings shall be laid in the proper county of the union ^^''^^"'"Dions (naming it), and describing it as one of the united counties of °^ ' , and in such case, the jury for the trial of any issue, civil or criminal, or the assessment of any damages, shall be summoned from the body of the united counties. ERECTION OF PROVISIONAL CORPORATIONS AND SEPARATION OF JUNIOR COUNTIES. ' counties. > «i new n incor- one or ganized srritory PRESIDING MEMBER — FIRST MEETING COUNTY TOWNS. 39. When the census returns, taken under an Act of Parlia- ment or under the authority of a by-law of the council of any united counties, show that the junior county of the union con- tains seventeen thousand iii ' , " ut^nts or more, then if a maiority ot the reeves and deputy reeves of such county do, in the month of j^cbruary,pass a resolution affirming the expediency ot the county being separated from the union ; and if in the month of February in the tollowing year, a majority of the reeves Provisional separation of united coun- ties by- proclamation appointing place of meet- ing and presid- ing oflSlcer. 12 MUNICIPAL INSTITUTIONS. And county ih "^"^f >^ "^«^^« ^ov the countv ! ^'- ^^««"tute the reeved' county the proclamation apDoinAf-^ ^P'■''^^•''^onal council an7t of the council, andTe" n^t": ^ne ^'^f ''' *^^ ^TtlSng at the meeting, and also tWin /. '*•' "^«™bers to presidf the name of tht county Town ^ ^'^'""'^"^ *^« P^^ce Ibr and Whotopreside 4 A H^K^ , till provisional ^.r' "^"^ *»ember SO aDDoi'nfo.l d n among the members thereof! ejected by the council from i'ROVlSWNAL OFFICERS. Appointment dl T7„^. «f provisional ^^,- J-^voiy j^rovisional eoiinnil cl 11 ^ warden. &c. appomt a provisional warden^ n L • ^" ?''^ ^'"^^ to time His term of office; and of trea- surer, &c. PUItCHASE OF PROPERTY. Provisional AA ■|7'„„ councils may ^*- J^very provisional conn^il rv, courthouses, ^^^^t a court house and o-aol anrl rJn ?ounty on which to POWERS OF THF ITMinxr ^.r^ THE LNION NOT TO BE INTERFERED WITH Powers of 41 Th^ '^Aiii. SSrS.„ «tl'theteSl:'roVT?'r"""" ^'"l -t interfere .n.0.. .ndorendent of .ho .oney ^^d' VXXl:''::^.t:hi DEBTS AND ASSETS OF THE UNION ^«.Afterap.v.io„a.eou„en..p.„e.edthenece3s., property. MUNICIPAL INSTITUTIONS. 13 oroperty and erected thereon the proper buildings for a court A,rreement» house and gaol, the council may enter into an agreement with tod«bt8upo the senior or remaining county or counties for payment to such *^*'"°^"*'""- county or counties of any part of the debts of the union as maybe just, and for determining the amount to be so paid and the times of payment. ' 47. No member of the provisional council shaU vote or take When provi- any part m the council of the union on any question affectincr ?'o°H '=""°«=i . such agreement, or the negotiation therefor. ^ y^^ ""^ 48. In case the councils do not then agree as to the amount or periods of payment, the matter shall be settled between them by arbitration under this Act ; and the junior county shall pay to the senior or remaining county or counties 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 for, like other debts, by the council of the junior county after being separated; Provided alwavs, that if no such debts exist, and the councils do not agree a^ to the division of the property belonging to the united counties, that then an arbitration sjall take place within twelve months after the separation of such counties has taken place, and the arbitrators shall take into consideration, and allow to the junior county the fair proportion of the value of any personal property of the united counties, which by the separation of the counties be- comes the exclusive property of the senior county; Provided also that the provision in this section contained, shall not ap- ply to any county where proceedings have been commenced or taken, previous to the passing of this Act, for separating such county ; Provided also, that nothing in this Act shall prevent any senior county from which the junior county may have been separated before the passing of this Act from paying over to the junior county its proportion of the assets belongin.. to the united counties at the time of the separation Arbitrament. Payment of debts ujwn dis- solution, Dfcbt to bear interest- Proviso : If there are no debts, as to di- vision of pro- perty. Proviso : Not to apply if proceedings nave com- menced, 29 and 30 Vic, cap. 52, sec. 1, Proviso : Not to prevent senior county from paying, &c., 31 Vic, cap. 30, sec 5. GOVERNOR TO APPOINT JUDGES, &C'. senior' of r.'^!!'n-'"'"*^ ^ P^^^ ^^. *^" J"^^°^ ^^^^^^ ^O the Tem. and senior or remaining county or counties has been paid or ascer- *™« "^ ««p«™- tained by agreement or arbitration, the Governor in Council *^'"- ttSe /T*f7"Z^ -unty,a judge, a sheriff, one or -Tu^.e, .c. to more coroners, a clerk of the peace, a clerk of the county court ^'' '^PP^inted. pro.idc, in tho commission or commissions, th^t the appoint- ments are to take effect on the day the counties becomrdt M: 50. United coun- ties, when and how to be se- parated by proclamation. Property how divided. S2 Vic, cap. ■i'i, «ec. 18 14 MUNICIPAL INSTITUTIONS. WHKN A aumoB COUNTV MAV BE SEPABATED. remaining county or countio. «^?l I i? f*^ ^'"''"^ *'^e senior oi^ to take ertect on the firSa '' o? if ^" '''"'^'""^ ''''^ reparation three months from the date ^/hf "''7 "'^^ ^^^^^ ^'^e end of ^lay the courts and offiet;^^^^^^^ and on thlt jurisdiction in the junior countv onT/ " ''^'' *^ ^^'-^^^ '-^"7 poration of the union situateTi th; ^1* ' ^'^^'^'^^^ °^*^^« ^o^- the j,roperty of the corporftLn of the ^Tn'""''*^ '^^^-^^ ^^^^"^e property situate in tli'e re nahi'L on, nf"' '""?^^^' '"^"^^ ^^e «hall be the property of the rSion o?^T '' "'"■^*^>^ *^°"^^i«« or united counties ; and the assets «m? ^l "^ remaining county ing to the corporation of the union hluK?'" action, belong- property of either the enior or kntr ^^'"? *" ^"^ ^' «^^ counties, as agreed upon at the sepaSn ''''?*^' T "^^'^^ ^^ of any agreement, they shall beZa^o f'K'^ *^^^ ^^«ence the senior county, or union of coL ° "^ ^^ *^^" P^^Pe^y of choses in action, they may heZ'"'/^^' ^" ^he case of other legal proceeding^nSi^uted oi co™^ ^" J ^"^^' -^^^-n. or the senior county or Snion of counties p""'^ '? *^" "^°^« «f nothing herein contained shall Ze't f^^l'^'l^^^^^'^' ^hat senior county from proceeding upon 'nd . ^^^"^ ^^ ^ny such tion or service within the junior counvT^^'*^'"^.*^^ ^^^«"- or final process in his hands at the Zp"^/ ^"? """^^ «^ "^^sne of any renewal thereof, or of anvll^ °^ f""^ separation, or ^^ntinthe sr.me caus^T in th'" ^"f ^ °" «"PP^«°^entkry ands from execut.-ug S necessary 21 '^ ^/««^<^ions against lating to tJio same, and the actTo7« I ""^^ .^^^^eyancls re- shall be and be held and cLstmed t^^^^^ same manner and to the same extent as 1?^^^ "^^ ^"^ ^^ ^^^ taken place, but no further. ^° separation had Place of trial nr.> r^ ,, after dissolu- **"'■ ^^ "pon the dissolution r>f o tion of unions, pciidin^ au action ^nf! ?^ -^ "^'^^ of counties thprp ;o •.'.jude=. the court in which the action S' ?-'^°™'^ "'^'^e union Pendmg, or any judge who hr^fe'™ ^ '■'*''=*"»' «' may, by consent of Sarties o7on 1,« "^ f,,™''^ "''"'''■■s therein */ and aJl such county, and in the case of "„' „,1'!'^.P!:°P<«- "Aioers of any Court of Oyer and Xern>in'er"i;rG',itfS'^"e^!;t;^ any Iroviso: as to execution and service of writs. 3vernor shaJ], the senior or ch separation ;er the end of and on that > to liave any '^y of the cor- shall become pty, and the 'ted counties ining county tion, belong- ' and be the or union of the absence property of the case of '■>, action, or he name of ^ways, that )f any such the execu- t of mesne aration, or )lementary fis against ^ances re- hat behalf tlid in the ation had . there is ■ judicial he union, itment is 's therein ipon affi- >^. and all fficers of bund at )elivery, any MUNICIPAL INSTITUTIONS. tg any Judge of either of tlie Superior Courts of Conmion Law may make the order. ' 53 In case no such change be directed, all such actions, in- if no special lormations, indictments and other judicial proceedino-s shall be «rder is made, carried on and tried in the senior county. * COURTS IN. 54. AU courts of the junior county required to be held at a Place for hold- place certain, shall be held in the county town of tlie iunior i^e courts after county. "^ separation. PERSONS IN PRISON. . . •'^^•^ny person chained with an indictable offence who, at the Indictable of- ti me ot the disuniting ot ajuniorfrom a senior county, is imnrison- 1""",^^ '^°^,*« ed on the charge in the gaol of thesenior county, or is under bail "" "^^ or recognizance to appear for trial at any court in the senior county, and against whom no indictment has been found before the disumon takes place shall be indicted, tried and sentenced m the senior county unless a Judge of one of the Superior Courts of Common Law orders the proceedings to be conducted m the junior county, m which event the prisoner or recogni- zance (as the case may be) shall be removed to the latter couS tv and the proceedings shall be had therein; and when in any such T ^^^ '^fw • ' "l^?"^.'^ *" ^^^^^ been'committed in aYounty other than that m which such proceedings are had, the venue may be laid m the proper county describing it as "formerly one of the umted counties of, &c." ^^^^^uy one PERSONS ON BVIL. hefot ihIlTZt"r\"^ "' ^'^^*" ^^^ """^^^- ^i^il process, Proceedings in belore the separation of a junior from a senior county and "^^ cases^un- liable to be imprisoned, shall be so imprisoned in the gaol of the ™"'''' county m which he was arrested; and all proceedings in any suit or action in which any person was so arrested Jr held to bai^ and aU proceedings after judgment founded on the arrest Z If?^.^? ^^'^' f ^"'^ ^' ^^^"^^ °^ ^« if ^he arrest or holdW to bail had taken place in such county a. a separate coun y^ and m case the proceedings are to be had in the junior county' all the records and papers relative to the case shall be trans- mitted to the proper officer of the junior county. PERSONS CN THE GAOL LIMITS. by WUdTtted"^ W^h "' '*M ' P-f"? ^' ^^ °^"^^^r prescribed PrivUeges of oy law) admitted to the ga^l limits of a union of counties and P«"ons''adinit- ' ,, ted to gaol the 16 MUNICIPAL INSTITUTIONS. dKuS'''" ^^^ ""ion bo afterwards dissolved or on« . separated from the union such SUnn Tu?""'^ ^«"«^^«« ^ standing travel and reaid^ ^^Trrtion' ofll'' ^"'^^ '^"'^^^^■ as if no dissolution or separat on harlflT , "'"'^ ^°"^*ies mitting a breach of anyXnd o?fhA ^-f- ^^T ^itl^outcom- feiture of any securitZivpn f il condition thereof, or a for- benefit of such S fnd n / ^"'^''' °^ ^^^^^"^^^ <^h« dissolution of thrun on be urrTderpT '"'^^ f ^^^^ ^^^«^ ^^^ mitted to close custody he shin h "^ ^' ^''^^"'^^ *« be com- Officers and kq ^,;., property, ,&c., **^: VVften a junior COUntv iq «A»Q,.o+„J X- continued. Counties, the head and memberrof T *^ •^•'"" ^ ""'"^^ of the junior county and th^Tffl! ( * 'f provisional council of assete and liaWlitios of the nfnv'-' ^^i"^^^^' contracts, property i^ead and mem£ of ^theCnrtTfr'T' ^^^^^ eontrac.,property,.setsarSl-^^^^^^^^^ By-laws to continue in counties and townships. Upon dissolu- tion of town- ship unions, the junior to pay a just por- tion of debts of the union ; and disposi- tion of proper ty of the union. BY-LAWS, DEBTS AND patpc /-.», ^ sei*rcrnt;:rttnsHrlT'?™^''T '= ^'^P-ated from a tinue in tovZ °n th™e™?;i .„X- ""^ "^ *''« ™i°» "hall con- 4, 'Ko^TKXT.r^^^^^^^ -n. the remSning towSpt tl^Urp^;'"'" ^ *''« P'»Perty of Joint interest Q T^i.^ j. in assets. ^.'^- -ine two Corporations shall bp i"mr,+i., • x other assets of the union and tht «« J. ? iTv"*^''^"*^^ ^^ *he one, or shall be divideTbetween hT^^f .h'"^^^"^^ ^the posed of, as they may a^ee? '""" "^""'^ be otherwise dis- astod^l)™/" ^- The one shall pav or qllnw *« +1 ii and re counties bo may notwith- said counties , without com- Jreof, or a for- obtaining the •son after the Oil to be com- or committed ested, and bo 'O BECOME a union of il council of cts, property, shall be the 3rs, by-laws, corporation. P COUNTIES •ted from a i shall con- iv^hich com- council or 3s, the fol- 3 union ; tiior town- lemaining loperty of id in the ed by the rwise dis- ct of the he union, and MUNICIPAL INSTITUTIONS. Jijr 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 three How to be de> montlis after the first meeting of the council of the junior town- I^J^^TaL^ ship, agree as to the disposition of the personal property of the ^oement union, or as to the sum to be paid by the osne to the other, or as to the times of payment thereof, the matter shall bo settled by arbitration under this Act ; C. The amount so agreed upon or settled shall bear interest Amount set- from the day on which the union was dissolved ; and shall be iitemt?*" provided for by tlie council of the indebted township like other debts ; 7. The provisions of the six preceding sub-sections shall apply Case of viUage in all cases where an incorporated village separates from the 5«P"»''^°» township or townships in which it is situate. eMp. 61. In case of the separation of a county or township from a LiabiUtv of union of counties or townships, each county or township which ""'"'" ^'' formed the union shall remain subject to the debts and liabili- ttmeVf*^ '^"J; «»^^«riff or by any otherwise howsoever ^ '^^'''' "^^^^ '^"^ statute, or . «». After the dissolution, the council nf H,„ ■ mg county or township shall iisim^f? f . '''"''''' "^ ^^™ain- gations for any part of any debr.nn. '^*''',*"/^' ^^ ^^^^^ obli- which debentures or other 4K^^^ ""ion for not been issued before the rs^Hnn ^'^5* have been but hail obligations shall recL or Xe u '^•''k^^ county or township therefor tnde this t^'^ '^, '> J"^^- county or township shall be uluth.Z ' -f'^l *^^« J^^io^ been issued by the^nior co\n" '' ^^^ «-«^e had thf ^eat^Lrsrrs^^ ^ --- ^or effect, shall belong to the Sn an^ shnll l ' ^{f ^^^^^^n takes over accordingly,ind afL^tCiu ^ Lf f '''''^? ^"^^ P^^ the payment of debts theretofore frnn!TK'PT^^ "^^^'« ^^^ union, shall continue to be leS in C« • ^ ''"^ ^^'^'^^ ^f the «hip ; and the treasurer of the tnL . ^""T' '^"^<^>^ °^ ^o^"' pay over the amount Z received rtw"^ °' '^''''"^' '^'^^' county or township, and tSter «h«n TlV ^^ ^^^« ^^nior ceived in the same CnnefJ thf ^ ""PP^^^ *^^ °^oney so re- by-law in the senL'county"^^^^^^^^ ^^^^^^ ^^^ ^^^ same tow^hf;, :rtVL7rdL"o?te'"^-'^ ^^^ ^^-- --^y or in respect of a liabilityTf ?h^^^^^^ ''T I'T'^ '' *«^««hip, the agreement or award LtweTfTl ''t ^t '""^ ^^^^h, by or township oughtlo mv tL pv. ''"'^*^" J""^^^ county the senior I remai^n?^^^^ ^^^^^^d against or a. for money had an^dri^^^sThtrmly ^ ^^'' 1. The provisions of the five nrecedino- , t sjxty, s,xty-„ne, sixty-two, sixtyiCe an^ 7^?'f "'T^''"^ the subsections to section sixty-on") sM ,^ '■'-' ' ff^'=«P' :hS H i^"s1Sr ^"'"^ -~ '- 'tfc^lnl.^' MUNICIPAL COUNCILS. &c.. OF WHOM COMPOSED. THE HEADS. sl^lItJ^f.^'^T^!^^^ pn)visional corno™i.ion _ u„.,gn„t^a wiu wjirdea thereof, anri ^*- « x -— -Jon of every city and town MUNICIPAL IK8TITUTION8. 19 town the mayor thereof, and of every towa^hip and incori)ora' ted village the reeve thereof. THK MF.MBKKS. ior or remaiii- or other obli- ho union for been but ha councillor. aaaitional deputy reeve instead of a County coun- 67. ^o reeve or deputy reeve shall t«t. r," . • ' county council, until he has filed wifw!.! ^is seat in the council a certificate unLr the W L5' '^TV^ *^^ ««"nty village or town clerk tL+LnK ""^ seal of the township cap.52,8ec.67: declaration of the clerk or otW r>L u^ ^"^ affirmation or tody of the last revised assessmeSf?, ^f"? *^^ ^^^^^ «"«" which he represents that thpT *^^ ^aunicipality namesofatlLtClmndrtdfL^^^^^^ "P?^. ^^^^ ^«1^« thi the municipality fcr the fiSt Sx ^' ^""^ householders in municipality, and that no alteratn r?d^f '^' !t\'^ ^^^ «"«h municipality, and the number of ^e'nn^''^ *^' ^°^^^' «*' *he property qualification as voters wSnfl ^""r^T^ ^he same ^^^- ^"^-e^t^lS^P-^^^^ three in PROTISIONAL COUNCILS. WHO TO COMPOSE. 69. The reeves and deputy reeves nf ♦!,« • . ,. withm a junior mnnfy ^o- ™i-f i ^^ *^® municipalities established" shall ex-^omiinL +1!"''" ^, Provisional councU is council. ^ "-^'^ ^" *^« "^^"rhers of the provisional QUALIFICATION What reevei anJ deputy reeves to be provisional council. 3 very additional > same property til be elected an )f a reeve, who rs, and if the reeholders and then the coun- ■ee councillors, ersons possess- on such roll, e instead of a s seat in the 3f the county the township, ^ty reeve was eclarations of rom) as such eeve, until he 'ffirmation or he legal cus- municipality iich rolls the iseholders in ted for such limits of the mg the same red for each last revised, he three in ie. inicipalities council is provisional MUNICIPAL INSTITUTIONS. 21 QUALIFICATION OF MAYORS, ALDERMEN, REEVES DEPUTY REEVES, ClOUNCILLORS AND POLICE ' TRUSTEES. 70. The persons qualified to be elected mayors, aldermen. Qualification reeves, deputy reeves, and councillors or police trustees, are ^^ counciUoM, such residents of the municipality within which, or within'two *°'' miles of which, the municipality or police village is situate, as are not disqualified under this Act, and have, at the time of the election, in their own right, or in the right of their wives, as proprietors or tenants, a legal or equitable freehold or lease- hold, rated in their own names on the last revised assessment roll of such municipality or police village, to at least the value following : — In townships— Freehold to four hundred dollars, or leasehold in townships- to eight hundred dollars ; In police villages— Freehold or leasehold to four hundred In poUce dollars ; villages ; In incorpoirted villages— Freehold to six hundred dollars, or In incorpor- leasehold to cwelve hundred dollars; ated villages; ^ In towns— Freehold to eight hundred dollars, or leasehold to In towns ; sixteen hundred dollars ; And in cities— for mayor and aldermen— Fn ehold to three In cities, 31 thousand dollars, or leasehold to six thousand dollars Vic, cap. 30, sec. 7. And so in the same proportions in all municipalities and As to property police villages in case the property is partly freehoM and partly i^^F^'y fi^ee- leasehold. ■ The term "Leasehold" in this section shall not include a "Leasehold " term less than a tenancy for a year, or from year to year. defined. And the qualification of all persons, where a qualification is Nature of required under xnis Act, may be of an estate eiJ.cr legal or estate, equitable. 71. In case of a new township erected by proclamation, for innewtown- which there has been no assessment roll, every person who at ''^'P "«*> ^av- the time of the first election, has such au interest in real pro- J.^ ««««°^«°t perty, and to such an amount m hereinbefore mentioned, shall be deemed to be possessed of a sufficient property qualification. 78. In case in a municipality there are not at least two if only persons P^'^^" ^^ one S22 MUNICIPAL INSTITUTIONS, qualified. persons qualified to be elector? fn. « i, . • qualification beyond the aua^^^^^^^^ '- *^' '^"^'^^' '^^ neeessaiy in the^pei^onTtoreSd^^^ "' '^ "^""''^^ «^^" ^^ DISQUALIFICATION. pisqualifica- ^yQ xr • j SK:r?3lkoJpor^"f'a Ke'^^ T" °/""' i"ri«li<=tio„, „„ gaoler or to™, a^essor/coufctortiL^rer cha-JJ^'f'!'^ '"^ "'^ "^ mnmcipaJity, no bailiff'of ^^^d ^.f ™^„'^'>' »■■ «lerk of any ney, no registrar, no deputy deAlfTy.r ' '"' '""""'y *"«>•- county court, n./ clerk o?S>e peace no TnT' "" "=''* "^^^^ keeper, and no person having Wi;- '""-kefper or saloon- interest in any contract J ?|^ „^ himself or his partner an shall hereafter^be qS ard t I ™ '"H^ °^ *'"' '"--poration, J?""-™"", r^' 1^^''.1" > J-e disqualified from bein^ S, '^l' °".P'='^» iRxemptions. ?h^Vhoiders^\t^,^,T'l''ffi^^ corporation ; Provided aW. iuT ''"''''^ ^^ in companies, shall be held to be disQualifipr^ frl.v^^ always, that no person the council of any co»n b^^^^^^^^ ^ -em\er of holder m any incornoraterl nnZ. I ■ ^^^ being a share- tracts with the coSof sucrr^-^^"^?^ dealings or con- having a lease of twentv nL "^^nicipal corporation, or by from the cTpoTel7ont7!^'^"'^\''^'^'''^''^^^^^ in the eorporSt kn;UStf^!r ^°''" fW n'ot'voS corporation. ^ question afl:ecting any lease from the offi!*of'te™s^^^^^^^^ Wy ; all persons fn the civilTrvine „? *1 J;''g«lative Assem- not disqualified by the S pr3 n^tcL "T" ' '"'"*'' persons in priest's ordPr« • ^17 ^ ? ' ail coroners: all Gospel of eveVdeLSa^^n T^'\^"^ i"^«i«ters of 'the of Upper CanadnhXr wfl ''°^''!,°^*^^ ^^^ Society and solicitors in acrual prac^ce all J ''''t''^' ' ^" ^*^«^^«y« all members of the me£al nmfp l" 'l''^.'^""*' of justice ; surgeons; all profess^^'t^^^^^^^^^ - any university, college or schoo) in T? n ^^^er members of pers and serva':;ts the^reof; "Kj^r^^^^^^ -d all offi- ing to an authorized fir^ comnanv «.. ^f "^^° ^"^^^S" elected or appointed eouncnbni~^o anv?f£* ^^'"^ ^'^^ office. ''' "^ ^o ^^y other corporate ELECTORS. Electors, qua- ivs mi , SS?.!' "> a..ls„In\V ittrtL^Xt^r^Jf '''"'"^ '? -'''''■> «-« » an S^i-f " 'h^-ale freeholder ttlft'vth - ,?--P-'™ "'"'«^' ^""^ ^e ™ii, M u,e male householders and tenant^ ^hl'^T "i ""*■• """^ «»* dent therein for one -ntht^-^^o^^T/e^et^.^X^t natural-born MUNICIPAL INSTITUTIONS. 23 n. no gaoler or deputy sheriff, 5f any city or )r clerk of any county attor- 10 clerk of the per or saloon- is partner an e corporation, the council of at no person a member of einga share- lings or con- ration, or by any property lall not vote ase from the lembers and itive Assem- ; all judges oroners; all ters of the iaw Society 11 attorneys 5 of justice ; 'ysicians or members of nd all offi- len belong- rom being corporate here is an e, shall be and such been resi- who are ural-born 31 v., c. 30, 8. 10. natural-bom or naturalized subjects of Her Majesty, and of the 31 v., c. 30, full age of twenty-one years, and who were severally rated on °- ^^ the last revised assessment roll, for real property in the muni- cipality or police village, held in their own right or that of their wives as proprietors,, householders or tenants ; and such rating shall be absolute and final, and shall not be questioned either In any returning ofiicer, or any application to set aside any elec- tion imder this or any Act respecting the municipal institutions of Ontario. 76. In cities, towns, townships and incorporated villages, In cities, such real property, whether freehold or leasehold, or partly c™a'^d "*' each, must have been so rated as of at least the actual value viUages. following : In cities — Five hundred dollars. In towns — Three hundred dollars. In incorporated villages — Two hundred doUars. In townships — One hundred dollars. In police villages — One hundred dollars. 77. At the first election for a newly-erected municipality Innewiyerect- for which there is no separate assessment roll, every resident noth^^^?^^ male inhabitant, though not previously assessed, shall be entitled Msess^me^nl;*"'^ to vote if he possesses the other qualifications 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 ; and every person so claiming to vote shall name the property on which he votes, and the returning officer, at the request of any candidate or voter, shall note the property in his poll book opposite the voter's name. 78. In towns and cities, every elector may vote in each ward Wards iu in which he has been rated for the necessary property qualifi- '^^\f^ electon cation : ^°*®* 1. In townships and incorporated villages divided into elec- toral divisions, no elector shall vote in more than one electoral division. 79. In case both the owner and occupant of any real property Whenlandlord are rated severally but not jointly therefor, both shall be deemed and tenant rated within this Act. *'°*^ '"**«*'• 80. When any real property is owned or occupied jointly by When jomt two or more persons, and ia rated at an amount sufficient jf owners rated equally divided between them, to give a qualification to each, '°^'*''"- then each shall be deemed rated within this Act, otherwise none f} ^^ °- ^' «• of them shall be deemed so rated. PARLIAMENTARY 24 Qualification of electors at Parliamentary Elections of Dominion. For Legisla- tive Assembly- Elections see 32 v., c. 21, 8. 5. MUNICIPAL INSTITUTIONS. PABLIAMENTARY ELECTORS. assessn.en77ollt^eir^^^^^^ -, *^^ ^^- last revised owner or occupant of WnrtZ' J /"S "" *°^"«^^P' ^ t^e «ties,ofsixhuidreddoCs PinCLlf?' T*"^^ ^^^"^'"^^ m incorporated villages of fl.i.' "^^Z^"'' ^'"^<^red dollars • townships, of two uSd^^^^^^^^^^ ^Sl^^d dollars; aad ?n aparli^mentary elections subW^'^f ^' '^^^"^^ *« ^^te at chapter six of the Consdirtefe f ovisions of the.Act, sections numbered 1 Tnd ^ of .tr^^ f ^^"^^^^ except sub- *eh are hereb, repealed, In t ^^JiL^ ^^^ MUNICIPAL ELKCTIONS. any eit,^r^'ri„to!;:stTvi.".r^'"°^ tf •- "»"> -'»» a municipality or anyXd therli f'^"?^ ?'"^' any election for of PubHc ente^rtain JnTttTtl'^f :;i^:4^^;r: ''""^ union of towS.lpf; and'™"^""'""" "^ "^ "»- t»™«hip or of townsWp: °1*^/ ^P"--"*'™ °f " J»"i«r township fron. a union 4; o-rtlltur-STv"^: /ettVl" "" '"»°^°-*''d vi,- a city ; and "^^^^ '^<^o a town or of a town into corpoJa'teT^illagt Lwn t dtv":! ^' ^^^^ bein^addedto an in- wards of a to wn%; ci^; ' "^^' °^ ^^ ^^«« ^^ a new division into 5. In each of the fore^in^ ro«;p« +t,. ^ x i . proclamation or by-law b,^ Xh f^^'l '^''^^"^ "^^^r the shall take place on tne fi'rst mII • ^ t ''^^"^^ ^«« ejected end of threi months tmthfSe^ri.'^^ °^^* ^^^^ *ho the passing of the by-law l^y wh !/t£' r'^"°^"*^^ °^ ^^^"^ until such day the cLnge sLlTnotVot to\^^^^^^^^^ "^^^' -^ SUBSEQUENT ELECTIONS Places of elec- »4 JJypy,, „]„ .- i ,- , *"°^ viUage tJ^iictt^tlS"'"*"-""-^'?'''''/ orpolice 85. Elections for townships not to be in cities, towns or vil- lages, and no • elections shall be in taverns. First elections where corpora- tions are newly- erected or extended. Times of elec- tions. MUNICIPAL INSTITUTIONS. 25 a last revised wnship, as the ual value,— in indred dollars; Uars; and in led to vote at »nsof the.Act, a, except sub- tlie said Act, s to Ontario. [IBITED. i held within y election for ern or house iquors. IPALITIES. lownship or rom a union porated vil- a town into id to an in- vision into under the 3 effected, after the fi. or from aade, and or police 85. 85. The council of every city, town and village municipality To be fixed by (including a village newly erected into a town, and a town ^^y-.la^ |oriMu- newly erected into a city), shall from time to time, by by-law, "'"^ '* appoint the place or places for holding the next ensuing muni- cipal election, otherwise the election shall be held at the place or places at which the last election for the municipality or wards or electoral divisions was held. 86. The council by which a police village is established shall. Also for police by the by-law establishing the same, name the place in the vil- "^^^^^^ 'lage for holding the election of police trustees. Sections 87, 88, 89 and 90 are repealed by 33 Vic, cap. 26, sec. 1, and the following section substituted: That the electors of every municipality (except a county) when elec- shall elect annually, on the first Monday in January, the mem- ^^''^^ a»e *» ^ bers of the council of the municipality, except such members as fowni^w-' may have been elected at the nomination; and on the second shipa, 'villages Monday in January, the electors of every police village shall wes^""*'^ ^^' annually elect the police trustees of the village ; and the per- sons so elected shall hold office until their successors are elected f ^'' ^' ^^' *" or appointed and sworn into office, and the new council or police trustees is or are organized. 91. When a junior township of a union has one hundred First election resident freeholders and householders on the then last revised ^^ i^^^°'^ assessment roll, the council of the county shall by a by-law, to sedition*"" be passed before the thirty-first day of October, in the same year, fix the place for holding the first annual election of coun- cillors in the township, and appoint a returning officer for holding the same, and otherwise provide for the due holdino- of the election according to law. ^ 93. In case of the separation of a union of townships, the Ward divisions existing division into wards, if any, shall cease, as if the same "^^'^"^ had been duly abolished by by-law, and the elections of ce^'on^disso- councillors shall be by general vote, until the township or ^"**°°°^'^'"°°- townships are divided in o electoral divisions under the provi- sions of this Act. 93. The election in townships and incorporated villages of Certain elec- reeves, deputy reeves and councillors, shall be by general vote ^^°^ *? ^^ ^^ and shaU be held at the place or places where the last meeting ^^ ^°^^' of the council was held, or in such other place or places as may be from time to time fixed by by-law. EETURNING OFFICERS. 94. The council of every municipality, in which the election Returning is 26 MUNICIPAL INSTITUTIONS. i^i^fei:,;^„f t:s.-i^^ . officers for returning officer at all ek^tiot aCThl tt°'"' ''"^' ^^ *'«' KKX.H«„. OK.C.KHS .„„ ™. ™3. K..C„OK » V....0,. iV first elec- e Pea.e, on MAT '■ *j*«e»' '.-. 4«tet^ii,i,k.„«^ . MUNICIPAL INSTITUTIONS. MAY SWEAR IN SPECIAL CONSTABLES. «r IN VILLAGES. 99. Every Returning Officer or Justice of the Peace may Special con- appoint and swear in any number of special constables to assist «*»"««. ^^yl^ m the preservation of the peace and of order at the election • '''°™"'- and any person liable to serve as constable, and required to be sworn in as a special constable by the Returning Officer or Justice shall, if he refuses to be sworn in or to serve, be liable to a penalty of twenty dollars, to bo recovered to the use of any one who will sue therefor. PROCEEDINGS AT ELECTIONS IN TOWNSHIPS AND INCORPORATED VILLAGES. 100. A meeting of the electors shall take place for the no- Nomination mmation of candidates for the offices of reeve, deputy reeves ™®^*"^ff- councillors and police trustees, in townships, incorporated villages and police villages, at noon on the last Monday but one m J3ecember annually, at such place therein as shall from time to time be fixed by by-law : 1. The clerk (or in his absence, a chairman to be chosen), President. shall preside at such meeting, of which the clerk shall give at least six days' notice; 2. If only the necessary number of candidates to fill the « no more vacant offices shall be proposed and seconded, the clerk or fu^'^'^i*^^ chairman shall, after the lapse of one hour, declare such candi- date or candidates duly elected ; 3. If more than the necessary number of candidates are pro- If more, posed, the clerk or chairman shall adjourn the proceedings until the first Monday in January, when a poll or polls shall be opened m each electoral division, or if the municipality be o, v m not divided mto electoral divisions, then at such place as the s 13." ' council shall by by-law determine for the election, at nine of the clock m the morning, and shall continue open until five of the clock in the afternoon, and no longer; 4. The clerk or chairman of the meeting shall, on the day Notice of tollowmg that of the nomination, post up in the office of the Persons pro- clerk of the municipality, the names of the persons proposed ^""^'^' for the respective offices, and the clerk shall provide the returning officer, or officers in case of electoral divisions, with a certified list of the names of such candid.at^H, .specifyin"" -"-Mt't,^::r„' WI^'S t^rS'^^r^te-i^. officer .1th a poll- m separate columns, the names nfit '^^".«,«*e^ ^n such book, seconded at the niniLtLTlndlair'^^^"*^! P^"f"««^ ^"^ lumns, wnte the names of the elector^ 0^^^-''''*^ *° '"^^ ««■ nf .f °"' ^^^ ''^^^ ^^ each column iWMof""^.*^ "^^^^^^ ^* *h« of the candidate voted for by a voter seuV^^'"'^ *^^"^«^« site the voter's name ; ^ ' ®^^ *^® ^^^^e " i " oppc Eetarning the "r t a ""■^-" -VrVu^rrg'TA^^^^^^^^^^^ and police villages poll, return thi pol lok ^^^^^^ the close of fhe before the said clerk, or any Justt ottt p'"^^ ""^^^ ««*h or union of counties in which thf-^^^ - ^°' *^^ "°""*y or police village may^ie al to 1! ,? township, incorporated the votes; ^ ^ "®' "^ *° *he due and coirect taking of ^llagltt^^^^^^^ village or police add up the votes set d^nfor each 0^^?^."^ aforesaid),' shall poll-books, and ascertain the atl^^^ ^^*\^^ *^^" respective shall, on the day following the eSof ' ? •"'^'' ^^ ^^^^«' ^"d place at the town hali,or otW 1!.'?"^?/°"^^ conspicuous held, the state of the pol? wTth^ ?£ ^ ''k *^%"""^^^^^^°^ ™ by each candidate and a c^rT fi . """""^^^ ^^ votes received n^ent, under his hand and seal .1 ^""^'^'f *" *^« «^id state- date or candidates. '^^' '^°™g ^^^ successful candi- 31 y., c. 30, 8. 14. Summing up votes. 31 v., c. 30. 8. 15. Declaring candidates elected. pasting vote q -j- m case of ties. '^- m case two or moro onn^;^. * 1 votes, the said clerk, wKrotwt?'^^' "^^^^^l ^ give a casting vote for one or mo^ T'' ^""^^'^'"^ ^' ^°<^' shall decide the election, and except in t„l'"'^ candidates, so as to vote at any such election. ^ "'^ '^"" *^^ ^^^^^ shall not PKOCEEBINOS AT ELECTIONS O. ALDERMEN IN CITIES AND COUNCILLORS IN TOWNS. Elections, how lAB Tl,. conducted. '«!• The proceedings at such elections shall be - f ii ' Nomination i . . -- ^.i ail be j.« follows ; .^. 1. A ™eef.g of the olecto. «haU take place for the n„.i„a. tion police vilJage, ^11 male free- last revised ;toral division m to vote at y Jiis solemn ; with a poU- n such book, >roposed and to such co- • vote at the fed the name ' ^ oppo- MUNICIPAL INSTITUTIONS. 29 e or police said), shall respective votes, and Jnspicuous lation was s received aid state- ful candi- tumber of not, shall , so as to shall not !S AND ollows ; tion of candidates for the offices of aldermen in cities, and of 3i Vk cap councillors m towns, at noon, on the last Monday but one in ^o.sec.'ie. ' December, annually in each ward thereof, at such place therein as shall from time to time be fixed by by-law of the said city or town councils; 2. The said council shall respectively, by their said bv-law, Notice, and name the returning officer for each ward, who shall preside' at "V^" ^*'*^ P"" the nomination of candidates, or in his absence, a chairman to "'*^' . be chosen by the meeting shall preside, and the returnino- officer 3lV.,c.30,8.17. shall give at least six days' notice of such meeting; ^ 3. If only the necessary number of candidates to fill the If no more vacant offices shall be proposed and seconded, the returning fe"'^'^^**^ officer or chairman shall, after the lapse of one hour declare such candidates duly elected ; ' 4 If more than the necessary number of candidates be pro- « ,n„r. posed, the returning officer or chairman shall adjourn the pro- ceedings until the first Monday in January, when a poll or polls sfiali be opened, at such place or places as shall be fixed by the said by-law of the said councils respectively, for the election at nine of the clock in the morning, and shall continue open until Hve of the clock m the afternoon, and no longer; and where 31V.,c.30,8.l8. there are two or more electoral divisions in any ward, the said council shall, by by-law, fix the places for holding the election tnd also name the returning officers who shall preside at the re- spective polling places; 5. The clerk of town or city shall, before the poll is opened LiBta of voters, -er to the returning officer for every or any ward or elec- .Imsion, a list of the names, arranged alphabetically of all '-eholders and householders rated upon the then last re- assessment roll for real property lying in that ward or electoral division to the amount required to qualify them to vote at such election, and shaU attest the said list by his solemn declaration ; . ^- J^^ ""^f^ of every town or city shall provide the return- PoU-books. mg officer of every ward or electoral division with a poll-book and shall enter m such book, in separate columns, the names of 3iV.,c.30.8.19. the candidates proposed and seconded at the nomination, and tne returmng officer shall, opposite to such columns write the How kept. names of the electors offiaring to vote at the election, and shall m 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 ; WHAT 80 MUNICIPAL INSTITUTIONS. WHAT (MTHS HE MAY ADMINISTER. to be required , ' ^,'^.«^ny election, or at anv duHUp i.,^*^. • of voters'! law, which requu'es the assent of^hl . ^ '" 'f'P*^"<^ °^ » by- affirmations to be requL^of anv n! '^T-' * '" °^^3^ ^^^ha or hat he is of the fulllge of tweZ^on?" '^'''"^^"^ ^ ^«t«' ^re, born subject of Her Majesty or irobLT^^"^ ^'^ ^ "^^"^^ naturalization from the quarter J^ ""^^^'^^^ ^ certificate of Canada before the e^htTenth dav T't "' ""^ ^ ^^^^^^^t of eight hundred and forty n'nt^^h^^^ ^"^ *^°"«and holder, a resident within Te munlcinamtl ^'T' 'I ^ ^°"««- tion IS held, or vote taken for onT ^ /f "^^""^ *^« elec- eeetion andthathehasfot'bfforevotrd^a^^ before the the by-law in the township or wardTn iV i f ' ''^'°"' ^'^ <>° 2JAe case may be) • and thaY T. ^ .u ^^'"^^^ ^« '^ voting ra.v ing to be na^nej in't tt'of'^^t fr: T-^ "^"^^^ P"^-" ^t.cv.^aZ'.i!^ in -wkich there has not vet jZ '"'' ^-^^ ^^"^ '^^- and that he is a freeholder or Tes dent h? "^/^T'^^^^^^'^ ^«^^^ ^A« prop.,.^^ eritMing him To S tL T'.^^^^'' ^'^' ^«^W has not directly or indirectly received Lv'"''^ ', ^"^ *^^<^ ^^ does he expect to receive any X X v^^- '^^''^- """ ^'^'*' ''°' the election; and such oathsIhaH blrrl^'^-'-T^'"^ ^^ ^^^^e^-^ at of any candidate or his autLrized aln^'"''*r'^.^* *^^ ^^q"««t be made of any such person excentw?// '''''* "° inquirieslhall ■specified in sudx oath, or affirmations ; "'"^^'' *" *^^ ^^^^^ Returning offi- o mi cer to declare , ''• -"^"e returningf officer .slin 11 o+ +U I .j«^of the he number of vot^es -f^tf fc^^ttretdil^^^^ -l> of aldernaan m cities and of councilor in w' ^f *^^ ^^^^ icly declare the same, beginnbc. wi^^fh^^^^ the greatest number, and sLn with fhLf if "^"^^^^*e having upon publicly deckre elected the iZ^V' ^"^ '^^^^ ^^'^^ respectively standing highest on tLoonw^^ T ^^^^idates divided mto two or more electoral^H vi • ^ "^^^'^ ^ ^^^^ is VTien to have 10 Tn ^., x casting vote. ^" ^'^^ two or more canHMa+ao k votes, the returning oCr tr in c«i 7^ ^" '^"^^ """^^^ of electoral divisions fh^ tot; •? ^ °^^ ^^^^ divided into qualified or not^shaU gitTaVoL t^o^f^; ^^^^ :^^ didates, administer all MUNICIPAL INSTITUTIONS. >| didates, 80 as to decide the election; and except in such case eTec[;?„TeT^»o" election having been interrupted through riot or other cause, the clerk shall declare the want of return for such ward or wards or electoral divisions, and the cause thereof. 120. In case no return be made for one or more wards in Ifnoretumfor consequence of non-election, owing to interruption bv riot or °'^" "' '°°" trZ'Tlt: *^\"Y'"b«^« Jf ^o^ncil elect being at least a ma- Ste^'- joiity ot the whole members of the council when full shall *=«*««• elect one of the aldermen elect in cities, to be presidincr officer 29 and 30 v., at which election the clerk shall preside, 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 divisions, has been held under a warrant in the manner pro- vided form the one hundred and twenty-fifth section of this 131. When a poll has been duly held in each of such wards, When poll and the poll-books returned to the clerk, the clerk shall add ud completed, Sbrand'in' .U'^''/'' 'u^''' ''T' ^^P^^^ ''''''' ^^^ «^"^- voTe'st^d'e'!'^ ciiiors, and m cities for aldermen, therein set down for the re- dare result; spective candidates, and ascertain the aggregate number ofwfe'"^ votes for mayor, reeve or deputy reeves, councillors or alder- men contained m such last-mentioned poU-books, together with the votes contained in the poll-books previously returned for .1^0 odier wards, and shall at noon on the next day, at the town ^ i ; hA,l^ VA fT""' •'■'^'^^^^ ^'P^*y ^^^^« («« the case 'may be) the candidate having the greatest number of votes ^ poUed; 31 MUNICIPAL INSTITUTIONS. !«<» of have been quklified L mth^h^ f aldermen so elected ha« or j the same manner tui i'q r^rnxr,-^! "cj't meeimg ot the council m i section of thTIct ^"^ ^^ *^" ^^^ ^^^'^^ a. d fifth | the*"r?dXaL^^^^^^^ ''!?*'' '^^^ ^'^^^'^ ^»ake ingly. ^ it shall be his duty to be ^Ha In^ ^-^d causing the law fStLlv^t^^^^^^ ^' ^^ t^^^s i„ duly executed and put if W ^ .W.^Jt^ ^" ^T^ *^ ^« subordinate officers in ?hi^!' T''^ ^'^^ conduct of all niay be in his po;^r ?« causf 1^^"?' '^''''^' T^ ^ ^^^ as positive violation of duty to L^"?^^'"'""' carelessness and and to communicate from tip for^ Prosecuted and punished, information, a^ recomrenn",. ^' ''"'''^' ^^^ '"^^ improvement of the finances th?n°^'''TM' "'^^ *^"^ **^ *^e liness, comfort, and^'r^S o'f^reX'r^^^^^^^^^^ ^^ ELECTION WHEN SEATS VACATED, &c. ^^^■'^n*,l^Lti::'^tZfZo^::ir-^'^ - -.ber of. .»ci;'lo. insolvent, within the meMiw ZhI infamous crime, or becomes 31 v., o. 30 , sand eight hundred aStovflt^ In-wlvent Acts of one thou- 22. ''"■'• drod and sixtyTve or Tetf n W / °™ 'V™^'"''! eight hun- debtor, or remains ik close cu^iji^t --eM ?^ »» insolvent the use of his creditor or h^ J' . "^^'^"^ ""'^ property for ings of the coun^uShree mon^"*'-.'.""f '/ *"■" «>« ^e*'" b/a resolution of thrcoS enter J'- "/ ^'"^ authorized ia the council shaU therebv b!^^ ° ''' ""''"'es, his seat shall decla. the ."at'ttlaterTr^ ^e^i:!;:' «-™" fcwtr .,. A*^- ^° ™y <='«e provided for by the one huridred »„,) * or^to make the n^ssirdelSSsr aT^^ZI' °^' the ti^e boing.7r-in7as"; SXC or'f"[?^ort'-*^' vacant, the clerk, or in ca^ of the l1£ :^notr°^:L^;"i the MUNICIPAL INSTITUTIONS. «f the office of the clerk, one of the members of the council shall forthwith, by warrant under the signature of such head, clerk j or member, and under the corporate seal, require the retum- ! ing officer appointed to hold the last election for the muni- cipahty, ward and electoral division respectively, or any other person duly appointed to thai office, to hold a new election to hll the place ol the person neglecting or refusing as aforesaid, or to fill the vacancy. ■ ^A^ JJ^Pf^^V^e^e^pon elected shall hold his seat for the Term of office, residue ot the terra for Avhich his predecessor was elected, or for which the office is to be filled. 131. In case such non-election, neglect or refusal as afore- Non-election said, occurs previous to the organization of the council for the ofmembewnot year, the warrant for the new election shall be issued by the gSIion of" head or a member of the council tor the previous year or by ^o^^^ii- the clerk m like manner as provided for by the one hundred and twenty-fifth section, but such neglect or refusal shall not mtertere with the immediate organization of the new council provided a majority are present of the full number of the council. 138. The returning officer shall hold the new election at Time for hold- , withm eight days after receiving the warrant, and ' r^' *°^ r*^" shall, at least four days before the election, post up a public ttr" *'"■ notice thereof under his hand in at least four of the most public places in the municipality, ward or electoral division. APPOINTMENT IF ELECTION NEGLECTED. from fn J^«T ^\ ^°^ ^Tff T "l^"" ^^""*^^"' *^^ ^^^^^^ Appointment Iron any cause not provided for by the one hundred and third jf e^tionneg- elect the members of council for a municipality on the day appointed, or to elect the requisite number of members the other members of the council, or if there are none, then the members for the preceding year, or the majority of them l2^tiuZ^' '^'^^\Tt^ ""' many qualified persons as will constitute or complete the number of members requisite; and the persons so appointed shall accept office and make the neces- ::ilX::fZ:t' ^'^ ^^"^ Penalty,incaseof.fusalor J . ' — "" ^'o"" ^^ "^nj iiiumuipauiiy to a reeve or t-^-.i «* »«> deputy reeve or reeves, or in case the vaHdity of the election SteVeU-" or appointment of mayor, warden or reeve, or deputy reeve J'*''" °f ri«l»t alderman, councillor or police trustee, is contested^he same '^^ may 36 MUNICIPAL INSTITUTIONS. judge of the countv ro^S .ff it ' *''*. ^*'"'"" »■■ offlciatui. or appointment toSkri^e 0^5^™°^ ^-"^^^ '^' «'^*» Uty to a reeve or den,?tt™ ™ *'"' "«''*■ "f a municipaJ when the contestls rejecting T%f-'i^ "? *''« ''^''"». »» or appointment t'rSd.^aiyclSrMl'f f-"'*" any elector who e-ai-^ nr +or.J j <-^naiaate at the election, or relator for t^e puf^'oL ^"""^ ^'' ^"*^ ^^'''^^' ^^^Y be the] PROCEEDINGS FOR HE TRIAL THEREOF. 131. The proceedings for the trial shall be as follows :- Time for limit- i jc ,„'j.r • • , I ed, and gecu- ^- f ' Within SIX Weeks after the eleoti'nn ^^ «r.^ xi .., nty and proof acceptance of office by the nerson Iw !i ?l ?^ "'^''*^' ^^*er reqmred. affidavit to any such iud J r!o l^^' ^^^ ^^^^*°^ «^ews by that the election Wot 1^^^^^^^^ f°"«d« for supposing . to law, or that thrrerson dfiT^Tf 5\t'^^"^^ ^^^^^'din^ elected, and if the t!}!Z .if ^ ?^^*^^ *^^^^^* ™ ^ot duly judge, ;r befl'a%ltLw for'', a -cognizance before thJ two hundred dollars wifhlw. . , ^ ^^'^' '^ ^^'^ sum of cient by the jtdt u^ofaffi^^^^^ ^*2 ^^ ^^^"^^^ as suffi-' of oneLndrid doUaTeacf co^dV^^^ ^^ *^^^ «""' with effect, or to mv th^\^^f '^""-^ *° prosecute the writ , brought an; costs whfch m/T ^ TT^ ^^°°^ *^e same is Writof ,«. relator, the^dg ^iXrS^^^ '^ ^^'"^ ^^^--^ ^^^^ ' ~ ^^^^---^otobets^e^tX^^^^^^^^^^ Ss^^^'peLnVarW^^^^ or some other arecompf^n^ed ^" "'■^ ^^Se the grounds of objection annlv o«,,„ll J. ^ of. "^ more persons elected thp 'i A ^^^°^ apply equally to two or against such persons; ^^*'' "''"^ P^^^^^d V one writ by the stlT^ „ *• Where more writs than one are broualit in +r.,r +i judge. of an election, or the ri^ht f n . Itl ^^T ^ ^^^ *^^® validity a« aforesaid, ^1 such ^ts .LVt^ Z ^"P"*^ "^^^« ^^ reeved judge who is to try S2 first and 'Sl' ''*7^"^^^ ^^^^^^ *^« judgment upon al^r a semrat^^ T ^""f^' '"^^ ^^^^ «»« more of them, as he thinks fiT; '^'''^^"'^^ "P^^ ^^^^ ^^e or issue '»nd re- P: ^^^ Writ shall be issuftd hv fKp p]„»i. ^f ., .«n,d.„t.„. «aid superior courts, or by the"' deputy dork of FhTr' "' '•'' .unty u. which the ele'otion tool pLtlndldfiS^Zr able of the MUNICIPAL INSTITUTIONS. 07 i before the judge in chambers of the Superior Court at Poronto, or before the judge of the county court at a place iamed in the writ, upon the eighth day after service computed fexclusively of the day of service, or upon any later day named |n the writ ; . 6. The judge before whom the writ is made returnable, oris Returning Returned, may, if he thinks proper, order the issue of a writ of °^""" ""^i* bummons at any stage of the proceedings to make the returninfy * ' officer a party thereto ; " , 7. Every writ under this section shall be served personally Service to be mless the party to be served keeps out of the way to avoid f*'^''"*^' 7," ^)ersonal servke, in which case the judge upon being satisfied jri"*"""* '^ thereof, by affidavit or otherwise, may make an order for such [substitutional service as he thinks fit ; 8. The judge before whom the writ is returned, may allow Thejudgemay lany person entitled to be a relator to intervene and defend and t^°^ P?"ons. may grant a reasonable time for the purpose; and any inter- vene ''*'" Ivenmg party shall be liable or entitled to costs like any other [party to the proceedings ; . 9. The judge shall, in a summary manner, upon statement JadgeshaUtry and answer, without formal pleadings, hear and determine the summarily, validity of the election, or the right to a reeve or deputy reeve or reeves, and may, by order, cause the assessment roUs, collec- tors rolls, poll books and any other records of the election to be brought before him, and may inquire into the facts on affidavit or affirmation, or by oral testimony, or by issues framed by Proof. [ iiim, 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 ; 10. In case the election complained of be adjudf^ed invalid And remove, the judge shaU forthwith, by writ, cause the person found not t^'^'''' •°''" 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 causing such other person to be admitted ; and in case the judge determines that no other person was duly elected instead of the person re- moved, the judge shall by the writ cause a new election to be held ] 11. In case the election all the mftmhera r.f p onnnpii Ko Tf-iv - „ adjudged invalid, the writ for their removal, and for the elec- ^'^^ "'^s*"^. ^Zr ^,^^,°^^°\bers in their place, or for the admission of J^^ Section others adjudged legally elected, and an election to fill up the to go to the V . sheriff. remaining 88 MUNICIPAL INSTITUTIONS. shaU have all iC ^Jf ? '" ^"^ P'»«« ^ ""d the sheriff which a m„n ciil C„ il h' '^"""S. *'"' <''*'="°" '» ^o held therein; "'™""P'" ™"'"='l has m order to supply yaoanoie,, ^rtSL. oneletkXTr^li'o^tt':? r^^"" "'^^y- -*■>- Ho,.op„. through the post oSce, direted "To Znl:^^^ ^^^' SutX» t S.^t" - " - ^^^^^^^^^ s^?^^^»rr^V»hi^! ^txr j:ti# - "my right to the officVrfTV^ i? A " ^''T^ of contesting " ^y I) for the to^shfp of™'""" ^°""""''"- 1'<"' ™ *^ «>^ " County of ^ ' , , in the How to pro oeed. Form of dis- olaiiner, &c. Dated the day of (Signed) A. B. mailed ; ' ^^ ^' registered at the post office where ...rk. forthwith communicate the same t^ tZ ", '""^ "^"'^ =■>*" Coats pro- ifoi Tided for. as ^'o^L-rur iTdgf f t?LS Tat" '^'t'^-T ^"- '°"' the'LttL^^flC"" ''™"'^' '"'■ '"'" ^""^ '^'' "' l^m^S" , "^ ,^"'«'-'' ">«'■« ha^ been a contested election the n.r,o,. te?.'|- ft^ ™y .^? ^".y time after the election ITZ^^FfT^ .WtSrr. """ ■? complained of deliver to the clerk of the municiD¥tv"a »oiiipl«i„edot. djsclauner signed by him as follows :— Municipality a •I, MUNICIPAL INSTITUTIONS. 3g " I, A. B., do hereby disclaim all right to the office of Town- " ship Councillor (or as the case may be) for the township of " _ (or aa the case may 6ej, and all defence of any " right I have to the same." Such disclaimer shall operate as a resignation, and relieve Disclaimer to the party making it from all liability, and the candidate having operate as the next highest number of votes shall then become the ooun- '®"«°**"'°* cillor, or as the case may be ; ■ 18. The decision of the judge shall be final, and he shall Judge to immediately after his judgment, return the writ and judgment -uSeS^to with all things had before him touching the same into the t^e court in court from which the writ issued, there to remain of record asK^i'^'^ a judgment of the said court ; and he shall, as occasion re- quires, enforce such judgment by a writ in the nature of a writ of peremptory Mandamus, and by writs of execution for the costs awarded ; 19. The Judges of the Superior Courts of Common Law, or The judges to a majority of them, may, by rules made in term time, settle the "^^ '^^' forms of the writs of summons. Certiorari, mandamus and execution, and may regulate the practice respecting the suing out, service and execution of such writs, and the punishment for disobeying the same, or any other writ or order of the court or judge, and respecting the practice generally, in hearing and determining the validity of such elections or appointments, and respecting the costs thereon; and may from time to time rescind, alter or add to such rules ; but all existing rules shall remain in force until rescinded or altered as aforesaid ; 133. The appointment of members of municipal councils AppointmentB when required to be made under this Act, shall be deemed TrS''* *"* elections within the preceding s-. jtion, and in such cases the relator may b- any member of the council, or any elector of the municipality or ward for which the appointment was made. MEETINGS OF COUNCIL, &c. FIRST MEETING OF MEMBERS ELECT. .r}^^' '^^^™e"^^ers of every municipal council (except First meetings county councils), and the trustees of every police village shall o^ co«iioil«. hold their first meeting at noon, on the third Monday of the same January in which they are elected, or on some day ."'u f^?.7i."^.^.5^ «^r^«r« «f every county counci ! .,. fc,^, muuung at noon, or soiiie hour thereafter, thereafter ^^^ *^ ""^ *^^ '^'""^ "'°''*^'' ""^ ^"^ '^""^ ^^^ 134. H I i 40 MUNICIPAL INSTITUTIONS. Elections of heads of coiui ty councils. the county Murt house ^ ' "'^'^ '^ "'«'' <"• "therwise at BLBCXIO. 0. HKABS OP CWKCL, OXH.n XH.K „P CTZES AND TOWNS. shall at thSsf meetiW iL"^"?;;^"" ^^ ,*^^ ««"°«il when full, making the dXZn:f'£X'ZZ f"'T' ^"' ^*'*- to be taken, organize themsSvof ^^^^^'^^ation when required themselves o b? wardenT ' ' '"^''^'^^ l^ electing one of the council. ' ' ' ' ' P^^«^^ ^^^11 be the head of Who to pre- -„„ side at. Irfb. At every such election the clerk nf ih^ -i ,' „ preside, and if there is nn PlI^lH ^^®^^/* *lie council shall lect on; of themselves to nri'^i^^^^^^ P"'"'^^ '^^^^ ««" vote as a member ^ '' ^""^ *^^ P""«°^ ^^^^cted may Who to have the casting vote in the ,.. . .e head^^f aiVc'UyToultlt 1"-" ? *'^ ^^^^*^^° ^^ ^^^^ nS^o^fttr «^^- Pr-ent, tL r^evtoTirhLTbsl"^^^^^^ *^- of the municipality which h«^ +>io i ^™^® ^^^ deputy reeve, its last revised alseTsment ' , ^"^ ''''°'^'' ^^ ^^°^"' «^ second and casting vote ^ate-payers, shall have a SUBSEQUENT MEETINGS. Place of meet- 1 9o mi , il!°°°''thefetw::"&othT'"«'-?^'''f,r°*y«^ either «th?n or Souf So Zn '^t^' '"'^^ "* ™* P'"""- time to time, by resXtL n!. ",™"='P?''*y. "« the council from minutes, or by'Vlt aS-Snt:''""™'"'^ '° '" '''*'-<' - "-e business of the councU and of L 1 ' '"'**■«'«>' aU thi ™ch city, and may purch^^e and boM v ™? "'™°'« '''^i" a« may I convenl^nrfo'^Tpu^posr ^'^ Property therein Meetings to be t Aik T? -i , Speeialmaybe l ^i t ,-, ff-''%f !ntetinr::;tSree&l^ --^^ the place ^her^ trete?Srit%?r .t^V' '^^f and a special meeting may bo open o? cfosrf ^slnlTpi^t' of Place of may be in cities. N OP CITIES MUNICIPAL INSTITUTIONS. of the council expressed by resolution in writing, the pubUc interest requires. ^ t"^^u^ 41 w'l^w tf^.nT?r 1*^^ "^^^1^ ?^™^^^ ^^ members required Quorum, by law to constitute the council shall form a quorum. current votes of at least three shall be necessary to carry anv ^^«' *^«° resolution or other measure. "^ ^ ™"*' concur. tim*e^^" ^^""^ ""'"'"''^ ""'^ ^^J""™ ^^ °^^^*i"g« fr«°^ ti°^e to Adjournment. WHO TO PRKSIDE IN COUNCIL. 145. The head of every council shall preside at the meetinrrsTn, ,, . of anT?J 'sh'fl n '*!Y 'r ^"™°^^° ^ «P««^-1 meeting tE p'^/sidS o^ and It shall be his duty to summon a special meeting when- ^*^"°'^"- ever requested in writing by a majority of the council.^ 146. In ease of the death or absence of the head of a town w», council, the reeve anH in nnao. ^f +l,^ u . , town When reeve or of +}iAm +11 7 V ® °^ ^'^^ absence or death of both deputy reeve nf n, i: ^ deputy reeve ; and in case of the death or absence *'^P'""'^^- of the head of a viUage or township council, the deputy reeve shall preside at the meetings of the counci and Xv at anv time summon a special meeting thereof; but f?heSL more thau one deputy reeve, the council shdl determine which of them shal preside at their meeting ; and in case of the dl+i? ZnTul I' T "^^"^^^ '' - m^uiicipal LpoLfon\^^^^^^^^^ vacanc^ ^^''^ "^ '"'^ '^'"'^^''^ ^' P-'«ible, to m^ such case^o^f a w'n 'v^H t ttnS '' '^' 'T'''' ^f ^ '^ *^^ ^^— ^^ reevp if ihZaC ^ or township, in the absence also of thej'ead provided reeve, it there be one, and also of the deputy reeve or dennf v ^°'^- reeves, if there be one or more, by leave of the councS orTom g rtot Tctel n' '~^-S ^^- memberrtherrof^T giwe to be elected head, appoint a presiding officer who durinr? such^absence, shall have all the p^owers cff the hid of Jhf doeVnot'attend wTtrn T'UTnll^r';. «\r ^-^-^ ^w^bsence nninfprl ¥h^ JT V^ "" ^ reasonable time after the hour an- provided for. amoS tlZl ''' r''^.* Ty ^PP°^^<^ ^ '^^'^^ from amongst themselves and such chairman shall have the same X M9. The head of the coundl, or the p««iding officer or H.«, ..„,,. chairman t 4S MTJNICIPAL INSTITUTIONa Vacancies, how filled. Any member may resign. there ia a„ e,™my of vT^ S, t HZtZ n'^^'S BESIQNATION OF HEADS OF COUNCIL. Resignation of t ftik rni„ j „ eleoeion aa provided b AcUT„e1,tdtS t ™t;^t"^ OF COUNCILLORS. the vaea^- l^l^":^ie?S'5^ere^„"^f:^™M OFFICERS OF CORPORATIONS. THE CLERK, AND DUTIES OF. S'£: "^ J«» J-^y -»ndl rf.au apt^int a clerk ; and the clerk shall ESr^tifLtx-^tirstedrcSlhts^^^^^^^ furnished and aDDoint^ «r,ri 0I.0I1 ' *^ ®"*^*^ ^^"^^^ ^^^^^ as the coundl charges there- •^PPO^nts, and shall, on payment of his fep fliAraf^v f • il for, Ic. withm a reasonable time to anv ICinrlfX *^'®^®^«^' furnish, t.o„, certified under hShanXnd'^ntrtXt; ^r '"" CI»...^. ,34. The clerk of every city, to™, incorporated village and township, MUNICIPAL INSTITUTIONS. 48 township, shall, on or before the first day of December in each mit. yearly year, trai :mit to the Receiver-General a true return of the num- ■■®*"™ ^^ ***«" ber of reudent rate-payers appearing on the revised assessment ^ce"-!?'^'' roll of his municipality for the year, and shall accompany such Generid. return with an affidavit made before a justice of the peace verifying the same, in the following form : ^ "I, A. B clerk of the municipality of the city, (town, town- Oath of verifi- sJiip or village, as the case may be,) make oath and say, that cation. " the above or the within written, or the annexed return, con- •" tains a true statement of the number of resident rate-payers " ai)pearing on the assessment roll of the said city, (town, town- "ship or village,) for the year one thousand eight hundred and Sworn before me, &c." (Signed) A. B 155. And in case of default in any year so to transmit, the Penalty for clerk shall be liable to a penalty of twenty dollars, to be paid to ^^'^^"l*- 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 by-laws under this Act. 156. The clerk of every township, village and town shall, in To make a each year, withm one week after the first day of Januarv make Y^^^^ '«*"™ a return to the clerk of the county in which the municipdity Is M^ """*" situate, of the following particulars respecting his municipaHtv for the year then last past, namely : B t» " g 3 = — c o* ao S 1. 2. 5. 6. 7. Number of persons assessed. Number of acres assessed. Total actual value of real property. Total of taxable incomes. Total value of personal property. 9. Total amount of assessed value of real and personal property. 10. Total amount of taxes imposed by by-laws of the municipality. 11. Total amount of taxes imposed by by-laws of the county council. 12. Total amount of taxes imposed by by-laws of any provi- sional county council. )?• m^^J ^°^^"^* of Lunatic Asylum or other provincial tax. 14. lotal amount of taxes as aforesaid. 15. Total amount of income collected or to be coUected from asses.«»ed taxes for the use of the munieipaHfcy. S' rn ^"^°"^* of income from licenses. 17. Total amount of income from public works. 15. What such return shall shew. 30 V. 23. c. 30, 8. 44 MUNICIPAL INSTITUTIONS. 18. 19 20, 21. 22. 23. 24. 25. 26. 27. 28, 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. TotaUmount of income from shares in incorporated com- Total amount of income from all other sources Tota amount of income from all sources lota expenditure on account of roads and bridges ^r^lrty'^"'^^"^^ on account of other publicities and ltt::i7t^::; -^--^ «^ ^^-k ^a in an, in. ^^^^l^^\l:^^^^ -' education, oZstp;::^-^^^ ^' ''' -pp-^ «^' ^^« poor Total expenditure on account of debentures and interest J^'tf riSt!:^r ^^^°""* ^' administ^tion of mTnXrntfiLt"; ^^^^^'^"^^"^ - — ^ of ad- Totd^net expenditure on account of administration of Total expenditure on account of salaries «nrl +>,o penses of municipal government '•''^"e^' ^^^ *^« ^^' Tota expenditure on all other accounts, lotal expenditure of aU kinds i otal amount of liabilities secured by debentures Total amoimt of liabilities unsecured^ ^^^^ntures. iotal liabilities of all kinds Tota} numLf ;ri ^''^'^'^y. ^^^onging to municipality J: d t^et b^ t&r;^,?^ ^^^«' -^ ^^^ --t Total amount of debts due to municipality. 1 otal amount of arrears of taxes ^alance in hands of treasurer ToUl'tefr^^'^ °™^'' "^ municipality. County Clerk 1 KV T'k/> i i f to make a ip i^ "^ V® ^^^^k of every county shall beforp fli^ fl,.=^ i i? return to the February in each vear n/pna^^ „ T! ' • *"® ^^^* ^^Y of Provincial Secretary a stTmlToFlhlTf ^^^.i^^^^^"^* to the Provincial make at th« 'am- * ™ a -?t-, T\°'' """"'y' ""<> ='''^" "'» pecting his cou„ty;-;:a sV^^rjunl^rpaSr ^"^"'''"'''^ ^ 158. mies owned MUNICIPAL INSTITUTIONS. Ar 158. The clerk of every city shall, before the first day of AndalBo J* ebruary in each year, make a return to the Provincial Secretary ">"••'» "' of the same particulars respecting his city. '''*"''• 159. The treasurer of the county shall retain in his hands Money, to be any moneys payable to any municipality, if it is certified "t-i^ed if to him by the clerk of the county that the clerk of such muni- mid^" ""** cipahty has not made the return hereinbefore required • and the Receiver-General shall retain in his hands any moneys pay- able to any municipality, if it is certified to him by the Pro- ■ yincial Secretary that the clerk of such municipality has not made the returns hereinbefore required; and any person so required to nmke any return by a particular day who fails so to do shall bo hable to a penalty of not more than twenty doUars, to be paid to the Receiver-General for the use of the Province, to be recovered as last aforesaid. 160. The Provincial Secretary shall, aa soon as may be after Provincial the commencement of every Session, lay before both Houses of Secreta?? to be —f^^ *"''® *'' ^°P^ ^^ '^^ returns hereinbefore required to feor^eplrbv' ment. CHAMBERLAIN AND TREASURER. aJ^^',^^^""^ city council shall appoint a chamberlain, and ChambrrUiu every other council shall appoint a treasurer; and every cham wTreMurerto berlainand treasurer, before entering upon the duties of ^jg ''^ "PP^'^^t^d. office shall give such security as the council directs for the To gire aecu- faithful performance of his duties, and especially for duly ac- "ty counting for and paying over all moneys which may come into his hands ; provided that it shall be the duty of every munici- Prori«o. pal council m each and every year to enquire ii . the validity ot the security given by such chamberlain or treasurer and report thereon. .Jl?: ^7^y/!'^^"^er ^^^d chamberlain respectively shall To receive and receive and safely keep all moneys belonging to the corpora- **K«i=."v." "^ ^alpr f^ ^7 °"^ ^\l '""T ^^ '""'^ P«^«^^« ^^d in such mlfyjr manner as the laws of the Province and the lawful by-laws or resolutions of the council direct ; but no member of the cor- poration shall receive any money from such treasurer for any work performed or to be performed; and such chamberlain or „. ,- u,-, ti-easurer shall not be liable to any action at law for any moneys ^^^''''' paid by him in accordance with any bv-law or resolution passed by the municipal council of the municipality of which ne IS the chamberlain or treasurer. lity^for^bwi"""^'''"' ''' chamberlain of every municipa- To make a lity for which any sum of money has been raised on the «t"™ s;^"!^ credit *^*^''*''°^°" 4« «ial Bo»rfl of Audit. MUNICIPAL INSTITUTIONS. Hrtw attentet?, and what it muHt Bhow, Half-yearly Htatement for the council. Proviao. credit of the Consolidated Municiiml Loan Fund »l,aU so Inn., Ifjustioe o'f'theV "'" ^""^"^"\"^ eh,j;,n„iVw men*-, mil r... „ ii x "^ "v^-uimug lo mo tiien ia«t nssoss- Oovornor in Coundl' 'n»rft:..n 1 t ti'rT.;.';; L'^ uX': J'^^JlVy «Ae Revenue, the auditing of publie accounts nnrl tL Sa"d^^^^^^ *" t^repare and submit to the nm Jh«^rl ?f Tl. ^^'^-ye^rly, a correct statement of the moneys at the credit of the municipality wliose officer he is : proWded that m case of dismissal from office or absconding, it'sha 1 be llw fill for the successor to such chamberlain or treasurer inA^TZ aiiy moneys belonging to such municipality. ^^ ^'''^ ASSESSORS AND COLLECTOIIH OF CITIES. TOWNSHIPS, TOWNS AND INCORPORATED VILLAGES. tS^X- *«*• The council of every city, town, township and in pointmenU ^ corporated village, shall, a.s Koon as mav bo om?..!,'^' , }^- andquaiifica- tlv^ annual election .mnnTnf T -^ convenient after tion of. ., ;"""'''^ election, appoint as many assessors and collectors foi the municipahty as the assessment laws from tiL to t me authorize or require, and shall fill up anv vacanrv fhnf man of the municipahty ; the same person may in a citv town Assessors to designate free- liolders and householders in their assess- ment rolls, .^1 V.,c.30,s. 24. Houselioider 1««. i:very occupant of a separate portion of a house, such portion id, slmll, 80 long on, romainM un- rd of Audit, on ' year, a return, nilierlain before lunt of taxable lien lant assess- the debts and for the then last ar.s with regard ipality, as the equire, under a lit the return, id dollars, to be I, according U> tes of Canada, I and manage- :>unts, and the be the duty of mit to the niu- the moneys at provided that shall be law- mrer to draw S, TOWNS, AND ship, and in- venient after ind collectors time to time 7 that occurs ter the same 3or or collec- not the same lior or alder- i a city, town r more than ssment rolls 's or house- tliis purpose, respectively. house, such portion MUNICIPAL INSTITUTIONS. portion having a distinct communication with a public road or « co/noil.halia°S'w°wSi:«tSir'"^""^'' '^ '^"' ^"-^ SrS^ffi"- ''^■The clerk sliall publish the auditors' abstract ,nH Sr- 31o^l::^Ltil',tr^««>^ ^-"^ '.etaildtS^Lnn^ Audit of mo neys ^ „_. treaeurer '^'^™' »„^'iT-*' ^r7 """"'y """"^l *"" have the resulation »„,! ""'• the"c*Sy t^ZeT '" "- "^^ "-' °^ ^-"^ in1h"e1lV°i County coun- cil may ap- point valua- tors, their duties, &c. Salaries of oflBcers. hands of SALARIES AND CONTINUANCE IN OFFICE. 176. In case the remuneiation of anv nf +Vio rxffi„ r^i. municipality has not been settled by Act of thw'i''!^^' council having jurisdiction over such officers. ^ OFFICIAL DECLARATIONS. Declaration of l lyo t^ Qualification. - J^'*- ^^^^^^ P^rsoR elected or appointed under this Act Of Chamber- lain or Trea- surer. Form of. effect following " I, A B, do solemnlv rlpclovp +v,of t „„- ^ i i - •• natumlized) subject'of Her Mafe'tv tUt "t '"'. "T H '■ l^aM seized^ or posseasedt^Sy^'wtte' Z bte^t'of " such 49 asurer or cham- ■ble against the ed by law, the ■' abstract and ed statement in regulation and n. the hands of it two or more 3f valuing the be to ascertain y council, but ssed by asses- may be made or a period not CE. officers of the 3 • Legislature, shall provide ' the remune- )uncil. d a salary or cil shall hold a addition to II other duties )y-Iaws of the ider this Act n the incum- ice, or enters ation to the ral bom (or n truly and d benefit, of " such MUNICIPAL INSTITCTTIONS. " such an estate (specifying the nature of such estate, and if land, designating the same by its local description, rents or " t'^A'} "". ^"*^- ^"!F^ f'" ^ ^'* ^^ *^« «ffi«« ^f (naming theom for (naming the place for which such person has heel « fnt nf ff ^^«?^^«^) according to the true intent and mean- mg of the Municipal Laws of Upper Canada." 1 19. Every returning officer and returning officer's clert t>po1«..««« «* every township, village and town counciUor, efeiTcTty aS officS"**'**"^ man, every justice of the peace for a town and eveTyderk assessor, 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 follow- .< fh:^\?' ^^ solemnly promise and declare that I will trulv Form «f^«M. :i^fl -ndi-Partially, to the best of my knowIdgS Sl^nS^fe " to wb^^h tT ' *?' ^®f °^ (inserting the iame of tht office) to which I have been elected (or appointed) in this township (or as the case may he) and that I have not received aTwS not receive any payment or reward, or promise of such, for the exercise of any partiality or malversation or othe; " se^?nr ^f f ^^^^^^.^^ ^^^^ said office, and that I have not by my' self or partner, either directly or indirectly, any interest in any contract with or on behalf of the said corporation." andlhi P^n'f Tk ^"'^^^^?°^ *?. ^e "^ade by eveiy mayor Denial of diB- and alderman and by every township, village and town coun- qualifying in n^ltf t- ''"'' *hat he haa not by himself or his paTSf'"^"^ ration ' '"^ ^""^ "" ''^ "^^^ """^ '''' ^^^^^ ^^ *^^ ^^^P^" shalfbe Ismtr '"'"''"" '' '^ "^'^ ^^ '^'^y ^-"^^^ Audita ,e claration. ''I, A. B having been appointed to the office of Auditor for Form n# any share or mterest whatever in any contrLror eSv ^^^f/(^^ceptthatofAudUor,ifre.appoiited)J^^^^ half of such municipal corporation, during the year precedinlr my appointment, and that I have not any contrXor em t7.!:^rL('f'P' '^-^ Of AudUor, ifre-alpotlefZ "Z. j-tT_ocIitj yc;iu". — ' 182. The head and other members of the council, and the Heada and subordinate t* m MUNICIPAL INSTITUTIONS. Certificate of declaration. Head of coun- cil and reevea may adminis- ter oaths, kc. fteToSo"«lf^^^di^^*J Officers of every municipality, shall make the de- beforewhom claration of office and qualification before some court iudat todeclare. -cor^^^^^^^^^^^ or other justice of the' pZt'hCtg junsdiction m the municipahty for which such head members :ni^'^^^'J^''''^'''' or appointed, or before the'l^^^ rlo.^i?*;-'^^® ''°'''^' i""^^^ °^ other persons before whom such declarations are made, shaU give the necessary certifiSte of the same havmg been duly mide and subscribed. '''^'^'^^' "^ 184. The head of any council, any alderman, reeve or denutv reeve, any justice of the peace, and the clerk of a muSlHv ZIT ^ *^' municipality, administer any oath, Sation ll^et"^Z.7^l"^f''^''' '^^"*^"^ '' tie business™ he nrovl Pd «i!l "^^ office, except where otherwise speciaUy ff! ' +1 ' i ^""^fP^ "^^^^^ ^0 is the party required to take the oath or affirmation, or make the declaration. Sfcot'" ^J'^^- The deponent, affirmant, or declarant shall subscribe subscribed and ®very such oath, affirmation or declaration «r,^ «*" ""oscnoe administering it shall duly certify a"^^^^^^^^^^^ within eight days deposit the same in the office of the Se;k of the municipality to the affairs of which it relates on paj of being deemed guilty of a misdemeanor. ^ SfoS to ac- „ *^*- ^^jy qualified person duly elected or appointed to be hs election or appointment, and every person authorSf to How f ^^fr'"'t'"T.'^'^^''^^^^^i«^'^ho4oLeasoS^^ Howenforced. refuses to administer the same, shaU, on conv^ctbn tTereof thtc^nsrida'teTr f *'^ ^^^^^ ^^^^ and Sil^e t to tne Consolidated Act of Canada, respecting the duties of iustices of the peace out of sessions, in relation to^ummarTcoSions eTghttolkk^tte'd ' "r '""r ^i?^*^ ^«"-«' no^C hZ eignt dollars at the discretion of such iustices to tbp hqa r.f +k« municipality, together with the cost ofproSution "^ ^^' OFFENCES. EMBEZZLEMENT OF BOOKS, MONEYS, &e. m^t^byinu-^„i'^?; "^ ^°.°^®' papers, accounts, documents, monevs and xucipaloLe™. vauable securi^^^^^ ^^ ^Je/a p^ ^Ztt'l'^^l^'^J^l'^ £.- behalf of W council, kept ?r nronViiv 3 ilT"" "' 1'' '^"'''^ ,"^ employment, ahaU be the property of the corporation; and in case any such person or officer MUNICIPAL INSTITUTIONS. officer refuses or fails to deliver up or pay over the same re- spectively to the corporation, or to any person authorized by the council to demand them, he shall be deemed guilty of a fraudulent embezzlement thereof, and may be prosecuted and punished in the same manner as a servant fraudulently em- bezzhng any chattel, money or valuable security of his mister- 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 rec^eivable m evidence in any suit, at law or in equity ag^nst STEALING WRITS OF ELECTIONS, POLL-BOOKS, &c. 51 .■1^\ ^*-T^ P®'^'''' ,^*®^^^' ^^ unlawfully or maliciously e^her by violence or stealth, takes from any deputy returS o,^S ^r^^ f\'' ^''"^ r^ ""'^'^ person hav^ingVelawfu? custody thereof or from its lawful place of deposit for the time bemg, or unlawfully or maliciously destroys, injures or obme rates or causes to be wilfully or malicious^ destroyed iniW or obhterated, or makes or causes to be made any eriure ad- dition of names or interlineation of names, into^ or upoi or in? or'ohrf T""'^'*' '^ '' ^^^"^^^^' ^^^^S destroyinSur^ mg or obliterating, or in making any erasure addit on nf names or interlineation of names into oTupon any ^it o^^ election or any return to a writ of election, or^aVmdeYture poll book certificate or affidavit, or any kher document «; paper made prepared or drawn out according to or forThe pu^- F.ose of meeting the requirements of the law in regard ^mu^ cipalelections every such oflender shall be guilty of flnv and shall be liable to be imprisoned in the provincial peSten' tiary for any term not exceeding seven nor less than w^o yeaS" or to be imprisoned in any other place of confinemenHor a^' term less than two years, or to suffer such other punfshmen t bv fine or imprisonment, or both, as the court shaU award and i^ to 'it Zrirt'^'r'^' '^^ ^^^ -«^ offencXnecessary Lf commuted w^^n- '?k'''P''^ ^^ ^^^^^ ^^^ ^^^^^e hal oeen committed, was or is the property of any person or ih»i the same was or is of any value '^"y person, or tnat PROVISIONS APPLICABLE TO ALL COUNCILS. Stealing r>t de- strojdng, &c., certain docu- ments relating to municipal elections to be felony. Punishment. Value of docu- ment need not be stated. *^*^Wtoflt;;L''f'^J.''r^^^^ ^^^^ «^^ hundred certain se. Z}Z iT """"^'^l ^""^ forty-four, both inclusive, relate *'T *« "PP^y and ninety to two CS/ 7 ^'.''T^^''"^ ^^^^ ^^^ hundred Certain sec- ana ninety to two hundred and forty-four, both inclusive relatP ""'^^ *« »Pply to all municipalities, namely '"'^^"'^^^®'^®^^'^e toallmuilci- *' palities, 1. Townships, 2. Counties, 3. Provisional Corporations, 4. Cities, 5. Towns, and 6. Incorporated Villages JURISDICTION I^al jurisdic- tion of coun- cils. General power to make local regulations ; To regulate meetings and proceedings ; To repeal or alter by-laws. ^^ MUNICIPAL INSTITUTIONS. JUKISDICTION OF COUNCILS. fn'^' ^^^j.""f.^ic*ioIl of every council shaU be confined l.Jn-^ mumcipaJaty the council represents, except There authority beyond the same is expressl/given, knd the pTwS alttiXr'pt^d^^ t::-^' by by-la^..hen not oth^e^s^ the proceedings of the council,-the conduct of its mfmbe^ ~ hihU?.* generaUy such other regulations as the good of the in- anSl.^//^' municipality requires, and ma| repeal aler and amend its by-laws, save as by this Act restricted BY-LAWS OF COUNCILS. HOW AUTHENTICATED. S^bTa'^tfe^,**^- Every by-law Shall be under the seal of corporation cated. and shaU be signed by the head of the corporation or Tyth' person presiding at the meeting at which the by-law ha^^been passed, and by the clerk of the corporation. ^ 193. A copy of any by-law written or printed without er^ure or interlineation, and under the seal of ^,he corp^ation and cer^^ed to be a true copy by the clerk, and b^ a^^ n^^"' ber of the council, shall be deemed authentic, and be rece vTd m evidence m any court of justice without proof of the seal or STboTh o1/h " ?Pi^"^P!-dld or allged thatlhe 1, or one or both of the signatures have been forged. OPPOSITION TO BY RATE-PAYERS. 194. In case any person rated on the assessment roll of any_municipality,or of any locality therein, objects to the passing of a by-law, the passing of which is to be preceded by the apphcation of a certam number of the ratable inhabiLt^ of such municipahty or place, he shaU, on petitioning Sie council, be at hberty to attend in person, or by couZl o attorney before the council at the time at which the by-law IS intended to be considered, or before a committee of th council appointed to hear evidence thereon, and may produce evidence that the necessary notice of the applicatiVfor tl o p,...„,.i^n axe iixji. gciiume, or were obtained upon incorrect statements, and that the proposed by-law is contrarrto the wishes Certified co- pies to be evi- uence. Opposition to by-laws ap- plied for by rate-payers . Provision for MUNICIPAL INSTITUTIONS. go 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. ° 195. If the council is satisHed upon the evidence that the When by-law. application for the by-law did not contain the names of a shaU not paw. sufficient number of persons whose names were obtained without 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. PROCEEDINGS WHEN THE ASSENT OF ELECTORS IS REQUIRED. 1»6. In case a by-law requires the assent of the electors of If a by-law :i municipality before the final passing thereof, the foUowinff '^eq^-'-es th« proceedings shall be taken for ascertaining such assent, except S™.' *'' in cases otherwise provided for: > f ■ 1. The council shall by the by-law fix the day, hour and Time and place, tor taking the votes of the electors thereon at everv place p^**=^*'^ ^°*"K m the municipality at which the elections of the members of byty^w ''^ the council or councils therein are held, and shall also name a returning officer to take the votes at every such place, and such day shall not be less than three nor more than four weeks Wded%or P''^^'''^*'''° ""^ *^® proposed by-law as herein n.i- ^^%^f;"°^^l shall for at least one month before the final Proposed by- passing of the proposed by-law, publish a copy thereof in some ]^l'?^^ ?">»" newspaper pubhshed weekly or oftener in the municipality 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- aw at four or more of the most public places in the municipality ; ^ ^ 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 given.' *° ^' copy IS a true copy of a proposed by-law which wUl be taken into consideration by the council after one month from the first publication m the newspaper, stating the date of the first pubh- cation, and naming the hour, day and place or places fixed for taking the votes of the electors ; .. ^A- ^^ T^ ^!^ ^"^i ^^''^ ^ P°ll «^*11 ^e taken, and all pro- PoU ceedings thereat and for ih^ n^„^n.^o« th^r--^ "].-i' h- - ' ■ ^ electionr "'^''''''"' ^' "^^^ ^ ^' ""^^ ^'' ^ ^* ^ municipal 5. 54 MUNICIPAL INSTITUTIONS, poll-book Ztu^^ll toht. * °' *'' '^°"°'^ council/eve,^| Clerk to sum ft TVi^ ^l i i? ^i What rate- ij mi payers only .• ■"•^^ ^^t^-payers entitled to Vote on nriTr K^.; lo^, <• • shaU vote on rinff a debt or raJQinrr rv,^^^ 1 • 1 . ,, y by-law for meur- by-laws for in- ih^^Zl. ? ^ money, which shaJl not be payable within curring a debt ^^^ then current year, shall be such rnf«.^o.,.,.„ .f^u"^ .®J^'""° currmg a debt Z^l ^""*'"'' ^^ar, snail be such rate-payers onlvas arP t^TIa not payable in on the assessment rollq fnr an ^o+„+ v r'^J'^^^ ""V as are rated the current pninfnWo *''"'^^^/0^/» ^o^ an estate of freehold, either Wal or year. equitable, of sufficient value to entitle thpm +n ^.^L T ^ ^ able, and in the lej Cwhfch WhL tbi^T^ " ""^' P^^" ^ pay ■nunicipj taxes; andte itef stilt ^Slrj^^*' ing OiBcer with a verified list of electors ; «etum- ?&ot iate. „ *• ^7 rate-payer offering to vote on any such hv l»w .. • payer offering Uio next preceding sub'""'ed, may be required by such by-la "foZke tl^I»^'''"-^Z '"*'"'='' *° «*« "^ any his vote is recorS ^^ ~*'' "■ ''ffi™ation before ■■to be nameZn tt Ust of eWnf "*!! T?"'^ °' P^'l^^'-S "(or freeholder «, ft' «L ml 6« w'h ?** ^''■" " leaseholder "SaidbyJaw." ^"' ^"'""'■"g »« 'aw, entitled to vote C WHEK KKgniHIKG THB ASSENT OP THE GOVEItNOB IN COUNCIL lawiLcf :eq:?;rttpp^o™^^"*4° ^"'''='*'"' '" ™y''-- shall, before receiving .l^T^ ,' i**"* Governor in Council, clarakon, wTbTr^/of thP?™™'?,'''' ^fS^d V -lemn de: or treasurer aad-cfeS th2^?, ^d" b^ ^.'iZ ^^^^'^^ on Form. 31 v., c. 30, 8. 47. When the as- sent of the Go- vernor is re- quired to by- laws. fter the closing of erk of the local in case of a by- cal municipality ty council, eveiy the by-law shalJ 3 same, and shaU le majority have 11 keep the same ice; y-law for incur- payable within )nly as are rated , either legal or te at any muni- which shall not lebt to be con- , is made pay- Bssro covenants sh the Return- ih by-law as in be required by to vote on any •mation before ath (or affirm or purporting I a leaseholder se extends for iracted by the aade payable ; all municipal i to vote on I IN COUNCIL. 5d in any by- )r in Council, •y solemn de- chamberlain persons and on MUNICIPAL INSTITUTIONS. fUL on such other evidence as to the Governor in Council satisfac- torily proves the facts so recited; or in case of the death or absence of any such municipal officer, upon the declaration of any other member of the coimcil whoso declaration the Gover- nor in Council will accept. WHEN AND HOW QUASHED. 198. In case a resident of a municipality, or any other per- By-laws, how son mterested in a by-law, order or resolution of the council *» proceed in thereof, appUes to either of the superior courts of common law, °'"'^«'^*o^"»^' and produces to the court a copy of the by-law, order or resolu- tion, certified under the hand of the clerk and under the corpo- rate seal, and shews, by affidavit that the same was received from the clerk, and that the applicant is resident or interested as aforesaid, the court after at least four days' service on the corporation of a rule to shew cause in this behalf, may quash the by-law, order or resolution in whole or in part for illegality and according to the result of the application, award costs for proviso • time or against the corporation ; Provided always, that no appHca- wiSVhi^' tion to quash any such by-law, order or resolution, in whole or »pp^°»*»°'i , m part, shaU be entertained by any court unless such applica- "^"'*^^"'^«- tion shall be made to such court within one year from the pass- mg ot such by-law, except in the case of a by-law requiring the assent of electors or rate-payers, when such by-law has not been submitted to, or has not received the assent of such elec- tors or rate-payers, and in such case an application to quash such by-law may be made at any time. WHEN CONFIRMED BY PROMULGATION. 199. In case a by-law by which a rate is imposed has been Time after speciaUy promulgated m the manner hereinafter specified no ^Wch by-law application to quash the by-law shall be entertained after ' six aSed^'if months have elapsed since the promulgation. JropSriy pro- mulgated. 300. Every special promulgation of a by-law within the what shaU be meamng of this Act shall consist in the publication, throuah HuchprJmuir the public press, of a true copy of the by-law, and of tlie signa- ^**^"°- ture attesting Its authenticity, with a notice appended thereto *f time limited bylaw for applications to the courts to quash the same or any part thereof. 301. In the case of a by-law by which a rate is imposed, Audif thebv* the promu gation shall be either by such publication of a copv law imposes''^' 01 tne by-law with snnh nnf.ir'a oa of^.'/^coij „„ :„ i.--._ ,T ^''^ any rate. by such publication of a notice setting forth the amount of the late, and givmg the substance only of the other parts of the by- law 66 MUNICIPAL INSTITUTIONS, ieaat three consecutive numbers of the paper. Notice to be 9Aai rjM, ,. , , yiven. -^W^. Ihe notice to be appended to everv conv nf ih^ i. i for the purpose aforesaid. sS'aU be to thTXtTuolt^^ »otice.° "" ., "Notice. — The above is a true conv of n In, i.„ „. j ■_ the municipal council of the townsWn of A ;.^i passed by one of the united counties of BT^=„ln / ' *^^ """"'y °^ ^' on the day of ' tT ^T^u *^ T' ™«» ^') months at the farthpS^fJi! II Toronto, withm six calendar G. H, Township Clerk." «< %-.- the purpose aforesaid, Sitt theXI foS'o^:^'^-'''"' '"' -■ '-' Of '^cTn1l1n^rS«;r;^*''^ -^ — ^ by the municipal council of the to^hip of A, in the co'uK the purnnQo «f-^,%.; -,-'-1 . .. ^^^ ^^^^ year 18 , or "for « " ^ U: '" -aicUiy and coniractinff for aioan of f^nllara for making and macadamizing a road from to 7 (or -law passed by he county of B, he case may be) re the approval to give effect to le Governor in and all persons desirous of ap- quashed, must Her Majesty's in six calendar Igation thereof utive numbers 'le newspapers ill be too late G. H, 5^nship Clerk." the rate and tie by-law, for ing: lited counties d (set out the ■he by-law is 18 , passed :he county B, r Canada, for 't of the by- eneral public 8 ," or "for dollars to (or MUNICIPAL INSTITUTIONS. i^ {or otherwise, as the case may be) and (where the approval of the Governor in Council is by law required to give effect to such by-law), approved by His Excolloncy the Governor in Council, on the day of ,18 ; and all persons are hereby required to take noticu, that anyone desirous of applymg to have such by-law or any part thereof quashed, must make his application for that purpose to one of Her Ma- jesty'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. : (here name the newspapers m which the publication is to be made) or he will be too late to be heard in that behalf G. H., Township Clerk." ^•?i?^^"i''!-'^"?-^?PH''^l'°'' *° "1"^^^ any by-law be made if „ot moved within the time limited for that purpose, the by-law, or so against, within much thereof as is not the subject of any such application, or S'to'beS" not quashed upon such application, so far as the same ordains '''' *° '" ^'^"*- prescribes or directs anything within the proper competence of the council to ordain, prescribe or direct, shall, notwithstand- ing any want of substance or form, either in the by-law Itself, or m the time or manner of passing the same, be a valid by-law. IF QUASHED, THE CORPORATION ONLY TO BE LIABLE. 305. In case a by-law, order or resolution be illegal inLiabiUtyof whole or m part, and in case anything has been done under it ^unicipaUty which, by reason of such illegality, gives any person a right of uXabyTw action no such action shall be brought until one month has "te^arl '*'' elapsed after the by-law, order or resolution has been quashed '^"'^^'**- or repealed nor until one month's notice in writing, of the in- tention 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. J' "> TENDER OF AMENDS BY. ^06. In case the corporation tenders amends to the plaintiff Tender of or his attorney, if such tender be pleaded and (if traversed) *"'"'^*^«- proved, and if no more than the amount tendered is recovered ine piamtitt shall navo nn f»'^c.+" i^"f -^0+ ,'-.11 i • ■• ■ 1 J n ^j , ": ^" *' ' v-^^o•^o, Dui; v;0sts suall uo zsLxeo. to the defendant, and set off against the verdict, and the balance due to either party shall be recovered as in ordinary cases. OFFENCES '68 MUNICIPAL INSTITUTIONS. OFFENCES AGAINST BY-LAWS. mg to repeal such flrat mentioned bv iL I S ^ m'*°"'P'" feTwi ' ' ^^, I" ??^« »n office is committe,! against a by-law of . looaUty Uefo thf XnL?S%?;™fe'Z' ffT *" *^ S.„„«^p„. committed, whether the Justice is r^^^^^^ not, may trj- and determine any prosecution for the offenS more justices act together therein, then under the ha^d anTsea sale of the goods and chattels of the offender. Commitment o a a t /. , i -•'""-ml^' t^^f i g-rSntt -r-".!:-, Z Penalty and costs; How levied. ^"SSInd °' , J * ^, 7^« police magistrate, or when there is no police mams police magia- trate, th# mivor of a town or oifv «lioii u • fy"V,. ^s^'^ tratesover addition tn hL ^fi... J ? •^' '^^^^^ ^^^® jurisdiction in for penalties for refusin. U.Z^nkfJt.^^l'''-'''y' ■™<1 necessary declarations of qualificaiion 'and'offiS " ""^ ""* DEBENTURES, MUNICIPAL INSTITUTIONS. DEBENTURES, &c.. HOW TO HE MADE. 50 exe< 213. All debentures and other specialties duly authorized Debentures, to be executed on behalf of a municipal corporation shall ^^^'' *"» unless otherwise specially authorized or provided, be sealed cut'IdT ^' ' with the seal of the corporation, and be signed by the head thereof or by some other jjerson authorized by by-law to sign the sar e, otherwise the same shall not be valid, and it 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. TRANSFERABLE BY DELIVERY, &C. A ?!1" ^^y ^f^^nt^re heretofore issued, or issued after this Debentures Act takes etiect, under the formalities required by law by any transferable municipal or provisional municipal corporation, payable to S/awI't^' '^ bearer, or to any person named therein or bearer, may be trans- bearer, ferred by delivery, and such transfer shall vest the property of such debenture in the holder, and enable him to maintain an action thereupon in his own name. 3S5. Any debenture issued as aforesaid, and made payable Or, if endorsed to any person or order, shall (after the endorsation thereof in ^° ^1*°^, when blank by such person) be transferable by deUvery from the ffi^^' *° time of the endorsation, and the transfer shall vest the property thereof m the holder, and enable him to maintain an action thereupon in his own name. 316. In a suit or action upon any such debenture, it shall in pleading not be necessary for the plaintiff to set forth in the declaration sufficient to or other pleading, or to prove the mode by which he became S^^tf "" the holder 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 endorsation in blank, if any) and accSn 1 ^^^^"^ '*■' ^^^^^ ^^^""^ """^^ purport, and to make proof ■ ^JMn ^^^""t ff^T^n""^' ''"''^^ "^ aforesaid, shall be valid Full amount and recoverable to the full amount, notwithstanding its neffo- "-ecoverable, onXes^t Zfjlir^'-'' "^ ^ '"l' ^''' *^"" P^^' ^' ^* ^ '^^^ SSiS^t 01 interest greater than six per centum ner annum, nr al+linnrrV, exceediuee rif "" "? .f ^^ V '* ^""^^^^^ ^^^^ «^^ V^^ ^^e^t^^i perannum^sLTowpa;' reserved thereby, or made payable thereon. ^ BESTRICTIONS , or 60 upon counciU M to banking, *4I». MUNICIPAL INSTITUTIONS. RESTRICTIONS UPON COUNCILS. iSo councif shafact ' a.s^ bankers, or ililT'anT bondl !, debenture, or other ,,n,}nnf„i,:.' ..r A"^, 'J'^T ^^*^.d' any form in ti.o nature ouLT'^mt^llZ' tilt'.''' » issuingbiUii, :;"'f'r^'-''"r"''"'x' "^ "'^'^^^ un^ert^aking of any kind or"in bond«, Ac. ^"y lorm in tno nature of a bank bill or Tu.fn 1 ; 1 'i , 1° To iflsiie bank notes, &c., contrary to this Act, declared a initdemeanor. Granting monopolies prohibited. shall be guilty ^of a misdeSnor ^ *" *"' '^'='' ''"'^'' P''^*" or calling, or to imifose asCil "" """""^'Hity any trade the same or to reZ°re Knt t^K 7 T^ f "°" exercising council. ^^^ corporation represented by such memS 'Jith .,?*'^*^.- ^,'^. ^^^ a member of the council -f anv niim,-A;^ar+ the corpora- either m his own name or in iha na»I / 7^. "^"ni<^ipality, action at law thereon against the corporation. ^ --w*» T VJ«V» All law if void in equity. Costa of mandamus. COSTS OF MANDAMUS. crenon, grant or refuse costs. ' " ' "" ^ ' "' '"""^^ '^'^' EXECUTIONS MUNICIPAL INSTITUTIONS. 61 «24. Any writ of execution against a municipal corporation Procoedin™ may be endorsed with a direction to the sheriff to levy the ""^"^"^ «"• brthe'fonowln^ ^'^ '''^''' '""^ ^^'"^ proceedings thereon shall then mSciSl 1 The sheriff shall deliver a copy of the writ and endorse- Sheriff to deli- ment to the chamberlain or treasurer, or leave such copy at the ver statement office or dwelling-house of that officer, with a statement jn *" *'^'""'-'^'- 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 the service ; "^ 2 In case the amount, with interest thereon from the day if not paid a mentioned m the statement, be not paid to the sheriff within "t" t?be'' ' one month after the service the sheriff shall examine the '*'"'^- assessment rolls of the corporation, and shall, in like manner as rates are struck for general municipal purposes, strike a rate sufiicient m the dollar to cover theamount duo on the execution with such addition to the same as the sheriff deems sufficient t^''2'i!!V^!'T'^' ^'T''''' ^T ^^^ ^^^ collector's percent- age, up to the time when such rate will probably be avail- ,nulp7hf« ^^n1^ 'V" f'T^'F'' i^'""^ ^ P'^'-'^P* or precepts, Sheriffs pre- under his hand and seal of office, directed to the collector or <=«?* to le^ 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 pre- cept, command the collector or collectors within their respec- tive jurisdictions, to levy such rate at the time and in the man- ner by law required in respect of the general annual rates ; i}.t'rIn^T^^ ^^t ^'""^ fo/ levying the annual rates next after whotocoUect the receipt of such precept, the collectors have a general rate the ratr"''^* roll delivered to them for such year, they shall add a column thereto headed, "Execution rate in A. R,, vs. The TownshS" Hon ^/ more than one, and shall insert therein the amount by such precept required to be levied upon each person respe^^ tively, and shall levy the amount of such execution ra e as aforesaid and shall, within t)ie time they are by law required to majce the returns of the general annual rat/rpflftHhe sherm the precept with the amount levied" "thereon ate deducting their percentage ; ^-nereon, aitei 6. "^ MUNICIPAL INSTITUTIONS. '"'^'" fJi^^' '^""'^ '^^"' ^^*'" satisfying the execution and aU fees thereon pay any surplus, within ten days after receMng the same to the chamberlain or treasurerf for the general purposes of the corporation; "^ uie general sorsaidcol- .% ^^ c^rk, assessors and collectors of the corporation iffiS^Stt rermittiL^orS-'' .^ T^'i ^^^ ^^"^^^^ ^^^^ ^^^^t or court from P^rmittrng or assisting the sheriff to carry into effect, the provi- which^t ^o^« oyh,3 ^ , ^^^ ^^ ^^^j^ Ixecutions, be d^emrd such shS T. *^' IT't'^V^^ ^^^^^ *^^ ^i^ i««^«d, and as such shall be amenable to the court, and may be proceeded agains by attachment or other>vise, to compel tLm trperform the duties hereby imposed upon them. ^ DEBTS AND RATES. issues. YEARLY RATES FOR DEBTS. Yearljr rates to be levied, suflS- cient to pay all debts payable within the year. If such aggre- gate be not sufficient to pay debts pay- able within the year. J^5. The council of every township, and the council of every county and of every provisional corporation and of every city and of every town, and of every incorporated ^Le respectively, shall-assess and levy on the whole rlble pr3 withm Its jurisdiction, a sufficient sum in e.ch year to pav aU J^li ^f^ "•.!*•' ?,^«^^<^ion, whether of principal or iE Indk^vtTnTn ""^ *^' year, but no such Weil shaU assess Ag^re^aterate ^ents In the 11^ n^'.^ ""''! ^^^ T ^^^'^^'' '^'' '^ '^^ limltel. ^If^ 1^ J^^e doUar on the actual value, exclusive of school rates; and if in any mumcipality the aggregate amount of the rates necessary for the payment of the current annual expenses of the municipahty, and the interest and principal of the debts contracted by such municipality at the time of the passintof this Act shall exceed the said aggregate rate of two cenr Se dollar on the actual value of such ratable property, the councU of such municipality shall levy such furtW rat^es a^ mav^ necessary to discharge obligations already incurred, b^tThaU contract no further debts until the annual rates required to be levied withm such municipality are reduced within the aggre! gate rate aforesaid. *8&^*' POWER OF EXEMPTION. f^rtSion J^;I:r. municipality shall have the power of exempting any ^ctories, 33 manufacturing estabhshment from taxation for any period not v., c. 26. s. longer than five years. ^ ^ BY-LAWS TO CREATE DEBTS, &C. c^rLtlngdebt. , ^P" ^^erj such council may, under the formalities required by law, pass by-laws for contracting debts by borrowing money MUNICIPAL INSTITUTIONS. QO money or otherwise, and for levying rates for payment of such debts on the ratable property of the municipality, for any pur- pose within the jurisdiction of the council, but no such by-law shall be valid which is not in accordance with the following restrictions and provisions : 1. The by-law, if not for creating a debt for the purchase of Terms of. public works, shall name a day in the financial year in which ^*'? ^ *'*^® the same is passed, when the by-law shall take effect ; ^ ^^ ' 2. If not contracted for gas or water-works, or for the pur- When debt to chase ot public works, according to the Statutes relating thereto ^« redeemed. ^^.'^,^^^^® °^*^® ^®^* ^^^ ^^® 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 the debt is contracted for gas or water- works, the same shall in hke manner be paid Kfor gas m thirty yearo at fui'thest, from the day on which the by-law ^'"'"' ^*°- takes effect ; • ^aIu-^ ^y-^^^ shall settle an equal special rate per annum, To provide a m addition to all other rates, to be levied in each ^earfor paving y^^^y rate, the debt and interest ; ■> f j a 4. Such special rate shall be sufficient, according to the To be sufficient amount ot ratable property appearing by the last revised "» amount, assessment rolls, to discharge the debt and interest when respec- tively payable ; ^ 5. The amount of ratable property shaU be ascertained Irrespective of irrespective of any future increase of the ratable property of ^"*'^^^°*''"^*«« the municipality, and of any income in the nature of tolls, in- pUy^^^^'^™- terest or dividends, from the work, or from any stock, share or interest m the work, upon which the money to be so raised or any part thereof is intended to be invested, and also irrespective ot any income from the temporary investment of the sinking iund or of any part thereof; ^ \ The by-law shall recite : (1 ,) The amount of the debt which such new 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 new debt and interest; (3) The amount of the whole ratable property of the municipality ac- cording to the last revised, or revised and equalized assessment rous ; (*.) The amount of the existing debt of tlie miinininaH+^ showing the interest and principal separately and howWch • ^ny) interest is in arrears ; and (5.) The annual special rate in the doUar for paying the interest and creating an equal yearly Kecitals in : — amount and object of debt ; The yearly- rate for the debt. The value of the ratable property. rate for sink- ing fund and interest. 64 Municipal de- bentures in ex- change for others, how issued. :i3V., c. 26,8. 17. To be assented to by the rate- payers. MUNICIPAL INSTITUTIONS. yearly sinking fund for paying the principal of the new debt, according to this Act ; 7. That it shall not be necessary for any county when passing a by-law authorizing the issue of debentures of the said county tor the sole purpose, and no other, of exchanging or redeeming the present outstanding debentures of said county, to comply with the formalities of the two hundred and twenty-sixth sec- tion of the Act passed in the Session held in the twenty-ninth and thirtieth years of Her Majesty's reign, chaptered fifty- Exception for drainage. Exception as to counties other than cities. Courses of proceeding by county coun- cils. Form of notice. 337. Every by-law (except for drainage as provided for under the two hundred and eighty-second section of this Act^ for raising upon the credit of the municipality any money not re- quired for Its ordinary expenditure, and not payable within the same municipal year, shall, before the final passing thereof re- ceive the assent of the electors of the municipality in the man- ner provided for in the one hundred and ninety-sixth section of this Act; excrpt that in counties (other than cities) the council ot such county or counties may raise by by-law or by-laws without submitting the same for the assent of the electors of such county or counties, for contracting debts or loans, any sum or sums over and above the sums required for its ordinary doHars ^ ^^ """^ exceeding in any one year twenty thousand 338. 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, shall be valid, unless the same is passed at a meeting of the council especially caUed tor the purpose of considering the same, and held not less than three months after a copy of such by-law at length as the same IS ultimately passed, together with a notice of the day appointed tor such meeting, has been published in some newspaper issued weekly or oftener within the county, or if there be no such pub- lic newspaper, then in a public newspaper published nearest to the county ; which said notice may be to the effect following :— FORM OF NOTICE. _ " The above is a true copy of a proposed by-law to be taken into consideration by the municipality of the county (or united counties) of at in the said county, (or united counties) on the o'clock in the day of 18 , at the hour of noon, at which time and place the mem- bers n passing id county edeeming o comply sixth sec- ity-ninth red fifty- for under Act) for y not re- ithin the ereof, ra- the man- section of e council by-laws, lectors of )e taken f united <" united of le mem- bers Municipal councilB mxy purchase pub- lic works, and contract debts withoutimpoa- ing a yearly rate as preyid- ed in the three laat sections. MUNICIPAL INSIiTUnONS. afo'^eslid^ "^"^"^^ ^^ ^""'"^^ "'^"^""^ ^ ^*^^d ^°' the P«»Pose G. H. Clerk." PURCHASE OF PUBLIC WORKS. 2^9. 1 Any council may contract a debt to Her Maiestv in the purchase of any of the public roads, harbours bridieT .buildings or other public works in Uppe; CanadaT'and Jay execute such bonds, deeds, covenants, and other securities to Her Majesty as the council may deem fit, for the payment of the price of any such public work already sold or trSerred or which may be sold or transferred, or a^eed to be sold o^trans- feired to such municipal corporation, fnd for secur^g the per formance and observance of all or any of the conditions of sale or transfer ; and may also pass all necessary by-laws for any o? the purposes aforesaid; and all such by-laws, debte bonck special or other rate per annum has been settled or imposed to lionfomtLr' " '"^''^' '' *'^ '""''^ '^'' «"^ creation^oraLTuTh^rh7 V^J^^W to be passed for the Eatesma.be creation ol any such debt, or for the executing any such bonds ^^^^^ ^r deeds, covenants or other securities as aforesaid, to Her Maiestv fir^T"^:^^ or m any other by-law to be passed by the coimcH LS S '^^tZ^ impose a special rate per annum, of such amount as the cou^n ?r '°^ ToX fr r P'^n'' ^^ ^^^^^^ *^ ^U ^tl^^r rate^whatso^er """" to be levied m each year upon the assessed ratable property Jebts Von!irr 7'^^'^' ^'' '^' F"^°^^^* -^d dischargeTsulh debts, bonds deeds, covenants or other securities, or some part thereof, and the by-law shall be valid,ralthough the rate settled i:ri::^o^rlLV'''^^''' i^ ^^t^^ bithe'siM's::'^' last mentioned ; and the said sections shall, so far as appHcable apply and extend to every such by-law, and the m^nTyf raised 01 to be raised thereby, as fuUy in every respect as such pro^- oZr/^r^'^^"' ^¥^ ^ ^^y ^^-1^^ enacted bfa^y ec^ons^orte thr''^'^ '^ -^^ ^'^^ a/ provided in thi said sections, or to the moneys raised or to be raised thereby ; 3. The councU of any municipal corporation purchasing? ,> , mims due to Government for moneys advanced to pubHo «»'""°»""- the'^nsaSalta ag^d™"""' '"' """' ""''"^ *" ^^ K HOW 66 MUNICIPAL INSTITUTIONS. HOW ACCOUNTS OF DEBTS AND RATES TO BE KEPT. Sountsl^be, «30. The council of every county, provisional corporation, kept; 1, of the township, city, town and incorporated village, shall keep in its Tof telSi- r^'S *^^,«?Par,at« accounts, one for the special rate, and one ingfund. lor the sinking fund, of every debt, to be both distinguished trom all other accounts in the books by some prefix designat- ing the purpose for which the debt was contracted, 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 appropriated for payment there- tYbrcaSto.x,^**- ^^' ^^'*e^P^yi«g*lie interest of a debt and appropriating the sinking the necessary sum to the sinking fund of such debt for any fund account, financial year, there is a surplus at the credit of the special rate account of such debt, 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 the next year's interest, the excess shall be carried to the credit of the sinking fund account of such debt. HOW SURPLUS TO BE INVESTED. How surplu* to be disposed of. Investment, how to be made. Application of moneys with consent of Governor in C*uncil. 333. 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 thereof as cannot be immediately applied towards paying the debt by the reason of no part thereof being yet payable ; and the council 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, 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 ohe 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 payment 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 provided in such order, and the municipal council shall thereupon apply and continue to apply such part of the produce of the special rate at the credit M' flia ■^Ir-n tJJtJLti*jJ_lti such order. xuuu. ux speciax xatu accuauts, as directed by APPROPRUTION 3 BE KEPT. corporation, 1 keep in its ite, and one iistinguished fix designat- i, and shall aecessary, so I the amount lament there- ppropriating ebt for any the special remain, and ir's interest; next year's the sinking D. . e, invest in r in Council rate levied Qking fund I cannot be e reason of shall apply lents to the ned by the Duncil may, the special account or )f being so 5 same shall such value, for, of any esentiug or I not then r, and the sntinue to t the credit directed by »RUTION MUNICIPAL INSTITUTIONS. APPROPRIATION OF SURPLUS. 67 of!nvdSi'?I.r'^' council may appropriate to the payment Council may ot any debt the surplus mcome derived from any public or ^pp^^ «*»^«^ pSf Jhe Znnl'r'' '"^^^^ ^ ^^*^^^«* thL'in, aft" SV^br « paying the annual expenses thereof, or any unappropriated money m the treasury, or any money raised by addSal rate ; and any money so appropriated shall be ca^ed to the credit of the sinking fund of the debt. WHEN BY-LAWS CREATING DEBTS REPEAL ABLE. 234. When part only of a sum of money provided for bv a wi, ^ as to any part of the residue and as to a proportionate JriZ^'^^H^'' i"" lawTedtt'tirrr' '"^rt' p-vidertr';:reaii^^^^^^^^^^ law recites the facts on which it is founded and ic p n,.m-r,+; i P^^led pro to take effect on the thirty-first day of D^cetCln^^^^^^^^^^^ Its passing and does not affect any rates due, or penalties mcurred before that day, and provided the by-law^Ts first approved by the Governor in Council. not^ uitiut'dlbtnL W ^""A «^^^«*«d' the council shall By-Wnotre: uiTl *^t- wr.^'/'^®''®^^ h^^e heen paid, repeal the bv- ^''^''^^'' '^'^d payinftL^^^^^^^^ "T -ntraeted,^r 'any\y.la; t K^!^- Er/ ^^®,^e'^* o^,.*he interest thereon, or for providing ^^^^ *iil debt therefor a rate or additional rate, or appropriating thereto thf^*''' surplus income of any work or of an/stock or intorest there^ or money from any other source; and the coundl shaH not aUer a by-law providing any such rate so as to dimLish the amount to be levied under the by-law, except in the cases herein authorized, and shaU not apply to any o her purpose any money m the corporation treasiJy which, not having been previously otherwise appropriated by any by-law or fesolu tion, has been directed to be applied to such plymlnt WHEN SPECIAL RATE MAY RE REDUCED. folfo^ngrr'^of^IvL^^^^^^^^^^ The" --^ ^^ /^e Wben tbe .te the speefal rate imposed for theTa^men^- o^a' dXt Zfcll F^^^'^ rttury:iPtd^^^^^ ^4- .^^^ «- -hrndfrlfar - ^- KT^e'sut J it^Tf fn7;tr o^ff mr sinking-fi^AdoFthTdrbrro?:nr^^^^^ the credit of the special 'rate anTsi^^ f^^tcSf r^ spectively, m MUNICIPAL INSTITUTIONS. spectively, amount to more than the annual sum 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 fL'nTir^«-^^"^^\^? *^" ^'^"^^g y«^^ ^ a ^^^ ^ot less than the difference between such last mentioned surplus, and the annual sum which the original by-law named and reqiired to be raised as a special rate. ifn'Stfje'uch ^^^- ^"* *^^ ^y-law shaU not be valid unless it recites :~ by-law. ^ 1. The amount of the special rate imposed by the original 2. The balance of such rate for the particular year or on hand irom former years ; 3. The surplus income of the work, share or interest therein received for such year; and ^ 4. The amount derived for such year from any temporarv investment of the sinking fund— j i- j to be^iS' , Nor unless the by-law names the reduced amount in the dol- lar to be levied under the original by-law Jdo^b/fhr ^.°^ unless the by-law be afterwards approved by the Gover- Govemor. DlOr m Council. ANTICIPATORY APPROPRIATIONS. ^prS^Ss ^^^ . ':\ ''^^^ ^""y council desires to make an anticipatory may be made, appropriation tor the next ensuing year in lieu of the special rate for such year, in respect of any debt, the council may do so by by-law, in the manner and subject to the provisions and re- strictions following : SS*bi''sSap. ^- The council may carry to the credit of the sinking fund propriated. account of the debt, as much as may be necessary for the pur- pose aforesaid ; (a.) Of any money at the credit of the special rate account of the debt beyond the interest on such debt for the year follow- ing that m which the anticipatory appropr u.tion is made ; (&.) Andof iny money raised for tlu- purpose aforesaid by additional rate or otherwise ; required to I the instal- 9 a surplus to 1 the council levied under sum not less surplus, and and required it recites : — the original r or on hand jrest therein r temporary t in the dol- the Gover- ment mticipatory the special may do so, ons and re- iking fund or the pur- account of ear follow- nade ; jresaid by (c.) MUNICIPAL INSTITUTIONS. .^^t^nLlSXT'^"^^' '^"^ any temporary invest. «9 sinking fund ; (e) And of any unappropriated money in the treasury; prfaW r"'^' respectively not having been otherwise appro- the^e?era&eeT:fXtlrt'■°^t'^ t^' "JS'^^?'* ■^— *» he respectively applied t%rir;:fandtt:"4'i^^^^^^^^ appropriation of the debt for such next ens Jng year; raLtTnl »drZ;rrp;St1h^-%^-'^'°/*5'' =P^"'^ ^».-=- itoin aU or any of theruZ™ wXti^S^S^rffideTtJ ^ -^"- - 839. The by-law sh,'.ll not be valid unless it recites : By-iawmust terlnsXiSfrZllh^^et'^L-'^^^^^^^^^^ 2. The amount, if any, already paid of the debt; The amount paid. 3. The annual amount of the sinkino- fnnrl aT.r^T./^r^^•«i• quired in respect of such debt ^ appropriation re- The.amountof ^ v^uu, Sinking fund mi yearly, 4. The total amount, then on hand, of the sinking fund pn .ru Sfirish LXV° ''^ '^ clistinguish?4The'amtS^?^^^^^^ invSedT treasury from the amount temporarily 5. The amount required to meet the interpsf of +Tin A^\.i. f the year next after the maki-ii. cT^?! mterest ot the debt, for The amount tion- and making of such anticipatory appropria- "quired for ' "** * next year's in- S^^MT ~^d ^ -' "™?'. "^ 'y *?<* *•'''* *>-» councna^ tr>"mllt*i, '"■",• "i "V^ "inKing lund account a sum sufficient % rX- rfnd^"" ""P^P™""" (■'-^g the amot^f 7. ..-y^mt*"" fQ MUNICIPAL INSTITUTIONS. What such report must shew. Sved?; p ^' ^° ^"^'^ Vlaw shaU be valid unless approved by the Govem.r. trovemor m Council. "^ ■ohitionofa' ?-^- -^I^^J" *^e dissolution of any municipal union, the union^ these- semor mumcipality may make an anticipatory appropriation r;r;'rr- f^ the rehef of the junior municipality, i/ respect of any debt lievethe junior securea by the by-law, in the same manner as the senior muni- to^rraJpSr "P""^'*^ ™'^^* ^° °^ ^ts own behalf tion. REPORT OF DEBTS TO BE MADE YEARLY. t^."Zkrr" .^/'- ^^«.ry ^^^^^^ shall, on or before the thirty-finst day yearly report ot January in each year, transmit to the Governor General tle^feblftr^ tlT^). l^' i'^'^^i^-i^l Secretary, an account of the sevS the Governor, ^f^^ ot the corporation, a^ they stood on the thirty-first dav ■ Sk- f'^jf" P^^^^^i^g' 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 ; interelt** "^^^^ ^'"^vided for the redemption of the debt and velr-^^^ ^°'^'°'' ^'^ ^""^^ redeemed of the debt during such 9. The balance still due of the principul of the debt. ^a^P^S' 'i**- Th^formof the account may from time to time be a form of prescribed by the Governor in Council. account. COMMISSIONS OF INQUIRY RESPECTING MUNICIPAL FINANCES. S^1oa\?"" , . *t^- ^" case one third of the members of any council peti- tion lor a commission to issue under the Great Seal, to inquire into MUNICIPAL INSTITUTIONS. oved by the union, the ippropriation of any debt senior muni- A.RLY. •ty-fiivst day aor General, the several rty-first day very debt of 71 3 debt and ng on such iuring such (i last men- bt. to time be NICIPAL uncil peti- to inquire into mto the financial affmrs of the corporation and things connected inquiry may therewith, and if sufficient cause be shewn, the Governor in^"^- Council may issue a commission acoordingly, and the commis- sioner or the commissioners, or such one or more of them as the commission empowers to act, shaU have the same power to summon witnesses, enforce their attendance, and compel them to produce documents and to give evidence, as any court has in civil cases. «i^?i; J^t ^T?'^' *° ^^ ^^^^"^^^ ^•'^ executing the commis- ExpenBes of sion snail be determined and certified by the Minister of «"<=^ «=»°iini8- Fmance or his Deputy, and shall become thenceforth a debt fir ^""""^"^ 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 commissioners, at the oflice of the treasurer of the corporation. ^^^™i9S| J^™^^^^^^^ TO ALL MUNICIPALITIES EXCEPT PKOVISIONAL CORPORATIONS. »45. The following section applies to all municipalities, Sections ajppii- provisional corporations not included, namelv • ^'^^'^ *» *", •^ * except provi- sional councils. 1. Counties, 2. Townships, 3. Cities, 4. Towns, and 5, Incorporated Villages. 246. The councU of every county, township, citv, town and CounciUmay incorporated village may respectively pass by-laws "*^* by-laws; OBTAINING PROPERTY. L For obtaining such real and personal property as may be For obtaining required for the use of the corporation, and for erecting im- ^'°?^^y' '^^^ proving aud maintainmg a hall, and any other houses and &c^^'"°°''' buildings required by and being upon the land of the cor- re ""uired •^'' disposing of such property when no longer APPOINTING CERTAIN OFFICERS. 2. For appointing such — (1.) Pound-keepers, (2.) Fence- Viewers, 'S.) Oversfifiraof TTio-hTD-QfTo (4.) Road Surveyors, (5.) Road Commissioners, ih.l ^'''*,^''^^ ^^5^^^ ^®««P as are necessary in the affairs of To appoint the corporation, or for carrying into effect the provisions of any °^^^i Act •* MUNICIPAL INSTITUTIONS. 31V" "■ ^' Act of the I^^lature, or for the removal cf such officers • buf nothing m th£ Act shaU prevent any member of a^Xkt^n from actmg a^ commissioner, superintendent or ove3r oC any road or work undertaken and carried on in p,S or Tn whole, at the expense of the municipality; and^tThKe law pola'^rl""""^''^'^^ *^ P^^-^^' '"^'^ member oTthetT- ?eer Tn +y; ' ^"'°^""^«»^oner. superintendent or over- payments t,;'" '""^T r ^«""«^l^r« ^re paid, and aJl payments Jiei,Uure made by any municipalitv to anv mm missioner. superintendent or"" overseer, a^ting^as such aTe' lav Jfftf '''^ '■ ^' ^^^"^' ^"^ '^^' «^«*i«^ BhaU not n' any way affect any judgment already obtained, or any suit or proceedmg already commenced ; ^ °^ "^""i ° ^Jh :ffl"'^'"'!°f**''«"?™«™t'on.ftes, charges and duties of Por aiding Agricultural Societies; Local census. Pines and pe- nalties for ne- glect of duty. Levying penal- ties by distress. Imprisonment when ^llowsd and time of. AIDING AGRICULTURAL AND OTHER SOCIETIES. 4. For granting money or land in aid of the Agricultural Association of Upper Canada, or of any duly orgaXd iTri Cd'of Arf^'^Tt^^V^r'^ '^ ^PP- Canf^or otfhe lioard ot Aris and Manufactures for Upper Canada or of «t.^ incorporated Mechanics' Institute withinX munidpal'ty ^ CENSUS. TTinl f''''i^*l'i''^ ^ T,^""^ ""^^^^ inhabitants, or of the resident male freeholders and householders in the municipality; FINES AND PENALTIES. ^if^i ^r"" ^""7 ^.^'?^'' ^°^ *^^ non-perf-ormance of his duties tin Z^rT t"''^ or.-PPointed to Ly office in the corporL tion, and who has accepted such office and taken the oaths^and afterwards neglects the duties thereof; and (6.) For breach of any of the by-laws of the corporation ; and "^A ^°^,<^<>^llecting such penalties by distress and-sale of the goods and chattels of the offender ; 8. For inflicting reasonablfi nunishmonf l^xr : — ,„•„ . with or without hird labour either in a loct^l 7Si>7ome town officers; but . corporation i^erseer, over I part or in hall be law- of the cor- mt or over- lid, and all o any com- i such, are not in any 'ny suit or nd duties of )erformance ES. Lgricultural lized Agri- L, or of the I-, or of any pality; 16 resident exceeding his duties e corpora- oaths, and tion; and lie of the IsoiiLQcni 3 in some town MUNICIPAL INSTITUTIONS. ^a town or village in the township, or in the county gaol or house of correction for any period not exceeding twenty-one days for breach of any of the by-laws of the councU. in case of non-^ payment of the hue inflicted for any such breach, and there bemg no distress found out of wliich 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 noM-paynient of the costs and fines inflicted and there being no sutticient distress as aforesaid. PROVISIONS APPLICABLE TO TOWNSHIPS CITIFS TOWNS, AND INCOKimATED VILLAGES ' JaV^\ ^^^ following sections numbered from two hundred what sections and forty-eigl)t to two hundred and seventy shall apply to the 3^11 so apSy' following municipalities, namely : 1. Townships, 2. Cities, 3. Towns, and 4. Incorporated villages, And sections two hundred and fifty-seven to two hundred and sixty both included, apply to all such places as are therein re- ferred to. PUBLIC HEALTH. r.r.^l^A ^u ^ "^^°^bers of every township, city, town and incor- Members of porated village council shall be health officers within their re- coundiTo be spective mumcipalities, under the consolidated statute for Upper ^^""^^^ °®°^"'- Canada, respecting the public health, and under any Act passed after this Act takes effect for the like purpose ; but any such council may by by-law delegate the powers of its members as sucii health officers to a committee of their ow i number or to such persons, either including or not including one or more of themselves, as the council thinks best. J)^tRT%lf'?r^' ^^^' P.V^^' 2^^' 255, 256, 257, 258, 259, 260 261, 262, 263, repealed by 32 Vic, Cap. 32, Sec. 40. See Act respectn Tavern and Shop Licenses." ^64. Every council of a township, city, town or incorporated By-laws for- village may also pass by-laws : BILLIARD TABLES. 1.^ For licensing, regulating and oroverninff all nersrm« wT,^ t: .s- - , for hire or gain direr % or indirectly, keepT or have Yn the i^e^torbii" possession, or on their premises, any billiard table, or who keep ""'^^^^l^"- or '1 • ^ MUNICIPAL INSTITUTIONS. or have a billiard table in a house or place of public entertain- ment or resort, whether such billiard table is used or not, and Zhflu^ )\ T' ^"^ ,^^P^'^.^ ^"'' '' '»^«"«« «« *o ^^ve or keep such billiartl table, and the time such license shall bo in force ; VICTUALLING HOUSES, &C. See'"i. , 2. For limiting the number of and regulating victuaUinc berandregu- houses ordmarios, and houses where fruit, oysters clams or l^^uoaof. victuals are sold to be eaten therein, and all otLr ^LesTor the reception, refreshment or entertainment of the public ; and, fe/fors^l ,, ^- J^^ licensing the same when no other provision exists Sections 265, 266 and 267, repealed by 32 Vic, Cap 32 Sec 40. See "Act respecting Tavern and Shop Licenses^ ' LAND MARKS AND BOUNDARIES. miriSlidT'* . ^^^ In case the council of any township, city, town or monumente to incorporated village adopts a resolution on the application of ^a.k bound- one half of the resident landholders to be affected tCy That It IS expedient to place durable monuments at the front or rear of any concessicu or range or part thereof in the municipality or at the front or rear angles of the lots therein, the council may apply to the Governor in the manner provided for in the sixth to the tcEth sections of the Consolidated Statute for Upner 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, and the person or persons making the survey shall accordingly plant stone or other dur- able 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 nmits of each lot so ascertained and marked, shall be the true Jim^ts thereof; and the costs of the survey shall be defrayed in the manner prescribed by the said Statute. ciLmryp^s''" ?^\'^^^ council of every township, city, town or incorpo- by-laws, for- rated village may also pass by-laws : Con. Stat. U.C..C.93 Costs of BUT' vey. PROVISION FOR ESTABLISHING BOUNDARIES. Aacertaining stud. inarIc;?T* 1. For procuring the necessarv estimates ar^rl proper appHcation for ascertaining and establishing the boun- dary MUNICIPAL INSTITUTIONS. 75 c entertain- er not, and ave or keop bo in force ; victualling , clams, or aces for the c ; and, sion exists i exceeding ip. 32, Sec. , town or lication of reby, that >nt or rear nicipality, le council for in the for Upper cause a eof, to be thority of )r persons •ther dur- ioncession front and ) and the ! the true ifraj'^ed in mcorpo- le boun- dary (laiy Imes of tho municipality, according to law, in case the rK>«nd.rie. of san.e has not been done; and for erecting and providing for thot^--^S preservation of the durable monuments required to be erected tor evidencing the same ; SCHOOLS. 2. For obtaining such real property as may be required for Acquiring the erection of common school houses thereon. a» d for other i-na for * common schoo purposes, and for the disposal thereof when no '"'"~^' *°- longer required; and for providing for the establishment and support ol common schools according to law; CEMETERIES. a.ten"^StS-rh PT,^^«^i»^\l^nd for public cemeteries, For establish. an well withm as without the municipality, and forlaviuff out inj? cemeteries, improving and managing the same ; but no land shall be ac' cepted or purchased for such purpose except by a by-law declar- ing in express terms that the land is appropriated for a public nlrZn t^ t^^ municipality, shall become part thereof and shall cease to be a part of the municipality to which it for- merly belonged ; and such by-law shall not be repealed ; 4. For selling or leasing portions of such land for the purpose For selling ot interment, m family vaults or otherwise, and for declaring potions there- m^ the conveyance the terms on which such portion shall be tlZ]^'"^ CRUELTY TO ANIMALS. dpLfj P^«7,^*|?g cruelty to animals ; and for preventing the Preventing destruction of birds, the by-laws for these purposes not being «=">f 1*7 to U- inconsistent with any Statute in that behalf; "*^'- DOGS. ers^of^d'^Jas""^'"'''"^ ^ ^^"^ '''' *^^ '''^®'^' P°®^6«S0^ or harbour- Tax on dogs. 7. For killing dogs running at large contrary to the by-laws ; FENCES. Killing dogs. 8. For settling the hoight and description of lawful fences ; Height and kind of f enc( DIVISION FENCES. .i,N?;>^'''V'"^^'^^^^'^/]?^"P^"^' extent and description of lawful Of division division fences ; and for determining how the coat thereof shall *«^°««- be Licencing public shows. Fines for in- frivction. Proviso ' ^ MUNICIPAL INSTITUTIONS. Jinn?J''!^'n'* ' *'''* ^T directing that any amount so appor- tioned shall be recovered in the same manner as penalties 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 ; WEEDS. Detraction of j^^^^J^^^^ Preventing the growth of weeds detrimental to good EXHIBITIONS, SHOWS, &c. 11. Foi- preventing or regulating and licensing exhibitions of uZr^^^'^T^''^ «^^«^-riding and other such like shows usually e^diibited by showmen, and for requiring the payment of license fees for authorizing the same, not exce'eding onJ hun- dred dollars for every such license, and for imposing^ upon persons infringing such by-laws, and for levying thrsame W distress and sale of the goods and chattels of ^sucli showman or belonging to or used in such exhibition whether owned by such howman or not, or for the imprisonment of such offender for Licensesnotto sSl^'?.? 1 ^Tf^^'l"^' ""'^^^ ' ^^^^'^^^^ always, that i[ be granted for ^hall not be lawful for the council of any municipal corporation license certificates to persons having exhibitions of any work or circus ridmg or other shows of a like character, or places of gambling, or to those engaged in traffic in fruits, goods wares or merchandize of whatever description, for gain on the days cJh" exhibition of the Agricultural Association of Upper Canada or of any county, electoral division, or township agri- cultural society either on the grounds of such society, or wXn the distance of three hundred yards from such grounds ; GRAVES. 12. For preventing the violation of cemeteries, graves tomb^ tombstones or vaults where the dead are interred ; ' INJURIES TO PRIVATE PROPERTY AND NOTICES. GAS AND WATER. Auth.rizins IS. For authonzing any corporate gas or water company to lay Protecting graves. Ornamental trees. Signs. MUNICIPAL INSTmrTIONS. t SO appor- nalties not s Act ; but fences and lipality ; tal to good ibitions of ike shows '. payment ? one hun- fines upon e same by owman or id by such enders for ys, that it irporation, icenses or y work or places of •ds, wares the days of Upper ship agri- or within Is; js, tombs, 77 3 planted of sign- ipany to lay Sr'^eT?/ nnbr""'*' ^"' ^^' conveyance of water or ga^ gas and water imder streets or public squares, subject to such regulations r°^r"i«« to as the council sees fit : and e "**"*'"» lay ^own pipes, &c. STOCK IN, company'' 3f^^.f '''/°- '' i''^^"^ "^"^^^ ^' ^°3^ '^'^ '^'^^^^^^ company, and for guaranteeing the payment of money bor- ''^ g»«a"d rowed by, or of debentures issued for money so borrowed by rnf«'°"" way. 5' in streets, &c.. 31 v., c. 30, s comnfny to'/T'i^^^''^ corporation holding stock in anysuch Headofcorpo- company to the amount of ten thousand dollars shall be ere ^''««'^ *« b«a faoa director of the company in addition to the other direct '^''^^'=*''''- tors thereof, and shall also be entitled to vote on such sto.k at any election of directors. ^^ PROVISIONS APPLICABLE TO TOWNSHIPS AND COUNTIES. The next following section applies to townships and counties: ni. The council of every township and county may nass T?.n, .- by-laws tor paying the members of the council for thd^atS STuSS ance in council, or any member while attending on committee ^^^^ committee of the council, at a rate not exceeding two dollars per Zm and ^^'v^ts. attendance. ^'' ^^^^ssarily traveUed to and from 'such ''■ INVESTMENT OP MONEYS. COlWation'L vW ^*'' ^^ P^™^ ^^ *"^^ ^^^' ^^y municipnl Appropriation coiporation having surplus moneys derived from the Unner "^^^^L mo- Oanada Mumcipalities Fund, or from any other souroo Ku'^'^^'^'^^^^- have power, by by-lav., to set such surplus^aptt for eZl^^^^^^^^^ ^V-^ c. 30. s. purposes, and to invest the same, as well as any other moneys ''' held by such municipal corporation for, or by it lavvfully aporo- ^''^''«*™'^°*- priated to educational purposes, in first mortgages secLeTon rea 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 securi les mature, to invest in other like securuLs or n the 'Z'^?!fl^^l'^^y -^?*i-«d by law, a. may be dirS by such ^h^ r^JV''''^' • ^-"'T" ^"^"'^ ^^'^ ^^ P'^O^^ J provided Proviso : always, that no municipal corporation shall invest in such real '^t* '^^^^^t- icin inents. estate. 78 MUNICIPAL INSTITUTICNS, •« ^ ., l^\^' ^®^""*^«« T^*^i^ *he lin^its of its own municipality, nor 32 v.. c. 43, s. shall any sum so invested, exceed two-thirds of the vdue 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. aK*rmade . ^'^*^- ^^^ whereas several municipalities have heretofore legalized. invested moneys derived from the said fund and set apart for S wlPTT'ii'? ""f^ ^f *''*' '^^'""^'^y' ^^ '^ ^^^^^^ I'l^at such investments shall be legal and valid. morrb?"^ TT*^^^n^^^ ^r^."^ ^^^°^^ *^"«^«^« «f ^^y «% or town in fZ£''^°°^ ^P®-^ C^anada, havmg surplus moneys for educational purposes trustees. may invest the same in the purchase of Provincial SS dated Loan Fund, or iVlunicipal Debentures, or in such securi- ties as are described in the next preceding section, subject to made. tio^ heretofore made for authonzmg any such investment un- der which any such money has been so invested, shall be held to be a good and vahd by-law or resolution. JfThool w . ^J^- Any municipal corporation having surplus moneys de- tees brmuni. ^ved troni the (Jpper Canada Municipalities Fund, shall have cpahtxes. power by by-law to set such surplus apart for educational pur- poses and to invest the same in a loan or loans to any board or boards of school trustees within the limits of the muuicipalitv 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. Boards of .school trus- f^^^;. Anytoard of school trustees may, with the consent teesmavbor- ot the Ireeholders and householders of their school section first row^suct mo- had and obtained at a special meeting, duly called for that pur- pose, by by-law authorize the borrowing from any municipal corporation of any such surplus moneys as aforesaid, for such term and at such rate of interest as may b--, 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 or sums so borrowed shall be applied to that purpose, and to that onlv. Liability of members of corporation cr school trus- tees, in vesting money other- wise than authorized by this Act. Sn. Any member of any municipal corporation or board of school trustees, who shall take part in or in any wav 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 a« is authorised by this Act, or by the eleventh section of the Act respecting clergy reserves, or by anv other law iii tijaL beiiaii made and provided, shall be held perecnally liable jipality, nor value of the last revised nested. heretofore it apart for d that such or town in il purposes, al Consoii- uch securi- subject to >ns therein ;h corpora- tment, un- all be held noneys de- shall have bional pur- y board or micipality, interest as ch loan or le consent sction first ' that pur- municipal I, for such h in sucli or school any sum se, and to • board of •e a party ed in this . member, eleventh iny other erecnally liable MUNICIPAL INSTITUTIONS. yg liable for any loss sustained by such corporation, and shall also be guilty of mjsdemeanor, and be liable to conviction in anv court of competent jurisdiction in Upper Canada, and upon con- viction may be sentenced to fine or imprisonment, or both, in the discretion of such court. ELECTORAL DIVISIONS, 378. The council of any city or town mav from time in t^- -j- -^ time pass by-laws for dividi'ng the wards of suc^ city or town & wKo*^ into two or more convenient electoral divisions, for establishing '"*"'''■ polling places therein, and for appointing returning officer! therefor, and may from time to time repeal or vary the same ; And to^vn- and the council of every township or incorporated village niav «^iP« i"*" ^l^c- by by-law divide the same into two or more electoral divisiori ^'''^^^^^'''>'''- and may from time to time repeal or vary the same. POOR, 31». Every township and incorporated viUage council mav n ^ * also make by-laws for raising mone^ by a rate to be^seS S^rX/o? equally on the whole ratal)le property of the township for the **^« P^o^-r^en ?S W '''' r^ rf f ' ^" '^' *^^^-^'^P' - approbating ^^yl7A from the general mndsof the municipalitya sum for suc^ purpose 31 v., c. 30, s. 28. OBSTRUCTIONS TO STREAMS AND WATER-COURSES. »80 Ever^^ township council may also make by-laws for b. i f preventing the obstruction of etrearn/creeks and watlr-corrses! SXrob- by trees, brushwood, timber or other raatorialE:, and for clearing «*'^«=«°\°f away and removing sucn obstructions at the' expense o?^f ^*^^^"^' *^- r^^^ZM" ^*^^^^^«^' ^^d for levying the amour.t of such ex- pense m the same manner as taxes are levied, and for imposing penalties on parties causing such obstructions. ^ 2. msrever a stream or creek runs throuph two or more w;,«. , townships and the .aid stream or creek may hL ten ciered ^rnT^"' 01 all obstructions m one or mon; of said townships it shall be *^'"°"f^t^«or he auty of the council of the adjoining township ?o pa^s a by! S.^^ " law tor clearing or removing any obstruction in said creek or V^^ ^/^" stream within its limits, and to take such proceedingrS a?e 3 T^ ,0 W irf llV^^^ ^''T''^^ ^^^^^^^"> Provided^lways ttrsuch 2^"' '^ ''' '■ f£i u ' ^^ P*""'^^ '''^ ^"^^^'^^^ '^^ ^^e Pe^'i^ion of any twelve DRAINAGE IN JIUNICirALITIES. 881, In case a majority in number of the resident owners, Drainage. as 80 MUNICIPiX INSTITUTIONS. 32V c4q-i ff »^o^ by the last revised assessment roU, oramaioritv of property to be benefited m any part of any municipality, do lltZ^" '°"T^ ^7 ^^' ^^^P^^^^g «^ ^^3^ 8tream%relk or water-course, or for drammg of the property (describing it), the council may procure an examination to be made bv an engineer, or other competent person, of the stream, creek or waier-course proposed to be deepened, or of the property Plans andesti- P^mad^nf f K. ^^'""f 1.''^'^ T^ P-^'"^"^^ P^^^« ^^^ ^«*i^^^« to be made of the work by such engineer or person. By-law. ^83 If ^jjg ^^yj^^jj ^^ ^^ opinion that the deepening of such 32V.,c.43.s.2. stream creek or water-course,^r the draining of the^loca ty m"' a^by\^^^^^^ ''''''''' ^^^'^ ^^ ^-^-^^^' ^^^ -ne^ -^- wat^£?:HEf dSnl^^ "^^^^ ''-'-' --^ - 1. J; J""" assessing and levying, in the same manner a^ taxes are levied, upon the real property to be benefited by the deepen- ing or draining, a special rate sufficient to include a sinking fund for the repayment of the debentures which such council? are hereby authorized to issue in such cases, respectively to provide funds n. such improvement, and for so assessingLd nn/t^r T"'' ^' ""^^'^ .*^^'' ^'^ ^^^i^^' ^y ^n assessment tnt^t J^^ ^:eal property so benefited, as nearly as may be to the benefit denved by each lot or portion of lotand road in .he locality; Provided always, that any person whose property has been assessed for such deepening or drainage may paV thi amount of such assessment, less the interest, at Iny time before the debentures are issued ; Provided also, that any agreement on the part of any tenant to pay the rates or taxes of the de- mised property, sha 1 not apply to or include the charges or assessments for draining under this Act, unless such agreement mentr ^""^^^^^^ "^ mention or refer to such charges 6r assess- ^eof pay. 3. For regulating the times and manner in which the assess- ment shall be paid ; propStybene- ^- For ascertaining and determining through the engineer or fited, person aforesaid, what real property will be benefited by the deepening or druning, and the proportion in which the f^sess- ment should ue maae on the various portions of lands so bene- fited and suoject in every case to an appeal to the council and the County Court Judge ; 3. To assess, etc., special rates for repayment of debentures issued for im- provements, etc. 32 v., c. 43, s. 2. See also, 31 v., c. 30, B, 30. majority of vners of the cipality, do im, creek or 3cribiniff it), i made by ream, creek lie property d estimates ing of such ihe locality the council n, creek or IS taxes are be deepen- 3 a sinking 3h councils actively to essing and assessment as may be nd road in e property ly pay the ime before agi'eement of the de- chai'ges or a^eement or assess- ;he a-ssess- Qgmeer or d by the he aasess- =i so bene- uncjl and ' 3. MUNICIPAL INSTITUHONSi. m every week, for six weeks, m some newspaper in the m^ini ci()ality, or, if no newspaper be published thLir. n. • newspaper published in the neLes' mAS^^^^^^^ '^'^' term next ensuing the final passing ortheby°U° ° ' was first pnblished hoid a Tjrf ?^a™ ^^'"^ *'"' ^y-^"'^ '"*'■ shall be pJ^blished'^ith «,e b?^:w dlr^!^^} S^"^ "' '"''t "el';l1t'sti:srii^'^^^^^^^^ t ;ter 'b"e^o"nSStriM;! ^^^^ ^^^^^Z'lTy 3. v., . «, deepening or'd^^Mng ™ ™leneed r™''"'^ " "''"'" *^ " the'li^J^fthe'ZrS^ 1™^l:,X\r °"^^™.<^ ^ but. in the opinion of the enrinL or 1^t,hiit^ commenced, "«tmueA aforesaid, benefit lands in an Sjdning lnTei3: ?r PfaT »^ ^- - A petent pe^: 5^.; iSi^Jtszz:^^ may deem jusc, and the amouno m chartred fnr rnl.^7 j unon bv fhe oa.u^„+ L.,, V ^nargea tor roads, or «tfreed orsuch^municipiliity:^'' '""" °' ^^'" ^"^* "^ *^^ g^^^^al <^nds S. Engineer to determine at whose ex- pense. 32 v., c. 43, 8.8. cipality bene iited. 32 V 8.9. c. 43, 82 MUNICIPAL INSTITUTIONS. 8. The engineer or other competent person aforesaid shall determine and report to the council by which he was employed whether the deepening or drainage shall he constructed and mamtamed solely at the expense of such municipality, or whether it shall be constructed and maintained at the expense of both municipalities, and in what proportion ; And^make 9. The engineer or other competent person aforesaid, when ^tf^..: necessary, shall make plans and specifications of the deepenincr 32 v., c. 43, or drainage to be constructed, and charge the lands to be bene'^ 8- »• fated by the work as provided herein ; 8^er?eport on ^P" T^^ ^^J^^'^i^ ^f the municipality in which the deepening head of muni- or drainage is to be commenced, shall serve the head of the *" '' council of the municipality into which the same is to be con- tinued, or whose lands or roads are to be benefited without the deepening or drainage being continued, with a copy of the report, plans and specifications of the engineer or other com- petBtit person aforesaid, when necessary, so far as they affect such last mentioned municipalities, and, unless the same is appeal, d from as hereinafter provided, it shall be binding on the council v f such municipality ; byTf^tC .}l: T>« ^«^^«i} of s"ch last mentioned municipalities shall four months to Within lour months from the delivery to the head of the cor- nSZen- PO^-ation of the engineer's or other competent person's report, gineer'sreport. ^s provided m the next preceding section, pass a by-law in the same manner as if a majority of the resident or other owners of the lands to be taxed had petitioned, as provided in the two hundred and eighty-first section of the said Act, to raise such sum as may be named in the engineer's report, or in case of an appeal, for such sum as may be determined by the arbitrators ; 12. The council of the municipality into which the deepen- ing or drainage is to be continued, or whose lands, road or roads are to be benefited, wit^ out the deepenincr or dra^na^e bemg carried within its limits, may, within thirty days from the day m which the report was served on the head of the mumcipality, appeal therefrom, in which case they shall serve the head of the corporation from which they received the re- port with a written notice of appeal ; and such notice shall state the grounds of appeal, the name of an engineer or other person as tlieir arbitrator, and call upon such corporation to appoint an arbitrator in the matter on their behalf, within ten days after the service of such notice ; and, in default thereof, it shalA be lawful for the council of the municipality appealing therefrom, to appoint such second arbitrator; and the two arbi- trators 30 appointed shall fortliwith appoint a third arbitrator 32 v., ( . 43, s. 11. Council'of benefited mimicipality may.appeal. 32 v., c. 43, 8.12. m resaid, shall 9 employed, ructed and cipality, or he expense Bsaid, when deepening to be bene- > deepening ead of the 1 to be con- id without opy of the other com- they affect le same is binding on Jities shall f the cor- )n's report, ■law in the ' owners of in the two raise such case of an rbitrators ; be deepen- Is, road or V drainage days from ad of the shall serve '^ed the re- :>tice shall ir or other •oration to rithin ten thereof, it appealing ) two arbi- arbitrator as on MUNICIPAL INSTITUTIONS. iu the matter; Provided always, that in no case shall +V,n -d • engineer or other competent person aforeLid^mployed to ""' make surveys plans and specifications, or a member^ofoW of any council concerned, be appointed or act as arbttrator; thev fan or^nLwf%^'*!f "'' have been appointed aa aforesaid, Judge to ap they tan or neglect for the space of six days, to appoint a third p°>"^ ^^^^ wH^tt'mtiSt;' '""^P^^-'y. Court of tr^t^tylnd'egSf- wnicn tne municipality appealing is situated, shall within four days after a request in writing m'kde upon him CeiUer of the ^ ^•. «• «• arbitmter ''''°""'' "^ ''''°™ P'"''*''^' a^tat a third - "' th:th^?;f'rpi.^ei:d=£^^^^^^^^^ Jni of^r thW »bSor"m':e"t 1? Y "^ *''t.^PP°"*- ^'«'^*'«'' «» on,^^^ 11 „°^''^^'^or> meet at such place as the v mav °i«efciu ten Ste'':°rmaSl*'''" ''^'^ !""' determ^ine the maLTS ''"^■■ aispute and make their award in triplicate, which shall h^ th^tKfl erofTh '"' °™- "T? "'?^°f 3haT£Ved wi?h' f ll' '■ *'■ tne clert ot each of the municipaUties interested, and one shall sioifoftrt;:^o?tSTsrrnci^i:.-^^^ T7 An 1. 1 32 v., c. 43, tbn determined by the en^ineeTo'rStS^^^^ tot und'erC '^? determined by the engineer orTbiTr^ ^'°'"- tors under the same formalities, as near as may be, as provided 32 v 04, ^xpent' of ^noh'n' T' ^T.f ^'^^^ >*^^^^*^^' '' ^^ ^^^ joint SHL report n?f^''' """"^ *^' municipality, as to the council ' seC W ;^ 1 ^ ?^'°''.' ^" other competent person, may seem just ; and any such municipality, neglecting or refusing so to do, upon reasonable notice i^^vrfiLJy..;r.JJJZ 11^?^^. party interested therein, shaU be comp?Ued,"l^ manlamusTo be 84 MUNICIPAL INSTITUTIONS. Proviaions as to drains used by others. be issued from any court of competent jurisdiction, to make from time to time, the necessary repairs to preserve and main- tain the same, and shall be liable to pecuniary damage to any person who or whose property shall be injuriously affected by reason of such neglect or refusal. 2. Should a drain already constructed, or hereafter constructed, be used as an outlet, or otherwise by another municipality, com- pany or individual, such municipality, company or individual using the same as an outlet or otherwise, may be assessed for the construction and maintenance thereof in such proportion and amount as shall be ascertained by the engineer or arbitrators under the formalities provided in the preceding sections. INSPECTORS OF WEIGHTS AND MEASURES. 383. The council of every county, city and town may pass weiS?a"d* ^- J°^ appointing inspectors to regulate weights and measures, measures : accordmg to the lawful standard ; their powers. 2. For visiting all places wherein weights and measures steel-yards or weighing machi»es of any description are used \ 3. For seizing and destroying such as are not according to the standard ; ° 4 For imposing and collecting penalties upon persons who are found m possession of unstamped or unjust weights, mea- sures, steel-yards, or other weighing machines. PUBLIC MORALS. By-laws for otner pur- poses. 384. The council of every county, city and town may also pass by-laws : '' S3dr^ ,\\ ^^^ preventing the sale or gift of intoxicating drink to a &c. chiM, apprentice or servant, without the consent of a parent master or legal protector ; ' Srt°'&/*" ^•. !'^'' 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 j Dnmkexmess, 3. For preventing vice, drunkenness, profane swearing, 33 v., c. 26, p^^ei^e;. blasphemous or grossly insulting language, and other g. 4. iiiiiuOiaiii/y auu iiiuecency. 4. 5wn may pass MUNICIPAL INSTITUTIONS. oc 09. 4. For suppressing disorderly houses and houses of iU-fame ; Lewdnes.. 5. For preventing horse racing ; j^^ 6 For preventing or regulating and licensing exhibitions v.hiw^ I 7. For suppressing gambling houses, and for seizinff and ilpq- ^ • tro^mg faro-banlcs, rouge et noir, roulette taUesind other '"'°'- devices for gambUng found therein ; pels' foundiS'""' E^^Wpg .v»g^ants, mendicants andv.«r„u other^rdeSSSo^r '"'"^ ''"""" °' "'^ P^^^°» "-"• l^^-^ pein^r^rputjsvatx':":^^^^^^^^^^^ ^^PJi^I?^^ APPLICABLE TO COUNTIES CITIES AND TOWNS SEPAEATED FROM COUNTI ™ 385 The following sections numbered from two hundred T'.f^r.f «* s^ttJ?rtKL''^°rmti^i;s^^^^^^^^^^^ 1. Counties ; 2. Cities; 3. Towns separated from counties. ENGINEERS— INSPECTORS. 1. For appointing, in addition to other officers one or more An. • .• dSnr^ "''' °"' '' "°^^ ^^«P^«*^- °f the'House of T! -C-^d austry, also one or more surgeons of the Gaol and other institu ^'^^P^^*"'^- AUCTIONEERS. 2. For licensing, regulating and governing auctioneers and Auctioneers. other 86 MUNICIPAL INSTITUTIONS. Hawkers and peddlers. Licenses for. 32 v., c. 43, B. 19. No duty on manufactures of this Pro- vince, &c. HAWKERS AND PEDDLERS. 3. For licensing, re/;'ulating and governing hawkers or petty chapmen; and other persons carrying on petty trades, who have not become permanent residents in the county or city, or who go from place to place or to other men's houses, on foot, or with any animal bearing or drawing any goods, wares or merchandise for sale, or m or with any boat, veasel, or other craft or otherwise, caiTymg goods, wares or merchandise for sale, and for fixing 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 cleri s with licenses in this and the previous section mentioned, for «.iie to parties applying foi the same in the township under such regulations as may be pre- scribed in such by-law ; but no duty shall be imposed for hawk- ing or peddling any goods, wares or merchandise, the growth, produce or manufacture of this Province, not being liquors, withm the meaning of the law relating to taverns or tavern licenses ; FERRIES. 4. For regulating ferries between any two places in the municipality, and establishing the rates of ferriage to be taken thereon ; but no such by-law as to ferries, shall have eflect until assented to by the Governor in Council.. 88T. Until the council of the county or city pass a by-law regulating such ferries, and in the ca.ses 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, in accordance with the Statutes in force relating to ferries. be^mtdeTy^ „ ^^f- '^^^ ^ouncil of every county, city and town separated cities and Jrom the county for municipal purposes, may pass by-laws for counties tor,— the following purposes : » l j Fenies with assent of Go- Temor in Council. Where there is no by-law. Purchase of lands for Orammar Schools. 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 erecting county Grammar School-houses thereon, and for other Grammar School purposes, and for prescrvir^T, improving and repairing such school-houses. wares, mer- l the sum to be in force ; erH or petty H, who have y, or who go or with any jhandise for r otherwise, •r fixing the lling within be in force ; in this and -pplying foi nay be pre- 1 for hawk- he growth, ng Jiquors, or tavern ices in the io be taken eflect until 3 a by-law )t between )y order in spectively, lance with separated y-laws for ny city or bhe people ng county lar School 'ing such ol-houses, MUNICIPAL INSTITUTIONS. chool houses, and for disposing of such property when no lonffer 87 requi AIDING GRAMMAH SCHOOLS. ■2. For making provisions in aid of such Grammar Schools may bft deemed expedient ; as / itling such h aool. PUPILS COMPETi F(i UNIVERSITY PRIZES. 8. tor making a permanent provision for defraying the ex Grammar pcnso ot the attendance at the University of Toronto, and at the School pupiU Upper Canada ^' >llege and Royal Grammar School there, of SfStv'"' such of the pup. . of the Public Grammar Schools of the couktypS im arc unable to incur the expense, but are desirous of, and in th( opinion of the respective masters of such Grammar Schools possess competent attainments for competing for any scholar-' or cill '^^"^"^ ^'' other similar prize, ofiered by such university 4. For making similar provision for the attendance at any Attendance at county Grammar School, for like purposes of pupils of Common GrS" ** OCnOOis of the county ; Schools. ENDOWING FELLOWSHIPS. tint ^Zrf^^""^ T^ fellowships, scholarships or exhibi- Endowing tions, and other similar prizes, in the University of Toronto feUowshiis. and in the Upper Canada College and Royal Grammar School there, for competition amoAg the pupils of the Public Grammar schools ot the county, a^ the council deems expedient for the encouragement of learning amongst the youth thereof PROVISIONS APPLICABLE TO COUNTIES ONLY. 38». The following sections, numbered from two hundred Extent of cer- and ninety to two hundred and ninety-four, apply to counties **"* sections only. to— SEPARATE IMPROVEMENTS BY UNITED COUNTIES. 290. The councils of united counties may make appropria- Enabling one tions and raise funds, to enable either county separately to ^^ ™°'*«a coun- carry on such improvements as may be required by the inhabi- monerfor'V tantS thereof provements. r.n?^}' 7if^^^'"' any such measure is brought under the Reeves of the nowce ot the council of any united counties, nnnfi V>nt fl^o county inter- reeves and deputy reeves of "the county to be affected by the vS".^^*° measure IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I •^ 1^ 12.2 - u^ III 2.0 1.8 1.25 1.4 1.6 ' — ^ 6" — ^ V] <^ w c>^ Photographic Sciences Corporation m^ \ ^ "% v <> "^- O' 6^ €^ ^;.*.>!^ 33 WEST MAIN STREET WEBSTER, NY. 14590 (716) 872-4503 ^ #' i;$ Exception. payment to apply, MUNICIPAL INSTITUTIONS. measure shall vote ; except in ca«e of an equality of votes, when the warden whether a reeve or deputy reeve of^any pSr of cLting v/te ^^"""^^ ^^' '^' "^'^^^^ '' '^°*' sha7havrthe S ISorl . ^^\ I^.^" Other respects, all the provisions of this Act giv- ng such privileges and making provision for the paymenf of he amounts appropriated, whether to be borrowed upL a loan or to be raised by direct taxation, shall be adhered to Sy"^r,£n- ,,^**- Tiie treasurer of the united counties shaU t.av over eya without aU SUMS SO raised and paid into his hands bv the several col deduction. lectors, .dthout any deduction or percentage thepropert/of , ^^f. ^^^6 property to be assessed for the purposes contem- pt S'^'^thpt nJL^/'''''^'^^^ ^^^^^°^« of *^i«^ot, shall be alone to be *^® '^^f^^^ as the property a^jsessed for any other county purpose assessed. except that any sum to be raised for the purposes of o^e county only, or for the payment of any debt contracted for the purposes of one county only shaU be assessed and levied solely upon pro- perty assessed in that county, and not upon property in any other county united with it, and any debenture that may be issued for such purposes may be issued as the debenture of the said one county only and shall be as valid and binding upon Zi "iT" ^ ^ If that county were a separate municipaUty, but such debenture ShaU be under the seal of the united counties, and be signed by the warden thereof . PEOVISIONS APPLICABLE TO CITIES TOWNS AND INCORPOEATED VILLAGES tionm?'"" eipllitU^' ^''"^™^ '''^^"'^ ^PP"'' *^ ^^^ f«"^™g «^"«i- 1. Cities. 2. Towns, and 3. Incorporated villages. ^utl^' ^^^ '"'''''''''}- f ^""^"^ ""'^y' town and incorporated vdlage may respectively pass by-laws for the foUowing pur- HARBOURS, DOCKS, iSjC, UnlsTof'"'" I- ^or regulating or preventing the encumbering, iniurincr dir"&c nnS- ^^A ^ ""S'T^"' 7.'^^"^^^' ^^''^^' or other means, of an? ?i^er ort'a^'r; "^' ''P' ''""' ""^^' ^'°^^' ^^^' ^-^-^ 2. By-laws may be made — f votes, when ly portion of all have the ;hi8 Act giv- payment of upon a loan to. ill pay over several col- )ses contem- Lct, shall be nty purpose, f one county :he purposes ly upon pro- srty in any hat may be iture of the nding upon 3ipality, but ed counties, INS AND nng muni- eorporated wing pur- ?, injuring ris, of any , harbour, MUNICIPAL INSTITUTIONS. 2 For directing the removal of door steps, porches, railings Forremovalof or other erections, or obstructions projecting into or over any J^or steps, &o. wharf, dock, slip, drain, sewer, bay, harbour, river or water or the banks or shores thereof, at the expense of the proprietor oi- occupant of the property connected with which such proiections are found ; '' 3. For making, opening, preserving, altering, improving and Wharves, mamtaimng public wharves, docks, sUps, shores, bays, harbours '^*''^' **'• rivers or waters and the banks thereof ; 4. For regulating harbours; for preventing the filling up or For regulate encumbering thereof; for erecting and maintaining the - cces- tarb^&c^ sary beacons, and for erecting and renting wharves, piers, and docks therein, and also floating elevators, derricks, 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 ; 43. Subsections one, two, three and four of section two Harbo«r« *n hundred and ninety-six, are applicable to counties, as well as to 3x v ? c^o, ;! cities, towns and incorporated villages. '*^- WATER. 5. For establishing, protecting and regulating public wells. For supplying reservoirs and other conveniences for the supply of water and ^^ter, &c. for making reasonable charges for the use thereof, and for pre- venting the wasting and fouling of public water ; MARKETS. Markets. 6. For establishing markets ; V I' F^'V^^^^^'^^.^^ markets established and to be estab- For reguiatw hshed ; the places, however, already established as markets in marker "^ tTfn iST^'P^-'-f' '^^li. '^''i^''"^ *^ ^^ "^^^^«*«' a^d shall re- Old markets tain all the privileges thereof until otherwise directed by com- continued, petent authority ; and all market reservations or appropriations heretofore made m any such municipaUty, shall continue to be vested in the corporation thereof ; lio\i^ZF''^''^''^^^''^ f^g^^*^°g ^^^ ^^^^ V retail in the pub- Reg,,latiBg he streets, or vacant lots adjacent thereto, of any meat, vege- vending in^ offeredlS'si/r^' ' ^'"'''^^^''''^^11 ware and other articles '^TA s. 6. 9. ,1 J P ' ^^ MUNICIPAL INSTITUTIONS. J^ent.?'" «Ai^'''" P'^T^^^ingor regulating the buying and selling of articles or animals exposed for sale or marketed ; ^ Sale of butch- in tj'-.. i i* i , er-s meat, farm !"•. ^^^ regulating the place and manner of selling and IZTio"'''' Zf>""!>?T' T^*' ^^g^i^bles, fish, hay, straw, fodder. woTd, f '''"'• ^' «• ^d an oth"^ Im'"' produce of every description, small ware 6. aj^d all other articles exposed for sale, and the fees to he paid therefor; and also for preventing criers and vendors of small ware from practising their calling in the market, public streets and vacant lots adjacent thereto. forSunf. ^}- f'^'' preventing the forestalling, regrating or monopoly of 31 v.. c. 30, s. market grains, meats, fish, fruits, roote, vegetables, poultry Ld •^2. dairy products, eggs and all articles required for family use and such as are usually sold in the market. hufiers?&c. ,, .^2- For preventing and regulating the purchase of such I v., c. 30. s. things by hucksters, butchers or runners living within the mu- •32. mcipahty, or withm one mile from the outer limits thereof f we1S?&c. ,,3^- Fo^ regulating the mode of measuring or weighing fas otheXv '^ ' "^'''^^''' ^"'^'' '''^''''^' '''^^^^ .hit ■^°'' ^°^P°«i«g.Penalties for light weight or short count, or short measurement m anything marketed ; ?ehfflufed . l^.^or regulating all vehicles, vessels, and all other things in market ^ whicli anything IS exposed for sale or marketed, and for im- '"• Sit :i7tt^' '''''-''' ^^' -^^^«^«^^^^ -^e^n nJnf^ri'f'^^^^*'''^ ^^^. assize of bread, and preventing the use of deleterious materia s m making bread; a,nd for providing by-law •''''"'"" forfeiture of bread made contrary to the Tamtedprovi- 17. For seizing and destroying all tainted and unwholesome meat, poultry, fish, or other articles of food ; Penalties for light weight. Assize of bread, &c. Rent of mar- ket stall. f J?" /r '^^l'''?' ^^^f ''"^ ^°"^'' ^°*^««' butchers' meat dis- trained for rent of market-stalls ; Bathing. Abatement of nuisances. NUISANCES. 19. For preventing or regulating the bathing or washing the person in any public water in or near the municipality , 20. For preventing and abating public nuisances ; 21. MUNICIPAL INSTITUTIONS. id selling of selling and >dder, wood, small ware, 3 to be paid 3rs of small iblic streets nonopoly of poultry and family use, se of such tin the mu- thereof; eighing (as I, coal and "t count, or her things nd for im- le mode in enting the providing iry to the t'^holesome meat dis- Lshing the Y, 21. W vaults ^^""^ preventing or regulating the construction of privy Privy vaults. 22. For causing vacant lots to be properly enclosed ; vacant lota. 23. For preventing or regulating the erection or continuance Slaughter ot slaughter houses, gas works, tanneiies, distilleries or other ^«"«««' *«• manutactories or trades which may prove to be nuisances ; 24 For preventing the ringing of bells, blowing of horns, Tumultuous shoutmg and other unusual noises, in streets and public places; '''''^^'• 25. For preventing or regula,ting the firing of guns or other Firing guns, fire-arms; , A the finng or setting off" of fire balls, squibs *«• crackers or nre-works, and for preventing charivaries and other like disturbances of the peace ; 20. For preventing immoderate riding or driving in hifrhwavs i? • ., • or streets; for preventing the leading, riding o? dSvwTffnr"'"" Sefor''-'' ^ ^^""^ ^^^^ ^""^^^ °'" ''*^^'' P^^*"^^ ^""^ P^°P^^ 27. For preventing persons in streets or public places from Importuning importumng others to travel m or employ any vessel or vehicle traveUers. or go to any tavern or boarding house, or for regulating persons so employed ; o & f ^^ PUBLIC HEALTH. 28. For providing for the health of the municipality, and Public health against the spreadmg of contagious or infectious diseases ; INTERMENTS. 29 For regulating the interment of the dead and for nrp- t . venting the same taking place within the muSpahtyV run^v,'"'' ^^?«*;"g.*he keeping and returning of bills of Biiisof morta- Silt- ' in^Posmg penalties on persons guilty of"*^- LICENSE?. .3' ^l^ ^^^l^*'i?g a^d licensing the owners of livery stables. Licensing and ot horses, cabs, carnages, omnibuses and other vehicles ^^\^% used for hire ; for establishing the rates of fare to be taken by fo^'s V" "• the owners or drivers, and for enforcing payment thereof- Power t^ken ' from city /CY J- j^^ I councils, (oee section wOa.) and vested in Board of Commissioners 45. 01 Police. r MUNICIPAL INSTITUTIONS. m ,'i 31 T c 30 « ciDftl +«vnHn« r ti "«iug Ke,). up ana repaired by muni- 46 " "■ ^' '• 3p *?rJ^'°''' *^^ ?P^^ ^^ch no toll is collected, shkll have power to paas a by-law or by-laws authorizing the lemilatW and hcensmg of the owners of livery stables, and of hotef forhinX''""''^''^"''''"^"^ "^^ °^^«^ ^^hi«i«« used or kept reLSn^^^ regulating teamsters' licenses, for [nftt rite ' rf li^T ^'"^u"" ^"^^^ vehicles, for establish- ing the rates of fare that may be collected or taken by the reTu Si" tre^f f" 'fZt^ ''^ P^^"^^'^* '' such licfnses regulating rates of fare for the conveyance of goods or nassen S vehi^J 't"'T '^Iv"^^^^^ °^^^- that^may be uCd on T^2t^LtrTJ:r''''''''' ''^ aforesaid coW gravel GUNPOWDEE. r^^A ^°'' r^g'jlating the keeping and transporting of gun- powder and other combustible or dangerous matfriaL ^ for regulating, and providing for the support by fees of r^ag^ines for storing gunpowder belonging to^rivate parties ;fo?Tm pellmg persons to store therein^ for acquiring land as wSl within as without the municipality, for the purLse of erecW powder magazmes, and for seUing and conveying such la^f when no longer required therefor f Gunpowder, care of. FIRES. Fire compa- nies, &c. Medals and re- wards to, &c. 33. For appointing fire wi^rdens, fire engineers and firemen hoi ^Ti^^'^"^' establishing and regulating fire-companies! hook-and-ladder companies, and property-saving companies ; 34. For providing medals or rewards for persons who dis- tinguish themselves at fires; and fo- granting pecuniary aid or otherwise assisting the widows u 1 orphans of persons who are killed by accident at such fires ; ^ «uut> wno r^einstables. 35. For preventing or regulating the use of fire or lights in stables, cabinet makers shops, carpenters' shops, and combustible places y SaSl"' » f • .F'^r pi eventing or regulating the carrying on of manu- toriesj lactones or trades dangerous in causing or promoting fire ; ne^r&c.^" , ^^; ^;f 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 causing or promoting fire ; ^^ & auoiug 38. , gravel or sr its imme- d by muni- , shaJl have ! legulating of horses, 3ed or kept licenses,, for r establish- fen by the ch licenses, or passen- be used on nty gravel g of gun- erials ; for magazines ; for com- d, as well )f erecting such land MUNICIPAL INSTITUTIONS. M 1 firemen, ompanies, panics ; who dis- liary aid, 'sons who lights in nbustible )f manu- fire ; ting the m, boiler 1 causing 38. the same; ' enforcing the proper cleaning of ^"^ <'i^>'-ney8, J9._For regulating the mode of removnJ and safe keeping of Ash.. 40. For regulating and enforcing the erection of party walls; P«^y .alls. 41. For compelling the owners and occupants of houses tor .. have scuttles in the ronfq fhomnf o»,^ „* • ^ """"^^^ nouses to Ladders to to the same • thereof, and stairs or ladders leading houses. 42. For causing buildings and yards to be put in other res- t. u- . forrogulatmg the examination of them, and thrurrfthem at 4* For authorizing appointed officers to enter at all reason t ^- , ^^eH "Sen ^'""Z'^ ™tl*" '''' regulatilTthe J-S!- »' T^^Ji' ^ * ^ ascertain whether such reguJations are obeyed, or to enforce or carrj x, effect the samel 45. For making regulations for suppressing fires and fi.r = wK°r""t"°"»'^/,?'*-i-»' h°°- or^oS;S«ot &~' wnen necessary to prevent the spreading of fire ; M'tt' "^T T5?"^«'*ing the conduct, and enforcing the assistanr^^ v f • FoJ^rtyt'^T """"*'' '^^■""' '" theUo^I^nTf^S.. SNOW, ICE AND DIRT. fromtfrroTom^rf '''"''' *' "'T^^ ^^' ^°«^' ^«« ^^^ dirt RexnovaUf from ih.lft il P^""/'^' ^"^"^ ^^ °^^"Pi«^ by tliem. and «--, &c. ana lor removing the same at the expense of the owner or 34. occupant in case of his default ; P « "^ ^^e owner or NUMBERING HOUSES AND LOTS. the*L^ciSv'l°f f ' ^r^' ^\^ ^'^ ^^^"^ ^^' «*^««t« Of Numbering wie municipality, and for affixing the numbers to the houses ^°'^' ^^ buildings or other erections aloni the streets, and for charing W MUNICIPAL INSTITUTIONS. the owner or occupant of each house or lot with the expense incident to the numbering of the same; •tr^ts, num. , *^- .^^^ keeping (and every such council is hereby required ben. bounda- to make and keep) a record of the streets, and numbers of the 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 distances tor public inspection; DRAINAGE. Aflcertaining leveli. Block plana of buildings. 50. For ascertaining and compelling owners, tenants and occupants to furnish the councils with the levels of the cellars heretofore dug or constructed, or which may hereafter be due or constructed along the streets of the municipaUty, such levels to be with reference to a line fixed by the by-laws ; 51. For compelling to be deposited with an officer, to be named m 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 ; CeUan., sinks, 62 For regulating the construction of cellars, sinks, water- closets, privies and privy-vaults, and the manner of draining the same ; ° SK.''"^" , ^^: For compelling or regulating the filUng up, draining, drains, &c. Clearing, altering, relaying and repairing of any grounds yar(£ vacant lots, cellars, private drains, sinks, cesspools and privies • and for assessing the owners or occupiers of such grounds or yards, or of the real estate on which the ceUars, private drains sinks cesspools and privies are situate, with the cost the-eof if done by the council on their default ; SSe? ^""^ ^!; ^^'^ ""^^^"S ^°y ^'^^^^^ regulations for sewerage or drain- age that may be deemed necessary for sanitary purposes ; ?oiS«.''''* l^i For charging all persons who own or occupy property which is drained into a common sewer, or which by any by- law of the council is required to be drained into such sewer with a reasonable rent for the use of the same ; and for regulating the time or times and manner in which the same is to be paid ; 56. For licensing, regulating and governing transient traders and other persons who occupy places of business in the city or town, or incorporated viUage, for periods less than one year and whose names have not been duly entered on the assessment roll for the then current year. PROVISIONS Regulating transient tra- ders. 33V.,c.26,8.7. t» MUNICIPAL INSTITUTIONS. PROVISIONS APPLICABLE TO CITIES AND TOWNS. aiS'eS ttoTuXT^^T'- ^r^^'^^ ^^^ ^""dr«d and Certain exfnt m^/tote'fZ^:^^^^^ -^ t^- hundred, - -ion. 1. Cities. 2. Towns. CORONERS. 298. One or more coroners shall be appointed for everv in a ■ . . corporated city or town. every in- Appomtment INTELLIGENCE OFFICES. paaf by-llws """"' '' ^"^^ ^^'^ ^^^ *«-^ -^>^ -P-tively B.iaw. for- 1. For licensing suitable persons to keep Intelligence Offices r • • t for registering the names and residences of, and givingTn W tX^^f '" tion to, or procuring servant, for, employers in waf of do- "*'='" mesticsor labourers, and for registe5n| the names and resi- dences of and giving information to. or procuring er^pWment for, domestics, servants and other labourers desling emSov- su^h offices r ' '"' '" '' '''""*' '^ *^^ ''^^'^^^ 2. For the regulation of such InteUigence Offices • ,, , .. o A^v.v.o , Regulation of. hcfnse^"' ^^'^^^ *''' ^"'^^^"^ ^^ ^^ ^^^^^i"g ^^y such Duration o ' license. genVoffirwSfh*^ "P^-^'-Sf ^T-S -^y «uch Intelli- P-hibiti.. «f gence umce withm the municipality without license ■ irithout 11- ■' cense. ingU^SoSo^one'et^ '""' '" ™'='' ""^°^'' -•" <^--J- --'»■ WOODEN BUILDINGS. 6. For regulating the erection of buildings, and preventinff w a k -m *r;K;:t;:r"=^ ^"^ «oden^;noo.Lsp:^"e!£"^»"^- POLICE. buLwLtt^fwT' '""^^^S and maintaining a police; A poUce. out subject to the other provisions of this Act on that head ; INDUSTRIAL m MUNTOIPAL INSTITUTIONS. ■if Industrial farm. Buildings thereon. INDUSTRIAL FARM— EXHIBITIOK. 8 For acquiring any estate in landed property within or without the city or town for an industrial fami, or for a public park, garden or walk, or for a place for exhibitions, and for the disposal thereof when no longer recjuired for the purpose ; and lor accepting and taking charge of landed property, within or without the city oi town, dedicated for a public park, garden or walk for the use of the inhabitants of the city or town ; 9. For the erection thereon of buildings and fences for the purposes of the farm, park, garden, walk or place for exhibitions as the council deems necessary ; ' l^n^aging the iQ. For the management of the farm, p.rk, garden, walk, or place for exhibitions and buildings ; Almshouses, and poor. CHARITY. 11. For establishing and regulating within the city or town, or on the industrial farm or ground held 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. "^ 300. The council of laws : a city or town may also pass by- Appointment of corporation surveyor. 1. For appointing any person to be the corporation surveyor; and the board of examiners of provincial land surveyors for Upper Canada shall examine such person, and, if he is found competent, shall grant to him, without the usual service, his certificate a^ 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 pro- vincial surveyor ; GAS AND WATER. Lighting with 2. For lighting the municipality, and for this purpose per- forming any work, and placing any fixtures that are necessary on pnvate property; Laying down gas and water pipes. 3. For laying down gas or water pipes in any street and opening streets for the purpose ; and for taking up or repairing such pipes, and for using every power and privilege given to any gaa or water company incorporated in the municipality as If the same were speciaUy given by this Act, subject, how- ever, y within or for a public , and for the irpose ; and f, within or )ark, garden ' town ; ices for the exhibitions, rden, walk, ty or town, sxhibitions, •elief of the be resident in the city pass by- i surveyor ; veyors for le is found ervice, his cts as such f surveyor eputy pro- rpose per- necessarv street and • repairing \ given to nicipality ject, how- ever, Efltimate to b« published, and notice of noil to be held on the by-Uw. Preceedings prior to taking public vote. Poll to be held, and majority must be in favour. MUNICIPAL INSTITUTIONS. a»' over, to the provisions herein contained m to the erection of ga.s or water works and levying rates therefor ; 4. For constructing gn.s and water works, and for lowing an Ga, and water turo therefor and to form an equal yearly sinking fund L the payment of the principal within sucfi time a^ shall not exceed th.rty years, nor be less than five years ; .5 But no by-law under the last subsection 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-lX has been published for two months, and a co/,y oVthe prVoIed by law at eng h as the sa.no may be ultimately passed, and a noticT of the day appointed for finally considering the same in council havo been publishe.1 for three months, in some newspaperTthe municipality; or if no newspaper is published therein, then in soiPMiewspaperinthecountyinwhichthemunicipalityissituate; Nor, secondly, until at a poll, held in the same manner and at the same places, and continued for the same time p« at elec- tions for councillors, a majority of the electors, votin-^ at the poll, vote m favour of the by-law. ° Nor thirdly, unless the by-law is thereafter nassed at th^ r i . u special meeting mentioned in the published notice ■ ^^oni^t a special meet- 6 If the proposed by-law is rejected at such poll no other t^.'^^t , water rate until such council has by by-law fixed a nrinp in ,°°'°P»°3:?o', offer for the works or stock of the "^om^ny ; Sr untiKrty ^7- ™'''' days have elapsed after notice of such price hi. been comment cated to the company without the company's having accepted he same, or having, under the provisions of this Act as to arb^ trators, named and given notice of an arbitrator to determine the price, nor until the price accepted or awarded has been paid or ha^ been secured to the satisfaction of the company ; ' nrovidinltv^jf • ^ "" "'.^^ ""' ^"""^^ "^^y ^^'^P^« by.lawS,-For Inspection of providing for the inspection of gas-metres; gas-aietres. for^enlerin^^'inll'"/ t' *I^%Wointment of three commissioners Commission- lor entenng into contracts for the construction of gas and water «" forerection works, — ft& MUNICIPAL INSTITUTIONS. rl 1 of^.M rwater ^^^[^H.-for Bupenntending the constructiori of tlio saine.-for manajgin^ t}.o works when complcted.-and for providing for the election of the said comnussloners by the eleetors fronUi mi to time and a auch Denod.s. and for such terms as the councH may appomt by the by-law authorizing the election. PKOVISIONS APPLICABLE TO CITIES ONLY. City and town councils may make by-lawa forcertainpur- jWBea, 31 v., c. 35. |)OBe8 30,8. Ascertaining the propertvto be benefited, by a local im- provement. 1. For providing the means of ascertaining and determininL' what real property will be immediately benefited by a^ Z posed improvement the expense of which is proposed to be Zfefv b^n fiT wf ''? '"''t^."P^^^ pWW imme- diately b^efited thereby; and of ascertaining and determiniiiir the proportions in which the assessment is tt be made o th^ various portior., of the real estate so benefited ; subject in every case to an appeal to the recorder in the same mar; er and on the same terms as nearly as may be, as an appeal from tlie (>ourt of revision m the case of an ordinary assessment ; XTrl7for\ 2- F(r assessing and levying upon the real property to be meirdT- 7"^^^^^*^^y b^^efited by the making, enlarging or pro^longin.' Smi. «^ ^ny common sewer, or the opening, wfdeSing, proloiS or alt^enng, macadamizing, m-ading, levelling, paviSg or plank" ing of any street, lane or alley, public wa/or^ place, or of Tny 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 of such real property, a special rate, sufficient to include a sink- ing tund for the repayment of debentures which such councils are hereby authorized to issue in such cases respectively, on the secunty of such rates respectively, to provide funds for such improvements, and for so assessing and levying the same ; Annual rate. (1.) By an annual rate in the dollar on the real property so mente '''''^''''^'^^ ^^ *^^ ""^^"^ ^^^reof, exclusive of improve- 3. For regulating the time or times and manner in which the assessments to be levied under this section are to be paid and for arranging the terms on which parties assessed for local improvements inay commute for the payment of their propor- tionate shares of the cost thereof in principal sums; Sa%r. fi,f:,o^^'" ""^^f^ ^^ '^^^ improvement as aforesaid with ties. ' tunds provided by parties desirous of having the same effected 309. Begulating time of pay- ment, &.C. i tiatim, — for roviding for P8 from tiino tho council MUNICIPAL IN8TITIJTION8. 9t ass by-laws letermining y any pro- losed to bo 3rty imme- letennining ^de on tho jct in every and on tlie 10 court of 3rty to bo prolonging prolonging or plank- , or of any Is in nuin- be owners de a sink- sh councils ely, on tho Is for such ime; roperty so improve- ' in which o be paid, i for local ir propor- laid with 3 effected. 309. f «d? hv^h -^ improvement m aforesaid shall bo under- Und-r wh.t taken by tho council of any city, except under a by-law paased o-d?L"^" in pursup ., of the fourth subsection of the precedinJsEn '"^ '"''"?• i; llf'in vah?'" r ''r ^"'^''"^ '' '^^'-''''^^^ in'nur&nd one ^^^^ half m value of real property to be directly benefited thereby uf ho owners of such real property.-the number of such ownere od ai d fitll '^"r^ roarnroperty having been first ascertain.' od and fanallv determinetl in the manner and by the means IZvlet br " ^^behalf; and if the cLtem^l'd A. to ..w«. improvement be tho construction of a common sewer havinir a of shall also first bo provided for by the council of the city bv by-law for borrowing money, whici every su.h councfl i Ter^^ by authorized to pass for such purpose, or otherwise. passed in virtue ot the three hundred and first section of this """".ihaUb, stn; cttledTn'tH^'^r ^;^^ *^«, ^««trictions and provi- X^oVtt h^^Ar w t^r ^""^?d ^"d twenty-sixth section of ^'yl"^- this Act; but no such by-law shall be vaUd which ..not in accordance with tho following restrictions and provisions? whiwi? ^^'^^^ '^''" '^'''T ^ '^^y ^" *^« financial year in D*y for by. Which the same is passed when it shall fake effect • ^"J *'*'^'"8 ' effect, fhfrpfnrl^^?^! ""^ ^^'^ "^^^^ .^^ ^^^ obligations to be issued Periodforpay- therefor shall be made payable in twenty years at furthest "«°*- from the day on which such by-law takes effect ; 4. Such special rate shaU be sufficient, according to the value Amount of vLl nf'?KP'"Tf*'^l' ^«.^f stained and finally determined in '"-^^ "*«• vntue of this Act, to discharge the debt and interest when vir'/' V^^f ^'' irrespective of any future increase in the frnlX T ""^^ Prpperty, and also irrespective of any income parTthereoT^'''^'^ mvestment of the sinking fund, or of any 5. The by-law shall recite : What the by. law must recite. ihicht irto'b^ c'e'Ldr '"' '""^ '^^"^' *'^ ^'j^^^ '^^ "''" (2.) 100 Annual amount. Value of pro- perty rated. Special rate. Security for debt. Debenture? under sections 301 to 303 to be specially dis- tinguished. MUNICIPAL INSTITUTIONS. (2.) The total amount required by this Act to be raised the b -kw^ ^^ """"^^ for paying the debt and interest under (3.) The value cf the whole real property ratable under the by-la^.^ as asceiiained and finaUy determined as aforesaid; (4.) The annual special rate in the doUar or per foot frontaffe or otherwise, as the ca^e may be, for paying the interest aid creating an equal yearly sinking fund for paying the principal ot the debt, according to the foregoing provisions of this Act ; .J!'^ 7^^^} t^\^^^-^ '^ ''''^^^^^ ^^ *^^ «^^"ri*y ^f tl^e special rate ssttled 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, shaU bear on its face the words "Local Improvement l)ebenture and shaU 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 vu-tue of this Act. Sec«o^227not 305^ The two hun^^ section of this Act shall not apply to any by-law passed in virtue of the lour last preceding r-ctions of this Act. t'ons'lSSt'to ap- , 306. Nothing contained in the sections of this Act num- gy to certain bered three hundred and one to three hundred and four sha,ll be construed to apply to any work of ordinary repair or maintenance ; and every common sewer made, enlarged, or pro- onged, and street lane, aUey, pubHc way or place, aSd sidewalk therein, once made, opened, widened, prolonged, altered, ma- cadami^ed, paved or pianked under the .aid sections of this Act, ShaU thereafter be kept in a good and sufficient state of repair at the expense of the city generallv. PROVISIONS APPLICABLE TO POLICE VILLAGES ONLY. tionr308to*°" SOT. The following sections numbered from th^-ee hundred ^^^* onlv *^ ^ hundred and fourteen apply to police viUages Appointing of inspecting tmsteea. INSPECTING TRUSTER 308. The trustees of ever;: poUce 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 townshino. in ^^ich the village is situate, appoint one of their number to be inspecting 300. MUNICIPAL INSTITUTIONS. o be raised terest under [e under the resaid ; 'ot frontage, interest and le principal ' this Act ; the special Y- of this Act i and three iprovement Qd number, )atement of on ol~ this f the lour Act, num- and lour, r repair or ed, or pro- d sidewalk tered, ma- f this Act, J of repair NLT. e hundred ce villages 70 of such filed with nspecting 309. 101 W rwJ ^t ?^y ::^«^^y ^ the office of a poUce trustee, Filling vacau- by death or otherwise, the remaining trustee or trustees shaU ciT'^'"^''- by wntmg to be filed with such clerk as aforesaid, appoint a trustee or trustees to supply the vacancy. ' NEGLECT OF DUTY BY TRUSTEES. 310. Any police trustee who wilfully neglects or omits to p u * prosecute an offender at the request of an^^ resident househoMer Kh%W. ot the yiUage offering to adduce proof of an offence against the regulations of police herem esUblished, or who wilfully neglects or omits to fulfil any other duty imposed on him by this Act shall incur a penalty of five dollars. X,. ^y • T^® penalties prescribed bv the preceding section or bv t • •. .• * that for the establishment of regulations of policf, shaU be sued P^oTeSSlT^ lor withm ten days after the offence has been committed or has ^'''• ceased, and not subsequently. TRUSTEES TO SUE FOR PENALTIES. ihfl^\ ^^^ inspecting trustee, or in his absence, or when he is Whotosue for the party complained of, one of the other trustees, shaU sue for P™t?eBr' '"' aU penalties incurred under the regulations of police herein es- tablished, before a Justice of the Peace having jurisdiction in *f .\ 1?^ ^""^ residing thereir, or within five mUes thereof- or If there be none such then before any Justice of the Peace Imv- And before ing jurisdiction in the viUage; and the Justice shall hear and ^^^°'°- determine such complaint in a summary manner, and may con- vict the offender, upon the oath or affirmation of a credible wit- n • .. sale ot the goods of the off'ender, and to be paid over to the imth- P«°^l*y- master or path-masters of the division or divisions to which the viUage belongs or to such of the said path-masters as the trus- nnnl JT '^'u' ^^.^^^^^^ path-mastor or path-masters shall applv the penalty to tlie repair and improvement of the streets and lanes of the viUage, under tlie direction of the trustees. PUBLIC HEALTH. omol?.3}VT^^% ""^ T''^ P^l^"" "'^"^'SG Sliall be health Trustees to be omcers witJun the police village, under tlie Consolidated Statute ^'''^^^ ^ffi'^^"- \liFf i"^^' respecting public l.calth, and under any other Act that may be passed for the like purpose. POLICE JU^.nULATIONS. FIRE. 102 MX7NICIPAL INSTITUTIONS. r f FIRE, F^es. ladders, 1. Every proprietor of ahouse more than one story high shall place and keep a ladde. on the roof of such hous7S'to or against the principal chimney thereof, and another ladder reach' S^nl'n ?' r "^^ *" *^^ ^"^^ ^f «"«^ ^«"««. under a pena% IZZ i °' '^T ^T^^°^ ' ^^^ ^ ^'^^•ther penalty of ?wo dollars for every week such omission continues ; Fire buckets. Furnaces, &c. Stove pipes, &c. Lights in stables, &c. CLimneys. Securing fire carried through streets &c. Fires in streets. Hay, straw, Ac. fif L^r^- ^^^"^'"^ shaU provide himself with two buckets fit for carrying water m case of accident by fire, under a penaltv of one dollar for each bucket deficient ; ^ ^ .r.h^'' ^^""T '^^^^ ^"^^? ^""y ^^^^ 0^ f""^^ce unless it adioins and IS properly connected with a chimney of stone or brick at least three feet higher than the house or building L wS the dXs^^r^oSpf^^^r'^^ ' ^^"^"^ ""'' '^-'''^^ '^' between the pipe and the wood work nearest thereto" and the pipe of every stove shall be inserted into a chimney ; ^nd there shaU be at W ten mches in the clear betwee a any stove and anv lathed partition or word work, under a penalty of two dollar^^ « lt>!lT''''S '^^^\ '''*''■ *,°'^"' ^^'^> °"*^«"«« or stable, with with .if ?.??' •''' ^^""P- ^^^''^ ^'^1 ^^^1°^^^ i^ ^ ia^teri, nor with a lighted pipe or cigar, or with fire not properly secured under a penalty of one dollar: t' i' y secureu, 6 No person shall light or have a fire in a wooden house or out house, unless such fire is in a brick or stone chimney or in o/onrdoUarT '' ""'^^^^ ^'""^""^^ secured, under a penalty n.l'h ^"^ f '■"'''' ']'''". T'^y ^""^ °^ ^^^«« fi^e *o be carried into or thiough any street, lane, yard, garden, or other place, with- out having such nro confined in ccme copper, iron or tin vessel under a penalty of one doUar for the fi^ft offenc;, anTof wo dollars for every subsequent offence : 8 No person shall light a fire in a street, lane or public place under a penalty of one dollar ; ^ ^ ' ..L^T'T f"-^ place hay, straw or fodder, or cause the same to be placed in a dwelhng house, under a penaltv nf one dollarlor the first offence, and" of five dollars forevery week the hay, straw or fodder is suffered to remain there ; 10. MUNICIPAL INSTITUTIONS. 103 ty high, shall le near to or adder reach- ier a penalty aalty of two two buckets er a penalty ss it adjoins or brick at n. which the needing two r wooden or four inches to ; and the ; and there ove and any iwo dollars ; stable, with antern, nor "ly secured. n house or aney, or in r a penalty irried into lace, with- ■ tin vessel, nd of two iblic place, cause the 'ty of one 7ery week 10. No person, except a manufacturer of pot or pearl ashes, Ashes, &c. shall keep or deposit a^hes 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 shaU place or deposit any quick or unslaked Lime lime m contact with any wood of a house, outhouse or other building under a penalty of one dollar, and a further penalty ot 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 shaU erect a furnace for making charcoal of Charcoal fur- wood, under a penalty of five dollars ; naces. GUNPOWDER. 13. No person shall keep or have gunpowder for sale, except Gunpowder in boxes of copper, tin or lead, under a penalty of five dollars tOT the first offence, and ten dollars for every subsequent 14. No person shall sell gunpowder, or permit gunpowder Gunpowder, to be sold in his house, storehouse or shop, outhouse or other building at night, under a penalty of ten doUars for the first ottence, and of twenty dollars for every subsequent offence ; NUISANCES. ^^^-V^T"" ^^^^^ *^''°'^' ^'' ^^'^^^ *« ^^ thrown, any filth Certaia'nui- or rubbish into a street, lane or public place, under a penaltv ^*'''=^' P'""^^" ofone doUar.and a further penalty of two dollars for every '*'•*• ^®.^5 J neglects or refuses to remove the same after being notified to do so by the inspecting trustee, or some other per- son authorized by him. ROADS, BRIDGES, DRAINS, WATER-COURSES. WHAT CONSTITUTE KIGHWAYS. 315. All allowances made for roads by the Crown Sur-WhatshaU veyors m any town, township or place already laid out or constitute hereafter laid out ; and also all roads laid out by virtue of knv ^'^^'^''^^^ Act of the Parhament of Upper Canada, or any roads whereon the public money has been expended for opening the same or whereon the statute labour hath been usually performed' or any roads passing through the Indian Lands, shall be deemed common Koads under Board of Works not to be interfered with. 104 * * MUNICIPAL INSTITUTIONS. Teralrea'dv X^^^? ^^^^^T' ""^^«« ^^^^^ «"<^1^ ^oads have been already altered, or may hereafter be altered according to HIGHWAYS VESTED IN THE CROWN. ?eitethe'" „,;^*^-. V"^^«« Otherwise provided for, the soil and freehold of Crown. every highway or road altered, amended or laid ou accirdint. tokw,shaJl be vested in Her Majesty, her he'rrinruec"? JURISDICTION OF MUNICIPALITIES.. Jurisdiction of 211 QnUJ^^j. ± ±-1 JURISDICTION RESTRICTED. PROVINCIAL ROADS UNDER BOARD OF WORKS. 318. No council shall interfere with any public road or bridge vested a. a provincial work in Her MaS or S an^ ictnT^^TLT '''"'' ^"' '''' Governor^ha^rby'r-^ Z are bv th .A./ f "^^^P^^ers as to such road and bridge a.s are by this Act conferred on municipal councils withresnect m.ln /'i^'^^^^'^i^^^^' ^^*^ *^« Governor ma/byprocla nation declare any public road or bridge under the control of the Commissioner of Public Works, to "be no Wr under hf control, and in that case, after a day named in the proclamation the road or bridge shall cease to be under the cSol of the Commissioner, and no tolls shall be thereafter levied t^iereon bv W'fren' T^t' bridge shall thenceforth be contS an'd kept m repair by the council of the municipality. ROADS ON ORDNANCE LANDS. S^a^sSr Jl^: No council shall pass any by-law (1) for stopping up &c. ^lf^^''j;S t^^e direction or alignment of any stieetTnror thoroughfare made or laid out by Her Majesty's Ordnance o r the Principal Secretary of State in whom the Ordnance Ttites are vested under the Statute of this Province passed^ the nineteenth year of Her Majesty's Reign, chapter fort v five or the Consolidated Statute of Canada,%haptertweS^^^^^^ re Zl^e%?t7r ^^-^ ^^---%lanltransSed"o'the Innd S'l ^ k ^"^^^ffV^ng «ny such communication throudi land held by the said Principal Secretary of State or (3) intei" fering with anv bridge wharf d--]- mi-i - m ^ \ struf^lpd hv TT^,. M ° 4. ••,"'"-^'^-"-^-» qua> ur other work con- structed by Her Majesty's Ordnance, or the said Secretary of State, MUNICIPAL INSTITUTIONS. 1 roads have according to I freeliold of fc, according and succes- hereinafter liction over %es within 106 KS. ic road or , or in any il by order md bridge ith respect by procla- control of ■ under his 'clamation, trol of the ihereon by rolled and opping uj) it, lane or inance, or ^e Estates 5ed in the y-five, or ^-foiir, re- •ed to the I through (3) inter- "ork cou- retary of State, State, or (4) interfering with any land reserved for military purposes, or with the integrity of the public defences, without Unles, aanc- a written consent signed by the principal officer of the War tio-TbTthe Department acting in Canada under the authority of such Sr'ffi; Secretary of Sta e. certified under the hand of the Commander "c"' '' ot the forces m Canada to be such principal officer and to be acting under such authority, and a by-law for any of the pur- poses aforesaid shall be void unless it recites such cor4nt authority and certificate. WHAT ROADS NOT TO BE CLOSED. wh^fwfr? ''•''•''"'/ '^^^ '^^'^ "P ^"^ P^^l^^ ^^^^ O^ highway. Council not to whetl.er an original allowance or a road opened by the Quarter ^'««« ^^^ '^■ Sessions, or any municipal council, or otherwise legally estab- ^itlt^^' hshed, whereby any person wiU be excluded from ingress and <^«?-t&c.' egress to and from his lands or place of residence over ?uch road, but all such roads shaU remain open for the use of the person who requires the same. ^ NOT TO ENCROACH UPON HOUSES, &C. 331. No council shall authorize an encroachment on any Nor to .n dwelling-house, barn, stable, out-house, orchard, garden, yard --eh Son or pleasure ground, without the written consent of the owner. ^°'"^'' *•=• WIDTH OF ROADS. nin^e?v niJ wT'^ 't^ ^7 ?^* ^""l ^"^ °^ ^^"<^ °^«^« ^^an Width of ninety nor less tlian thirty feet m width ; but any road, when ''^^'■ altered, may be of the same width as formerly. NOTICE TO BE GIVEN OF BY-LAWS INTENDED TO AFFECT PUBLIC ROADS. 333 No council shall pass a by-law for stopping up, alter- Whatnoticeto oidTi^ r^^'/^v "^ '' '?"^°^ anyoriginalaUowance forE^fP^ L' diverting or ^^^^^^^ "^''''^^' '^'1^^ "?' ^^^''^"^S, widen- tt&^ect S lane ^°^ ^""^ other public highway, road, street Public roads. have be^en^n^S^r """ ^''''^'^- ^^^'^'.^^ *^^ ^^^^^^^^^ by-law Publication, nave been posted i-p one month previously in six of the most pubhc places in .\ immediate neighbourhood of such Sal allowance for road, street or other iSghway, road street orfane ! , 2. And published weekly for at least four successive weeks Th«o„™ in some newspaper (if any there be) published in the munici! pality ; Parties to be heard. 1^^ MUNICIPAL INSTITUTIONS. ^^u\^i! or if there be no such newspaper, then in a newspaner pubhshed in some neighbouring municipality ; "^^^P^P^r n.^ff^'"'' ''''^'^ *^^ ''''''?^^^ ^''^^ ^^^^^' ^" person or by council or attorney any one whose land might be prejudicially affected thereby, and who petitions to be so heard ; ^ Sli^oe^'^ .J-^^^ th; Plerk shall give such notices, at the request of the applicant for the by-law, upon payment of the reaaonablo expenses attendant on such notices. reasonable IN DISPUTES RESPECTING ROADS-WHO MAY SWEAR WIT- NESSES, (fcc. StVr^aL^^^,^^-,/^^''^^^ of <^i«P"tes in any municipality, concernincr iLiS*- sTons' w" hrS Z "'^'' 't ^'^' ^"ndaries or conces''- s ons withm the cognizance of and in the course of investiga- tion before a municipal council, the head of the council may administer an oath or affirmation to any party or witness ex ammed upon the matters in dispute. ^ COMPENSATION FOR LANDS TAKEN. kXTakento ^^^ ^^^7 council shall make to the owners of real pro- be compens- perty entered upon, taken or used by the corporation in the ated. exercise of its powers in respect to roads, streets and other pub! lie communications or to drains and common sewers, due com- pensation for any damages necessarily resulting from the ex- ercise of such powers, beyona any advantage which the claimant may derive from the contemplated work : and any claim for such compensation, if not mutually agreed upon, shall be determined by arbitration under this Act. t^ > ' ' respecting boundaries TITLES TO LAND OF INFANTS, &C., HOW ACQUIRED. Title to lands taken. 336. In the case of real property which a councU has au- thority under this Act to enter upon, take or use without the owners consent, corporations, tenants, in tail or for life guardians, committees and trustees, shall, on behalf of them- selves, their successors and heirs respectively, and on behalf of those they represent, whether infants, issue unborn, lunatic Idiots, married women or others, have power to act, as well in reference to any arbitration, notice and action under this Act as m contracting for and conveying to the council any such real property, or m agreeing as to the amount of damages aris- l^ZtZ SfiTif LTtT" '^ '''' 'T"' '' ''^"^ P^"^^- '^'''^''' convey. ^"^-^ef)! m ca^e tiicit; is no such person who can so act in respect to such real property, or in case any person interested in 1 a newspaper or by council cially affected 10 request of ie reasonable SWEAR WIT- ^ concerning 3S or conces- of investiga- council may r witness ex- of real pro- 'ation in the d other pub- rs, due com- rom the ex- which the c ; and any i upon, shall JIRED. ncil has au- vithout the or for life, f of them- :l on behalf )rn, lunatic, b, as well in er this Act, il any such mages aris- • in respect .n so act in interested in MUNICIPAL INSTITUTIONS. jq^ il'n?''^^* -^^ ^T '"'''' ""^^^ property is absent from this Pro- vmce or is unknown, or in case his residence is unknown ?nr tL r'l^ '"""'^ \' ^°"/^^' *^« >^g^ «f the county S for the county in which such property is situate, may or the application of the council, appofnt a person to act in rLect to ' the same for all or any of the said purposes. ^ abs^ofuteestatrinT/'"*^ ^^"1? "^ '"^°^^^^^^'^ ''^« "«<^ the Wherea party aDsoiute estate m the property, the council shall pay to him haaaiife^in- ^ the interest only at six per centum per annum on the^a nou™ *"^^' °'^^- priLin^afto'V''^-.'^ property, and shall retain the principal to be paid to the party entitled to it whenever he claims the same, and executes a valid acquittance Sfor unless the Court of Chancery, or other cour having equitable ?"".^r^^''' Z:^tlTZZ\r''; '^ '" *^^ "^^^^ timeSt the^PPli^d.''^ counci to pay the same to any person or into court • and the council shall not be bound to see to the application of any interest so paid, or of any sum paid under the direction of such rea^pLtrt'ril tr't^^w' ".1 ^^'^'^ ^^ '"'^''^ ^^ «"«h Charges onthe whlnr ^ ' . ^^ ^""^J?^* t^ *h^ limitations and charges to P"'^*'^^^ which the property was subject. '^^t,c» tu j^^^^y JOINT JURISDICTION OVER ROADS. town city, township or incorporated village, and an adioinin^ '^•*'*i°^ ^^e'' county or counties, town, city, township or incorpom ted """"" "*^- Sei:;d''lLTh:fb ^^ th^ --.--parties betwee7whict sav.. e. 2, . «m,n, T? .1^ ' ^5" ^^""^ J^'^t jurisdiction over the same »• although the road may so deviate as in some places to be wholly or m part within one or either of them, and the saW road shall include a bridge forming part of the rokd liti^f witW^r/^*^' 'Tf ?^""y one of such municipa- Both councils Jities with respect to any such last mentioned road or bridge r?t«=o°curin shall have any force until a bv Inw haa v.^«r. ^ j • ^^i^iuge, by-laws re- tprm« aa r.^/^1 """la oy-iaw has been passed in similar spectmg them, terms as nearly a^ may be, by the other council or councils P V-' ^- 26,^- havmg joint jurisdiction in the premises. councils 9. aft!?notk. nm.^l' f'^' 'T''^ ^" ^«""^^1«' for six months Arbitration if alter notice of the by-law, omit to pass a by-law or by-laws in *^«y ^^ ^°t ^ t2^: ^f' and liability of e Jch municfpaST; Jn ^%. 2., . POWERS l^gX^Xai. d ■ ^^® MUNICIPAL INSTITUTIONS. POWERS OF TOWNSHIP. TOWN AND INCORPORATED VILLAGE COUNCILS RESPECTING ROADS. BRIDGES AND WORKS sF^cUngs'ta- ^^^^ Th© council of every township, town and incorDomtPfl tute labour. Village may also paas by-laws : " ana incoi porated STATUTE LABOUR. co^°u?aTion. 1:^1/,^'' .^"^PfY^;^^ any person (resident or non-resident) liable to statute labour within the municipality to compound for such labour, for any term not exceeding five vearrat anv sum not exceeding one dollar for each day's kbour^' SSten. 2.Jor providing that a sum of money, not exceeding one SlTr'" ^hich^ThlT"^^^ or reducing the number of days' labour, to '"'"• I« ? K *r 1 f '?''''' ''^*'? °^ *^^« assessment roll or other;dse shall be liable, m proportion to the statute labour to which sVch persons are, m respect of the amounts at which thev are asssessed, or otherwise respectively Hable ; ^ StSboL'*'" ^/<>r enforcing the performance of statute labour, or pav- iffiSS' ,J- ,^°^ regulating the manner and the divisions in which ^^■ii :™nded "'■ '=°">">"'-«™ "O^ey shall be performed „r money. " POWERS OF ALL COUNCILS RESPECTING ROADS BRIDGES AND WORKS. ^^^^^ spe'cSroads. . ^^^ ^he council of every township, county, citv town and incorporated village may pass by-laws : ^' Opening or stopping up roads, &c. GENERAL POWERS. 1. For opening, making, preserving, improvincr renairina widening, altering, diverting, stopping up and pullinrdo^' drains sewers, water-courses, roads, "streets, squai-es alle7«' lanes, bndges or other public communications within the iurl- diction of the council, and for entering upon, breakinf up taking or using any land in any way nf cessar^ or conve^nient co'nt^nedf ^"'"'"- ''^''' '' '^' '''''''^ '^^^ TOLLS. :d village WORKS. incoiporated MUNICIPAL INSTITUTIONS. TOLLS. 109 T on-resident) to compound y^ears, at any cceeding one in commuta- '^s' labour, to or otherwise ) which such ;h they are our, or pay- f, when not IS in which erformed or ROADS, , town and repairing, ling down, res, alleys, I the juris- saking up, 3onvenient n this Act TOLLS. FAST DRIVING ON BRIDGES, 3. For regulating the driving and riding on public bridges ; To rebate driving on PITS AND PRECIPICES. bridges. pits, &c. ROAD ALLOWANCES. 5. ' atone, &c. 6 _ For selling the original road allowance to the parties next wi, .i, adjoining whose ands the same is situated, when aSic roTd -nTii*X has been opened m leu of the original road allowance and for "'"pHP?,' ««^ the site or line of which compensation has been pSd,' and for -- '^°"" selling m Ike manner to the owners of any adjoining land any road lega ly stopped up or altered by the couicil ; and^n c^e such parties respectively refuse to become the purchasers at su^h pnce a^ the council thinks reasonable, then for thecal? ttrebf to any other person for the same or a greater price ; PERMITTING ROAD AND BRIDGE COMPANIES TO PASS &C 7. For regulating the iranner of granting to road or bridrrA n *• • companies, perm ssion to commence or profeed S roads S^'^*^*^-^ bridges withm its jurisdiction, and for reffulatinTtL manner °'^^^^ ^°^ of ascertaining and declaring the completio^ of ^ ^^2 ""'"• to entzfJe such companies to levy tolls thereon, and^for rec^ atmg the manner of making the examinations necessarv for the proper exercise of these p°owers by the council? ^ TAKING STOCK IN. porate^d'rSf'fr 'bridi^' "" ^'""^^^ "^T^ *^' ^^^ ^'^^^ i^««'- '''^^^^^■ ;Zr +• r .1 .^^ company, under and subject to the ^' «' making respective statutes in that behalf • J'' ^° ^^® loans to snch ' companies. TOLLS ON, MAY BE GRANTED. sidLlKf nte-"" ^""^ P^i^' '"^ ««^ideration or part con- Grantingright siaeration of plankmg, gravelling or macadamizing a road, or of ^t^«^"«' building 110 Searching for and taking materials. MUNICIPAL INSTITUTIONS. building a bridge the tolls fixed by by-law to be levied on the work for a period of not more than twenty-one years after he work ha« been completed, and after such completion hal been declared by a by-law of the council authorizing tolls to be col ected; and the grantee of such tolls shall, during the period of Ins right thereto, maintain the road or bridge in repair TAKING MATERIALS. 10 For searching for and taking such timber, gi-avel stone or other material or materials as nmy be necessary for riak W and keeping in repair any road or highway belonging to any such municipality ; and the right of entry ipon such lands a^ well a. the pnce or damage to be paid to*^any person forsuo' Z^lZ'b '^'th '{'''^ ^^'T^ "P^^^ V the parties concerned be settled by arbitration in the manner provided by this Act OLD ROAD ALLOWANCES. When a road is substituted for an original allowauce. Conveying of former road allowance. Compensatien to party whose land is taken. Original al!o'?T= 334. In case any one m possession of a concession road or 8 de 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 heu of an original allowance for road, and for which no com- pensation has been paid to the owner of the land appropriated ff hiflon 1 ""i'"^ P r "^ «"^K-%i^al allowance,^theUnet It his lands adjom the concession road, side line, or origina allowance shall be entitled thereto, in lieu of the road so M out and the council of the municipality upon the report in writing, of Its surveyor or of a deputy provincial land surveyor tha such new or travelled road is sufficient for the purposefof a pubhc highway, may convey the said original allowance for road in fee simple to the person or persons u^on whose land the new road runs, and when any such original road allowance is n the opmion of the council, useless to the public, and lies between lands owned by different parties, the municipal counci SnT?-'' ^ *?' conditions aforesaid, sell and convey a part laZot! '^ """'r ^^'^''' ^' ™^^ '"'"^ >«* ^^d reasonable; and in case compensation was not paid for the new road, and the person through whose land the same passes does not own the land adjoining the original road allowance, the amount re- ceived from the purchaser of the corresponding part of the road timTo?Thr 'l ''^^' t^^^Pfdtothe person who at the time of the sale owns the land through which the new road passes. POSSESSION OF ROAD ALLOWANCES. 335. In ease a person be in possession of any part of a Government levied on the ears after the :^ion has been g tolls to be ng the period 1 repair. giavel, stone y for making iging to any uch lands, as son for such loncemed, be ihis Act. 3ion road or jet in place 3r in case a i opened in ich no com- ippropriated , the owner, , or original road so laid le report in id surveyor, purposes of lowance for 3se land the ilowance is, c, and lies ipal council ivey a part reasonable; ' road, and as not own amount re- of the road who at the new road part of a ovemment aid MUNICIPAL INSTITUTIONS. ^ ^ Government allowance for road \a\A /».* „,i: • • i • , enclosed bv a lnJrf„i f!' , }y .. adjoining hw lot and anew for ro»«ii tnciosea by a lawful fence, and which has not been onenod for ^*»«° *« b" pubLc use by reason of another road beini? used in lieTfw/nf '^•''"''^'f'^»»y or be in nossf-saJnTi /vf ,.«„ n . /? " "®^ thereof, posnosMd tiiia or oe in possession of any Government al owance for road nar by-law wp„«* allelornear to which a road hns been estabhshed by kw Tn t^^' '^p '^^^^^ heu thereof, such person shall be deemed legally po^eled thereof, aa against any private person, until a L-C ha^ been parsed for opening such allowance for road by the cTuncH liaving jurisdiction over the same. ^ . NOTICE OF BY-LAWS FOR OPENING SUCH ALLOWANCES. aays betore the neeting of the council, that an application will '°'^?' **=• *« be made for opening such allowance. 'ipi'^^ation will squire notice. AIDING IN MAKING HOADS AND BRIDGES. II om or through an adjoining municipality ° 32 v., c. 43, '^ •> ' 8. 20. 337. The municipal council of (^vt^r^r +<^w«ci,;^ u j. and incorporated village .nay pai byjiws: P' ^' '"^ ■>'■'"•'"- i„i ™ . *P ^ ^ ' ■"''' ^y '°''" »•■ othem ae, towards onen ''" '»'»«l!?„ county and which the council W by-law assumes osTommfv T^'^'" '"»^ road or bridge, until the by-law L Ten "i^aTed by tie '^ '^*'"""•'• council, and over all bridges across streams si^amting two townships in the county ; and over every road or WidrdivM- ing different townships, although such road o^bridgfrn^^^^ fownship: " """ ''"" '" '"' ^'''''y '^ '^ P-t' ^^Cli: TOWNSHIP IIOUNDARY LINES. 1. All township boundary lines not assumed by the countv T„h as to the share to be borne by each, it shall be compSeTfor ^""^ ^^ '^"*^- one or more of such councils to apply to the county counc 1 to enforce jomt action on all township councUs interested T 3. In cases where all the township councils interested ne- glect or refuse to open up and repair such lines of road in a manner similar to the" other local roads, it shaU be compe ent for a majority of the ratepayers resident on the lots bordering on either or both sides of such line to petition the county coun? ul to enforce the opening up or repair of such lines of /oad by the township councils interested ; ^ 4 It shall be the duty of a countv council ' receiving' such petition, either from township councils or from ratepayers, as in the preceding subsection 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 shaU be required to apply for the opening or repairs of such lines of road or to direct the expenditure of a certain proportion of fetatute labour, or both, as may seem necessary to make the said bnes of road equal to other local roads ; ii'Ji) oil I •! 16. ^at subsection four of section three hundred and forty- one If aU the councils fail Duty of cou» ty councils on petition. Amount to b« fumishod by each town- ship. S. 341, sub-a. 4, made per- 114 MUMCIPAL INSTITUTIONS. missire. 33 v., c. 26 8 ?"v ''^i^'' ^^^^ ^*^*' chaptered fifty-one, shall be, and the same ig ' ' • 18 hereby made permissive. era'tTenfOTce ^- ^.^ ^^^^^ ^(6 the duty of the county council to appoint a ??conndlas' ^^^^^^^s^^oner or commissionei-8 to execute and enforce their II Sfo^s. ^l^f^^'ll ^y-^aws relative to such roads; provided always that if the representatives of any or aU of the townships inter- ested shall intimate to the council or to the commissioner or commissioners so appointed, their intention to execute the work themselves, then such commissioner or commissioners shaU delay proceedings for a reasonable time ; but if the work be not proceeded with during the favourable ceason by the town- ship otticers, then the commissioners shall undertake and finish it themselves ; Proviso. Payments to be made by township coimcils. 6. Any sum of money so determined unon by the county council as the portion to be paid by the respective townships shall be paid by the county treasurer on the order of the com- missioner or commissioners, and the amount retained out of any money in his hands belonging to such township, but if there be not tit any time before the striking of a county rate any such moneys belonging to such township in the treasurers hands, an additional rate shaU be levied by the coanty council against such township sufficient to cover such advances ; COUNTY BOUNDARIES. wffiL, , ^' Township boundary line roads forming also the county being airio boundary Imes, and not assumed or maintained by the respective comity botm- counties interested, shall be maintained by the respective town- ships bordenng on the same ; 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 m opening or maintaining such line rr^Sid or portion thereof, one or more of such township councils may apply to the wardens of the bordering counties to determine jointly the amount which each township shall be required to expend either m money or statute labour, or both, and the mode of expenditure on such road ; the county judge of the county in which the township first making the appHcation is situate shall, in all cases, be the third arbitrator when such "wardens are unable to agree ; 9. It shaJl be the duty of the wardens of the counties inter- ested to meet within twenty-one days from the time of receiv- ing duch application for the determination of the matter in dis- pute ; th€» warden of the county in which the township first making When the sev eral town- ships interest- ed cannot agree. Wardens and county judge to decide. Meeting of wardens. Who to con« Tene, fto. and the same to appoint a enforce their nded always, ^Tiships inter- mmissioner or cute the work ssioners shall the work be by the town- ke and finish r the county /e townships, ' of the cool- gained out of iship, but if I county rate le treasurer's anty council mces ; the county be respective ective town- n the whole agree as to line road, or 3uncils may 3 determine required to th, and the udge of the iplication is when such nties inter- e of receiv- itter in dis- ^nship first making MUNICIPAL INSTITUTIONS. 115 other cfunty and county tl^HttT'^^ *^'' T"^"'' »''*''« order, of s„c> commrl„1,f to X :if oTthJ *" "^^ *''^ be opened or repaired si n 1 ^l .i P''^*'°'' °^ «^«^ ^^^e to lines md in ihf. n..r c '™^"g township or county boundary risers, being reapeetfvt^o fons onheTpTnrrt'f "« 1° "^^'^ ""^ "^^ " counties, it'sh,Jl be the duty'^^f L'h°countv °o,,''^- A*"' '''™.™' arbitrators as provided by Sis 1^ Z^ll council to appoint ^^^be so expended, and sU"Lt^' ^ .tTr^t .TJ^' ROADS ASSUMED TO BE MACADAMIZED, ortTt'l-JL^TowLhTi' rcZL'^ Y'"\'^7 --i«,"»i— council^hall. with - mftd^/as reSnZ " te'f d^J ^-""*«-" the exoense of the county cause U» rn- ■ 7„ K ■'^ f T , ' """^ "^ led or macadamized, or tte brid'e tT' b A^if ?"''*'^' S"*™'" substantial manner. ® ^ ''' *""'* " ■» S"'"'' """1 CERTAIN POWERS OF JUSTICES LV SESSIONS TRANSFERRED !,fo?fthtte-f/^^^^^^^^ ":|r^s,^;:rtf^afiSirb!?^«^^^^^ conferred or imposed upon any other^nSd:i;a"c'i;i>:^tir„! shall •^1^ MUNICIPAL INSTITUTIONS. shall belong to the council of the county, or in case the road or bridge lies m two or more counties, to the councils 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 ne^ect or disobedience of the like regulations or directions ot the Magistrates would have subjected them to. GENERAL POWERS OF COUNTIES RESPECTING HIGHWAYS. By-laws for- 344. The council Of every county shall have power to pass by-lawp tor the following purposes: fwncif "^ ,/• ^^^ stopping up, or stopping up and sale, of any original &c., for roads allowance for roads or parts thereof within the countv whi^h is mcertau.,,, subject to the sole jurisdiction and control of the council, and not being within the limits of any village, town or city within or adjoimng the county; but the by-law for this purpose shall be subject to the three hundred and twenty-third section of this Act ; ses or rirrdri^^ng" ,?■ For preventing immoderate riding or driving of hor... .. other (3attle on the highways, whether township or countv highways ; •' Eoada within or between several muni- cipalities. Protecting booms. 3. lor opening, making, preserving, improving, repairing widening, altermg, diverting, stopping up and pulling dowS drains sewers, water-courses, roads, streets, squares, alleys' lanes, bridges or other pubHc communications, running or being withm one or more townships, or between two or fnore townships of the county, or between the county, and any adjoimng 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 im- proved, and for entering -apon, breaking up, taking or usino- any land in any way necessary or convenient for the said pui^- poses, subject to the restrictions hereinbefore contained ; 4. For protecting and regulating of booms on any stream or river for the safe-keeping of timber, saw-logs and staves within the mumcipality; TREES OBSTRUCTING HIGHWAYS. ?^«rfe**^" ^■. F«y. <3irecting that, on each or either side of a highwav cleared on each P»««"%' through a wood, the trees, (unless they form part of an sideof high, orchard cr a shrubbery, or have been planted or reserved express- ly 3e the road or ncils of such y regulations shall subject asequences as or directions IGHWAYS. ower to pass any original nty, which is council, and r city within urpose shall rd section of of horses or '> or county I, repairing, illing down, ares, alleys, running or wo or more y, and any ly town or ; county, as J opinion of *^ed and im- ig or using le said pur- ned; Y stream or ives within a highway part of an ed express- MUNICIPAL INSTITUTIONS. ^^^ ly for ornament or shelter,) shall, for a space not exceeding e'mo^d W tiZlf] ^'^-t'"'' ^.^^^-^^' ^« "* ^0^ -d removea Dy the proprietor withm a time appointed bv the bv rw'LTdtitnt 'T *; r"*^.™"^- or Xr officS m wnose 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 hi X ways and bridges in his division, or to be sold by him to deW the expenses of carrying the by-law into effect ; ^ LOCAL RATES FOR SPECIAL IMPROVEMENTS. 0. For levying by assessment on all ratable propertv within r , any particular part of ono or iinr+c ^f + f "i^*^,V ^""^^ Local rates for described bv mpKl n i ^ o^.Parts of two townships to be special impro- ae&criDecl by metes and bounds m the by-law in addition in nil vements. other rates, a sum sufficient to defray the elple of TaHn " repairing or improving any road, bridge, or other publi^ work S Tnd bV^^ ^r'^Pi^?^^'"^^^^ P--^« of sXtwo tZn-' ships, and by which the inhabitants of such parts will be morP SfsLllTofbe i ^ iT'^' ^^^ *^^ pro4on7of thlTuT section shall not be held to apply to any road, brido-e or othf^r- bv it UnJ iZTt^ V^ P'^^I^J except— 1. Upon a petition signed obtain a by- leLf onrhal7nf r f *^^f ^^^^ors who shall be rated fSr at ^^ ^- least one-half of the value of the property within those Darts of •such townships which are to be affected by the bv-W ^ Nor unless a printed notice of the petition, with the name; of . by'lal^fol^^r^ 'T"'^^ the^imits\vithin whTcrthe^Sr*^^^ Dy-iaw IS to have force, has been given for at least one mnnfT, by putting up the same in four dilerent places wiThin suclTpaite of the township, and at the places for holding the sittings of th^ council of each township, whether it be within SCts or not and also by inserting the same weekly for at e^ffour Tountv^orinb ^^^^er, if any there be^ublishedln tL nn^S' A- ^''^ f- ^" '^"^ newspaper, then in a newspaper published m some adjoining county ; "- ^^^wspaper AIDING TOAVNSHIPS, tc, IN MAKING ROADS AND BRIDGES. 8. For granting to any town, township, or incorporated vil v -a- ■ or making any new road or bridge in the town, townshio oi ^""^ ^'^^''' ::!^r:s:^:^::!!^:^^^^^-^ ^-^ the countrAs assuming the same as a county work. TOWNSHIPS. lid By-laws for- Stopping up and sale of ori Inal road al- lowance. lo MUNICIPAI, INSTITUTIONS. TOWNSHIPS. 345. The council of every township may pass by-laws : AIDING COfTNTIES IN MAKING ROADS. Aiding ("imty 1 "T", „ i- frrf2;'1-^''' t'^^ ""= ™™*y ■" «hich fc town ht h"s work, or agreed to be so assumed on condition of sucli gi-ant; ORIGINAL ROAD ALLOWANCES. 2 For the stopping up and sale of any original allowance for road or any part thereof within the muAieipfuty, andfor fl^n ' and dec anng therein the terms noon which the same k to hS sod and conveyed; but no such by-law shall havrary force (1) unless passed ,n accordance with the three hundred 3 bvti"*h'? ""="™-?f *'™ ^"*' "<"■ (2) ™til conCed by a IS situate at an ordinary session of the countv counoil b^lrl t,^+ sooner than three months, nor later ?han one yea^next afW the passing thereof; ^ ^ '^**'®' TREES OBSTRUCTING HIGHWAYS. ?otf^ttZJ,Z'l^f'"""f'^^^^^^ °^ '^^^'^ «id« 0^^ highway on each side P^^^^g through a wood, the trees (unless they form part o7on o£a.oad. orcho,rd or a shrubbery, or have been planid expressly fo?. ornament or shelter) shall, for a space not exclS twe^ntv five feet on each side of the highway, be cut down and remov" ed by the proprietor within a lime appointed by the bylw' or, on his default, by the overseer of h ghways oi other offic^- m whose division the land lies; and, in the fatteJ case for au thonz,ng the trees to be used by the overseer or o?her offieei' ZZZ^-'T'^T''^'^''^''^' improvement of the highway and budges in his division, or to be sold bvhimto dpfrMWh expenses of carrying the by-law into effect? "^ ^^'" SfrfolThar .. ^: ^""^ f^'^^^S out of township funds any sum of money that may be necessary to pay for the cutting down and rmov mg the timber in the third subsection mentioned purpose. Purchasing For purchasing from the Government or any corporation or MUNICIPAL INSTITUTIONS. 119 )y-laws ; mking, open- therwise im- rnmunication cipality, and lownship lies communica- as a county 3h grant; llowance for ad for fixing ame is to be e any force andred and irmed by a e township !il, held not next after a highway part of an pressly for ig twenty- ind remov- he by-law, ther officer ise, for au- iher officer highways lefray the of money id remov- rporation or or person, at a price (in caae of Crown Lands, to be fixed upon wet land, from by the Governor in Council, and which price the Governor in ^ovcnunent. 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 ; 6. The purchase and draining of such lands shall be one of Raising money 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 ; 1 h P^^ f <^^Poration of any such township may possess and Disposing of hold the land so purchased, and may, whenever they deem it ^^^^ ''*"^- expedient, sell or otherwise depart with or dispose of the same by public auctiai, in 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 purdiase money or any portion thereof, as they may think most advintageous, 8. The proceeds of the sale of such lands shall form part of Proceeds of the general funds of the municipality. sale. 9. The corporation of any township or county, wherever Sale of mineral minerals are tomd, may sell, by public auction or otherwise the "sMs under mineral rights to the roads over which said township or county '"'^^' may have jursdiction, if considered expedient so to do- Pro- ^^ ^•' *=• 30, s. vided always, that no such sale shall take place until after due ^^' notice of sucl ^^intended by-law has been posted up, in six of the most pubic places in the immediate neighbourhood of such road, for, at .east, one month previous to the time fixed for considering aich by-law; Provided also,that the deed of convey- ance to the pirchaser or purchasers, under said by-law, shall contain a proviso protecting the road for public travel, and pre- venting any uses of the granted rights interfering with public travel. ^ 10. For setting apart so much of any highway as they may Foot-paths deem necessary lor the purposes of a foot-path, and for im- posing penalties on persons travelling thereon on horseback or in vehicles. WHE> ROADS IN VILLAGES OR HAMLETS MAY BE SOLD BY TOWNSHIP COUNCILS. ^1 ^— ■ lu ^^^\*^^® trustees of any police village, or fifteen of Whenr«»ad8in the iniabitant householdei-s of any other unincorporated vil- p°^°® viUages lage 120 MUNICIPAL INSTITU'^IONS. Sup^^^^i^g^ «r hamlet consisting of not less than tw^nt.. ,1 ir councils: houses standing within an area nf tTr. i. ^ T ^ ^^^elhng the council ofle towrC^wllh the "^^ "^''i ^'f^^^^^ situate, aiid incase the netiHn^rfV-'^^^^^^ '''' Camlet is Immlet net Sa nolfce t^f " -'^ unincorporated village or cate from the elsfcmr of th^^'' f ^"^TP^^""^ ^3^ ^ ^^^tifi- ship lies thn/ f nl? ^ S^ '^M^''*^^ ^'^hin which the town- limits of thTwCfr hSr""';/" "'"' J^J^S ^"t'"" «'« on the plan, bS Sie't tHu th^ *?, T' '""^ .'"'• ''''<■ "^o™ Ict''suL?LtlT™ht''"w??!f '°\^"'^^ " i"™- in the same or in d?fferenrrn,7„ ? "' T • '"^f l-'l^ «« council of each of fh! f„^ ."• ■ ,"",f ," '"'='> '^'«« «>o the ^e^reC„":i^:H;t«;Si^.t5f tS^^^^^^ ' KEGISTEAIION OF BV-I,AWS FOR OPENING KOADS ON rmVATK PROPERTY. When village is partly in each of two townships. which^^V^ ?■ ^^ hy-laws hereafter to be nasqpri V.V n«,. ^ •• , are opened on council under the authority of whioh ?nv istrvOffippnff{.! / f ' ^? ^""^y i-egstered in the ready parsed, ^'^t.^swy uttice ot the county where the land is atuate anrl fZ clerk of thrpL^eTithe'rmVTer ™'^^ '"^ '"' "'""^ RAILWAYS. councik^may . ^'*^- The council of everv town.shin pountv o\H' fnx». j make by-law.: incorporated viUage, may pa^s by-laws : "^^ ^"""^ TAKING mty dwelling aK3res, petition or hamlet is ited village or I by a certifi- ;li the town- is been duly 1, the council or otherwise r within the Je laid down ained in this ?e or ham- vnships are ich case the the power r road lying iccording to 3N PRIVATE municipal d or high- hall, before red in the ite, and for ich by-law clerk and d without 3d, and all ore passed, jhway has ay at the charges of upon the •y of such al of such iv or reso- und of the MUNICIPAL INSTITUTIONS. TAKING STOCK IN OR AIDING RAILWAY COMPANIES. 121 tovn and TAKING >en- of any «u„: oIl^^'lV:.^' riTt^^Zor't' ."^T^"' »-»"^'- company to which thp ^,-,^1.+^. ^i, "^ x- '"^orporated railway anteeing L teenth and fifteenth Victfi^^^^^^^^ *^^ «*^^^"t^ four- ^-ture! ; Clauses ConsStL ActW fl ^^ ^ fi%-one-(the Railway Statute of C^nadf lesptci?'^^^^^ '''^^'"^ ""[ *^^« Consolidated to seventy-eight haveTeenfrrn^^^^^ numbered seventy-five •special Act ; ""^ '"'^^^ ^' "^^^^« applicable by any rowed, and for assessW .nS ?^ • ? ""^"^^ ^'y ^^^^m bor- ^^sthev^v^ the whole rataV~Jtrof tl^f^^^^^^^^^^ '^''^^ ^P- "-l?^" to discharge the dibt I eJgfgt^rrc^^^^^^^^ -- any dfbLtrelolst^^^^^^^ ^°"" °^ '^^»^^"g ^^ -^^orsing Fona of. signing the same and bv whnfTffl "^ g'^^"'^^^^^^^ and of counter- nicipal corporation sbnll q,,i.o«,^w' 1 , ^^-^ ' but no mu- the final passing thereof «-hoii ,.^ • i^Jiti.ss tne by-law before ed by public of the ,„uLa;^irr:^'':^;s«'--n/^^^^^^^^ directed by the by-W £ b vatutfu SS'^T^' "' ^'^' poration without the corporate seal thprti V^® ? "'" ™''- ""»»'« «•!■ of any other form with rZZTt^^C: *''f,<='''' or the observance may L directed "n the b;*?kw.'° '^^ ''"l'»"»-« *»« such as dollars or upwards the heid nf fl •, "f '"""""y thousand be • director, of the diree\eToaheer,n,«t 1^!; nv'''"'l ^r"'^'"" «'"' d recton. authorized by theSa "*ct i"';, n ?"= "'""'''"■ "^ rights, powe:^ and duties T^he „fS'r''l"'"'= ""^ "»«■« pany "" '^ *"" ""'oi' dn-ectors of the com- 358. The council of every township may pass by-laws forBH.w.... authoriziner 122 MUNICIPAL INSTITUTIONS. brancTfail- ^"^^"''"? ^^^^^ ^^^^r^ company, in case such authority is ^»y,. necessary, to make a branch railway on property of the corpo- ration or on highways, under such conditions as the council T .u . -f! Tt.^"? """^Jf * ^"^ *^^ restrictions contained in the Consol- Impl'e"" l^'i'l^'''^^^ ^^t' ^"^ """"y °^^^"' ^'^"^ '^^^^^^"g «"«^ railway, 33 v., c. 26, and may also pass by-laws to authorize companies or individu- «. 12. als to construct tram and other railways along any highway on such terms and conditions as the council shalT see fit. ARBITRATIONS. 353. In all cases of arbitration directed bv this Act, the pro- ceedings shall be as follows : . , i Slnga?bi. ,, 1- Each party shall appoint one arbitrator, and give notice tratorsand thereof m writing to the other party ; and when the other arb?tSL°L. P^ ^ '" "" corporation, the notice suall be given to the head of the corporation ; ™;U?nS: ,J;, J^',f^°i arbitratoi-s appointed by or for the parties shall choose a third arbitrator, and if more than two municipalities When more ^^^ interested, each of them shall appoint an arbitrator, and the award of a majority of them shall be final. In case of an equal- ity ot arbitrators, they shall appoint another arbitrator, or in default, at the expiration of thirty days after such arbitrators have been appointed, the Lieutenant-Governor in Council may on the app ication of any one of the municipalities interested! appomt such arbitrator. ' fi7?f negfect ^^ }"" ^ase of an arbitration between townships or between to appoint. counties, or between a county and a city, or between a coun^v and a town, if for one month after having received such r ' ^■ the party notified omits appointing an arbitrator- ,o..di. ten days after the second arbitrator has been appointed, vv two arbitrators omit to appoint a third arbitrator, then, in case the arbitration is between townships, the warden of the county withm which the townships are situate, or in case the arbitra- tion IS between counties, or between a county and a city or a town, the Governor in Council may appoint an arbitrator for the party or arbitrators in default ; exercise of ^- J^ case of an arbitration between a municipal corporation roT^Iin' ^,^ ""^"^^'^ of property to be entered upon, taken or used r^oads. drains, ,^ tjie exercise of the powers of the corporation in regard to roads streets or other communications, or to drains and sewers It, after the passing of the by-law, any person interested in the prope^rty, appoints and gives due notice to the head of the council of his appointment of any arbitrator to determine the compensation than two mu nicipalities. 33 v., c. 26, B. 13. authority is of the corpo- s the council n tlie Consol- such railway, or individu- ' highway on fit. Act, the pro- i give notice len the other the head of parties shall unicipalities itor, and the of an equal- trator, or in arbitrators /Ouncil may, s interested, or between sn a count'r such r ' ^ - )ointed, i,ir. hen, in case the county l^he arbitra- a city or a bitratoi for corporation en or used n regard to md sewers, berested in lead of the ermine the npensation 128 MUNICIPAL INSTITUTIONS. and give n<, ic„ 'rc"rr„ tr'.J''""''.* »««>n':,''!"J ''"''I oppress' ci- wit,, „«,.et to tho';to^:;r(ut„r„gt;r^''''^ *" ""'- copy under the hand of the clerk of thl' ™*™'l '» ^ a true o',prop<,rty owne,. onji^t nannng an arbVritr.l?^: r°n «tt^^ aforesaid, the council or the hp...! ' "^"giving notice thereof a^ name an arbitrator o^behalf of Ir^^^^'l ^-^ ^^"^'^^^^ thereof to the owner oi owners of ^1 ' ' """"^ ^^^' "°*^^^ shall, within seven days «?!«!, '' P''P''*>^' ^"^ ^^^ Matter or their behalf; ^ t^^^'^eafter, name an arbitrator on his a third arbitrator, and their ,„,„i tni''" ''''y'' ''PPO'nt ■",'".'"« '"^ month after the appointment; *" """''' "'""" ™- '^^^l"" e two arhit^t™ 1 ' t^! ^ .'?': receiving notice to do so. or if "> »Pl»intto tmtor within seven ays afterTIi "'«'""*!. ''™'"g •™ ■"■W- Co«n., J„d thetwoarbitriforr,l„„ ! -S^ receiving notice to do so or if '° »Pi»i°"« ment of the St,y na"me1 7 "ir T'" "T"'""' ">» appoint """'"""" third arbitratorTiZ sevL lyrX'*r'T'''r^"" " aibitrator's appointment, or if an arbitraSn. / '"""^ "™«<1 to act, the judge of the coL"y c^H o„ "1^''''' "v "f^''* either party, shall nnmim(« „. -"^ S *"" application of dent ^thout the limZof thr^ •"r'" r*'"-- " At person resi- Perty in question Htuite a^r'^S^y ^ ^^'"^ «>« pro- l-eed t^ hear .nd S^^lhTtu^**- YL^^^^^^^^ unL|effnrX*41t:5"™rc:t''^f ^^ '■> ™«».A.»...«. undei^the corpo^te seal.'a^d autheSiJ^teTLl: mlCTa "-" " provistVt^^trion" S'bf ^p^^iT' '^T^''"^' " «- ■»- t W,^or by the head thereof. iLSS t/f b^Tt^^ "-»-• in i wn're:;e:roni^hThrc»^^^^^^ -^^'^^ ■?'--*» -^^ -. exercising the powers -ef-.-T-d " ?''^.'="P°^tion is desirous of P«i» "e under a byJaw'^Jn that 4al? Zed XheZf'^'t'^ ™''^^''«™ =- P™- an interested in the same piece^^^'pTrty':; ^ote ^Z:^ '""• part *24 MUNICIPAL INSTITUTIONS. part thereof, and some or ouo in another part thereof, and in coao the by-law or any subsequent by-law provides that the claims of all should, in the opinion of the council, be disposed ot by one award, such persons shall have one month instead of seven days to agree upon, and give notice of an arbitrator jointly appointed ,n their behalf, before the County Court Judge shall have power to name an arbitrator for them ; bc'swoS"" *° ,, ^1- ,^;very arbitrator, before proceeding to try the matter of the arbitration, shall take and subscribe the followin.^ oath Co.- in case ot those who by law atlirni, make and subscribe the toilowing afhrniatioii ,ofore any Justice of the Peace : For. of oath. ^ .< J (^. j,.) do swcar ^0. affirm) that I will well and truly ^^ try the matters referred to nio by the parties, and a true and impartial award make m the premises according to the evi- ' dence. So help me God." Which oath or affinnation sha 1 be iiled with the papers of the reference; Vm^i'ir!"' , /-• ^" ''^^<\ the award relates to property to bo entered upon certain cases, t^kcu Or uscd as mentioned in the said fourth subsection, and XptSby ''T' ^^*^' ^3^-^r ^'^^""^ ^^"^^^^"^« "^^ l»-«f««« to authorize any by-law.within f "try or use to be made of the property before an award has a carta, tune, been made, except for the purposi of L^vey, or in case 11: by-law did give or profess to give such authority, but the arbi- tmtors hnd that such authority had not been acted upon, the award shall not be binding on the corporation, unleW it i! adopted by by-law within six weeks after the makincr of the award ; and if the same is not so adopted, the original" by-law shall be deemed to be iH3pealed, and the property shall stand as tlV .^'hT 1^'^f been made, and the corporation shall pay the costs of the arbitration; fS^nfe *'' ^^: ^'' f^^l^^ «f ^^y award under this Act which docs not adduced to be require adoption by the council, or in case of any award to Jn'cSr^*'' Zt^ .^ '""^^^^P^l corporation is a party, and which is to be made m pursuance of a submission containing an agreement that the present subsection 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, for the inspection of all parties interested, full notes of the oral evidence given on the reference, and also all docu- mentary evidence or a copy thereof, and in case they m-oceed 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 state- ment thereof sufficiently full to allow the court to form a iudg- meut of the weight which should be attached thereto ; 14. in certain cases subscribo the 125 Award to be made liy at least two arbi- trators, and subject to Su- perior Courts. Powers of tlie courts in such niatters. MUNICIPAL INSTITUTIONS. «ub,cct to the jurisdiction of «„y of IL Suporior cCltH ""^ ■limmish the amount awarded or othorwii nSv'th?"'' T a» the jusfoe of the case may seem trt^eTourtlo'^^tr"'''' POUNDS AND POUND-KEEPERS. poiltii wiJarmay rIsp;rvelv^"'''iP' 'l"™'/''^ "<» inoor- B,.,„. „ ^ with the rnn«„l:,l„?l rS ? \™^ ??** by-laws (not inconsistent i^"^' "J Inimat): "'**"^ ®"""''' <"' ^*'""''' "''''''tW ^ eruelty ?„ 2" *°"'' PROVIDING POUNDS. keepinroHutrsrirrar^i^rfc'rh*^ keeper to impound ; ^ ^^ ^^ *^^ P^^n^^" P'"^'^'"^- ANIMALS RUNNING AT LARGE. them to be Ji i„ casf theyTnotdSmeriHhfn': S^ "'" "' """ Upper Canal or of the munfcfp^lrr"^ "" of-s.sdoa«.,. victsr»dted™3ryW r8:r±^-*° ^''ir'' '"' -- ««-"»««» respect to -mim,!- ; ^ ^1 , ^''^P'^O^'^^Ona of this Act, with f«r impound- pos^Lsion ■;? t": diXSor "' "''''"'""' ^"'^ ^'"'^'^'^ "^ "^e "" ""^- t GENERAL 126 MUMtlPAL JNhTITUnONH. ORNKRAL PIIOVIHIONS. r««iH.cting ■*•.»»*• ^^"til varied or otlier provisions uro ma(ie by Act of ainSdon:. 1;J^^^« -Verier or occu,)a,.t Of any land shall bo responsible mnt J 1 • ^ '""^ '''''""^^' '^'"^ ^''^^"«'' ''^"«J» '"»n>'tl or ani- mals m^ re h,H own property, and the owner of any anin.al t permitted to run at large by the regulations of tic Ik pa .ty. sha 1 I., liable for any damage done by such Sa" although the ience enclosing the premises was ncftc^t 0!'^' required by such regulations; ^ Se1nS™t ^± Y ''''\ P^'^^r r!^ replevied, the pound-keeper shall ini- geese o^a^n^o"^^^^^ dt ' ""Z' f'^^' Ff' ^''- -' other itX, geese or any other l)oultry, distrained for unlawfully runnino^ mm tor that purpose by any person resident within his division who has distrained the same ; or if the owner of any gee e or passmg on hia neighbours' premises after a notice in writin£r ha. been served upon him of their trespass, then the owner of such poultry may be brought before any ji stice of the neLe and iined such sum as the Justice may direct , ^ ' rn^po^nr^^nL^^'^-f" T^u'^^ P""°^ «f t'^« municipality or place not safe. Z. S '^'!u^'' ^^' ^^'" °^^^« '' ^ot secure, the pound-keener n.ay confine the ammal in any inclosed place v^ithin the liSof the pound-keeper's division within which the distress was made ; be^enTilldT'h-^ ''''^ animal impounded shall at any time . be entitled to his animal, on demand made therefor without payment of any poundage-fees, on giving satisSry s^Sy to the pound-keeper for all costs, damages and Sda^^^^^^^ that may be established against him. but the person distmS aiid impounding the animal shall, at'the time ^of such mpoZd ng, deposit poundage-fees, if such be demanded and wTthin Il^tiT ^T' '^'''f''' ^'^^'' '^ '^^ pound Cperdup^ for dfr^ r. '" r^^'"^ °* ^'' ^^°^^^ds against the owner for damages (if any) not exceeding twenty dollars donlby ^ve irr tie7atr 1 ri^,P--d-.-fees, anr'shtiral'^ give lis written agreement (with a surety if required bv thp pound-keeper) in the form following, or L worST the\m: " I, (or we, as the erne may he), do hereby a^ree that I (or we) will Statement of demand to be made to pound keeper by im- pounder. Form of agiee- MCNICIML INSTITUTIONS. 127 -ay 1. ,,„t iLJ the ^t:l ,; ,„' , t^j f^^ "-'f '""-'■'■"■"'• Im ilk'.ral, or im (.a>4<. ;;,„ ,.|„;,„ r ■^ ^ **"" '^■"' ToveH to th. Haivi A.ii. ,,i',: t;;';: intj "'""*'"'" ""^ >'"' "■ ''^ '"« such person, n.stt>iul of «1ol ;,;«..; ,"v'Vb wiumi iiis j)ronii.sos, no claim for damaL'es dor,,. I,,/ I'^^^'^S"'^"^"' P^pvuled lie makes notices ..ereinaCi:; ^^ Z^^'!:^'^:;! , ""'^ «»- ""^ tii-t- m wnung ot Imvan^r taken up the animal ; ^*> J^n^wn. taiL^ pi:™ „"? tretZalX'^k" n'r " n'"«.r,". "^ - " -»-". cicht hours rhOlvor t„ ii """ • ?"«,'' Poraou shall, with a forty- »""«« »" ha'VinrSen up he aZll"""''r' '^^•K^'■''&o in writing^f S""'" the colour, age ^^ ttZ'ld" rtS'l'TnS t!^''''°' 1 as near as may be ; "iwuciai marks ol the animal, with lnL?:zT^r^hT. 'Cotti "t ^"^'j'"^" '-"•- Bu., „, .« purpose, and shS po»t\t'Vott h °. ■ e^vt l^ ^Z Sf '""I msome conspicuous place on or near the door of hS^ 5 continue the same so posted for nf L..( ■ °'°'^''' ""<■ the animal is sooner cEed b; the ^nerT ' ""'^^ ""' «ame Umrbe'Tf' tKir"ofl„°' M,''™'' *"'^»° »P "' *^» «*« •»'»* trainor shkll cause a co^y Vthf ^tt '7„ Z "'Z^'\\'''^T.IT^'"' newspaper in the countv if „„„•?,■ ■ , P«W>sl>c■ ""^e nerate him for such remov J and^wT 7^ ™* *"*' *" ''«"»'- srt^fatitriit--irF=« purpose o-f such remoM llf :Ufe;Ts;:h1Sa^*^.f ^"•^'--'. tlri™?? ^'"^ P'--s fof t\f remrrjf^t'll'! SX" -' i 1 "^" ^^"''^v«'^j tne owner 01 siiPh +roo Tv^o,. j. ." Proviso .- enti and upon such adjoining premises for f Tf "l^^ enter into to remove tr. without beino- a tresoJs^r w^' ^ removal of the same "«ttobea waste in so ddna InHl J- ^T"^'"^- ^""^ unnecessary spoil or '"'^'^' *°- tive to th s suisfction ^nd K'' ^^^ ^"^^^^^ P^^^^^^ rek" or any sums ofmoney ScomL^dl 7^^ ""^ "T^^^ °^^" usted by three fence-Viewerof^l,. ,! *¥T«^\nder, shall be ad- «hall agree. "^^ ^^^ mumcipahty, two of whom ADMINISTRATION OF^JUSTICE AND MATTERS OF CITIES TO BE COUNTIES, &C. feiftlSi^fpT'^TanTfof'- t-'l\ '^ """"'y «f '-'" - JUSTICES OF THE PEACE. '^'^I^ »K of ; - C =ira«t J^4r^- incorporated *"'^'"^^^''** 132 MUNICIPAL INSTITUTIONS. JheTetT"' j."forporated viii hall ex officio, be justices of the peace tor the whole county, or union of counties, in which their respective municipalities lie; and aldemien in cities shaU be justices Ot the peace in and fnr a^^r■^U r„-fioo . "D-^^iJ^J _l To take same r T- ^ xi. ^ . *""* ''^' ^^^ aiaemien m cities shaU be o\VSotw'Jft/ces of the peace m and for such cities; Provided always i„«t.in.« that before any alderman or reeve shall act in the capacity of a justices 31 Y 38. 4, +• i'xi. *^ ^~"'" "- *^^»'^ ^'""'ii ttuo 111 me capacity Ola c. 30, s.J"«ticeoUhe peace for the citv or county, he shall take the same oath of qualification, ana m the same manner as is by law reOUirfid fnr mafiVoo r,f^\.r. ».«„„„ •' ^ Qualification and op.thB of such persons as justices of the peace, when dispens- ed with. required for justices of the peace. 358. Justices of the peace for any town shall have the same property qualification, and take the same oaths as other justices of the peace, but no warden, mayor, recorder, police magistrate alderman or reeve, after taking the oaths or making the declarations as such, shall be required to have any propertv qualification or to take any further oath to enable him to Lt^ a justice of the peace. become S, ^^®- ^^^n a town has been erected nto a city and the SSs oT" T ,^ w ''^^ ^""l^. organized, every commission of the peace tocease. P^^^^ theretofore issued for the town shall cease. JicTsl^Ce , ^f ^ '^"^^^^f of the peace for a county in which a city lies no jurisdiction sjiall, as such have no jurisdiction over oflfences committed in QVsS:^'g'e"s* t"^^''^A W *^1^^"^^^^« ^f ««"^ty justices shall require to ie sions^aybe mdorsed before being executed in a city, in the same manner held therem. as required by law when to be executed in a separate county but the general and adjourned Quarter Sessions of the peace for' the county may be held and tiie jurisdiction thereof exercised m the city; and any justice of the peace for the county may issue any warrant or try or investigate any case in a city whei the offence has been committed in the county or union of coun- ties m which such city lies, or which such city adjoins. fpSTor""^ P ^®*- ^f^^^ herein contained shall Hmit the power of the towns. l^overnor to appoint under the great seal of the Province anv Jurisdiction of f^^JJ 7/" ?f Justices of the peace for a town, or shaU interfere county jus- With the jurisdiction of justices of the peace for the county in txc^m certain which a t.wn having no police magistrate, is situate, oveTo? fences committed in the town. . ex ui What only 36^. Bhaiiben'eces-,,^':'"*- ^^^ s^aU not be necessary in any conviction made saiyin con- UDcler any by-law of any municipal corporation, to set out the ^c^ns under information, appearance or non-appearance 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 foUow- uiui SCHEDULE. MUNICIPAL INSTITUTIONS. SCHEDULE. PROV^CE o. Canxba. I BE IT REMEMBERED, .o™. To WIT. 'IH 'at """^•"'.u of A T^ ia T • i.' J 1 . '^^ *^e county the said county of ; paa,ed on the °' day S to forfeit and pay the sfm of f ' k -j ™'^ °'^™'=''' acco^din, to C, and Z J pa, to/^f eX-S 6«,) I order that the same be fevied bv distress t^/'sarof"^^ goods and chattels of the =nid A R "'ftress ana sale of the distress, I adjudge the SmIb'T hi" •'^'''^'■'*°'^.™.'«"'=-" co™n„njaUoi!th?saidco"ntyof 'Z^r!'/" bl'' lock-up at N fn^ fil X. ^ ' ^ --'^ P^^lic the said several sums and nil .l^P^'^""^ i ^ ^ unless the said A. B. toSjifco^t^l^prstte^^^^ .S^r^ -y "-^^t^Z^^ and year first above 133 [L. S.] J. M, J.P. CHEDULE. aofbyllaw.^rtSslf Z'l?"^ ^^-JfT- " '"' "'^ ^--"^ "f "-P-"".- ev4/ce in'tretrCLrrandTS slfXtT' «'? --^-^^ iuarily unir tat:trw in Ur " °"" ^^^ ^"- jurisdMlT/aC^::lt"uS"anrb: r""'? *''" ''^™ ^"-««»' pality in such county, wh:^:': isTo pStTmtSe"'"'' "-"•""" t. »forc?tL™irw ;iS t: ?■■ *"^-" "^^y "f " T "- p»- ««^»' -V require it but oZ ,md». tl, "'™!"P»'I"ty should exi;Te„cies »" «ut pJ^e. *eriff of k c»nty"ryr.'\rW rsr'""" '" "'""'' "'<' '°™ " »66. The head of every council, or in his absence the chair- H»d,„, man 134 councils to administer oaths, &c. MUNICIPAL INSTITUTIONS, man thereof, may administer an oath or affirmation to anv fheTuncT"""^ '"^"^^""' ^^ ^''^'^ mattertbmittedT POLICE OFFICE. Police ojffices Qfiiy rpi, ., in cities and , •»'»•• ine council 01 everv town and ^ifv cV.oii «„+ i-v i. towns. therein a police office ; and^theToHcf m'^itratl or tn ht absence, or where there is no police magistmteth; mvoro^^ the town or city shall attend at such police office daSfor at such times and for such period as may be necessary for tb! town may atT "^ J fll P'^'' ^T""^ jurisdiction in a aHheZlice ok „ ^' •'"^^°' *^'''°^' ^^^ ^^ ^^^ «tead attenZ^i:^^^^^^^^^ oT^uVdTci; 3^^^^^^^^^^^^^ l:^IrT,:ZX'''''''''" byUlamation foT'a^^S^ RECORDERS' COURTS AND POLICE MAGISTRATES. EECOEDERS' COURT. i?^^:i,^if''^ ^^^^^ ^® ^^ every city a Court of Record to bo df alone frZ^'^.''?^ '' '^' ^^*^' ^^ thereinThe R^^^^^ der alone, or assisted by one or more of the aldermen shall preside; or in the absence of the recorder, or when tTere' ffno recorder the police magistrate or mayor (a^d Tnthe^ absence Zrf.u" aldermen elected by themselves), a^sisteHy one ?; more aldermen, shall preside ; and the court shall, a^ to crimes concern' T ^^^^^^^^^f '^' <^%^ and as to nmtTers of c" i concern therein, have the same jurisdiction and powers and use the bke process and proceedings a. Courts of Qui;? Ses sions of the Peace in counties. ^ v^udner pses- RECORDflRS AND POLICE MAGISTRATES. lification'oT^" ff9. The recorder shall be a barrister of Upper Canada of not less than five years standing. ^^ '-anaaa ot Recorder's Court in cities Jurisdiction of. Sal recon of lanr oi order. SrO. Every recorder shall receive a salary of not less than out TZ"t f "r? '"^ ""t- f'^y ^^^11 ^^ Wd from anS defrayed ^^'"^ *^' '^^^'^ of county judges are o ce magis- 311 All cities, and all towns having more than five thou- 31 v., c. 30, s. ?* '^«h P«li<^e magistrates shall not be less than on the follow- 39. mg scale, and such salaries shall b^ naid hoif-..^a>.iv bvX city and town municipalities respectivefy: '"" '^^^^ ^' In nation to any r submitted to shall establish rate, or in his , the mayor of ice daily, or at Jessary for the justice of the isdiction in a ct in his stead i necessity, no Day, or Good for a Public ISTRATES. Record to be in the Reeor- dermen, shall 1 there is no heir absence, id by one or as to crimes tters of civil powers, and Quarter Ses- }r Canada of ot less than ed from and Y judges are 1 five thou- the salaries the follow- by the arly In MUNICIPAL INSTITUTIONS. -^^ +}iP nnnnio+,-1 • ' ' hundred dollars per annum ; where "^a&istrate^ eight thousand, one"^ thousand ' ZuZ tl Z^^°vZZ''l P ■ In cities— Twelve hundred doUars per annum but anv «alarv r such poUce magfatrate°,:U?m itlffit °™'""''^ '''"^' JVi. Every poHce magisL.te shall hold office during plea^w.., oiSce. bet^LfoI^t'hrpeTce^t PttXrr^ =^" "t "^"-^-^^ "* holdioffice,a.welirf:/rtun|o° n^Jon^^^^^^^^^ which the city or town is or was situlte ; CtTother tetiS ' " °'^- Ses:,:^rnc-r-fti^--i^.f2H- THE CLERK. oth'riielttlhf fo'unTof th?:-/^ "V "' *°™' " ^-h ci„.„,po.. for thaLurpose. AVb^helrk^n^;;; 1°^ oS Stf "'^ "' '' dPrt^f ^^ '^^' ^^^'''^' ^^^ ^^«^i^« the same emohxments a ^^^'^^^^^ clerks of the peace- anrl in r»oa^ +1,^ -j i Y ^^*^^""^5"''S as corder'a Conrt them are or iVnTirl ^ / ^ *^,® ^^'^ clerks, or either of fees or salar^ shaU be Da?d bv fW ^ S- ^''!'^ 'f^^"^' ^^^' ^^^^ emoluments SESSIONS OF recorder's COURT. 4efr'fJtH"::,tn's^^^^^^^^ tuTaTl^tlSIKrceXr^^^'^-"^-"-^''™^^^^^^^^ 371. 136 MUNICIPAL INSTITUTIONS residents of the citv sdPoST ' • "^^' I'^^''-^^^ ^^^^^ ^c relating to jurors ^' ^"^ ''''^' "' J"^'^^^ ""^^^^' <^^« ^^w.s High bailiff to ST'T Tk„ i • i. i •!•«. „ elected to aSt in tLVecorS nkn/ '''' I^"^™' '"■tl'"'>l'i«™a„ by the laws relating to jZ-i' '^ ' '" *''" ""'"''^■- "PP™"*"! Costs of per- 'ITS Ht^ +1 -xi i « o-^iSSf" in a Eecorfe's'coTt thelSi?"'^ "f ,^ "'-demeano.- satisfied that therTwas reSabr.^f'"'''' l''n ' '' "'" ™"' '» prosecution order the rnTTl 5 . Probable cause for the EXPENSES OF RECORDER'S COURT. Expenses of Qiyn rpi „ „ , INVESTIGATIONS BY EECORDER UNDER EESOITr TION OF CITY COUNCIL ™^°^^- SsSir., 'fu?i„„\r%-''' .T"""' "f'^nyityatany time passes a «t«rge.ofio»l- ■^"^o'ution requesting the recorder of the oitvtn in„r„i- P /^™ " f.«S,ce. matter to be mentioned in the resoluUon ,/d ll I- ''f *^ '^>' posed malfeasance breach of wtn!^,,; """^ '.'='**'"« ^o a sup- part of any member of the cou™ 1 or officer oTtTo^* "I-"'" or of any person having a contract th^t^^^ltveSlloZ t^ rrre r=^^^ :^-% Si?" enquiry to be made into or concerning anvWf "^T^ with the irood ffovPrnrriAnf r.f +1 •? ^ ^ matter connected part of thf ^Yb^Znl" ht^of'td" if 'the™"'"''^ "{ ""'' time passes T resolution requSg' thf recolr ofX dtv'^^^ ..„.„. sru^f^tS-^jL^i^rrf^x^^^^ ersunderCon- under the Consolidated Sf?+nfl In ^7 of commissioners aolidated Sta- „ ."^ '^""''""ciaxea tetatute of Canada resuertino- in^,,;,,;^., tutes of Ca- concerning public matters and official notices Tnd Z r^^.T CITY of twenty-four !ss than thiity- ersons shall be indor the law.s iparate county jurors, under r the alderman ner appointed misdemeanor f the court is cause ior the by tlie clerk, MUNICIPAL INSTITUTIONS. CITY DIVISION COURT. 187 bice in crimi- 3d out of the 1 to the like on of justice ' Sessions in ' RESOLU- ne passes a JPtigate any ng to a sup- duct on the corporation, ition to the ■ person, to fit to cause ' connected uct of any ncil at any the city to same, and mission ers : inquiries e recorder the result CITY S^IvM:'^:Z^ ^^^:: l-tent under the Great Biv.ionCo„H Court of that division of M ^ ! ??" T*^ ^'°'^ ^^^ Division maybe heldby and insuch case "^L T^^,^^^^^^^^ in«l»^es the city : ^^'^«^'^'''^- voked, thererLlallT/' J^ better patent remain un^e-' perform the Xtit o "w^p K /' ^'- ^'? ^"/^ P^^^^^^^^ ^"^ Judge as Jure of the S^ belonging to the County Court the authori yCl ditie^ 0^^^^^^^ 0^1' T^^"""^r ^^^^^ period ■Division Cou^rt ^hal^eX^Wn S^^^^^ be pSd trtL'^RToXl^.rJof ^''" '? ? ^--1 -^'^^ to Saw ^ Jiad'^in fixing the same to ^ ™'"F !^'^' '^''^'^'' ^«g«rd being J-^^of Divi- jurisdiction VsuerDfvisLto^^ ''^^^^"* ^^^^^^ thf ^'"'^ ^^°-*- the Court to the fee fund th^amo'uif' fT''''\ "^^^"^"^ ^^°«^ corder a^ such, and the Amount ofTv. ''" '^^^'^ °^*^^ ^^- Court Judges in Unner Pn^^^ wf '^^^"^'^ ^^ ^^^ County to bealtereTin the^hke wav r^r'i ^n^^'^^^^^ «^^^" ^e subject fund and in the like manlT^r.h f ^' Ti^ °"* ^^ ^^^^ ^^^e in and for the eoun^TXh ^!L^ ^^Ts Itt^J^"^^^ ^'^^^^ Cour?he™i n'ot'^rrS; t T'S *^ !;°^^ *^^ ^--- ^-d.. solicitor or poctor in' any'Lrt tft^ot"^^^^^^^^^ ^"°"-^' gS.el/^e or!bstnc'^;7el't^f^^^^^^^^^^^ are in force, the Judcre of VCn . .. ^''''^ ^^^^^""^ patent ™/f pro- which the city lii mav officL. r ^i.^T^ °^ ^^'^ ^«^^*y i^ such Division Court ^nd ?n ""^i,^^^ Recorder as Judge of the office oTtL CoX rin^^ ? I -P^'^^^ pertaining to Recorder may! by a^l'nst?^^^^^^^^ «rthe ^ . seal, appoint'i Stefo^^^^^^^^ Judge of such Division Pnn,.f ^ -li, vP ^ *^ ^^* ^o^ him as ^ butio such apSment 2"' ^^ ' '-^'^''' ^' ^^^""'^^^ ' one month unE?enreVLlk\tr " '"" '" "^^^ ^^^-- cau^se wh&rs' thtrpSLtl^r*^^^ ^ ^^^^^^^ ^^ *^- -- 0. sary, and shall be execute nf-r ^h^'^'"" contained neces- shall file one of the t^Tlt ^- W^«.^*\ ^nd the Recorder of such Di^'sion Court'^^^^^^^^ *^^ office of the Clerk so named to officiate fo^h^'lnw^Tf °'/'"^ *^ ^^^ P«r««n the third to thTProvin^r^. .*^'' *>'T^' ^^^ ^^^^^ ^^^insmit Governor. •^^'^^""al Secretary for the information of the 386. 138 MUNICIPAL INSTITUTIONS. Competency of jurors and witnesses Exemptions of citizens as jurors. Exception. .t=™3 »8«; T';o Governor may, by an instrument under hi, Privv JURORS AND WITNESSES. COMPETENCY. 387. In any prosecution, suit, action or proceeding to wKinl. »™x:^st"z\rLrnt"^^^^^^^ an meompotent witnes.,, or bo liable to ehallenge a^ a^juror ' EXEMPTIONS. all™nJo'',%wrw.e ''^,? "■'>'■'"" " ""P-'^te county for tha!;/eTtyt':^::rc!;'u:Zf irei,,r;ss fc wi,lwr"'T ?""? «<'"<"''' G'"'' BelivLy for tL Comtek HIGH BAILIFFS AND CONSTABLES constables for each ward nnrl fil ^ ^' ''''^ '''' '"°^« hold office duri„;1h:::ii ™^„f4e''crnd,.^° ""P""*^" " Arrests by con- *tUl Tv, ^ Htabies for al- ^ '*•'■• -In case an}^ person complains to a ohipf nf r^^ii^o leged breaches to a Constable or baiiift in 1 tnwn 1^ «■+ r I ?°"*^^' ^^ oftb_epeace peace leaving been t^^t^dTndn'L:^!^;^^^^^^ tnough not m his presence, and that there is ffood reason tn apprehend hat the arrest of the person charged with coZ°tUn° neXf'tirbrY '? fr'^°' ■>=■' ^^'*^ or to pT;ent ! gives ^satisfactory security to the officer that he will Vithoif delay appear and prosecute the charge beforrthepTl L M • trate or before the Mayor or sitt n- Tn.f- ^\^^^l^^ Magis- ^icivui oi M Wing Justice;, such omcer may, without High bailiffs and consta- bles. Chief consta- ble. (not within view) when sanctioned. tider his Privy ■ he thinks fit, lent under his Canada to act )ointed by the ding to whicli )fiicer or ser- )eing such, bo IS a juror. te county for ies, any other i Prius, Oyer he county in ! the Superior high bailiff, li bailiff and 3e as herein- ihall appoint ne or more )ointed shall 3f police, or each of the officer has committed, 1 reason to committing o prevent a ' immediate iomplaining all without )lice Mafifis- tracer may, without MUNICIPAL INSTITUIIONS. jqj. without warrant, arrest the person charged in order to his bt^inc conveyed as soon as conveniently mav bo bofort^e MaSate Mayor or Justice, to be dealt with according to law. ''^'^'•'*'' Mayo?- ^ecordor^LSTo?^: M^^ \ ^'""''^ °^ ^"^^''^ every Untn a board dictin, Bus^td^rl'^^t: t'lT'peS' "t" 1"^ J^-" -'^^^^ ' "'" the chief constable or constable ^^1,?+ ^f discretion, mayor. &c., if he chooses, app'jint sore oter perLnTo 'the'oifir. "•^^' ^00^^ BOARD OF POLICE. OF WHOM COMPOSED. Com'tsWsof 'p,?;;*^'''''^' 'TY """^"'oted a Board ofBo.rfof of the board, or two persons so resident to be memben Thereof rower'to'rmmZ ZT' ^"^ ^"f' »"™i-onors "shjl C^ P..™. to ^onneetiv^rtLiii^srtirrtSdSV'' "" -"^"^'^ QUORUM. ' quorum. NUMBER OF THE POLICE FORCE. a.'maVco?sS:s"otLr°"„t* "' " t" °°™*»"'' ^d N-b.,,, p„. council from ti^e t ' t"^e d "",** "^'st^'-te as the i.'JS'S:'?'"- Kr.^ +1 'j^-i 1 , ^ ® deems necessary, but not leM<5 in num '"'^^^ ">■ ^no ber than the board reports to be absolutely requTed APPOINTMENT 9 140 MUNICIPAL INSTITUO - )N8. APPOINTMENT OF POLICKMEN. Their oath of office. " Sovc™;™' iliT.r fj"" ^ r"l «'«" 'vn,l truly »erve our "for the ^ "«; Q"«™, m tho olH™ of Polii O„„,tablo "malicn or ill .^Mi 1 11 , T . ^'™™"'"™ur or atfoption, •■Z» (hi i "l"" ,"'"' ^ *'" to "1° l»»t of my power "aZffel,Sn,t ^ '"'^' -J P-orved, and willVre„t 81 Vie, 0. ■.41. 30, POLICE REGULATIONS. 398. The board shall, from time to time, as they may deerii it, make such rftanlnfj^«. a... .u ' "'•^ "^^^ ^®^"' Buties of. Board to luake rCe'effideKtf"^rT'^^^ ? abu.se'rdr Tend r ng line loree etticient m the discharge of all its duties. POLICE SUBJECT TO THE BOARD, &C. tobi^BuS*" ?^^ '^^^ constables shall obey all lawful rUrP^fmnc .r.A u .cH^bo^. subject to the government of the\olrd and la 'bTchlod REMUNERATION AND CONTINGENT EXPENSES.. amdcoXgenV. ^^^- ^^^^^'"uncil shall appropriate and pay such rpmnnpr« AC4uut;u oy tne rJoard oi ( -om mission pr^ nf Pr>iinz. „». i i, n provide and pay for all such offices wateh-hLS^^^witehbo^e the pty";:Ltroor.^od^at!™Vtu^?fTt:^^^ ^''''"'^^ ^" 400a. The Board of Commissioners of Police in cities ^hall onToftctrrrhund 'h ^^^ ^°^^^^^^ by srbsTctbnTh r'ty- Znc Is and fo^th^^ and ninety-six, instead of said city councils, and tor that purpose, the said Board of Commissioner, of Pohce may pass by-laws, and enforce the sameTS^^^! ner Licenses of cabs in cities. 31 v., c. 30, 8 33. To pass by- laws, and enforce the same. ippointcd by J, aiiil «haij y Morvo our 36 Constable or affoction, f my ()ower, will prevent er Majesty's mid office, I arge all the may deem aent of the r rendering )ns, and be be charged preventing -pprehend- )wers and )nsibilities 'emunera- s shall be and shall ;ch-boxes, s as the jquire for ties shall n thirty- said city lissioners the man- ner ner MUNICIPAL INSTITUTIONS 141 COURT HOUSES AND PRISONS. OAOLS AND COUBT HOUSES. Hon and li™i„,. ..f I., i n ""Uhc, gaul, I.ouso of correc- f' "'w l»» iiuii, una 1 oiM ot industry, upon land boinir (1„. n..„. . /-''yl"""'" , tlu, nmniciimlity, ,u,d rf.all ..reserve andL,.F''^ •"' ''""''""^■ repan- and nrovidu tli<, f.,„,l f. i . f\ *'"I' "'" ""me in for thi same' " ''"'^- '""^ »»'' »"■«'• ""PPlies required cou1,**in'''whi?r!; toTn or°eTv"ot s™" f .T""™ "^ «"> «»■- from a eounty, is situate'sl.df X' bTZ'^t're" ' I'T "^ '""»=» ^st fch^a^ersif! r- " 4»'dS, x^s'e-? city otherwise direer and >L 1 "°.r ""' , "■« '=™"«" "f the •"^*^- th/gaol and hou e ^^ ior^oet L, stal? ' ^'"'''' "?'' ?™P" "^ until duly diseharged^aV ^eSns iSw X' ™/"'^ '"='=''• competent authority of the 'town or city ^ ""^ lJs?ofStil"lYtI'r„tnie''%"™^''°"^V'^'»\^°»^-««» to the county ,„eh compe^sSnVer fof I„d ff^X t""' P"J '"'°°'^'°™ maintenance of prisonera as mav 1» m,?. ii , """^^ ""'' refuted md be settled by a.&tration'und™Thk Art '^ "^"^ "P""' » ""'•■ pen "tlon^arinVbte; t J^e^^ "^ ^'^^ '''<"" ">■* »°»- *^» '"' and*pro^drr1ho^ToZr1^ ""-"^ T*' P^'^'^"'*' i^Prove Cit, .,„„i^ house^of eorreetTon^a^dCo of 3X unon iIL'T?" '^'- STL, property of the municiDalitv .L^ ^ ^v ,'^^ ^"^ ">e gaol, ho„.«'„t an/of Lh pur^r '^'"^^' ""'' """y P"^ by-laws for all orKfj??."«> dustry. 406, In case of a separation of a union of counties, all rules v^ ..p™. and 142 MUNICIPAL INSTITUTIONS. ^tS^r^sf'^l-'^^^^^^^T^ a.r matters and things in any Act of regulations to -farliament for the regulation of, or relating to court houses or contmue. gaob m force a. the time of the separationfshaU extend to the court house and gaol of the junior county. LOCK-UP-HOUSES. Lock-up- houses ma "^rif ?Yi^« * -^^^^ T^® ^^"""^"^ °^ r^'^y '''''^''^y ™^y estabUsh and main- "?nt~^ ^^'"^ ^ ^^t'T^T^ or lock-up-liouses within the county, and ^^untycoun ,3tabb ji and provide for the salary or fees to be pid to the constable to be placed in charge of every such lock-up- tToTtheTuntr '''"^"' '' ''^ ''''-' ^"^ ^' * '^ ^Sd^in**" '^^^- ^^very lock-up-house shall be placed in the charge of charge of. a constable specially appointed for that purpose, by the maais- trates of the county at a General Quarter Sessions of the Pe^ace Who liable to confinement in, &c. 409 Any Justice of the Peace of the county may direct bv warrant m writing under his hand and seal, the confinement in a lock-up-house withm his county, for a period not exceeding two days of any person charged on oath with a criminal offence whom it may be necessary to detain until examined and either dismissed or fully committed for trial to the common gaol, and until such person can be conveyed to such gaol : also the confinement in such lock-up-house, not exceeding twenty- four hours, of any person found in a pubHc street or highway m a state of intoxication, or any person convicted of desecrating the babbath, and generally may commit to a lock-up-house instead of the common gaol or other house of correction any person convicted on view of the justice, or summarily convicted before any Justice or Justices of the Peace of any offence cog- nizable by him or them, and liable to imprisonment therefor under any statute or municipal by-law. Expense of Altk n^i, « /» conveying and . **"• .^^® expense of conveymg any prisoner to, and of keen- SnS'°'' '"^ 'V ^ l°^k-"P:house. «liall be defrayed in the same man- pnsoners. ^er a^ the expense of conveying him to and keeping him n the common gaol of the county. - up-hluses to''" ^ ^ M • Nothing herein contained shall affect any lock-up-house continue. heretofore lawfully estabHshed, but the same shall continue to be a lock-up-house as if established under this Act Look-up- housesToVper. ^J^^' T,^^ ^o^^^i^ of every city, township, town, and incor sons Bentciiecu to short im- prisonment. „ ,.1 ....„g.,. mctj ^,j- uj-ia,w3, usoauiisn, mamtain and regu- late lock-up-houses for the detention and imprisonment of per- sons ^, MUNICIPAL INSTlTJTXTOJ^g^ examination on a champ .^f W ' • persons detained for of persons de'iLd /f tlLSioTtra^^^ house of correction either fnr^^'f} • .^^^ common gaol or sentence ; and su'chTo"sS W aD r^^^-^ ^^-7 authorities confen-ed on countv 001,^..^ • ,*^? P''^^^^ a^^^i houses; two or more SalTunioS^' '"^ """^^^'•^'^ '^ ^'^^^■"P- and maintain a lock-up- W^^^^^^ °^^^ "^^*^*^ ^«<^blish HOUSES OF INDUSTBY AND REFUGE. from f-co'ut/r^ilre'a^ e^f^-' f^^. '^^^ ^P^^^ed industrial farm, and S withi^ w '"^ ^^^^1^ Property for an of this Act, establish a Vuse of C'-^""'^ ^^''^^ ^^""^^ '^ fuge, and provide by b^laX the er-^7 / ^^"'' "*^^^- and for the appoi^tnLfpayrient ^^^^^^^^^ keepers, matrons and other servants for +K ^f inspectors, care and management of Ticb wl? / t \^ superintendence, and in like mafnTr make r"l- f' ""^^ ^^'^"'^^^ ">'' ^^^^d to law)for the g'ernm"^^^^^^^^^ any two or more united counTiprJ o '. ^^^^^^ed always, that counties, or any c?tv and nl ^' ^^ ^'^^ ^^^°^« contiguous one or more countTes mavT.U f T' ''^^,*^^^' °^ ^^^ *<^^^ or and ciunties of town .nW^ ^ ^ "" ^^^*^g«o«s counties, or city the same ^i^VZri:^:^^^^^^^ "^^^^^ -^ i^-p u^ ofSilJn^^traS^^ ^^^^%.^--^ orw.oH.Me. regulations 'a^dTrt^l/ttf^^^^^^^^^^ *° ^^^ -les, portii^tsdtf ^^^^ - -apableof sup-,a..e.. exfrci^^gCoTdb^^^^^^^ tfrt °^ ^^^^-^ life,and Lewd, gain or pLure anXLst tm" "^ ^^"'^^^^'^ ^"«^^^^"* *« hei^^x^ ^^^ '""^ ^« «P^^d *heir time and propert- ^^ -^-M" - ^0..... .u .ne neglect of any lawful calling ; ^ "^ ' "^ ^""^"' pub^tt.' 5. And idiots. 113^ County coun- cils may erect and appoint inspectors of Houses of Industry. 31 v., c. 30, 8. 42. Proviso : as to united or con- tiguous coun- ties. 415. Idiots. a!<«»»>~«^ ^^^ -" pur- Cit, ,.oia .. county gaol or ?ou/house Zt "'/ ''^f'"*" from the ,4^^^^ court house shaJl be rSed bvT f f'^ '^^^ ^^^ ^'^ ' council. regulated by the by-laws of the city FALSE DECLARATIONS. a misdemeanor punishaK^Sfcf ^^ ^^ '^?*' «^^ ^ {^it^ltto r ^*^ '^ wiitul and corrupt perjury. beperjur7. INTERPRETATION CLAUSE. texfwhe^^t^t':^^^^^ ^^the con- x„te...tio. -an^gs hereinafL e.^Ife^^T^l^:^:"^^^^^ ''^^■ bitants of Xc1i'aSct?StedTnT ^?Z ^'T^^^' *^^ ^^^a- MunicipaUty. not mean a police v-ilWe ?^ ^^^ ^^"^ ^^"^ "^^^^ ^"* it does *»-' »»s^pi? -noil sr It itt'f <=»-'=" - p- C-- 3. The word " pnnn+t,- » ^ »11 nghts thereto and interests thereto ; '''"=<'''*»»te, and «««- 6. The words "hio-bwQ'.r" « j» ^pectively a public hferoad^^fbridge?""^'" "^^ ^Sfe' time SngTtototttticrpTfwlP^'^^^^^^^ f- the EU0.0™. -ir4t^;vrj;' di;;tt et!rf» '-».■ % ^^p-*^ --^ oept u. so far a. ..spec*, th^e Sl^ I'^LT^^^ \ ^- 4 orfeaZto^'h^uda J " "* ""* '° "PP'" *° »' '""Me Sun- N„t d.,. CONFIRMING 146 Exception from repeal. MUNICIPAL INSTITUTIONS. CONFIRMING AND SAVING CLAUSES. 423. So much of the schedules in either of the Municinal Corporation Acts of 1849 and 1850, as define the Hm°K boundaries of any cities or towns, being Schedule B of the Act of 1849, numlb( two, three, four, six. seven, eight, nine ten and eleven, and feciiedule C of the same Act, numbera^e' two and three, and Schedule B of the Act of 1850 numbers' ol' five, twelve, thirteen, fourteen and fifteen ; ' F^herexcep. And also SO much of Schedule D of the said Acte of 1849 and lli^ ^ relates to Amherstburg, and also so much of the two hundred and third section of the said Act of 1849, and so mZh of rJsl ![ T^ir 'l''^\'' '^ '^' «^i^ ^«*« rdating to any ofthe Schedules thereofas have been acted upon or Ss are in effectTn/7"^*?^%^-^'^^"P^^ ^' *^^ *-^ this A^rtaVes effect and all proclamations, and special statutes by or unde? which cities and other municipalities have been erected, so far ThX^o^Lt^rftr ^ *'^ ^^"^ ^^' ^^^ ^-^^-- *^--^' 424. All proceedings on behalf of or against any existing UmciDal cnrnnrn+inTi nv T^^1i«« + j. °t , jy^-^ovm^ Pending pro- ceedings to ,^„^- • 1 * ','. — »" "" '-^"«" ^i- ^ wi^ucj. iuiiiier enactments arc ed. confirmed, except any matter which has been or within one year after the passing of this Act, may be made the subject of proceedings at law or in equity. ^sauject oi Previous offences, pen- alties, &c,, may be prose- cuted and en- forced. Commence- ment of this Act, and of certain provi- siouB thereof. 29 & 30 Vic, €. 42. 426. AU offences, neglects, fines, penalties, moneys debts and other matters and things which immediately before hi^ l^t goes into effect might have been prosecuted, punished, enforced or recovered under any former municipal Act, may be prosecu- ted, punished, enforced or recovered under this Act, in the same manner, withm the same time, and in the same nkme, Td by the same process and proceedings, as if the same respectively had been committed or mcun-ed, or had accrued or become due or payable immediately after the taking effect of this Act. 427 This Act shall take effect on the first day of January next, (Anno Domini one thousand eight hundred and sixtv- seven,) save and except so much thereof as relates to the nomi- nating of candidates for municipal oflices, and the parsing of by-laws for diyidmg a municipaHty or any ward thereof into electoral divisions, and appointing returning officers therefor, whicn snaji come into ettect on the first day 5f November next! and MUNICIPAL INSTITUTIONS. September, one thousand eight hunfcd anl^S^-tel;^.'''^"^ 147 Crovemor may cau&e extra copies of chap- ter 51 and of chapter 63 to be printed and distributed in- corporating this Act with chapter 51. inconsStenf ^fl i -^"^ ^""^ enactments repealed by or Distribution of such copies. 4»». This Act shall apply to Upper Canada only. Act limited te T] as fo] 2. : mean cial 6 includ Union "GOUE words ToWQi not ap Local ] someth structi( A COMPILATION O? ACTS TO AMEND AND CONSOLIDATE THE LAW RK8PKCTING THE ASSESSMEJ^T OF PEOPEMT IN THE A.D. 1870. (Assented to 2Srd January and Uth J)ecember, 1869J ff le^datS^^^ of the'; ''"'" ^"/n^^^^* «^ *^e Prea^.i,. as follows: ^^^^^^^J of the Province of Ontario, enacts PRELIMINARY PROVISIONS. 1. This Act may b« cited aa "The Assessment Act of 1869." Sh,rt ««.. cial Gazette o™he P^v^e 'of Onr''' t^''«''>'^ <^- ""^ includes a Union of pl^t^j*^"' the word "County" Union of TowSpswMlTs.ci.n'^-"'' ''^r'^ " Township '-^a "Comity CouncU^JnTS.TF?'°'',™°*™«s. The words words "ToZ^^d vS" ^™'°'"^ *^"?°*y ^^""^i'; the Town and wl^f thfS '■ wS >■ 3" ''*'™'^ Inco^ated not apply to a^riwn Cwar^?l'«"°^^.T^P'^„^^...<'''- 160 ASSESSMENT OF PROPERTY. Mewing of 3. The terms "Land," " Real Property," and "Real Estate/ ' "Uni,'' &c. resp^tively, include all buildings or other things, erected upon or affixed to the land, and all machinery or other things so faxed to any building as to form in law part of the realty, 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. ^^f . f • 7^^ *^™« "Personal Estate," and " Personal Property," property," &c. include all goods, chattels, shares in incorporated companies, interest on mortgages, dividends from bank stock, money, notes, accounts and debts at their actual value, income and all other property, except land and real estate, and real property as above defined, and except property herein expressly ex- empted. 11^ t J ^p'^S?' ^ '^.^^ ^^^^ "Property" includes both real and personal ^ ^ "^- property as above defined. SrtXcai. ?• Unoccupied land shall be denominated "Lands of non- led "Lands of residents, unless the owner thereof has a legal domicile or «?ept! &c ' Pfce of business in the local municipality where the same is situate, or gives notice in writing, setting forth his full name, place of residence and post oflice address to the clerk of the municipaHty, on or before the thirtieth day of January in each year, that he owns such land, describing it, and requires his name to be entered on the assessment roll therefor, which notice may be in the form and to the effect of schedule A to this Act ; and the clerk of the municipality shall on or before the first day of February in each year, make up and deliver to the assessor or assessors a list of the persons requir- ing their names to be entered on the roll, and the lands owned by them. In the case of railroad com- panies, etc. 7. The real estate of all railway companies is to be consi- dered as iMids of residents, although the company may not liave an office m the municipality ; except in cases where a company ceases to exercise its corporate powers, through in- solvency, or other cause. PROPERTY LIABLE TO TAXATION. itSXllur' ^\^^ municipal, local or direct taxes or rates, shall, when Bpontherat- ^o Other express provision has been made in this respect be teo^o£ ""'f equaUy upon the whole ratable property, real and per- provision ^^^^^' «/ ^^e municipahty or other locaHty, according to the made. assessed value of such property, and not upon any one or more icinds ot property m particuiar, or in difierent proportions. ASSESSMENT OP PROPERTY. a that is to sav ■ ■" '"' following exemptions, '? ii.b!. ^ •^ * taxation. Kxemptiona. for Hpr iMoJ^c* •'^ r ,;^ corporate, officer or person in tmsf belonging to perBon^in an S'^paSt """™'"' " """" '^' "^^""^ '■*■ ■»*• numi7^nT,roru''pTed'brar''* '^ *>"» P^'^ing clause B„.„«™„iM aji official ckpLi?; le occLant\rairL°''^°™T. ^l-™ m »«' »"'""'^- thereof, but th'e property ZK^utot b^liSr" " '■""'''* wil^^'eLTcTjS'^drb^u^il:^;:^^''-''--^^^^^^^ DorafPfl «Am,-5„ Incorporated grammar school, or other mcor «oi»al institu- used and occuded by such inS^ ?■ '"'' '^'™"y if otherwise occupied ™*"''"™. »■• >f unoccupied, but not hai?iS7or"iLrh:i'':n;rZs "'V'r ^ *-->'ip.cw>...e. pubUo hospital, wiTVeZ-d -.H.T J ?i'''''^"P-''°•^'' ^nd °'""'""' ""' aonal prope^rty beTon^ng ^'^''^^Thrm. '"'"' '"''' "'^ P*^^" (6.) Every public road and way, or public square. but not when oceuZd hv^^tr ''°''' thereof or unoccupied; P~i»«)'- otherwiJ Vw P ^ ""y P*"^"" "s tenant or lessee or pu';™ hereof" ' "™* " °'«°'=^ "f "- corpo:.ti«n foTthe (8.) TheProvincial Penitentiary and the land attaohedthereto. P„™olM 4^toe^"ortts^^TiuSr':'T "-v-p'-"' -"•- with the sarnl"" pr^puixy belonging to or connected (10.) 162 ASSESSMENT OF PROPERTY. Imperial Mili tary or Naval pay, salaries, pel 'ions, etc. Pr ;perty of ofrcerson full pry. 33 V., c. 27, 8. 1. rtftfot^ek Jl^) The property of every Public Libra^. Mechanics' Insti P««omJ pro. (11 ) The personal property and official income of theGoveraor Governor. .^^"f.^,«f*he Dominion of Canada, and the official incomrof the Lieutenant-Governor of the Province. nilV ^^T ^T^'' ''"^ premises while occupied by anv of the SSes v'^p'^'f'T^'''^^^^ ^^'''' ^«d Privates of Her or nalt-pay of any one in any one or either of such servir^T. nel:;T P^T"' J*^?"^' ^^^"i^y °r stipend deTvedbTanv pei^on from Her Majesty's Imperial Treasury or elsewhere ou^ ofthis Province and the personal property of anv person ?n ::ttfsrvLr ^^^^^^^^--- - Upa^,orTheSln r..i^l} All pensions of two hundred dollars a year and under oTSt^^lJi^.^ P"'"^ -oneysoftheDomLionoTcrnada' f^S^,ler- . (^^-^ The income of a farmer derived from his farm and thA Personal pro- perty secured by mortgage, or Provincial or municipal debentures. Pensions under (200. Bank stock. ^ (15 ) So much of the personal property of any person as is invested m mortgage upon land or is due to him^on account of the sale of land, the fee or freehold of which is vestedTn him or IS invested in the debentures of the Province, or of a^v mumcipal corporation thereof, and such debentures. ^ (16.) The stock held by any person in any chartered bank so iSthetT'^ ^" bank issued bufnotthrdiX 8tock,°shares (^^O The stock held by any persoii in any RaUroad Comnanv Z^L. tTrtf LTXilnft^- Tf ^^^ ^^^^^^^ alwlysTh^n^: 33V.,c.'27,8.f'^?^J.^»^^ ?/^^<^ends derived from shares in such building ocieties shall be liable to be assessed ; and so much of the per? Zn P^P^^^^yf ^^y person a^ is invested in any company^L- corporated for the purpose of lending money on the secuX of realesUte; Provided that this shill not Lempt tre TnWt or dividends derived from such investments. Sk^. thii'pL^cr^'"*'''"'' " P^^onal, which i« owned ^out of (19.) Proviso. ASSESSMENT OF PROPERTY. 168 (19.) So much of the neiMonnl r^f^rx^^ e «1»»1 to tho just debts oTd bv ^T^J "^ ""^. ^^\ "» '» ■'"■"I I- porty, BiceDt such ,I«bf. ^ "" account of such pro- l»rt> «i>il to rcal^tateTrravb^u^rir '"""'"' ''r ""-rtgage upon his ''•""""»• therefor. ^ ""P""' "" «•»""" of the purcUemoney »aifct?nrL^:r„iTats"""' ^'°^'^''' ""»s:aT.^g. relilfolJwhiio&d^coZ';- "y.^t'-gy"""' or minister of «„,«„•. dut| as such clcr^^"an rSrrrfetTo'f' "''' ?."'"« "-' « 'o«,. sand dollars, and the nar^on,™ ™ i n" ^^'<^ ' «• ""e thou- 33 v., c. 27, ,, him, with tl land thS Xw r'ir^-''"""" ""^-^"Pi^d hy *■ and not exceeding tt'hlt'Td'doUriirvX"' "''''" "■•"• inS on"mo'rt'a~^ '"™"'^ '''^"™<' *■""» '^^ ^^<- exo.pt Re.,.,o,„^ * ° ' estate, etc. (24.) Household effects Of whafpvpr l-,'r,,7 1, i appare-. whatever kind, books and wearing Household effects, books, (25.) The annual official salaries nf fK« «ffi«^ i of the several departments of IS eFv..,. • n'' ''''^ ''^^^*^ S-i^^es of of. oatt^arltSr:jSS^'™4^^^^^^^ »ever.^dep.rtme„. of tCG^ofe^::„rro"^— i^l^t? HOW RATES TO BE ESTIMATED. cdLltedrttmuSln's^xt^t; *f r^,*"" ^?«— the real and pe^onal propeXSkTo^^aitrnuSr'' ^" ""'*' in !he Z':^rLo;r::t t'^:znT:i,ui 't f •'r'"^' ?--^"«- seven, by municinal rnr^n^oV ^ ^^^^* hundred and sixty- «tingl3eben- „».^ Ii -^ "lunicipai corporations under anv bv-law nnri i „„ j *"re8. How upon the yearly value of ratable prouertv aT tb^ +Z' ? ' '^f^d rates for pav- such by-law shall bnlH +hn t !i P T .^' .^* ^^e time of passing mg them to 6 sufficient toproEratm^fo":, t .r^S!!'^?? f^P^^^^-^'^ on tne yearly value of such property -aTestiiil^edVr"^ sessment 104 A.SSE88MENT OF PROPERTY, Municinal Loui Fund. PrOTTJJO. Hessmont roll for the year one thousand eight hundre. thek such a pe*VfoJp":j- , . ■* J" ?^^«r,*? comply with the provisions of the Consoli- tet^ed ^t chlr rl^vThrlT' ^f W;^^t«d, Statutes of CW »^.._:.-.,., «"». cnapter eighty-three,) a rate of not less than one-third of a sM be wf;d"r "r ^-^^^^-l -lue of all ratable property: Wn Fn^^ lY ^" """"'nP^ ^^^ municipd i^oaji Jund, unless a smaller rate would produce ei^ht ner centum upon the capital of the loan : Provided always ^tha if Izt ^ if i^ property according to the assessment of any year, shall produce a less sum than five cents in the dollar on huXXndtf '' '^.! P^T^^ ^" ^^« y-^ --« thousand "ight hundred and fifty-eight, such a rate shall be levied as will oro- thTdofr 'n^J '' '^"' 1"°^"^^^ ^y ^ '-'^ «f fiveTents^Tn t'ttl'elrt^Tr f *^^ ^°""*^' '^ ^ocyrnliS:^, lor the year in which such sums are required to bo levied each municipality making due allowance for the cost of colLuon tTon of the !^f ^T<;-^d, 1««««« ^hich may occur in the coHec wmch'm'arnTtbTcot^^^^^^ ^^ *^^ ^^^^« of non-residents rate or rates of so much in the doUar up?n the assesseTva lue of the property therein as the council deems suffic ent to r^se the sums required on such estimates. coU^^fX* ,, '^- If *he amount collected falls short of the sums required short. the counci may direct the deficiency to be made up from anv unappropriated fund belonging to thi municipality^ ^ marbrrtluc- .^^ Y^ *^^? ^f "o unappropriated fund, the deficiency may edproportion.be equa^^^^^^^ f ,he sums estimated as requSd oi- J' irom any one or more of them. n. EatimatoR to be made yearly. hundred and the payment .according to sued. bo provided, unt, or on a then such a in originally the Consoli- utes of Can- ne- third of a ble property, e municipal eight per rays, that if the actual lent of any e dollar, on usand eight as will pro- ive cents in e thousand mlity shall 36 required unicipality, evied, each f collection L the collee- n-residents )ne by-law, icting of a ssed value nt to raise 3 required, from any lency may quired, or n. ASSESSMENT OF PROPERTY. 155 iif thi> A\ur. I f A S^^^^,^ ^""^ 01 the municipality, and be •"'<'**'*J "«»•<> ti^% XT-f ^*'^ "'^"""^^' ""^««« otherwise spUiali; annro f ""^\'= "PJ pnated ; but if anv nort,inn f.f ih^ „^^, i • ' -^»»"y appro- propnation of cnUnriJ] r^r. „„ / }.^^^^. ^} '^"^ amount m excess has been *»»« »^»l»nce. f hi .1 . ^ """"^ ""^ "• "P*^^**^^ <^^ "Pon any particular localitv ti^e tirst day of January of the then current Tr«nr. t j i *r^ ''*"" l«* with the thirtv-first dav of n«nllv. .u i^ ^,®^' *^"^ ®"^ January, un- exnresHlvmv.;; 1 1 J / 1, -^^ce°^ter thereof, unless otherwise '««« otherwiw expressly provided for by the enactment or by-law under which '"'^'"*^- the same are directed to be levied. APPOINTMENT OF ASSESSORS AND COLLECTORS. app^L?u'ch'numb^/n7'7 "^^^^^P.^^^^^' ^^^ept counties, shall A.e.sorBand naHtv L +hn """""^^r of assessors and collectors for the munici- '="ll«ctor8 to bt pality as they may deem necessary. i"unici appointed. .o?^ ^"".^.^^^y ""-y appoint to each assessor and collector fh^ lu • • ,. assessment district or di^fnVta ih^^^;^ _. ,7; "'"V'.^V, or tne Municipality act and mflTr!^„ -l ^^^^^^^^ .^^^^^m, withm which he shall ^^Y be divii act^and may prescribe regulations for governing them in f ho "'^ '"*° »«««'»- performance of their duties governing inem m the ment districts. DUTIES OF ASSESSORS. according to the best inSSnS'to h^^'lJ *"" "* <'"™ ^,1^"- lorm, con- (1.) The names and surnamp^ in fnll if +t, , *^°*^' ^*°" oertained,of all taxab rpTrZs rSnt h^r' <^°.'"'«''- »' "» "> wi x, as Column 5.— The age of the assessed party. Coh'Tin 6 —Name and address of the owner, where the party named m column two is not the owner *^ ^ Column 7.— School section. cl.^^J^JT' ^T.^T^^f of .concession, name of street or other designation of the local division in which the real property lies ext?n\Tth\Vope"^^^^^ ""' " '*'" "^""^^ ^^^™^ *^^ Column 11.— Number of acres cleared. Co umn 12.-Value of each parcel of real property. Co umn 13.-Total value of real property ^ ^ Co nZ J^—J^l"? of. personal property other than income, i^oiumn 15. — Taxable income incomr" ^^-^"*^^ ^^^"^ of pergonal property and taxable tax?bre™ncJmr''''^ "'^"' °' ^"^^^ ^"' P^^^^^^^ P-P^^^ -^ Column 18.— Statute labor, persons from twenty-one to sixty years of age, and number of days' labor ^ ColZn 9n~S°^*if''' ?"°^^er of dogs and number of bitches, rat^d^rrr'sile"' ^'^'^^"^ ^^ the family of each person Column 21.— Keligion. Column 22.— Number of cattle. Column 23.— Number of sheep. Column 21— Number of hogs. Column 25.— Number of horses ^_^Column 2a-Date of delivery of notice under section forty- Land to be assessed mun . or ward ssed in the ^\^^^^ shall be assessed in the municipality in which the dcipaiity «^™e lies, and m the ca^e of cities and towns, in the ward in -d, which the property lies; and this shall include the land oT W porated companies, as weU as other property; and when any business IS carried on by a person in a municipality in which he does xict reside or m two or more municipalities,the personal propei;ty belonging to such person shall be assessed in the municipa ity m which such personal property is situated, and against the person m possession or charge thereof as well as against the owner. ^3. Land occupied by the owner shall be assessed in his Personal pro- perty. "Wlien land to be assessed in „. owner's name. """iS. 34. ASSESSMENT OF PROPERTY. 157 louseholder, ' or "T," as re the party ;et or other operty lies, vision, hewing the an income. nd taxable 3perty and ne to sixty of bitches, ach person ion forty- v^hich the ; ward in 1 of incor- w^hen any in which 3 personal d in the ated, and s well as ed in his 34. IS If land as- sessed against owner and oc- cupant, taxes may be re- ll covered from 1 either, or any ■*%; ■J^ future occu- pant. Proviso. oit i^kno^'r/wXtuh'^tt Tt^'e '"' "' ^'"Jl? ^''^ "po- made, reMdea or'has a le^ dotcSrrpi^:„Ts::s'i^s? s^^™"''' mumcipabty, or who has eiven thp nn+,'pl^l +• j ? . ^"t «^eri8 six thp^fliTiA flTioii v!l ^ J . °"^^ mentioned in section known. SIX tne same shall be assessed against such owner aloTiP if +1^^ land IS unoccupied, or against the owner and^upanrif «nl occupant be any other person than the o^^er. ^ ^ '^'^ is OctpYed^ itlalTbf itl'^^ ■' r' '''^''''' '^'^ if *he land If owner nou- la uccupiea, It snail be assessed m the name of and afrain^f th^ resident and occupant and owner, but if the land be not occupiedTnd It "^^°""- owner has not requested to be assessed therefor then i/ Xfll S assessed as land of a non-resident. ^''^^^'^^' ^^^^ '^ shall be 26. When land is assessed against both thp n^n^r. „, a pant, or owner and tenant, the assessor shanirr.^'^ ''^'''■ within brackets on the roll and^Wl L -1 ^^^^ ^°*^ "^"^^« of the owner tL letter "F'^^il ^nte opposite the name cupant or te'it thlttter"^' ^ ^.T^Pl^XlTn °' ^'V^i recourse against any other person '""P^"* "^^^"^ ^'' 27. When the land is owned or occupied bv m^.. than one, and all their names are g^ven lo thJ . P'?r' « ^-^'i°«='^- shall be assessed thprpfnr ir^Vlr^ ^ ." . assessor, they pied by more ivplv in ZT.^ i-l ''^. ^^^ proportions belonffincr resnect "^^^^ tJ*^'^ ively to each, and if a portion of the lanrl «n q;+„ 1 "T- ^^^pect- ^^^^ by parties who are non'-resident and who Hve *f '' ""^'l .e^u^e of the pe.o„3 whos? CL^ ^1^ ^^ Z by^L%ZZt'oZ^'^:tIr^''^ ""' ^"^ taxes paid When .^. oU w previouroer;ir„ir tw: rrspedir "^^ =*''S»°' ment between the occupant and the owner to the S,;^''''''- ""'■ rasMLTeeSr\:hfreTu^e:rir '""rr "' ■"'^ -on- A„e^,. roll, as I.ereinbefor;;3Se cormn^urw I?'' °" 11" ^^-- « letter. "N. R.," and'ihe add;ess of sSch reholde^' *''"^' '"""I'TS'"' 30. Real and nersonal nrono'4" "Vaii l- . • , . actual cash value as they would LtnL;!?'™''''-'^ "' th«rp„p,rty,„ just debt fro.„ a 'solvent^dlS.-teSthS Kt^l^ "S'^.^. the • i ■ m 168 ASSESSMENT OF PROPERTY. w'^LS^ ^i^T^"^^ i mineral lands, such lands and the buildings thereon 33 v., c. 27,' ^^^ "^ valued and estimated at the value of other lands in the 8. 5. neighbourhood for agricultural purposes, but the income derived from any mine or mineral work, shall be subject to taxation in the same manner as other incomes under this Act. SmedvSaS ^} In assessing vacant ground or ground used as a farm, land, and how garden, or nursery, and not in immediate demand for building {ScIicSLt^^l^"I^°f ^' i^ ci^^es, towns, or villages, whether incorporated or in cities, etc. not, the value of such vacant or other ground shall be that at which sales of it can be freely made, and where no sales can be 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 ; and such vacant land, 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 the description of the block, or by the number of the lot and concession ot the township in which the same may have been situated, as the case may be : Pro- vided that in such case the number and description of each lot comprising each such block shall be inserted on the assessment roll, and each lot ghall be liable for a proportionate share as to value, and the amount of the taxes if the property is sold for arrears of taxes. Proviso. Sf« slie ^^ ^^"^ g^°"^^ ^« ^0^ ^eld for the purposes of sale, but but for gar- oona fide inclosed and used in connection with a residence or dens, etc. building as a paddock, park, la wn, garden or pleasure ground, 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. Sii^ToSiT' '^^ Every Railway Company shall annually transmit, on or nish certain"^ before the first day of February, to the clerk of every munici- statementsto pality in wliicli any part of the roadway or other real pronertv cierKs 01 mum- „i? ±1. i-i • •, ii ...i . K^.*' cipalities. o* ^'^^ Company is situated, a statement showing, first, the quantity of land occupied by the roadway, and the actual value thereof, according to the average value of land in the locality, as rated on the assessment roll of the previous year ; secondly, the real property, other than the roadway in actual use and occupation by the Company, and its value ; and thirdly, the vacant land not in actual use by the Company, and the value thereof, as if held for farming or gardening purposes ; Duties of clerks fl.nrl f.Tio r^lovV rif flio mi-ini/iiKvoKi-TT- cVnll ^r\,~~,~,~r~' — '■~ \- .1 ,.., - - " •■■ — •■• ■■•ttiixvipctjiivj oiiojii uOiimiuIiiUcici; ;su(;ii Statement to the assessor, who shall deliver at, or transmit by post. lings thereon lands in the jome derived taxation in as a farm, for building )rporated or be that at sales can be sessors shall >r gardening he situation vacant land, ich, may be the original )f the block, township in ay be: rro- of each lot assessment le share as rty is sold of sale, but esidence or ire ground, at six per al, which in ably worth always had ismit, on or ry munici- a,l property f, first, the the actual land in the nous year ; ■ in actual nd thirdly, y, and the purposes ; : x_ 1, 'ansmit by post, ASSESSMENT OF PROPERTY. ^ ^Q post to any station or office of the Company a notice addressed real property of the Company m his municipality or ward showing the amount for each description of propWmentS in the above statement of the Company ; and such Xtem^n^ and notice respectively shall be helSt/he the statment and notice required by the forty-fifth and forty-eighth sec^fons of NON-RESIDENT LANDS. 34 As regards the lands of non-residents who have not rP p ^- • ToofJ''''^ fr'' "^ ^^ ^"*^^'^^ ^^ ^^^ -"' the assroilhaU - oS"'^ proceed a-S follows : resident lands. (1.) They shall insert such land in the roll, separated from the t„ i. • >. , other assessments and shall head the same a. ''non-resXnt S^rJil^fp^^^^^ land assessments. c^iuciiuj, ^^^^^^ p (2 ) If the land be not known to be subdivided info lnt« if xm, into lots. a tSct known ^^T"" ^"^ be • ""-^Tl"^ ^^*^ 1°^«' «^ be part of if the land be +V. wLw .*• \l '"^ subaivided, th. ..ssessors shaU designate HT"*^^ ^Lltra^'lt^^^^^^ manner prescribed with regard to S tlt^^' viaed tracts, and if they can obtain correct information of the subdivisions they shall put down in the roll, and^n a &st column, all the unoccupied lots by their numbers and names alone and without the names of the owners, beginnW TThe owest number and proceeding in numerical order k> the highest L^l .Ti "''^T''' '^^ °PP°^^*^ *« ^^' ^"^ber of each lot^they shaU set down the quantity of land therein liable to taxation^ m a third column, and opposite to the quantity they shall so f btTt h^U tr ''j-^\rr^y' -^ if such qJintitJ S; lot. It shaU be sufficiently designated as such by its name or number but if it be part of a iSt, the part shall be designaTed I'n some other way whereby it may be known. «^^b"«^ea m 35. MANNER OF ASSESSING PERSONAL PROPERTY. ?^P"'™ 'i!±'",« ^„ • • . vPniVnf nfflnl T 1, ^^' ^^^ *^^® ^^™e shall, at all con- "Pa^ty, etc. vement office hours, be open to the inspection of al the hm,.P holders, tenants and freeholders residenLwmW n oo'sess^^^^^^ of property m the municipality. ^ possession COURT OF REVISION AND APPEAL letfu r^o/Z V r^ ""'"* ""? ^''J""™ '■'■^ *'"« '» «">e at Court „.y ledsure, or may be summnnfirl in t«««j- „i. x- ■, ., mo^f.^^' head of the municipality pleasure or r;j C^ 5 . J^""™ *^^^ *i«^« ^o time at Co, ... WnfV "^^3^ .^^s^inimoned to meet at anytime by the "i*^-^* ^'^'J iiead ot the municipal! tv -^ ''"*^ adjoum from time to time and may issue a summons to my witness to attend snch cS l7^St^^ Sly T<' ., nesses. upon or omitted from the roll or assessed at too high or too 1™% low a sum. ^"a" Oi too assessment, etc. thfLtf'l^;sUn^rm;^^l^^^^^^^ ^.«sea by the Court, before the fifteenth ' day of June'in ever^ JS."'^-' 60. 164 ASSESSMENT OF PBOPERTY. Courge of pro- 60. The proceedings for the trial of complaints shall be as ceeding in the foUows :— tnal of com- *""" " '^ • plaints. Notice of com- (1.) Any person complaining of an error or omission in re- ^^^rrieveZ*'*^ gard to himself, as having been wrongfully inserted on or omitted from the roll, or as having been undercharged or over- charged 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 munici- pality, that he considers himself aggrieved for any or all of the causes aforesaid. If an elector (^2.) If a municipal elector thinks that any person has been son\M*been assesscd too low or too high, or has been wrongfully inserted a8R«s8ed at too on or omitted from the roll, the clerk shall, on his request in a rate.*"'* '^ Writing, give notice to such person and to the assessor, of the time when the matter will be tried by the Court, and the mat- ter shall be decided in the same manner as complaints by a person assessed. Clerk to give ^3^ The clerk of the Court shall post up in some convenient ing up list. and public place within the municipality or ward, a list of all complainants on their own behalf against the assessors' return, 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 complaints, but no alteration shall be made in the roll, unless under a complaint formally made according to the above pro- visions. Extension of time for com- plaints. Form of notice list. (4.) When it shall appear that there are palpable errors which need correction, the Court may extend tb': time for making com- plaints ten days further, and may then meet and determine the additional matter complained of, and the assessor may for such purpose be the complainant. (5.) Such list may be in the following form : — Appeals to be heard at the Court of Kevision, to be held at on the day of 18 Appellant. A.B. C. D. G. H. L.M. etc. •#•••••••••• ••••••«••••• Respecting whom. .. Self .. E. F. J.K. N. O. etc. Matter complained of. Overcharged on land. Name omitted. Not bona fide owner or occupant. Personal property un- dercharged. ASSESSMENT OF PKOPERTT. 165 shall be as ission in re- lerted on or ged or over- ly or by his r the return the munici- or all of the on has been Lilly inserted s request in essor, of the md the mat- plaints by a e convenient a list of all ssors' return, ent of other ! description n announce- to hear the 3 roll, unless 5 above pro- errors which making com- etermine the may for such be held at omplained of. [•ged on land. nitted. % fide owner ccupant. property un- 3harged. in fhi ^^,!.fi?'Vi^ •?!i'''^r'^'*'°'^^«^^^P^Pe^P"^^^^^ The clerk to m the municipality, or if there be no such paper, then in some f^ivertise sit- newspaper published m the nearest municipality in which one *'"«« °^ ^«'^'*- is published, the time at which the Court will hold its first sit- tings for the year. Jl^ The clerk shall also cause to be left at the residence of To We a lirt each assessor, a list of all the complaints respecting his roll ^^^^ ^^^^ ««• * * ■ sesBor. .Sl^ ^^^ ""^^-Jt ^^^^ prepare a notice in the form following, for To prepare each person with respect to whom a complaint has been made- "°t- t'p- Jviln''^^" that you are required to attend the Court ofTaSt ' omffol Wing appe^h ''' ''' '' ^^ ^^^ ^^''-' -™- " Appellant : q jj rnv o! f "^J^'^^That you are not a bona fide o^vner or occupant, [OT as the case may be.) '■ ' „ (Signed.) "XV municipality the clerk shall cause the notice to be left at the ^* '''«i'l«'^<=«- person s residence or ])lace of business. (10.) If the person be not known, then to be left with some t grown person 01. the assessed premises, if there be any such pS-! fe^rbot son there resident, or if the person be not resident in the muni- ''^'^'-''^• the oS office """^'''^ **" ^"^ addressed to such person through (11.) Every notice hereby required, whetiier by publication cs • . , advertisement, letter or otherwise, shall be completed rW S™^^^^ SIX days before the sittings of the Court. (12.) If the party assessed complains of an overcharemed desirable, the party complained against shall dcLermme the matter, and confirm or amend the roll acccrdingly. leed^x^paru ^^^'-^ ^^ either party fails to appear, oither in person or by an agent, the Court may proceed ex 2>(irte. The roll as d. The roll, as finally passed by the Court, and certified by to bind'aU^ ^^^^ Clerk as so passed, shall be valid and bind all parties con- partius, cerned, notwithstanding any defect or error committed in or with regard to such roll, except in so far as tlie same may be further amended, on appeal to the Judge of the County Court. '^ow^T ant *^' "^'^^^ ^*^"^^ ^^^^^^ ^^^^' ^^^^^^ °^ ^^^^^ *^^° fifteenth day of edTo'c^rt of June, and with or without notice, receive and decide upon the Eevision for petition from any person assessed for a tenement which has re- reducing^ "*" mained vacant during more than three months in the year for taxes. which the assessment has been made, or from any person who declares himself, from sickness or extreme po v crty, 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, and the Court may, subject to the provisions of any by-law in this behalf, remit or reduce the taxes due by any such person, or reject the petition ; and the council of any local mu- nicipality may, from time to time, make such by-laws, and re- peal or amend the same. Parties dis- satisfied with decision of Court of Re- vision may ap- peal to J«dge of County Court, and in what manner and on what terms. APPEAL FROM THE COURT OF REVISION. 63. If a person be dissatisfied with the decision of the Court of Revision, he may appeal therefrom, in which case : (1.) He shall, within three days after the decision, in person or by attorney or agent, serve upon the Clerk a written notice of his intention to appeal to the County Judge. (2.) The Clerk shall thereupon give notice to all the parties appealed against, in the same manner as is provided for notice of complaint by the sixty-first section of this Act, (3.) ASSESSMENT OF PROPEUTY. JQ^ (3.) The party appealing shall, at the same time and in like manner, give a written notice of his appeal to the rlerk of the Division Oourt within the limits of which the municipality or assessment disttict is situated, and shall deposit with him the sum of two dollars for each decision appealed against, as security ior the costs of the appeal. (4.) The Judge shall appoint a day for hearing the appeal. Day for hear- ing. (5.) The Clerk of the Division Court shall cause a notice fo Li^tof ar.n.i he conspicuously posted up at the office of such Court, contain- lants, ctc.^ mg the names of all the appellants and parties appealed against, with a brief statement of the ground or cause of appeal, together with the date at which a Court will be held to hear such appeal. (0.) At the Court so holden, the Judge shall hear the appeals, Hearing and and may adjourn the hearing from time to time, and defer the adjournment, judgment thereon at his pleasure, so that a return can be made to the clerk of the municipality before the fifteenth day of July. 64. In case any non-resident whose land, within the limits 'W city, town, incorporated village or township, has been or shall be assessed in any revised and corrected assessment roll, complains by petition to the proper municipal coimcil, at any time before >he first day of May in the year next followinrr that in which tlie assessment is made, such council shall, at its trst meeting, after one week's notice to the appellant, try and decide upon such complaint ; and all decisions of municipal councils under tins Act may be appealed from, tried and decided as provided by the sixtieth section of this Act; and it the lands shall be found to have been assessed twenty-five per centum higher than similar land belonging to residents the council or Judge shall order tlte taxes rated on such excess to be struck off; and in all such cases wh. re the land has been sub- divided into park, viUage, or town lot . if the same are owned by the same person or persons, the stauite labour tax shall be charged only upon the aggregate of the assessment, according to the provisions of this Act ; but no roll shall be amended under * his section of this Act if the complaint was tried and decide . before such roll was finally revised and corrected under the provisions of the sixtieth, sixty-first, sixty-second and sixty-third sections of this Act ; and this clause shall not affect 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; and sf such lands should, during such appeal, be advertised for sale, the land shall be charged with all costs incurred, but no appeal Appeals with respect to non- resident lands. Reduction for excess. TiOts subdivi- ded not to affect rolls revised and corrected. Nor appeals against former assessments. ^':'i. AMessnit'iit roll to b«< ur duced tu th< Court. And amended according,' to the decision of tlio Judge. Amendmentfi, how cortitied. 108 ASSESSMENT OF PROPERTY. appeal .slmll bo nm.l« after the is.suo of a warrant by the trea- surer or uhumberlain for the collection of taxes. 65. At the Court to be hoklon by the County Judtre. or acting Judge of the Court, t,) lu-ar tho ai)poalH hereinbefore I)r()vided for, the pciH-.n having the charge of the aH.s.>,s.sment roll passed l.y the Court of Revision shall appear and produce such roll, and all papers and writings in his custody connected with the matter of ajmeal, and such roll shall be altered and arneiued 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 omission is corrected or Huijplied or It the said roll be not then produced, or the decision be not then given by the Judge, such decision and judgment shall be certihed by the clerk of the Court to the clerk of the munici- I)ality, who shall forthwith alter and amend the roll according to the_ same, and shall wiito his name against every such alteration or correction. '^ to°haIepJwer , ^^- I" «11 Proceedings before the County Judge or actin-T to exainine on Judge ol t le Court, Under or for the purposes of this Act, such Judge shall possess all such powers for compelling th<^ attend- ance of, and for the examination on oatli, of all parties, whether claimuig or objecting or objected to, and all other persons what- soever, and for the production of books, pajjors, rolls and docu- ments, and lor the enforcement of his orders, decisions and judgmenls, as belong to or might be exercised by him, either in term time or vacation, in tlie same Court, in "relation to any matter or suit dej)ending in tlie said Court. «7. The cost of any proceeding before the Court of Revision or Judge as aforesaid, shall be ))aid by or apportioned betwoen the parties, in such manner as the Court or Judge shall tliink lit, and costs ordered to be ])aid by any party claiming or object- ing or objected to, or by any a.ssessor, clerkof amunicipality,or other person may be enforced when ordered by the Court by n distress warrant under the hand of the clerk and corporate seal of the munici])ality, and when ordered by the Judge by execu- tion from the County Court, of which such Judge is the Judge, in the same manner as upon an ordinary judgment recovered m such Court. J/f^scostst^ ^^ The costs shall be taxed according to the schedule of be taxed. lees under the Division Courts Act, as in suits for the recovery of sums exceeding forty and not exceeding sixty dollars in the said Court. The decisionof «». The deci.sion and judgment of the Judge or acting Judge shall Costs to be apportioned by the Judj^e, and how en- forced. ASSESSMENT OP PROPERTY. 160 by tho trea- y Judge, or lereinbeforo ttssossment md produce / connected altered and then j^dven, said roll in or HUj)j)lied, sion 1)0 not nt shall be he munici- 1 accord in<; 3very such > or actinnf H Act, HUCh th<* attend- 3S, whether ■sons -Nvhat- and docu- ision.s, and 11, either in ion to any •f Revision d Letwoen ihall think f or object- cipality,or ^ourt, by a porate seal by execu- thc Judge, recovered chedule of 3 recovery ars in the ing Judge shall shall bo final and eoneJusive in every case adjudicated, and tho County Judge clerk ot the niunieipahty shall amend tho rolls accordingly. *« ''« fi""^- 70. When, after the appeal provided by this Act, tho assess- Copy of roll to niont roll has heon hnally revised and corrected, the clerk of the ^« tranHmittwi nuinici pa ,ty shall, without delay, transmit to the County Clerk cwr*^ a certihed copy thereof. '' ARRCMmont roll to be fxamiuud annually by inunici|)al council of the county, for the jJUrpoHe of •"(lualizinisf the valuation in the di!ft'r«nt niunicii)alitieH for county ratuR. COUNTY COUNCILS. ri. The council of every county shall, yearly, before im pos- ing any county rate, and not later than tho first day of Julv exanuno the jussessnient rolls of tho different townships, towns and villages, in the county, for Uie preceding financial y«ar for tho 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 tho valuation so made in all such town- ships, towns and villages, and may for the i)urposo of county rates, increase or decrease the aggi-egate valuations of real and personal property in any township, town or village, adding or deductings.) much per centum as may, in their opinion, be neees- sary to produce a just relation between all the valuations of real and personal estate in the county, but they shall not re- duce the aggregate valuation thereof for the whole county as made by the assessors. "^ 2. In equalizing the rolls of the towns and villages, the 33 Vic. c. 28, county council shall, after having so increa.sed or decreased «• 12. as aforesaid, take tho interest of the amounts returned on tho rolls, at SIX per centum, and capitalize the same at ten per centum, and such capitalization shall be the arrm-errate valuation for such towns and villages for the purposes inen- tioned in the preceding section. 3. If any local municipality shall be dissatisfied with the Local munici- action ot any county council in increasing or decreasin<^ the P'-^^^y «^ay aggregate of the valuation made by the assessors of any muni- ^^^'''^^■ cipality, the municipality so dissatisfied may appeal from the decision of tho council to the Judge of the County Court of the county at any time within ten days after such decision by giving to such Judge and the clerk of tho county council a notice m writing, under the seal of the municipality, of such appeal ; and the County Judge shall appoint a day for hearinorTir%, ^^- ^!^^^^ M^^^ '' ^« be levied for county purposes, or by by by-laws ^ho couuty tor the purposes of a particular locality, the council for'^c^ouT'-''^*''^ °^ '^i^^ county shall ascertain, and by by-law direct, what p^urpos^s."^' portion of such sum shall be levied in each township, town or village in such county or locality. t?Sff "^^ '^^- V'"" ^«"n*^y clc^k shall, before the fifteenth day of amounts to August in each year, certify to the clerk of each municipality municipaiitii ^^ ^^^ county, the total amount which has been so directed to ■ be levied iherein for the then current year, for county pur- poses, e the whole [ to transmit ct shall not Hluations in information le equalized it rolls had the council the county, in the same rolls by the county rate within the sed equally the amount townships, as finally basis upon > county, so )f the new nty council icipality or en formed part of the ad relation inue to be pality, and apportioned )oses, or by the council rect, what ip, town or th day of unici pality iirected to ounty pur- poses, ASSESSMENT OF PROPERTY. 171 poses, or for the purposes of any such locality, and the clerk of the municipaHty shall calculate and insert the same in the col- lector s roll for that year. rS. Nothing in this Act contained shall alter or invalidate This Act not any special provisions for the collection of a rate for interest on *° *ff««=* P'o- county debentures, whether such provisions be contained in SSo'^ise any Municipal Corporations' Act heretofore or still in force in 'Jiterest on this Province, or any Act respecting the ConsoHdated Munici- bSes" pal Loan Fund m 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. STATUTE LABOUR. 79 No person in Her Majesty's Naval or Military Service Persons in on lull pay or on actual service shall be liable to perform statute ^^"'tary Ser- labour or to commute therefor; nor shall any non-commission- ^^^'^ ^^^'"P*- ed omcer^or private of the volunteer force, certified by the Dis- trict btaft Ofhcer as being an efficient volunteer; but this last exemption shall not apply to any volunteer who may be assessed lor property. 80. Every other male inhabitant of a city, town or village, Who liable, ot the age ot twenty-one years and upwards, and under sixtv ^"^ in what years of age, (and not otherwise exempted by law from per- ioSni anf "' lormmg statute labour) who has not been assessed upon the ^"^^«- assessment roll of the city, town or village, or whose taxes do not amount to two dollars, shall, instead of such labour be taxed at two dollars yearly therefor, to be levied and collected at such time, by such person, and in such manner as the coun- Collector. cU of the muocipahty shaU by by-law direct, and which per- son shaU not be required to have any property qualification: 81. No person shall be exempt from the tax in the last pre- wh.re to be ceding section named, unless he shall produce a certificate ofrerformed. his having performed statute labour or paid the tax elsewhere. 83. Every male inhabitant of a township between the ages Liability of aturesaid, who is not otherwise assessed to any amount ('and P^sons not who IS not exempt by law from performing statute labour) shall aSes's:i?n De liable to tivo days of statute labour on the roads and high- townships, ways m the township, and no council shah have any power to reduce the statute labour required under this section. 83. Every person assessed upon the assessment roll of a Ratio of ser- township shall, if his property is assessed at not more than three ^'''^ '" "^^ hundred dollars, be liable to two days' statute labour ; at ilZT more than three hundred dollars, but not more than fxvc hun- dred 172 ASSESSMENT OF PROPERTY. ■ , J- Council may reduce or in crease the number of days propor- i 1 tionately. / Lots sub- divided as park lota, &c dred dollars, three days ; at more than five hundred dollars, but not more than seven hundred dollars, four days ; at more than seven hundred dollars, but not more than nine hundred dollars, five days; and for every three hundred dollars over nine hundred dollars or any fractional part thereof over one hundred and fifty dollars, one additional day; but the council of any township, by a by-law operating generally and ratably, may reduce or increase the number of days' labour to which all the parties rated on the assessment roll or otherwise shall be respectively liable, so that the number of days' labour to which each person is liable shall be in proportion to the amount at which he is assessed. 2. In townships where farm lotshavebeen subdivided into park or village lots, and the owners are not resident and have not required their names to be entered on the assessment roll, the statute labour shall be commuted by the township clerk in making out the list required under the ninety-second section of this Act, when such lots are under the value of two hundred dollars, to a rate not exceeding one half per centum on the valua- tion, but the council may direct a less rate to be imposed by a general by-law affecting such village lots. 84. The council of any township may by by-law direct that a sum not exceeding one dollar a day shall be paid as commu- tation 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. 85. 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 for each day's labour, and the sum so fixed shall apply equally to resi- dents who are subject to statute labour, and to non-residents in respect to their property. commutat?^' . ^^^ ^^^^^^ ^\^ ^^°^^ by-Luv has been passed, the statute labour to be at $1. in the townships in respect of lands of non-residents, shall be commuted at the rate of one dollar for each day's labour. u7hJ^i°*u°of ^^' ^"^ pei'son liable to pay the sum named in the eightieth statute 'labour section, or any sum for statute labour commuted under the KdVdi ^^'^^y-^^*^.^ section of this Act, shall pay the same to the collector tress or In-^' *° ^^^ appointed to collect the same within two days after demand prisonment. 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 sufii- cient distress can be found, then upon summary conviction before a Justice of tlie Peace of the county in which the local municipality is situate, of his refusal or neglect to pay the said sum. Commutation may be at $1 perda\. Commutation may be fixed at any sum not exceeding 51. I dollars, but t more than ired dollars, ine hundred red and fifty (vnship, by a J or increase ies rated on ly liable, so son is liable s assessed. ed into park d have not 3ntroll, the lip clerk in id section of wo hundred 1 the valua- posed by a direct that as commu- on tax shall 1, and shall ;v passed for imute their tr for each dly to resi- residents in itute labour its, shall be bour. le eightieth 1 under the he collector ter demand )r refusal to distress of i if no suffi- conviction ;h the local ay the said sum, ASSESSMENT OF PROPERTY, I^Q sum, and of their being no sufficient distress, he shall incur a penalty of five dollars with costs, and in default of payment at such time as the convicting Justice shall order, shall be com- mitted to the common gaol of the county, and be there put to hard labour for any time not exceeding ten days, unless such penaity and costs and the costs of the warrant of commitment and of conveying the said person to gaol, shall be sooner paid • and any person liable to perform statute labour under the eighty-second section of this Act not commuted, shall per- form the same when required so to do by the pathmaster or other officer of the municipality appointed for the purpose; and in case of wilful -neglect or refusal to perform such labour after SIX days' notice requiring him to do the same, shall incur a pen- alty of five dollars, and upon summary conviction thereof before a Jusiice of the Peace aforesaid, such Justice shall order the same together with the costs of prosecution and distress to be levied by distress of the ofl^ender's goods and chattels, and, in case there shall be no sufficient distress, such offender may be committed to the common gaol of the county, and there put to hard labour for any time not exceeding ten days, unless such penalty and costs and the costs of the warrant of the commit- m-ent, and of conveying the said person to gaol shall be sooner paid; and all sums and penalties other than costs recovered un- der this section, shall be paid to the treasurer of the local muni- cipality, and form part of the statute labour fund thereof 88. No non-resident who has not required his name to be Non-resident, entered on the roll, shall be permitted to perform statute labour ^^en not ad- ' in respect of any land owned by him, but a commutation taxSltX'" shall be charged against every separate lot or parcel according labour, to its assessed value ; and in all cases when the statute labour ot a non-resident is paid in money, the municipal council shall order the same to be expended in the statute labour division wliere the property is situate, or Avhere the said statute labour tax is levied. 89. Tn case^any non-resident, whose name has been entered If non-resident not per- , . " '' --^-^v^ixu, ..iiuou iiaiuG ncis ueeri enterea Aim on the resident roll, does not perform his statute labour or pav ^^"^^^^^ b"* commutation for the same, the overseer of the highways in (oZ 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 commutation lor statute labour against his name in the collector's roll, and in all cases both of residents and non-residents the statute' labour Amount of shall be rated and charged against every separate lot or parcel °on-re3ident's according to its assessed value ; Provided always, that when- ^^T" ^""^T ever one person shall be assessed for lots or parts of several lots b.6 ' "" '' m one municipality, not exceeding in the aggregate two hiin= dred I 174 ASSESSMENT OF PROPERTY. dred acres, the said part or parts shall be rated and charged for statute labour, as if the same were one lot, and the statute labour shall be rated and charged against any excess of said parts in like manner, but every resident shall have the right to perform his whole statute labour in the statute labour division in which his residence is situate, unless otherwise ordered by the municipal council. COLLECTION OF RATES. municipality ^ The clerk of every local municipality si: "11 make a col- to make out a lector s roll or rolls as may be necessary, containing columns collector's -P-^*. -ii "— ■£" i* ■ -i i ,i . . . r , o, - roll : its form and contents. for all information required by this Act, to be entered by the collector therein on which he shall set down the name in full of every person assessed, and the assessed value of his real and personal property and taxable income, as ascer- tamed after the final revision of the assessments, and he shall calculate, and opposite the said assessed value as therein described of each respective party, he shall set down in one column to _b. headed "County Rates," the amount for which the party is chargeable for any sums ordered to be levied by the council of the county for county purposes, and in another column to be headed "Township," "Village," " Town," or" City Rate," the amount with which the party is chargeable in re- spect ^f -urns ordered to be levied by the council of the local municipality for the purposes thereof, or for the commutation of statute labour, and in other columns any special rate for How rated to ^"^^^^^^"^g ^^^ interest upon debentures issued, or any local rate be headed. «- school rate or other special rate, the proceeds of which are required by law or by the by-law imposing it, to be kept dis- tinct and accounted for separately, and every such last-men- tioned rate shall be calculated separately, and the column therefor headed " Special Rate," " Local Rate," " School Rate," as the case may be. Eto'bi *•>!• . All moneys u^.v^ssed, levied and collected under any Act assessed ?nd oj which the Same are made payable to the Receiver-General s^e'Siner ' °^ ^^''^ late Province of Canadaor to theTreasurer of this Province, as local rates. "^ other public officer for the public uses of tlio Province, or for any special purpose or use mentioned in the Act, shall' be assessed, levied and collected in the same manner as local rates, and shall be similarly calculated upon the assessments as finally revised, and shall be entered in the collectors' rolls in separate columns, in the heading whereof shall be designated the pur- pose oi the rate, and the clerk shall deliver the roll, certified under his hand, to the collector, on or before the first day of October, or such other day as may be prescribed by a by-law of the local municipality. 9% . charged for the statute cess of said ve the right •our division ordered by iiake a col- ing columns ;red by the tie name in 'alue of his s, as ascer- its, and he e as therein )wn in one i for which ; levied by in another I," or " City able in re- »f the local mmutation ial rate for y local rate ' which are e kept dis- . last-men- he column hool Rate," er any Act ^er-General s Province, rovince, or ct, shall be local rates, s as finally in separate d the piir- 11, certified rst day of f a by-law 9% ASSESSMENT OF PROPERTY. 08. The clerk of every local municipaUty shall also make out a roll, in which he shall enter the lands of non-residents whose 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 revision of the rolls, and he shall enter opposite to each lot or parcel, :.ll the rates or taxes with which the same is chargeable, in tlie same manner as is provided for the entry of rates and taxes upon the collector's roll, 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 lirst day of November. 175 Clerk to make out another roll of lands of non-residents whose names are not in the assessment roll, and trans- mit it to county trea- surer or city chamberlain. COLLECTORS AND THEIR DUTIES. 9^ The collector, upon receiving his collection roll shall l^"*'^^ "^ col- proceed to collect the taxes therein mentioned. ' ^*'''*°'"^- 94. He shall call at least once on the person taxed, or at the Shall demand place ot his usual residence or domicile, or place of business if the payment within the local municipality, in .nd for which such collector "*"• has been appointed, and shall demand payment of the taxes payable by such person, and shall, at the time of such demand enter the date thereof on his collection roll opposite the name ot the person taxed, and such entry shall be prima facie evi- dence of such demand. 95. In case any person neglects to pay his taxes for fourteen K payment bo days alter such demand as aforesaid, the collector mav bv Tl ''^^de, ool- himself or by his agent, levy the same with costs, by d&es^ IhftlxV'^ ot the goods and chattels of the person who ought to pav the ^'^^^^'^ ^^'^ same, or of any goods or chattels in his possession, wherever ''^'• the same may be found within the couniy in which the local municipality lies, or of any goods or chattels found on the premises the property of, or in the possession of an v other occupant of the premises ; and the costs chargeable shall be those payable to bailiffs under the Division Courts Act. re.?rfpr. JLtri? ^n"^'' ^^'""'^ v^'^^ ^P^"^"' °^ ^^^ ^^^l ^^ not By post in resident withm the mumcipahty, the collector shall transmit to ^^^^ ' «f '^"'i- hini by post, addressed in accordance with the notice mven bv '■''^^""*»- such nc:-residentif notice has been given, a statement and demand - a r taxes charged .gainst him in the roU, and shall at the t^mo f such transmission, enter the date thereof on the roll opprejte the name of sucli person, and such entry shall be Cof ^^^*ie°«« of such transmiHHion and of the time - ..{,e lana ri nCii-rcaiuunts, who have reiiuired Wiencoiiec- their M 176 ASSESSMENT OF PKOPERTY. tors may (lis- their names to be entered on the roll, the collector, after one o'.*n"on-re8i* "^o^^^ ^om the date of the delivery of the roll to him, and after dant land. fourteen days from the time such demand as aforesaid has been transmitted to him by post, may make distress of any goods and chattels which he may find upon the land ; and no claim of property, lien or privilege shall be available to prevent the sale, or the payment of the taxes and costs out of the proceeds thereof Public notice «f sale to be gi 'en, and in what manner. 98. The collector shall, by advertisement, posted up in at least three public places in the township, village or ward wherein the sale of the goods and chattels distrained is to be made give at least six days' public notice of the time and place of such sale, and of the name of the person whose property is to be sold ; and at the time named in the notice, the collector or his agent shall sell at public auction the goods and chattels dis- trained, or so much thereof as may be necessary. Surplus, if ticlaf unclaimed, to ,^^ ^^ the property distrained has been sold for more than be paid to 11, i, tho amount of the taxes and costs, and if no claim to the sur- ?Ss8?on tr P^^' ^^ ^^^^ ^y ^^y other person, on the ground that the pro- goods were. ■^ertj. sold belonged to him, or that he was entitled by lien or othe:- right, to the surplus, such surplus shall be returned to the persoii in whose possession the property was when the distress was made. dSm^t'^'""'^, ^^[^ ^^ """^y ^"""h ^^^^"^ he made by the person for whose taxes the property was distrained, and the claim is admitted the surplus shall be paid to the claimant. Sch'suSa*'' .***• ^{ *he claim is contested, such surplus money shall be be contested. V^^^ ^^er 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. 103. If the taxes payable by any person cannot be recovered m, any special manner provided by this Act, they may be re- covered Avith interest and costs, as a debt due to the local municipality ; in which case the production of a copy of so much of the collector's roll as rela+es to the taxes payable by such person, purporting to be certified as a true copy by the clerk of the local municipalioy, shall be prima facie evidence of the debt. Taxes not otherwise re- coverable may be recov- ered by action. Copy of collec- tor's roll to be prima facie evidence of amount due. Collector to 103. On or before the fourt eath day of December in every IndTay over ' 7^^^ ""J ^^ ^uch day in the next year not later than the first the proceeds of February, as the council of the municipality may appoint, ovo-riT ASSESSMENT OF PROPERTY. 177 or chan.berlainj S^^ hoxv much of the whole amount paid over is on account of eloh separate rate; and shall make oath before the tre^ufer or ^^^'•'^^Z.a.Z. chamberlain that the date of the demand of 1™^ and transmission of statement, and demand of taxes^Swi hv ^i;^;^^:^'-^-^ ^^ -^^ case^LTr?!^^ as la the la., precedmg section mentioned, the coundfonhe e;rt."o";s:joii;:tSo"i:fh^^^^^^^^ evy and collection of the un^id tSes ntho In^^^l'^Hh the powers provided by law for the general leranrcoUecTfon — ou^^HirsS^ - oth^;;-XtreSii?53; Another per- •on may be employed to collect taxes which the collector does not collect by a certain day. 105. nl-T^ ""J ^}u ^''^f mentioned in the collector's roll re- p .• paid, and the collector be not «.hlp f. ..n.„. .L „^^ ll'^l'^A'^'S^ main unpaidTlnd tre cotCc rbeToTabl. f n ''ri ''^^ ''' ^--^-=- he Shan Seli;er to the X^Srlt^^^^^^^^ T^^^S^ he shall f P Wf. ;r ^"''^^'°^ , ""^^ ^^^^ *o collect the same, wheat; ^e stia;i dehvei to the chamberlain or treasurer of his mumVi ^^*^"^«' pality, an account of all the taxes remaining due on trroU "°^^^^- and in such account the collpptnr dioii d.^ ^ -. ' assessment, the reason why tcS nondSTcK; *° "t .^erdng in each ease the w^ords " nt-S ^^"'or 'C's'uffi^ cent property to distrain," as the case may be. lain ftatfcurs\ZtToL'd't'4ch\c""r "•"''^■"^»- ^» »"«* and that he has not, t^t^lt^ST^Z:^^' 5^- '"°^. cover sufficient goods or chattels belonging 'to oHnp^sseJon """"*■ Sectr-stcTdia&s^^^^^ lOI'. The taxes accrued on any land qhnll Ka o ov^^ • i t oT LtmtrLeT^ ^'^^'^r ^^ ' "li^^ Lrp^^l^eg: ^^' ' YEARLY LISTS OF LANDS GRANTED BY THE CROWN. 108._ The Commissioner of Crown Lanrl^ «y.nii ;„ ^i, .,_ . _ 13 ' ' ^" "'^ wxuuLii oi iiigt of lands February * i i?fS 178 ASSESSMENT OF PROPERTY. ted, etc., February in every year, transmit to the treasurer of every county anuaUy to' ^ ^^^^ ^^ ^^^ ^^^ ^^nd within the county, located as free grants, ty trea- sold or agreed to be sold by the Crown, or leased, or in respect ione/'oT" ^^ which a license of occupation issued duiing the preceding S-er toS-" *^^- ^^^^ co"n<^y treasurer shall furnish to the clerk of each nish a copy of local municipality in the county a copy of the said lists, as far ckrki'of*° *^° ^? regards lands in such municipality, and such clerk shall fur- local munici- ^ish the assessors i-espectively a statement showing what lands palities. in the said annual I'st are liable to assessment within such as- sessor's assessment district. County trea- surer to fur- nish local clerks with lists of lands three years in arrears for taxes. Local clerks to keep the lists in their offices open to insiiec- tion and give copies to as- Bessors, to notify occu- pants. 33V., 0.27, 8.9. Lists to be re- turned as to towns and dties with- COUNTY TREASURERS, LOCAL TREASURERS, CLERKS AND ASSESS- ORS — THEIR DUTIES. 110. The treasurer of every county shall furnish to the clerk of each municipality, except' in cities and towns, in the county, a list of all the lands in his municipality, in respect of which any taxes shall have been in aiTears for three years j)receding the first day of January in any year; and tlie said list shall be so furnished on or before the first day of February in every year, and shall be headed in the words following: "List of lands liable to be sold for arrears of taxes in tlie year one thou- sand eight hundred and ;" and for the purposes of this Act, the taxes for the first year of the three 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 three years, although the same may not have been placed upon a collection roll until some month in the year, later than the month of January. 111. The clerk of every municipality in each county is here- by required to keep the said list, so furnished by the county treasurer, on file in his office, subject to the inspection of any person requiring 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 such list ; 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, or are incorrectly described, and to notify such occu- pants and also the owners thereof, if known whether resident within the municipality or not, upon their respective assessment notices, that the land is liable to be sold for- arrears of taxes, and enter in a«column (to be reserved for the purpose) the words " occupied and parties notified," or "not occupied," as the case may be ; and all such lists shall be signed by the assessor or as- sessors and returned to the clerk with the assessment roll, toge- ther with a memorandum of any error discovered therein, and the ASSESSMENT OF PROPERTY, 179 AND ASSESS- 1 1 S i"i"i<-u uy Due cnamberlam or troasnvpr mtkI i\^^ clerks and assessors of cities and towns. ^'^^'^^^^ •>'»^ the and con-ect to tl.o bet of my £ J^t LdhX'f.'"' "" *™ II»T]ie clerk of each municipality shall before thp fir«f tZ:ai7i\'' "'^'^""^ T^'"^^^ '^^ aLssmL rS when in X ^^ r'°. f r''*""' .^"^ '-^st-erfcain whether a-^y lot euibmced m the said list last received by him from the <^nnnH. ^;"''''^^^^ IS entered upon the roll of the^yea "s Zr ccup ^^^^^^^^^^ rectly described; and the said clerk shaU, on or before the first day of May in each year, furnish to the county ti^fa,i'e^^^^ of he several parcels of land which shall appeir on Xi esid nt roU as havinc. become occupied, or which hive been Signed W Jtreri^rs^Cs^4or4ttt^^^^^^^^ hior:;;rav v^ot^^^^^^^ m^icipaUtysbdl i/„.aki„go!lrthec%: to^^^^^^^^ add suol, a„w.s of taxes to the taxes assessed again tsueho^cu: Fe.tL • tl "'" ™™"' •™'"' '"'5 «»A arrears shaU be co"- as all other taxes entered upon the collector's roll. "f Ift'>fo.sliannotbesiiffieientdistressunonanvoftheTt,i, • . tot7™o,';;r ^f tL*" ""T^'-S section nained^o Sfy L fe".iS' lotnl .uiionnt oi the taxes charges against the same is well t>v !"■• »" •>"* he arrears as for the taxes of the cnn-ent yearthe oil w '^■ hall so i-eturn it in his roll to the treasurer of the municinairtv inmlf i'1 Tr* T,"'^"'*''' 'f "y^ "d *e amount rSS 2^>d, and stating the reason why payment has not beeS foiTn s:;s'XrTeiT:pSeTfrieL^^^^^^^^^^ settlement Local clerks to certify lands which hare become occu- pied. County trea- surer to certity taxes due on them. I Clerk to insert such amount on collector'a roll. M 180 A15SE88MENT OF PROPERTY. retuiTied by settlement of the collector's roll, and before the eighth day of Mdwhen"''*'''' -^P"! in every year, furnish the county treasurer with a state- ment of all arrears of taxes and school rates dirocted in the saiu collector's roll, or by school trustees to be collected, such return to corilaiu a description of the lots or pared of land, a state- ment of unpaid arrears of taxes, if any, on In rids of non-resi- dents, which have become occupied, as required by section one hundred and eleven ot this Act, and generally such other in- formation as tlie county treasurer may require and demand, in order to enable him to ascertain the just tax chargeable up n any land in the municipality for that year, and the county treasurer shall not be bound to receive any such statement aftu- the eighth day of April in each year. hi*&Hale ^^^ ^" ^^^ ^^ ^^^^^^ ^'^ *'^"'^'i V tl'^' statement directed by if arrears are the last preceding section to be made to the county treasurer not^aid ; and that the arrears of taxes upon the occupied lands of non-resi- dents, directed by the one Ini fired and thirteenth secti- of this Act to be placed on the collector's roll or any part th( of, re- main in arrear, such land shall be liable to be sold for such arrears, and shall be included in the next or ensuing list of lands to be sold by the county treasurer, under the provisions of the one hundred and twenty-eighth section of this Act, notwitlistanding that the same may be occupied in the year when such sale takes place, and such arrears shall not again be placed upon the col- lector's roll for collection. Penalty on local clerk neglecting his duties under preceding eec' tiona, and on asaesBors so neglecting. How to be levied. 111. If the clerk of any such municipality shall neglect to preserve the said list of land in arrears for taxes, furnished 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 lands which have come to be occupied, as required by the one hundred and four- teenth 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 section 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, every officer making such default, shall, on summary conviction thereof, before any two Justices of the Peace having jurisdiction in the courxty 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 seventy- eight of this Act ; all fines so imposed to be recoverable by dis- tress and sale of any goods and chattels of the party making default. After Buch re- 118. After the collector's roll has been returned to the treasurer iglith (lay of ivith a state- ed in tilt' saiu I, such return unci, a state- s of non-resi- y section one ch other in- d demand, in rgeable up )n 1 the county itenient al'tur ) directed by ty treasurer, of non-resi- ecti< of this ) tli( of, re- 'such arrears, f lands to be s of the one ivitl» standing ich sale takes ipon the col- li neglect to furnished to such lists, as 3ct to return which have cd and four- dances which lired by the any assessor re entered on fore directed, •y conviction J jurisdiction d, be liable to I seventy-six, and seventy- rable by dis- irty making imed to the treasurer ASSESSMENT OF PROPERTY. 181 m section ,, no hundred and fifteen, arrears of taxes m-^ bo '«*="^« *•"''• C'XtdTJthr"\'"'/''^^ *'•« «-^ statTmrnTht' accoiint of 7)1 .T''''^7 treasurer, no moi^ moTu^y on account of the arren-s then due shall be received by an> .kZ of the municipality to which the roll relates. ^ ' to {l!eftr^ure;'ul tl^lnl^ T.T "Y^ '\^f^^^ ^" '-"g CoUection of mon^ ^f ^. r^T'\ ^'^^®' ^"^ ^e shall recf^ ve pa\- ^nearsto inenfcof such amars, and of all taxes on lands of non-residents ^'^''"'«**' , and he shall t/ive n rppmnf ♦>,«^^**„ -c • ., 'usiuents, treasurer of for wh n^orfnd +hf r' thereior specifying the amount paid, countyonly. mod, the description of the lot or parcel of land. a.d the date of payment, in' a^cordanTe ; h hrp'ovilns of section one hundred and seventy-two of this Act ^ '''^'''°"' ^* the'wiofe or in parTSSsTol^^ ""^'Y. ""^^' f ^^^^^ ^ ^^^^ the lancls of nof^ ri^^^^l^TI^Z^^iX^ ^ =£0. clerk forthw ft? ! '^^^Y'^^^, it .simll be the duty of the surer or other^>ffi' \^"'^ f^^^?^ *^^« ^^l^^'^ to the trea- hdl then poll ^ ^ """'"^ *^ collection of such arrears, who shall then collect only so mucb of said taxes as are not remitted 120 The treasurer shall not receive any part of the fnvTr, >. , heSeT"' r ^T"; ""' ^^^^' -1-^ tL' whole arrets a-u^nSba lustaymenrt eTroltuth"'^ ^ Y '' ^^"^^^^^ °^ *^« P- "ii-^Ac, ifsati^.^^^^^^^^^^^ on which taxes are due, has been subdivided,L^mry lei ve the proportionate amount of tax chargeable upon anv of tb« httmrrliT t '^ °''^^ -bdrvisionsXargSet L piecroTuartl of w' ^r'' ""7' ^^ ^^^'^ books,°divide any iWear foi t. xL ?? ""^'"^ ""^^ ^''"^^^ ^^^" ^«<^^™e^l to him anylVctSwTh f'"' '^ P^f^"^^^' ^^^^ *° *^'^ °^^^«^* of If demanded, X; ' «narged with arrears of taxes, a written statement of t'-^'^^'^'-er to the arrears at that date, and he may charcre twpnfv p^?> trive a^mtten the search on P^nTi ^^^..J i ^ 1 -^ cnaige twenty cents for statement of lands on taxbj remain iinpaid <^ '/. /a ^;. ^0 ^M» A.'' x«?sss # V IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I liA illlio I4£ S "^ lllliM 1.25 iiiiiM U IIIIII.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) «72-4503 i f/i 182 ASSESSMENT OF PEOPERTY. Sfeoklfklpt ^^"'?^ ^" *^® municipality on which it appears from the returns forthe purpose ^^^fi^ to him by the clerk, and from the collector's roll returned teeZr?/ etc ^? ^''""' }^}^^ ^^^''^ ^^^ ^^^ ^^"^^^ Unpaid, and the amounts so ' • due, and ho shall, on the first day of May in every year, com- plete and balance his books by entering against every parcel of land, the arrears, if any, due at tlie last settlement, and the taxes of the preceding year which remain unpaid, and he shall ascertain i nd enter therein the total amount of arrears, if any chargeable upon the land at that date. ' Proceedings where any land is found not to have been assessed in any year. How land shall be valued. Appeal from valuation. I TS. If at the yearly settlement to be made on the first day of May, it appears to the treasurer that any land liable to assessment has not been assessed, lie shall report the same to the clerk of the municipality, and the clerk shall 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 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 so entered shall be the average valuation of the three i)revious years, if assessed for the said three years, but if not so assessed, the clerk shall require tlie assessor or assessors for the current year to value such lands, and it shall be the duty of tiie assessor or assessors to value such lands Avhen required and certify the valuation in writing to the clerk ; and tlie owners of such lands shall have the right to ap])eal' to the council at its next or some subsequent meeting after tlie taxes thereon have been demanded by the collector, but within fourteen days after such demand, which demand shall be made by the coliectt)r before the tenth day of November, and the council shall Jienr and determine such appeal on some day not later than the first day of December. STtTrror. J^^^, ^he county treasurer may correct any clerical error which he himselt discovers from time to time, or which may be certified to him by the clerk of any municipality. ^^ITpts?*^" ^- ^^ ^^y P^^'^*^^ produces to +he treasurer, as evidence of «tc. ' psiyment of any tax, any jjaper purporting to be a receipt of a collector, school trustee or other municipal officer, he shajl not be bound to accept the same until ho has received a report from the clerk of the municipality interested, certifying the correct- ness thereof, or until he shall be otherwise satisfied that such tax has been paid. t^^Kkkd to ^*^^ ^^ '"^^ *^® balance to be made on the first day of May in wreara yearly, every year, it appears that there are any arrears due upon any parcel of land, the treasurer shall add to the Avhole amount then due, ten per centum thereo'^.. ra the returns 3 roll returned le amounts so iry year, com- fc every parcel ment, and the , and he shall rrears, if anv, I the first day and liable to ■t the same to ill enter such on the roll of f the arrears the tax of the itered shall be L's, if assessed [le clerk shall year to value )r or assessors ; valuation in ids shall have lie subsequent mded by the 3mand, which I tenth day of termine such December. clerical error vhich may be 1 evidence of a, receipt of a he shajl not a report from :^- the correct- ied that such ay of May in ue upon any amount then 188 If there be distress upon lands of non- residents, county trea- surer may authorize collector to levy. ASSESSMENT OF PROPERTY. 1 36. Wlienever the county treasurer is satisfied that there IS distress upon any lands of n.)n-residents in arrear for taxes he shal issue a warrant under Ins hand and seal to the collecto^ Wwl n^^f If Pahty, who shall thereby be authorized to levy the amount due upon any goods and chattels found upon the land, m the same manner and subject to the same provisions as aie contained m the sections from section ninety-five to sec- m^deX il^^' ^^^ ^' ^'^'^ ^^^' ^""^ -^P-^ '^ ^-^— 121. Unpatented land vested in or held bv Her Maiostv t? i, * which shall hereafter be sold, or agreed to be sK anTp t-' Perdtjl Jax^tTon^from tt d^f ^'f' V' t ^''' ^^"'' '^'^^^ ^' ^^^^^^ '^ ^fffibie wS T ? , ? ""^ f'J'^^ '''^® ^^ g^^"*' a«f^ ^ny such land to taxation. which has been already sold or agi-eed to be sold to any person or has been located as a free grant, prior to the first day of i^plTT^'i?"^ thousand eight hundred and sixty-three, shall be held to have been liable to taxation since the first dav of January one thousand eight hundred and sixty-three, ancl all such hmds shall be liable to taxation thenceforward uAder this Act, in the same way as other land, whether any license of oc- cupation, location ticket, certificate of sale, or receipt for money F.t!^'*'' '""fy"'^^' J^^^« or has not been, or shall or shall not b^e ^sued, and (m case of sale or agicement for sale by the Crown) Rights of the whether any payment has or has not been, or shall or shall not clS^fJH be made tipreon and whether any part of the purchase money s or IS not overdue and unpaid ; but such taxation shall not m any way afl^ect the rights of Her Majesty in such lands. for'and i!!?h?fr 'f P°^^^°^ P^ ^^^^ *^^ ^^ any land has been due tor and in the third year, or for more than three years preceding the current year, the treasurer of the county shall, unless othei^ wise directed l.y a by-law of the county council, submit to the Tder'the r • ^.°^^'^%'^,/-^ f ^^^P^^-^^ of all the lands liabL under the provisions of this Act, to be sold for taxes, with the + wT n Yi authenticate each of such lists by afiixincr such it 1 'n'i '\ '^'' coiyoration nud his signature, and one of such l^sts shall be deposited with the clerk of the county, and the annip^ 1 ''^.f "f ^'. *^^ '''''''''''' "^''^^ ^ warrant thereto annexed, under the hand of the warden and the seal of the twifn TTfhT- "« I'^i" ^^yy^Von the land for the arrears due thereon, w th his costs: Provided always, that when a warrant h^ been placed in the hands of the sheriff or high bailiff, bXe the first day of January, one thousand eight hundred and sixty- seven, coinmandjng him to collect arrears of taxes, he shall pro- iR .vxce bciore che passing ol this Act, and in every case in which such When lands to be sold for taxes. Arrears due for three years be levied by warrant of the warden to the treasurer. Proviso as to warrants issued before Jan. Ist, 1867: '. fTcWff Treasurer's duty on re- oeiviog war- rant to sell. l)eed to be binding on all, if land not redeemed in one year. ^4 ASSESSMENT OF PROPERTY. ?"n^i®5l®^*^'^^ is made by sale of any lands, the sheriff or high baihff shall, in the event of the lands not being redeemed accord- ing to law, complete the sale by a deed of conveyance to the pur- chaser. ^ S^a.Tay , *^^- 5^® ^^y^^'^ °^ ^ county, city or town shall have power extend the to extend the time for the payment of taxes beyond the term of Kent ^^'"^^ y^^^^> ^y by-law passed for that purpose. 130. h shall not be the duty of the treasurer of any county to make mquiry before eifecting a sale of lands for taxes, to ascer- tain whether or not there is any distress upon the land, nor shall he be bound to inquire into or form any opinion of the value of the land, and if any tax in respect to any lands sold by the treasurer after the passing of this Act, in pursuance of and under the authority thereof, shall have been due for the third year or more years preceding the sale thereof, and the same shall not be redeemed in one year after the said sale, such sale and the official deed to the purchaser of any such lands (prodded the sale shall be openly and fairly conducted) shall be final and binding upon the former owners of the said lands, and upon all persons claim- ing by, through or under them, it being intended by this Act that all owners of land shall be required to pay the arrears of taxes due thereon within the period of three years, or redeem the same within one year after the treasurer's sale thereof. S?y1het«a- ^ ^^} ^^^he treasurer shaU not seU any lands which have not surer shall sell, been mcluded in the lists fTirnished by him to the clerks of the several municipalities in the month of February preceding the sale, nor any of the lands which have been returned to him as bjing occupied under the provisions of the one hundred and four- teenth section of this Act, except the lands, the arrears for which had been placed on the collection roll of the preceding year and again returned unpaid, and still in arrears in consequence of in- sufficient distress being found on the lands. 133. The county treasurer shall prepare a copy of the list of lands to be sold, required by section one hundred and twenty- eight of this Act, and shall include therein, in a separate column, a statenaent of the proportion of costs chargeable on each lot for advertising, and for the commissions authorized by this Act to be paid to him, distinguishing lands as patented, unpatented, or under lease or license of occupation from the Crown, and shall cause such list to be published four weeks in the Ontario Gazette, and once a week, for thirteen weeks, in some newspaper pub- lished within the county, and in the case of a union of coun- ties in each county of the union, if there be one published in each county, and if not in such county or counties of the union County trea- surer to pre- pare list of lands to be sold and ad- vertize in "Gazette." 33 v., c. B.11. 27, in ASSESSMENT OP PBOPEETY. j«g in which a newspaper is published, or if none be so published m some other newspaper pubHshed in some adjoining cZty.' 2. When a junior county has separated, or shall hereaftpr p ^• Ssu^; nf r ""r/ ^^"^*^^^ ^^'^ - -*-- is mai to the -^^riXin treasurer of the united counties of lands in arrear for taxes T^"'?^'?' • but such lands have not been advertised for s^^lo T^xZ+t ^ ' **''^'.'° ^"'^'"'^ siirpr nf +h^ „r.U A X- '*'"^*^"'^sea lor sale by the trea- county separa- surer ot the umted counties, or senior county, such treasurer *f ^'^°'°."'^°'^ ^e lands mthm the junior county, returned as in arrears for taxes, and not advertised, and the treasurer and warden of the junior county shall have power resnectively to takralUhe pro! fnrtbT y^^^V"'""'^^^^ ^^ ^«°«' under this Act can take for the sale and conveyance of lands in arrear for taxes but m case the lands in such junior county have been advertised by the treasurer of the united counties before such sepIrS the sde of such lands shall be completed in the same^manne; as if the separation had not taken place. manner 133 The advertisement shall contain a notification +}inf .^ unless the an-ears and costs are sooner naid h^t 'W nlT' ?? ^-^^<^-.tohe RPll f>.a ^c^Ac f^, J.T, 1. i^wum paici, ne v. .» proceed to given m such the aterttement ' "'" ' ^"^ '"^ "' " place named in -^^^^ -* .n'^fi ^'J^'^^'^t.v^ '^^^ '^^^^ ^® "^ore than ninety-one davs t- . , after the first publication of the list. ^ ^"°^ °* ^*^^- 135. The treasurer shall also post a notice similar to the ^ .• . k tCe of sale '°^^ ^' '* *^'^^ weeks before the 136. The treasurer shall in each case add to the arrears; nnh t? hshed, his commission and the cost of pubUcation ^ fdTdTtt'^ arrears. !3T. If at any time appointed for tlie sale of the lands tin aj- • Wders appear, the treasurer may adjomn tl>e sale from Se Z »^ri?rf,d. lime. ders. 138. If the taxes have not been previouslv collected nv ifiu- ^ • u- ^. no person appears to pay the same a^t the tiiL and plL ap^S^^^^^^ pointed for the sale, the treasurer shall sell by public auction ?n ^ '"''' ""^ *^^ much of the and as may be sufiicient to diSrgrtre taxes ' and all lawfu charges incurred in and about the fale and the coUection of the taxes; selling in preference such part as he may consider best for the owner to sell first; and in offering such lands for sale it shall not be necessary to describe part^^ larly the portion of the lot which shaU be sold, buJ it sS be sufficient r.fW" If the land does not sell for full amount of taxes, 33 V. c. 27, s. 8. 186 ASSESSMENT OF PROPERTY. sufficient to say that he will sell so much of the lot as shall be necessary to secure the payment of the taxes due ; and the amount of taxes stated in the treasurer's advertisement shall in all cases be held to be the correct amount due. 2. If the treasurer fails at such sale to sell any land for the full amount of arrears of taxes due, he shall, at such sale ad- journ the same until a day then to be publicly named by him, not earlier that one week nor later than three months thereafter, of which adjourned sale he shall give notice by pub- lic advertisement in the local newspaper, or in one of the local papers in which the original sale was adver- tised, and on sucli day he shall sell such lands unless otherwise directed by the local municipality in which they are situate for any sum he can realize, and shall accept such sum as full payment of such arrears of taxes ; but the owner of any land so sold shall not be at liberty to redeem the same except upon payment to the county treasurer of the full amount of taxes due, together with the expenses of sale ; and the treasurer shall account to the local municipality for the' full amount of taxes that shall be paid. 1 30. 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, licensee or locatee, and it shall be so distinctly ex- pressed in tlie conveyance to be made by the treasurer and warden, and such conveyance shall give the purchaser the same rights i 1 respect of the land as the original lessee, licensee or locatee enjoyed, and shall be valid, without requiring the assent of the Commissioner of Crown Lands, faiSTo pay"" * '*^- ^^ ^ho purchaser of any parcel of land ftiils immediately purchase to pay to the treasurer the amount of the purchase mone}'. -"he money. treasurer shall forthwith again put up the property for sal^ ^ 141. The treasurer, after selling any land for taxes, shall give a certificate under his hand to the purcliaser, stating distinctly whrit part of the land, and what interest therein, have been 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, the sum for which it has been sold, and the expenses of sale, and further, stating that a deed conveying the same to the purchaser or his assigns, according to the nature of the estate or interest sold, with reference to the one hundred and thirty-eighth and one hundred and thirty-ninth sections of this Act, will be executed by the treasurer and warden on his or their demand, at any time after the expiration of one year from the date of the certificate, if the land be not previously redeemed. 14^. If the treasu- rer sells any land the fee of which is in the Cruwn, he shall only sell the interest of lessei ■ or loca- tee. Trea8T:.rer sell- ing to give purchaser a certificate of laud sold. t as shrll be lie ; and the cement shall and for the 11 ch sale ad- named by ree months tice by pub- in one of was adver- mds unless in which , and shall taxes ; but y to redeem surer of the ises of sale ; ality for the )f which the r therein of istinctly ex- 3a surer and ier the same , licensee or g the assent mmediately mone^'. for sal*. ^he taxes, shall ser, stating est therein, estate has stating the •Id, and the iveying the le nature of le hundred I sections of rden on his f one year previously 14^. ASSESSMENT OF PROPERTY. certi^r^tlof ^llffr'''^^^!:^" *^' '''''^'^ «^ *^^ trea,surer's certih(. te of sale, become the owner of the land, so far as to have all necessary rights of action and powers for proteSing ^e same from spohation or waste, until the expiration of ih? term dunng which the land may be redeemed, but he shaH not, knowing ly. permit any person to cut timbe; growing upon the land or otherwise injure tl,e land, nor shall he do so iC self, but he may use the land witliout deteriorating its va ue • Provided that the rmrchaser shall not be liable for dan agldone cTrt^teisinSe.^^' '' '^^ ^^°P^^^' ^"^^"^ ^^^ ^-^ ^^- 187 Purchaser of ' lands sold for taxes to be deemed owner thereof, for certain pur- poses, on re- ceipt of treasurer's certificate. Proviso. « Jnn?f ^r"^\^^'^ ;!'"^ ^^^^ tender to the treasurer of the full Effect of ten- amount ot redemption money required ])y this Act the aai.i ^'5«f a^ears, Fn qu^Sn ''''' ^' ^'"''" "''^' ^''''^^''' ''^^'' ^" "^ *° ^^' ^^^^ Percentmr;^nw'"''''^'^"^','"^^^^'^ ^"^ ^^^^ ^"^ one-half Treasurer's afore-dl ^^^^^^' "P°^ ^^'^ ''""^^ collected by him as ''°""^"«'«n- on 1 45. Whenever land is sold by a treasurer accordino- to f Iip ■.. . provisions of the one hundred and thivty-seconcrand ?o1l w n ' -^ sections of this Act, he may add ti.e commission and ts mS he IS hereby authorized to charge for the services above men- ^oned, to he amount of arrears on those lands in rlperof which such services have been severally performed! and in cSf 'sale ^1i'" «"'' '^ ^"^""'^ "^ '^''''' -''''' -^h ceHifi" cate 01 sale, oi tlic arrears and costs incurred. for"lwi lohl .^ftlT' l'^''"' ^" f certificates and deeds given Expenses of lor land sold at such sale, give a desc.-iption of the part sold with ««^r«h in sutticient certainty, and if Jess tlian a whole lot, then bv such a nifY^^A general description as may enable a surveyor to lay otfle p Lee S^-^t' tit T? " • r ^nT'^ i ^''^ ''' "^''-"y ^"'-^^^ 'Search, if necessaiy, in the Registiy Oftce to ascertain the des..rii,tion and boundaries of the whole parcel and he may also obtain a surveyor's des- ciiption of such lots, to be taken from the Registry Office or ' wLT?rnTr-'''^i"'''l'''/'^'''" "" *"^^ description'cannot other- wise be obtained ; such surveyor's fee not to exceed one doUar- and the charges so incurred shall be included in the account and paid by the purchaser of the land sold, or the partv re- deeming the same. txi« paity re 147 Except as before provided, the treasurer shall not hp rn entitled to any other fees ^r emoluments whatever for any se^' ^^'^"^oV"- t^Sriands. ^ ■'^'*'"° *' *^'' '""'"^^^^ of arrears of ^*'^^'-'^^«- 148. no m 188 Owners may within one year redeem estate lold by paying pnr- haee money and 10 per cent, thereon. Deed of sale, it not redeem- ed. ASSESSMENT OF PROPEBTY. 148. The owner of any land which may hereafter be sold for non-payment of arrears of taxes, or his heirs, executors, ad- rainistfatora or assigns or any other person may at any time within one year from the day of sale, exclusive of that day, redeem the estate sold by paying or tendering to the county treasurer, for the use and benefit of the purchaser or his legal representatives, the sum paid by him, together with ten per cent, thereon, and the treasurer shall give to the party paying such redemption money a receipt, stating the sum paid and the object of payment, and such receipt shall be evidence of the redemption. 149. If the land be not redeemed within the period so allow" ed for its redemption, being one year exclusive of the clay o^ sale as aforesaid, then, on the demand of the purchaser, or his assigns, or other legal representative, at any time afterwards, and on payment of one dollar, the treasurer shall prepare and execute with the warden, and deliver to him or them, a deed in duplicate of the land sold, in which deed any number of lota may be included at the request of the purchaser, or any assignee ot the purchaser. de"d,^and° . ^^^\ ^"^^ ^^^^ ^^^^^ ^^ ^^ the form or to the same effect as effect thereof, in Schedule B, and shall state the date and cause of the sale, and the price, and shall describe the land according to the pro- visions of section one hundred and forty-six of this Act, and shall have the effect of vesting the land in the purchaser or his heirs and assigns or other legal representatives, in fee simple or otherwise, according to the nature of the estate or interest sold, and no such deed shall be invalid for any error or miscalcula- tion 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. 151. The Registrar or Deputy Registrar of the county in which the lands are situated, upon production of the duplicate deed, shall enter the same in the Registry book, and give a certificate of such entry and registration in accordance with the Act respecting Registrars and Registry Offices. 15^. As respects lands sold for taxes before the first day of January one thousand eight hundred and fifty-one, on the re- ceii)t by the Registrar of the proper county or place, of a certifi- cate of the sale to the purchaser under the hand and seal of ofiice 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, ad- ministrators. Bepristration of deed. On what cer- tificate 'regis- trars of coun- ties to register sherill's deeds of lands sold for taxes be- fore 1851. ASSESSMBNT OF PROPERTY. jgp ininistrators or a^igM, and on production of the conveyance taW™ „f "*'° *" P«cha»er,'his heirs, execnto.^? admLT i?„^ f I r'T'i ^""'^ K'g'strar shall register anV sherifll deed of land «oW for taxes before the first day of Jamia^l one fev sh,rn be tEf ''^■"!' ''''^-™^' ■""' ^h^ ."Ode oT'such oa;^.,t:z:^^^^^^^^^^ the first of January, one thousand eight hundred and siifv ^Jv ^^'i *'^««^- the sheriff .shall also tnvp flip r.„r..Ko. """^*^" ana wxty-six, tion of convey- lorrni ^^, '■>' ''"^ «4iso givc the purchaser or his assigns, or other ances since legal representatives, a certificate under his hand and seal of ^''"- '?*'^'^'' oftce of the execution of the deed, containing the pa^-Ucu kr Tn ^'"^^ the last section mentioned; and such certificate forThe purpo e of registration in he Registry Office of the proper county of any deed of lands sold for taxes since the fiit of JanuTry one thousand eight hundred and fiftv-one shnll h^Al/' a memorial thereof, and the deed shlbr;gittd':ndreHifi! cate of the i-egistry thereof, shall be granted by th^ Rerristr^ on production to him of the deed and certificate^ wTthollXr proof ;aaid the Registrar shall, for the regist;y aTcertificate thereof, be entitled to seventy cents and no more '''''^''^'^*^ '^i" ?^i? ^/^'^^.^yer shall enter in a book, which the countv t council shall furnish, a full description of every parcel of knd -t^i-*' conveyed by him to purchasers for arrears of^^xef wHh an f-"""^ ^T"?" mdex thereto, and such book, after such enfrip., Wo K i *'™««^h"^« thprpin «]..,ii +r>n,,u -Ix^ 11 . entries have been made conveyed to therein snail, together with all copies of collectors' rolls and r'"'''^'' ^^ other documents relating to non-resident lands, be by him kept " amongst the records of the county. ^ ^ 155. Whenever lands shall have been or may be heronftpvTi i va sold lor arrears of taxes, and the sheriff' or treaS^as tl e e- ^^ may be, shall have given a deed for the same, such deed shall bp '''^' '\ '^"^ to all intents and purposes valid and binding, except! at ns? ^^^^ the Crown, if the sanie has not been questioned before'sZe ^'-^"^ *^" kJI '.l?^'"-.?- jurisdiction by some person interested in the knd so sold, withm two years after the passing of this Act when the land was sold and a deed given by thelheriff or tt. surer before the passing of this Act^r wit^iin wo yfar W ^rs'^l^hSir^:tS ^^^ri?^ :^ uhall consist. a ii m 'fNPV^i 190 33 a. 10. c. 27, Treasurer to open ail ac- count fur. ASSESSMENT OF PUOPEUTY. a fUstinct and separate fund, to ho called the " Non-resident Land Fund" of such county; Providt'arcel or lot of land at the date of the alteration, shall be placed to the credit of the nnmici- pality within which the land after such alteration, is situate; and if a union of counties is about to be dissolved, all the taxes on non-residents' land imposed by by-laws of the provisional council of the junior county, shall l)e returned to and collected by the treasurer of the united counties, and not by the provi- sional treasurer, and the treasurer of the united counties shall open an acc(junt forthwith for the junior county with the non- resident land fund. Newmunici- 159. Ill cases where a new municipality shall be formed ?.f!>^'ol,VM!fV7 partlv from two or more muni(Mpalities situate in different and partly m counties, the Collection of non-resident taxes, due at the tmie of another. formation, shall remr.in in the hands of the treasurer of the respective counties, formerly having- jurisdiction over the re- spective }jortlons of temtory forminj^ 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 munici- palities situate in any one county, the treasurer shall, in liko manlier, keep a separate account for such new murucipality. 160. The treasurer of the county shall not be required to keep a separate account of the several distinct I'ates which may be charged on lands, but all arrears, from whatever rates arising, shall be taken together and form one charge on the land. Iftl. 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 purposes, shall supply, out of the funds of the municipality, any deficiency arising from the non-payment of the taxes, but shall not be held answerable for any deficiency arising from the abatements of, or inabilit}'- to collect the tax on personal property. All arrears to f onn one charge upon the lauds subject to them, etc. Deficiencies in certain taxes to be supplied by the munici- pality. 191 on-rosident onco of any to tho local liiivo been iy with tho been united f a nmnici- l1 to or dc- UTiicii»idity, 1 liiH books, land at the the niunici- is situate ; ,11 the taxes provisional id collected ' th(! provi- unties shall th the non- be formed in different tlie time of urcr of the ver the re- ipality, and uit of such and where ore munici- lall, in like cipality. required to which may ites arising, land. any school y other tax poses, shall deficiency not be held nents of, or .\reiipy from land fund how appro- priated. • DcljisntiireB may ho iosued on tho credit of non-resi- d(!nt lai'd fund. Who to have chari,'e of them. ASSESSMK^'T OF PROPEllTY. r.J-?^' "y"/"/"' "^'''"'^ ''''''y '^t "^""Y *""e be paid to a munici- pality out of the non-resident land fund of tlie countv s m I ^orm part of the general funds of such municipality! ^ ' I«3. The council of tho county may from time to time by by-law authorize the warden to issue, under the corporate seal upon the credit ol the non-resident land f.nid, debentures payablenotlaer than eight years after the date thereof, and for sums not less than one hundred dollars each, so tliat the whole of thedebenturesatany time issued and unpaid do notexeeed two- !ZnL i ;™^« 1^«^ •.I'^e f nd accruing upon the htn.ls in tiio county together with such other sums as i.my be in the trea- surer s hands, or otherwise invested to tlie credit of the said fund • rn^f^l ^ *''; "'"'f ''""''^^'^*'^'"^""^^«^^'^^^ ^^^ i'^ tl'e exclusive' Ifir^ r, J '"• ^^^'"•'^"'•«'-' ^^ho shall be responsible fur their satety until their proceeds are deposited witli him. 164. Such debentures shall be negotiated by the warden Pv uho,n f. the said fund, and the interest on the said debentures and the principal when due, shall be j.ayable out of such fund Piov ! , . ded alvyays, that the purchaser shall not be br.und to see to the ^''''"'^ application of the imrchase money, or be held responsible for the non-a[)plication thereof. • ^ »iuic lui fund^therfsrifwff''^^ ^' T^' ^^ the non-resident land Payment of mna, where such fund may nave been created, money sufficient "'t'-reston wh'en'^due%ucrt "T ^ ?t^^/"-' - to ;edeem\L s."L turtlS"" wnen due, such interest or debenture shall be payable out of ^iJ«^lf<'r. the general county funds, and the payment thereof may be otTh^^rn't^Snrr -- '- '^ '^^ '-'''^' ^^ ^^^^ land fund amongst the municipalities rateably, accordtn to S'f •TV'^ esMenTS^dnr'^'"' ^"--^ ''"^ on account oTtt^non! ->«- resident lands in each municipality; but sucli apportionment ''^'"^•*^'^^- shaU always be so limited that the debentures unpaid shnll noyer ^exceed two-thirds of tho whole amount to thrcreciit of 167. The treasurer shall not be entitled to receive from thp t Pei^on paying taxes any percentage thereon, butTay re"^^^^^^^ Je7=.: or nom the fund such percentage upon all moneys in his hand^ '*l^''y'»°^ 168. 192 ASSESSMENT OF PROPERTY. !*' Annual utate- munt of the RaicLfnnd to he Hubmittcd to the county council. What it Bhttll •how. 108. The county treasurer Hhnll prepani and Huhini't to the county council, at its first session in January in cacli year, a report, certified by the auditors, of the state of the non-resident land fund. 14J9. The said report shall contain an account of all the moneys received and expended during the year ending on the thirty-first of Docomher next preceding, distinguishing the sums received on account of, and paid to, tho several nmnici- palities, and received and jniid on account of interest or delien- tures negotiated or redeemed, and the sums invested and the balance in hand ; a list of all debentures then unpaid, with the dates at which tlioy will become duo ; and a statement of all the arrears then due (distinguishing those due in every muni- cipality), and the amount due on lands then advertised for sale, or which by law may be advertised diring tlio ensuing year. Copy to be 1 TO. The warden shall cause a copy of tho report to be ProvindaT^ *" t^'n-n^H^ttcd to tlie Provincial Secretary for the information of Secretary. the Lieutenant-Governor. Collection of 111. Arrears of taxes due to cities or towns shall be collected of^'on^-red-"'^^ and managed in the same way as like arrears due to other dents in cities uuinicipalities ; and the chamberlain or treasurer and mayor provided for. gluvH^ for thoso purposes, perform in the case of cities and towns, the like duties as are hereinbefore, in the case of other munici- palities, imposed on the treasurer and warden. County trea- 1 13. The treasurer of every county, and the treasurer or kee^™'ri'i)ficate chamberlain of every city and every town, shall be required to Wank receipt keep a triplicate blank receipt book, and, on receipt of any sum books. Qf 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 be made to the clerk at least every three months ; and the oounty,city or town clerk shall file such receipts, and, in a book to be kept for that purpose, shall enter the name of the party making payment, the lot on which payment is made, the amount paid, the date of payment, and the number of the receipt; Audit of and the auditors shall examine and audit such books and ac- ' ' counts at least once in every tw^elve months. RESPONSIBILITY OP OFFICERS. Treasurers and collectoi-a to 173. Every treasurer, chamberlain and collector, before give security entering on the duties of his office, shall enter into a bond to and how. ' the corporation of the municipality for the faithful performance of his duties. IT4. ASSESSMENT OP PKOPERTY. ihiiii't to the cacli year, a non-resident it of all tho [1(1 ing on the ;ni,sliing tho oral niunici- )Ht or (lcl)en- Hted and the lid, with the ionicnt of all every muni- ;ised for sale, uing year. eport to be formation of 1 be collected duo to other r and mayor !.s and towns, ther munici- treasurer or J required to t of any sum arty making > the county, 3rresponding ; delivery of iree months ; oipts, and, in name of the is made, the f the receipt; )oks and ac- jctor, before to a bond to performance 1^4. 193 174. Such bond Hhall be givei j tho officer and two or more Jion.l with HUtticient Hureties, in 8uch sum and such manner as tho council •"«•««-• oi the municinahty hy any by-law shall ro.iuire in that behalf and shall conform to all tho provisions of such by-law. or n!?Jf ?^ treasurer, assessor, clerk or other officer refuses Penalty on or neglects to perform any duty required of him by this Act he '«'""'""•'•« "' shaU upon conviction thereof bef<)ro any Court of competent ttlSfS^^ jurisdiction m tjie county in which ho is treasurer. Jsessor th'ira;:™ dolla^ *''' adjudge, not exceeding one hundred IT«. Ifanaasessor neglects or omits to perform his duties othorn.se«sors the other assessor or other assessors (if there be more than one r"«" " ior the same locality), or .ne of such assessors shall, until a new fluh '" *^" appointment, perform tho duties, and shall certify upon his oT their assessment roll the name of the delinquent a.ssessor. and also, If he or they know it, the cause of the deliquency ; and any council may. after an assessor neglects or omits to perform his duties, appoint some other person to discharge such duties • and he assessor so appointed shall have all the" powers and be en- titled to all the emoluments which appertain to the office. thi! Vpf ^LT^ '^''^' *"^^"^"^^^' f ^e^f^r or collector, acting under runishment of this Act, makes any unjust or fraudulent assessment or collec- *^'"''«' '^««««- fraudulent^ inl? J^^r^^'^o^ ^^"ector's roll, or wilfully and rki^r'Aaud- iraudulently inserts therein the name of any person who should "!«"* *«««««■ not be entered, or fraudulently omits the name of any person ""'"*'' '*"' tlttl^i:^Y\'\7'^'''''^ '''''''' ^"^ clutyreq':iLdof rn^,4^f r . ' T- '!''i ..'P^^, conviction thereof, before a inclfh r^'^iSr"'^'"*/"*"' >" ^^^^^« ^« ^^^^ not exceed- ing two hundred dollars, and to imprisonment until the fine be paid, or to imprisonment 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. x2^^JT^ **" the satisfaction of the jury, that any real mat «hall be property was assessed by the assessor at an actual value oreater V'^''''^^ °f sh.lTL*^^'^ '^' ?"^ ^'*^^^ ^^^"f ' ^y *^i^ty per eentum thereof, Sment. o^fraudulenr'^''''' ' ' '* ^^' assessment was unjust fr»nl?i;^'' ''''^''''' rri?u'^ ""^ ^'^"^^"^ "^^^^ ^"^y "nj"«t or Assessor liable Iraudulent assessment, shall be sentenced to the greatest punish- *« tl^« ^^^'^^^ ment, both to fine and imprisonment, allowed by this Act. pumshment. 180.^ With reference to the Upper Canada Jurors' Act, if .an Penalty for assessor 194 ASSESSMENT OF PROPERTY. not making and cimplet- ing at '.esBment toUb I y the proper time. Not to impair any other liaDility, Proceeding'? f tr compellinfj collectors to pay over moneys colU^c- ted to the pro- per treasurer. Warrant. asses,sor of any township, village or ward, neglects or omits to make out and complete his assessm'^nt roll for the township, village or ward, and to return the same to the clerk of such township or village, or of the city or town In ,/hich 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 v/hich h*. is assessor, every such assessor so offending shall for- leit for fvery such offence the sum of two hundred dollars, one moiety thereof to the use of the municipality, 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 infor- mation ; but nothing herein contained shall be construed to re- lieve any assessor from the obligation of returning his assess- ment roll, at the period required elsewhere by this Act, and from the penalties incurred by him by not returning the same accordingly. iSl. If a collector refuses or neglects to pay to the proper treasure}- f»r chamberlain, or other person legally authorized to receive the same, the sums contained in his roll, or duly to ac- count for Jiie same as uncollected, the treasurer 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, direct'^d to the sheriff of the cr : nty or city (as the case may be) commanding him to levy of th- goods, chattels, lands and tenements of the collector and his sureties, such sum as remains unpaid and unaccounted for, with costs, and to pay to the treasurer cr chamberlain the sum so unaccounted for, and to return the warrant within forty days after the date thereof Warrant to bo 183. The Said treasarer or chamberlain shall immediatelj sheriff?etc!' deliver the said warrant to the sheriff of the countj'^ or city, as the case may require. Sheriff, etc., 183. The sheriff to whom the warrant is directed shall andpfv^money within forty days cause the same to be executed, and make re- turn thereof to the treasurer or chamberlain, and shall pay to h*m the money levied by virtue thereof, deducting for his fees ohe same compe:.isation as upon writs of execution issued out of Courts of Record. levi', the omission, he shall be liable to a penalty of two hundred "*'"'"^°"^ dollars, to be i^covered from him in any court of competent irlt^Sat^^ t^' ''— ^'^^^ countyTtr he of.cer, for the pubhc uses of the Province, or for any spe- Trred'TAr ^^^°HT'.^^ *^1 ^^* under which thJsre IS raised, sha 1 be assesses, levied and coUectedby, and account- ner and at the same time as taxes imposed on the same property for county or city purposes, and shall, in law and -ouitv W deemed and taken'to be moneys collected fir' the couX to^ urer with t " '" '^Tf '""'l 'f ''''''' ^l^^^iberlain o^r'tre^ urer with the same, and to render him and his sureties respon- sible mi 196 ASSESSMENT OF PROPEK'Tk'. sible therefor, and for 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, town or county. How money 191. All moneys collected for county purposes, or for any of county pur-'^ ^^^ purposes mentioned in the preceding section, shall be pay- poses shall be able by the collector to the township, town or village treasurer, paid over. ^^^ -^^ j^- ^^ ^^ ^^^ county treasurer, and the corporation of the township, town or village shall be responsible therefor to the corporation of the county. Collectors or treasurers bo and to ac- count for all moneys collect- ed by them. 193. Any bond and security given by the collector or trea- surer to the corporation of the township, town or village, that he will account for and pay over all moneys collected or received by him, shall apply to all moneys collected or received for county purposes, or for any of the purposes mentioned in the one hundred and ninetv-first section. Local trea- surer to pay over county moneys to county trea- surers. Mode of en- forcing such payment. Warrant to Sheriff. How the sheriff shall levy. County trea- surer, etc., to account for and pay over Crown moneys. 193. The treasurer of every township, town or village shall, within fourteen days after the time 8.ppointed for the final set- tlement of the collector's rolls, pay over to the treasurer of the county all moneys which were assessed and 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. 194. If default be made in such payment, the county trea- surer 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 un^ier 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. 195. The sheriff upon receipt of the warrant, shall le"'7y and 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, and he shall levy the amount of costs and fees in the same manner as is provided by the " Act respecting the Municipal Institutions of Upper Canada," in cases of writs of execution. 196. The county treasurer and city chamberlain, respec- tively, 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 sectioa of this Act, and shall pay over such moneys to the treasurer of the Province. 19T. ASSESSMENT OF PKOPERTY. 197 Her tJ' • r^ county, city and town shaU be responsible to Municipality Majesty, and to all other parties interested, that all moneys responsible for coming into the hands of the treasurer or chamberlain of the '""^"""'^^y^ county, city or town, in virtue of his office, shall be by him duly paid over and accounted for according to law. 198. The treasurer or chamberlain and his sureties shall Treasurer, be responsible and accountable for such moneys in like manner ®.*w' "^pon- to the county, city or town, and any bond or security given by ?y, etc! '°"" them for the duly accounting for and paying over moneys com- ing 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 ninetieth section, and may be enforced against ^^ the treasurer or chamberlain, or his sureties, in case of default on his part. ^ 1»9. The bond of the treasurer or chamberlain and his Bonds to sureties shall apply to school moneys, and all public moneys of ^P^P^y,*" the Province, and in case of any default. Her Majesty may en- moneys, etc. torce the responsibility of the county, city or town, by stopping a like amount out of any public money, 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 300. Any person aggrieved by the default of the chamber- City, etc, re- lam or treasurer, may recover from the corporation of the city «Poii«We for county or town, the amount due or payable to such person as chrmberiain, money had and received to his use. etc- MISCELLANEOUS. 201. If any person wilfully tears down, injures or defaces Penalty for any advertisement, notice or other document, which is required tearing down by this Act to be posted up in a public place for the information °°"''^'' **''• of persons interested, he shall, on conviction thereof in a sum- mary way before any Justice of the Peace having jurisdiction in the county, city or town, be liable to a fine of twenty dollars and in default of payment or for want of sufficient distress, to imprisonment not exceeding twenty days. • ^^\ T^® ^^^^ ^^^ forfeitures authorized to be summarily Recovery of imposed by this Act shall, when not otherwise provided be fi^^es, and for- levied and collected by distress and sale of the offender's goods fmSed^"""^^ and chattels, under authority of a warrant of distress to be issued by a Justice of the Peace of the county, city or town, and in default of sufficient distress, the offender shall be com- mitted to the common gaol of the county, and be there kept to hard labour for a period notexceedip': one month. 203. ■ I i OS .1 198 Application. ASSESSMENT OF PROPERTY. 203. When not otherwise provided, all penalties recovered under this Act, shall be paid to the treasurer or chamberlain, to the use of the municipality. Chap. 55, Con. Stat. U.C, and Acts amending it repealed. REPEALING CLAUSE. 204. The Assessment Act of Upper Canada hereby repealed, and all other Acts inconsistent with this Act are hereby repealed, saving any rights, proceedings, or things legally had, acquired' or done under such Acts or any of them, and all things begun but not completed thereunder may be continued to completion as validly and with the same effect as if this Act had not been passed, and all bonds and covenants made to any municipal cor- poration shall be as valid and binding as if made or given under this Act. • SCHEDULE A. Form of notice hy non-'^^esident owner of land requiring to he assessed therefor : — To the clerk of the municipality of Take notice that I (or we) own the land hereunder mentioned, and require to be assessed, and have my name {or our names) entered on the Assessment Roll of the Municipality of (or ward of the municipality of ) therefor. That my {or our) full name {or names), place of residence, and post office address, are as follows : — A .B., of the township of York, shoemaker, Weston Post Office (as the case may he). Description of land (here give such des- cription as will readily lead to identification of the land). Dated the Witness, G. H. day of 18 CD. SCHEDULE ASSESSMENT OF PROPERTY. 199 ■^i h u g O H H O CC Q S pq W Q H CO S3 •sasjoq JO 'ojii •gSoq JO '0^ •daaqg jo 'Oij •uoiHiiaa I •(juapjsai gB pa^jw uosj ad JO jfijniBj in suosjad jo -o^ ■saqotia I 'saoQ •jnoqui s,/C«p jo -o^ •pio swoif 09 o; IS mojj suosjaj Pi g ■< 2 §1 § •oraooo} aiqmroj puB XtJQdojcI IBUOSJSd put! IB8J jo oniBA t^ioi O tn W CO H •araoaui a[qt!xt!i piw jf'nadoad jBuosiad jo aniBA i^^oi -laui aiqBXBx ■anioDui irem jaq^o X')jadojd jBuosaad jo anpiA fa O hi u 02 O EH H •i ■* a! o 'iC)jadojd iBa.t jo anfB/. lo^oj, •A^jad ■ojd ITOJ JO laojBd q a^a jo arqBA 'sa3i!i[!A pnB sumoi '691)13 uj JO 'uo )[(nq jo iuboba 'sdigsajto) m pajBap saaoB jo o^ •o^d 'naaj 'sajoB jo -oa •o%a 'asnoq '^oj jo •oj.i ■tionBuSisap jaq'^o JO ojBnbs '^aaji^s 'uoissaouoo •aonoas looqog E s »-■ 03 U OQ I? ^ •^uapjsaj-uo^ 'jauMo aq^ ^ou sj oAi) uranioo n\ pauiBu uosjad uaqM jaiLuo jo ssajppB piiB ouibh ■)r\:r"\->3o JO a3v •%\ve -U9% JO japioqagncq 'japioqaajj •aonBdnooo •^1. Bd a[qn •xe% jaq^o jo ((uvdnaoo jo amB^i •(loj uo -ojj I c-el s g o ® fl OJ li- fe S =4 o m "* a.i-i n3 O O p £?« . >V » o 1* C3 99 d .fJ bog SO ^•s oo ft o > •1-4 H HI a-^ O g ® g.g'^-S' S 3 "S -s a ^Iga O) o ■+3 c3 O O M CO SCHEDULE jm m If soo ASSESSMENT OF PROPERTY. SCHEDULE C. To all to whom these Presents shall come. We, of the Warden and Treasurer of the County of of the of Esquire, of send greeting : — Whereas by virtue of a warrant under the hand of the War- den and seal of the said County, bearing date the da-y in the year of our Lord one thousand eight hundred and commanding the Treasurer of the said County to levy upon the land hereinafter mentioned, for the arrears of taxes due thereon with his costs, the Treasurer of the said County did on the day of in the year of our Lord one thousand eight hundred and sell by public auction to of the of in the County of that certain parcel or tract of land and premises hereinafter mentioned at and for the price or sum of of lawful money of Canada, on account of the arrears of taxes alleged to be due thereon up to the day of in the year of our Lord one thousand eight hundred and together with costs : Now know ye that we, the said and as Warden and Treasurer of the said County in pursuance of such sale, and the Assessment Act of 1869, and for the considera- tion aforesaid, do hereby grant, bargain and sell unto the said his heirs and assigns, all that certain parcel or tract of land and premises containing being composed of (describe the land so that the same may he readily identified.) In witness whereof we, the said Warden and Treasurer of the said County, have hereunto 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 County Council hath countersigned. Countersigned, E. F., Clerk. A. B., Warden, [Corporate Seal.] C. D., Treasurer. SCHEDULE ASSESSMENT OF PROPERTY. SCHEDULE D. Form of declaration by party complaining in person of over- charge on personal property : I, A. B., (set out name in fall with place of residence, busi- ness, trade, profession or calling), do solemnly declare that the true value of all the personal property assessable against me (or as the case m,ay be), as trustee, guardian or executor, etc., with- out deducting any debts due by me in respect thereof is (in case debts are owed in respect of such propetiy), that I am indebted on account of such personal proper- ty, in the sum of and that the true amount for which I am liable to be rated and assessed in respect of personal property other than income is SCHEDULE E. Form of declaration of party complaining in person of over- charge on account of taxable income: I, A. B., (set out name in full with place of residence, busi- ness, trade, profession or calling), do solemnly declare that my gross income, derived from all sources, not exempt by law from taxation, is 201 fi'iS I I M e same may SCHEDULE F. Form of declaration by party complaining of overcharge in respect of personal property and taxable income: I, A. B.,(set out name in full with place of residence, business, trade, profession or calling), do solemnly declare that the true value of my personal property other than income, is (if there are debts add), that I am indebted on account of such personal property in the sum of that my gross income derived from all sources, not exempt by law from taxation, is and that the full amount for which I am by law justly assessable, in respect of both personal property and income, is SCHEDULE 202 ASSESSMENT OF PROPERTY. SCHEDULE G. Form of declaration by agent of a party complaining of overcharge on personal property : — I, A.B., (set out name in full, vntJi place of residence, business, trade, profession or calling), agent for C. D. (set out name in full, with place of residence, and calling of person assessed), do solemnly declare that the true value of all the personal property assessableagainst the said CD. (or as the case maybe), as trustee, guardian or executor, etc.) is (In case there are debts in respect of the property add) — the said CD. is indebted on account of such personal property in the sum of and that the true amount for which the saidC D.is liable to be ratedand assessed in respect of personal property, other than income, is and that I have the means of knowing, and do know, the extent and value of the said C D.'s personal property, and debts in respect thereof. A.B. SCHEDULE H. Form of declaration by agent of party complaining of over- charge ivj taxable income : — I, A. B. (set out name in full, with place of residence, business, trade, profession, or calling), agent for CD. (set out name in fall, with place of residence, and calling of person assessed), do solemnly declare that the gross income of the said CD. derived from all sources not exempt from taxation by law, is and that I have the means of knowing, and do know, the income of the said CD. SCHEDULE I. Form of declaration by agent of party complaining of an overcharge in respect of personal property and taxable in- come: — ■ I, A. B. (set out name in full, with place of re8id3nce,business, trade, profession, or calling), agent for CD. (set out name in full, ASSESSMENT OF PROPERTY. fall, with place of residence, and calling of person assessed), do solemnly declare that the true value of the personal propertv of the said CD. other than income, is ^ f J that the cross income of the said O.D. derived from all sources not exempt by law from taxation, f ,. ,^, ..r^^. . , and that the full amount tor which the said CD, is justly assessable, in respect of both per- sonal property and income, is , (If there are debts on account of the property add) the said CD. is indebted on account of such personal propertv in the sum of and that I have the means of knowing, and do know, the truth of the matters hereinbefore declared. 20S 1 1 'i ' f i T 1 < I w Ther the I follow 1. ferm( Onta so to in th licens sale c ks or ». to di printi value the ti 3. cipali taver part ( cities, and i: vessel lars ; thatf five, i n AN ACT RESPECTING TAVERN AND SHOP LICENSES. (Assented to 23rd January, 1869.^ ITTHEREAS it is expedient to amend and consolidate the Preamble. »» several enactments relating to tavern and shop licenses: Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. No person shall sell by wholesale or retail any spirituous, No person to fermented or other manufactured liquors within the Province of sell liquors Ontario, without having first obtained a Ucense authorizing him Sse^xcept so to do, as heremafter provided : Provided always, that nothing brewer and m this Act contained shall prevent brewers and distillers, duly ^^*»^«"- Hcensed by the Government of Canada, from selling, by whole- 33 y sale only, spirituous, fermented or manufactured Uquors,in casks s. 1. '"' *"' ' ks or vessels containing not less than five gallons each. ^ It shall be lawful for the Lieutenant-Governor in Council Licenses to to direct the issue of licenses on stamped paper, written or °^ ^^^p^^ printed, or partly written and partly printed, of the several ^''^''' values after mentioned, which said licenses shall be signed by the treasurer of this Province. 3. Over and above the sum which may be imposed by muni- Duties pay- cipahties, as hereinafter provided, there shall be paid for each ''^^^^ tavern license, to and for the use of Her Majesty (and forming part of the Consolidated Revenue Fund of' this Province), in cities, a duty of twenty dollars; in towns, of seventeen dollars; and m townships and incorporated villages, of ten dollars; for vessels navigating the waters of this Province, of twenty dol- lars ; and for each shop license, of twelve dollars : Provided Proviso. that for each tavern license mentioned in section six, subsection five, the Provincial duty shall be twenty-five dollars. 4. 206 TAVKRN AND SHOP LICKNHES. Dutleii and rumunoration. ismier of 4. Tho Lieutenant-Governor may, from time to time, iipimint apiwintei " *\"" ^}^ '^"'^ proper person in ench county, city, riiling or nnuii- cipality, to l)o calletl " Is.suer of iicenHe.s," whose duty it sliall he to issue licenses for the county, city, riding or nninicipality for which ho shallhe ap[)ointed, and who sliall countersign every license issued by him, for wliich service he shall bo entitled to retain out of the moneys received by him fur licenses tho sum of six per centum, and the residue thereof ho shall pay to the treasurer of Ontario in such manner as the said treasurer ahall from time to time ''^^^ ^^^ Commissioners of police in cities, may respectively make by-laws, pass by-laws : — for granting (1.) For granting certificates to obtain tavern licenses for the shlpTicense retail of spirituous, fermented or other manufactured liquors, to certificates, 33 bo drunk in the tavern, inn, ale house, beer house or other place v., c. 28, s. 2. Qf public entertainment in which the same is sold, and also licenses for the sale of such liquors in quantities not letih ihan one quart in shops, or places other than taverns, inns, ale hciUKc*, beer houses or places of public entertainment ; (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; (3.) For de^ia. iiig the security to be given by an applicant Licenses iwued. Vcsflolfl' licenses. Proviso. Penalty. Terms and conditions. Security. for a shoi) paUty ; i, f »r observing the by-laws of the munici- Number limited. (4.) For limiting the number of tavern and shop licenses respectively ; (5.) TAVERN ANU .SHOP LICENSES. 207 (5.) For declaring that iinitios a numl)er not oxceoding ten Certain por- pei-Horis, uiul in towns a nunihor not oxcrccliug four personH «""« ex«'ni|.Uil qualiHedt..lmveatavornliconHo,nuiy be exempted from the' lr„l3 necessity ot liaving all the tavern accommodation renuirod bv *'"»•• law ; '■ ^ (G.) For regulating the houses or places to be licensed; the Regulation of time tlje licenses are to he in forcie, not exceeding one year pwl^lio »>ou«m. dating from the first .lay of March in each year; and the sums to bo j)aul therefor respectively ; (7.) For prohibiting the sale by retail of spirituous, formen- Maloof liquon. tea or otiier manufactured licjuors in any tavern inn or otjior '" taverns or house or place of ijublic entertainment ; and for prohibiting al- SL'Sa ^' tog h.L'r the sale thereof m shops and places other than houses of public entertainment : Provided that the by-law before the final passing thereof has been duly approved of by the electors of the municipality in the manner j)rovided by the Acts t^wenty- nine and thirty Victoria, chapter fifty-one ; (8.) For appointing annually one or more fit and proper per- Inspectors •sons, possessing the same property qualifications as that reiiuired ""^y bo ap- for members of the council of the municipality, to be inspec- ''"'"*^'^' tor or inspectors of licenses ; (9 ) For fixing and defining the duties, powers and privileges and th»ir ot the inspector or inspectors so appointed ; the remuneration ''"^''^s '""^ re- he or they shall receive ; and the security to be given for the Sed"°" efhcient discharge of the duties of the o'ffice of ir.spector. • *?^" ^vf y *''^vern and inn authorized to bo kept under the pro- AccommoJa- visions ot this Act shall contain, and during the continuance *^"" required, of the license shall continue to contain, in addition to what maybe ^^ ^' ""' ^^' "' ^ needed for the use of the family of the tavern or inn-keeper, not less than four bed-rooms, with a suitable complement of bed- ding and furniture, and (except in cities and incorporated to' vi>) there shall also be attached to the said tavern or inn, proper stabling for at least six horses. 8. The clerk of every municipaHty and the police commis- Certificate of sioners m every city shall, wiiere the number is fixed by by-law ""^ber of on or before the fifteenth day of February in each year, deliver SfeTbr" to ttie issuer ot licenses fur the county, city, ridino- or muni- furnished to cipality in which such municipality is situate, a° certificate '''"''"• under his or their hand, stating and shewing the number of tavern and sh on licenses whiVli nre Qii+li'->»'i'^"rl l^^ +v,„v— i-— r in tliat behalf to be issued for the then next ensuing year, and any such clerk or police commissioners neglecting, omitting or 208 TAVERN AND SHOP LICENSES. or refusing to deliver such certificate by the time aforesaid, Penalty, shall incur a, penalty of not less than forty dollars, nor more than one hundred dollars. Issuer not to 9, The issuer of licenses for each county, city, riding or numberf"''*'''^ municipality, as the case may be, shall not issue a greater num- ber of tavern and shop licenses in any county, city, riding or municipalit}'-, than is named in such certificate or certificates, as -he case may be. Sum to be paid in addi- tion to Pro- vincial duty. Proviso. Sucli sums to be approved by public vote, etc. Licenses to be such for pur- poses of Pro- vincial duty, etc. No certificate to be granted except upon petition. 33 V,, c, 28, s. 4. 10. The sum to be paid for a tavern or shop license, in addi- tion to the Provincial duty hereinbefore imposed, shall be euch a sum as shall be fixed by by-law as aforesaid, and, including the Provincial duty, shall be in cities, not less than eighty dol- lars ; in towns, not less than sixty dollars ; and in townships and incorporated villages, not less than thirty dollars for each tavern license ; and in all the places aforesaid, not less than fifty dollars for each shop license : Provided always, that for each tavern license mentioned in section six, subsection five, the said sum in cities shall not be less than one hundred and twenty dollars, and in towns not less than one hundred dollars ; but no by-law by which a greater sum than one hundred and thirty dollars per annum is intended to be exacted for any tavern or shop license, or for leave to exercise any other calling, or to do any other thing for which a license may be reqiiired, shall have any force or eft'ect, unless the by-law, before the final passing thereof, shall have been duly approved by the electors of the municipality in the manner provided by the Act twenty-nine and thirty "Victoria, chapter fifty-one ; and any by-law so passed shall not be varied or repealed, unless the varying or repealing by-law shall have been in like manner submitted to and ap- proved of, by the electors of the said municipality. 11. Every tavern and shop license issued under this Act shall be a license for the purpose of the Provincial duty, as well as for the sum to be fixed therefor by by-law as aforesaid ; and the sum paid for the license, over and above the Provincial duty, shall be applied to the use of the municipality within which is situate the tavern, inn, ale house, beer house, shop or other place in which such license is to have effect. 1 3. No certificate for a license to sell spirituous, fermented or other laaniifactured liquors by wholesale or retail in any tavern, ale house, beer house, place of public entertainment or shop, shall be grai ted to any applicarxt, except upon petition by the appli- cant to the council of the township, town, or incorporated vil- lage, and to the commissioners of police in cities, as the case may be, in which the license is to have effect, praying for the same ; TAVERN AND SHOP LICENSES. 209 same; nor until the inspector, to be appointed as aforesaid, shall have reported that the applicant is a fit and proper person to have a license and has aU the accommodation required by W : Provided always, that it shaU not be lawful lor the coun- And not to be cil of any township, town, incorporated villa^^a, or the commis- ^aJted at ^' sioners ol police m any city, to grant any certificate for a license *'^'f"P *™"« or any certificate whatsoever, whereby any person can obtain '"^^ '*"" or procure any license for the sale of spirituous, fermented or mtoxicatmg hquors, on the days of the exhibition of the Ami- cultural Association of Ontario, or of any county, electoral division, or township Agricultural Society exhibition, either on the grounds of such society, or within the distance of three nunclred yards from such grounds. 13. Any member of a municipal corporation, or officer or Penalty for other person who shall, contrary to the provisions of this Act issuin^certifi- vote for or issue or cause or procure to be issued, a certificate ^oWri^f^ for a tavern or shop hcense, shall, upon conviction thereof fo^. *^^'^*'*- each oflence pay a fiae of not less than forty dollars nor more than one hundred dollars; or the offender or offenders may be imprisoned m the county jail of the county in which the con- month ^ ^^"°^ ^^^ exceeding three calendar 14. It shall be the duty of the commissioners of poHce in Cases -n which cities, ot the mayor and cler ^ in towns, and reeve and clerk in certificates to townships and incorporated viUages, respectively, upon appiica- ^^^''''^^^ tion ot any person requiring a license or transfer thereof, if it 33 V c 28 shall appear that such applicant has complied with the require- « 5 ' ' ''' ments of the law, and of the by-laws and regulations of the municipality made in that behaJ", and is therefore entitled thereto to grant such appUcant a certificate under his or their hand, statmg that he is entitled to a license for a certain time ana lor a certain tavern, inn, house or place of public entertain- ment or shop withm the municipality to be mentioned in such certificate ; and the said applicant shaU forthwith take the said certificate to the issuer of licenses for the raunicipaUty withi', which the said license is to have effect, and, on presentation thereof to the saiJ Issuer of licensee, and payment to him of Mode of pro- the Provincial duty thereon, the said issuer of Hcenses shall f^'^''^ l*"^ ''^■ issue to such applicant a license: Provided always, that theSfs.*''''" said license shaU be invalid, inoperative and of no effect until Proviso, the said applicant shall have paid to the chamberlain or trea- surer of the said municipality the sum fixed therefor by the said municipality in manner in this Act provided, for thfi use of the said municipality, and shall have obtained a receipt for such payment signed by the said chamberlain or treasurer and en- dorsed on the said license ; and it shall be the duty of' the said • chamberlain 210 TAVERN AND SHOP LICENSES. Not lawful for chamberlain •r treasurer to take money for certificate, until Provin- cial duty paid. Penalty. chamberlain or treasurer, on payment or tender to him of the money last aforesaid and the said license, to fill up and sign such receipt. 15. It shall not he lawful for the commissioners of police in cities, or any of them, nor for any member of any municipal council, nor for the clerk, chamberlain, treasurer or any officer of such municipality, either directly or indirectly, to receive, take or have any money whatsoever, for any certifi- cate, matter or thing connect* 1 with, or relating to any license, or the sum to be therefor paid to the said municipality, or any part thereof, or to receive, take or have any note, security or promise for the payment of any such money or any part thereof, from any person or persons whatsoever, until and after the said license shall have been issued by the Issuer of licenses, in the manner aforesaid ; and any person or persons guilty of or concerned in, or a party to any act, matter or thing con- trary to the provisions of this section, or that immediately pre- ceding it, shall forfeit and pay to and for the use of Her Ma- jesty a penalty not less than fifty dollars, nor more than one hundred dollars, besides costs, for every such offence. offi^fby" . '^- ^^ ^^y °^^®^' ^^ ''^^y municipal corporation shall be con- municipal victed of any offence under this Act, he shall thereby forfeit Sd under''" ^^^ vacate his office, and he shall be disqualified to hold any Act. office in any municipality in this Province for two years there- after. officltymuni- • ''''; ^ ^"^^ member of any municipal council shaU be coii- dpal council- victed of any offence under this Act, he shall thereby forfeit and ed under"'^''*" "^^^^*.® ^^^ ^^^^' ^^^ ^^^^ ^^ ineligible to be elected to or to sit oi- pen"aU^ ^ote in any municipal council for two years thereafter ; and if any such person, after the forfeiture aforesaid, shall sit or vote in any municipal council, he shall incur a penalty of forty dol- lars for every day he shall so sit or vote. Transfers of licenses. 18. If any person, having lawfully obtained a license under this Act, dies before the expiration of his license, or removes from the house or place in respect of which the said license ap- plies, such person, his assigns or legal representatives may, with the consent of the Issuer of licenses for the municipality in which the said license has effect, (such consent to be endorsed on the said license, and for which a fee of two dollars shpll be paid to the said Issuer of licenses), transfer such license to any other person who, under such transfer, may exercise the rights granted by such license, subject to ail the duties and obliga- tions of the original holder thereof, until the expiration there- of, in the house or place for which such license was issued and to TAVERN AND SHOP LICENSES. 211 license under to which It appbes, but in no other house or place : Provided 33 v., c. 28. always, that m every such case the person in whose favour anv '• ^• such transfer IS to be made, shaU first produce to the said Issuer ot bcenses a certificate similar to that mentioned in the four- teenth sectic of this Act : Provided also, that such transfer shaU be made withm one month after the death or removal of the original holder of such license, and not afterwards. ^nliL"^^ Inspector of licenses may, in his discretion, but Inspector of subject to any by-law of the mumcipality, or Commissioners of ^<=«°»«« '"ay Police, endorse on any license permission to the holder thereof movlf of tav' or his assigns or legal representatives, to seU the liquors men- em keeper L tioned inhis hcense at any place out of his house, or to remove ^'^°*^"^'^ J'"^*- Irom the house to which his said license applies to another house to be described m an endorsement, to be made by the said In- spector on the said Hcense, and situate within the same munici- pality; and such permission shall authorize the holder of the said license to sell the same Hquors in the house mentioned in the endorsement during the unexpired portion of the term for which the said hcense was granted, and upon the same terms and conditions; and any bond or security which such holder of a license may have given for any purpose relative to such li- cense shall apply to the house or place to which such removal IS authorised, but shall not entitle him to sell at more than one place at the same time. 30. Every person who keeps a tavern, inn, ale house, beer Tavern keep- house, or other house or place of public entertainment, and has e- toSt a tavern license shall exhibit over the door of such tavern, inn f£Zd^"^^ ale house, beer house, or other place of public entertainment, in large letters, the words, " Licensed to sell wine, beer, and other spirituous or fermented liquors," and in default thereof shall be liable to a penalty of one dollar besides costs. ?JI. No licensed shop keeper, or other person having a shop ShopUcense license, shall allow any liquors sold by him, or in his possession ?ottoauthor- lor sale, and for the sale of which a license is required, to be io\eT^^5 consumed withm his shop, or within the building of which edlnthT^ such shop IS a part, either by the purchaser thereof, or by any 33T c 28 other person not usually resident within such building, under "a « 7 ' ""' penalty of ten dollars besides costs. Penalty. 32. Any person who shall sell or barter spirituous, ferment- Penalty for «d or raanutactured liquors of any kind, or intoxicating liquors f.^Ui'^g without 01 anv kind Avif.hniif iha. }\nr^^c^ i-i.r. — e i-— i^ • ° -. \ ,, license. f^„ .-c: iiT "^ ^ ^ xiy,,^ou wieiciui- uy liiw required, shall, torthehrat offence on conviction thereof, forfeit and pay a penalty of not less than twenty doUars besides costs, and not more than fifty dollars besides costs ; and for the second offence, on 212 tavp:rn and shop licenses. All places where intoxi- cating liquors sold to be clos- ed from seven o'clock on Sat- ■urday night till six o'clock on Monday morning. Exception. on convicticn thereof, such person shall be imprisoned in the county gaol of the county in which the offence was committed, to he kept at hard labour for a period not exceeding three cal- endar months ; and for the third and any after offence, on con- viction thereof, such person shall be imprisoned in the county gaol of the county in which the offence or offences were com- mitted, to be kept at hard labour for a period of six calendar months ; and the number of convictions may be ascertained by the production of a certificate under the hand of the convicting Justice, or by other satisfactory evidence. /JJJ. In all places where by the laws of the Province of On- tario 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 clock on Saturday night till the hour of six of the clock on Monday morning thereafter, and dur- ing any further time on the said days, and any hours on other days during which, by any by-law of the municipality wherein such place or places may be 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 purposes, signed by a licensed medical practitioner, or by a Justice of the Peace, is produced by the vendee or his agent, nor shall any such liquor 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. Penalty for contravention of section 23. 34. For punishment of offences against the next preceding section of this Act, a penalty, for the first offence against the provisions thereof, of not less than twenty dollars with costs, or fifteen days imprisonment with hard labonr, in case of convic- tion, shall be recoverable from, and leviable against, the goods and chattels of the person or persons who are the proprietors in occupancy, or tenants or agents in occupancy of the said place or places, who shall be found by himself, 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 not less than forty dollars with costs, or twenty days imprisonment with hard labour; for a third offence, a penalty against all such of not less than one hundred 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 jail of the county wherein such place or places may be, the number of such offences to be ascertained by the production of a certificate under the hand of TAVERN AND SHOP LICENSE?. of the convicting Justice, or by other satisfactory evidence to the Justice before whom the information and complaint may be made ; 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 in this section impused shall only be recoverable in the case of offences committed on different days. 35. ' All prosecutions under this Act for the offences of vend- mg, selling or disposing of wine, whiskey, gin, rum, brandy, beer, ale, cider, or any spirituous, fermented or manufactured hquors without license, whether the prosecution be for the re- covery of a penalty or for punishment by imprisonment, shall take place before any two or more of Her Majesty's Justices of the Peace having jurisdiction in the municipality in which the offence is committed, or in cities and towns where there is a Police Magistrate, before the Police Magistrate, who it is hereby declared shall have authority to hear and determine the same m a summary manner accordinsr to the practice and procedure, and after forms contained in and appended to the Act chapter one hundred and three of the ConsoUdated Statutes of Canada, entitled An Ad respecting the ditties of Justices of the Peace out of Sessions in relation to summary convictions and orders, and the Act or Acts amending the same ; and on such trial and proceedings the prosecutor or complainant shall be a competent witness, and the conviction or order of the said two or more Justices, or of the said Police Magistrate, as the case may be, shall be final and conclusive ; and against such conviction or order, there shall be no appeal to the Court of General Sessions of the Peace, or to any other Court, any statute, usage, custom, or law to the contrary notwithstanding ; and all prosecutions under this section shall be commenced within twenty days after the commission of the offence or after the cause of action arose and not afterwards. ' 213 Prosecutions for selling without license to be before two or moro Justices or Police Magistrate. Mode of pro- cedure. Conviction to be final. Prosecutions to be com- menced within twenty days. m 26. All prosecutions under this Act, other than those men- tioned in the next preceding section and section thirty-five whether for the recovery of a penalty or otherwise, may be brought and heard before any one or more of Her Majesty's Jus- tices of the Peace in and for the county where the forfeiture took place, or the penalty was incurred, or the offence was com- mitted or wrong done, and in cities and towns in which there is a Pohce Magistrate, before the Police Magistrate ; and the pro- cedure shall be that of Justices out of Sessions in relation to summary convictions and orders ; sind all prosecutions provided tor under this section shall be commenced within two months after All other pro- secut'ons may be before one or more Jus- tices, or a Police Magis- trate. Mode of pro- cedure. Prosecutions to be com- 214 TAVERN AND SHOP LICENSES. menced within after the commission of the offence or the cause of action arose and not alterwards. two months. person 37. cuter, etc. Provision as to harbouring constables on duty. Any person may be the prosecutor or complainant in prosecutions under this Act ; and no person shall be rendered incompetent f ,s a witness by reason of his being entitled to any portion of the penalty sought to be recovered. 28. Any person licensed to sell wine, beer or spirituous liquors, or any keeper of any house, shop, room, or other place for the sale of liquors, who shall knowingly harbour or entertain any constable belonging to any police force, or suffer such person to abide or remain in his shop, room or other place during any part of the time appointed for his being on duty, unless for the pur- pose of quelling any disturbance, or restoring order, or other- wise in the execution of his duty, shall, for any of the offences aforesaid, be deprived of his license. ^^ts°to°^' *^^ "^"^^ police officer or constable, or inspector of licenses enter taverns, ™ay, at any time, enter into any tavern, inn, ale house, beer "♦^ house, or other house or place of public entertainment, or into any shop or other place wherein refreshments or liquors are sold, or reputed to be sold, whether legally or illegally ; and any per- son being therein, or having charge thereof, who refuses, or after due summons, fails to admit such police officer or constable into the same, or offers any obstruction to his admission thereto, shall be liable to a penalty of not less than ten dollars, nor more than fifty dollars for every such offence. tempirlnr ^^ ^"^ person who, on any prosecution under this Act, •withawitnes . tampers with a witness, either before or after he or she is sum- moned or appears as such witness on any trial or proceeding under this Act, or by the offer of money, or by threats, or in any other way, either directly or indirectly, induces or attempts to induce any such person to absent himself or herself, or to swear falsely, shall be liable to a penalty of fifty dollars for each offence. etc. 33 Vic, 0. 28, 8.8. Penalty. Penalt3r in money in cer- 31. money in cer- Exccpt othcrwise cxprcssly declared, the penalties in tain cases, how money in this Act mentioned, or any portion of them which may to be paid. be recovered, shall be paid to the convicting Justice or Justices in the case, and by him or them paid equally, one-half to the prosecutor or complainant, and the other to the Treasurer of the municipality wherein the offence was committed and the cause of action arose ; and for the recovery of the said penalties and legal costs upon and after conviction, in cases not appeal- able, and in cases appealable where no appeal has been perfected according to law, it shall and may be lawful for any Jus- tice TAVERN AND SHOP LICENSES. 216 tice or Justices to issue a warrant of distress to any con- stable or peace officer against the goods and chattels of the per- son or persons convicted; and in case no sufficient distress be found to satisfy the said conviction, tlien 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 within „ the county in which such conviction wa^ made for any period SshoTrl not exceeding thirty days, unless the penalty and all costs be coverabie. sooner paid. f ?i?" ^Y ^^^?^ '^^^' ^^"""^S violated any of the provisions Penalty in ot this Act, shall compromise, compound or settle, or shall offer "^se any per- or attempt to compromise, compound or settle the offence with promtf coT any person or persons, with the view of preventing any com- pound or settk plaint being made in respect thereof, or if a complaint shaU**'^^' have been made with the view of getting rid of such complaint, or of stopping or having the same dismissed for want of prose- cution, or otherwise shall be guilty of an offence under thw Act, and on conviction thereof, shall be imprisoned at hard labour m the common gaol of the county in which the offence was committed for the period of three calendar months. 33. Every person who shall be concerned in, or be a party to Penalty for the compromise, composition or settlement mentioned in the next ^^ing concern- preceding section, shall be guilty of an offence under this Act, ™oK** and on conviction thereof shall be imprisoned in the common etc gaol of the county in which the offence was committed, for the period of three calendar months. ;« ?.l"^''^'''''u ^"J ^^'^''^ respecting tavern or shop Hcenses Licenses when is repealed, altered or amended, no person shall be required to not required to take out a new license, or to pay any additional sum upon his ^^ ''^'"''^^'^^ hcense during the time for which the same has been granted to him. ° 35. The Mayor or Police Magistrate of a town or city, Keepers of di^ or the Keeve ot a township or village, with any one Justice "'"'^erly inns of the Peace, or any two Justices of the Peace having ?^^fenalS jurisdiction m the township or village, upon complaint made on oath to them, or one of them respectively, of riotous or disorderly conduct in any inn, tavern, ale house, beer house, or other house of public entertainment situate within their jurisdiction, may summon 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 disorderly house, and annul his license, or suspend the same for not more than sixty days, with or without costs, as Penaltiefl or punishments not to be re- mitted. Proviso. Meaning of words " li- quors" and "liquor." 216 TAVEEN AND SHOP LICENSES. aa in his or their discretion may seem just ; and in case the keeper of any such inn, tavern, ale house, beer house or place of public entertainment, shall be convicted under this section and his license annulled, he shall not be eligible to obtain ji license for the period of two years thereafter. 36. No Police Magistrate or Justice or Justices of the Peace, municipal council or municipal officer, shall have any power or authority to remit or compromise any penalty or punishment inflicted under this Act : Provided, however, that any convic- tion under this Act, except convictions under sections twenty- five and thirty-five, may be appealed from to the Court of General Sessions of the Peace, under the provisions of chapter one hundred and fourteen of the Consolidated Statutes of Upper Canada; but every such appeal shall be tried by the chairman of the said court, without a jury. 31. In this Act, the word "liquors" or "liquor" shall be un- derstood to mean and comprehend all spirituous and malt liquors, and all combinations of liquors and drinks and drink- able liquids which are intoxicating. iwliwTom^ . ?^- In ^11 cases where the Board of Police Commissioners in missioners in Cities are authorized to make by-laws, either under this or any have' Sties ?*^^^'' ^9^ «^ 1^^' ^^^y shall have power in and by such by-laws attached to attach penalties for the infraction thereof, to be recovered thereto, etc. and enforced by summary proceedings before the Police Magis- trate of such city for which the same may be passed, or in his absence, before any Justice of the Peace having jurisdiction therein, m the manner and to the extent that by-laws of city councils might be enforced under the authority of the Munici- pal Act of one thousand eight hundred and sixty-six; and the convictions in such proceedings may be in the form set forth in the said Act. Swrfuthenti' , ^^ ^^ by-laws of such Board of Police Commissioners shall cated, etc. be sufficiently authenticated by being signed by the chairman of such Board, who shall pass the same ; and a copy of any such by-law written or printed and certified to be a true copy by any member of such Board, shall be deemed authentic, and be received in evidence in any Court of justice without proof of any such signature, unless it is specially pleaded or alleged that the signature to any such original by-law has been forged. and^si^ctifnlof ^^- Sections from two hundred and forty-nine to two hun- ActR hereby dred and sixty-three, both inclusive, and sections two hundred pSt'pro-' ^?^ sixty-five, two hundred and sixty-six and two hundred and ceedings not sixty-seven of the Act of the last session of the Parliament of the THE LAW REFORM ACT OF 1868. 217 the late Province of Canada, entitled An Act respecting the Mu- thereby af- nwipal Institutions of Upper Canada, and also the Act of the f'"*"^- Legislature of this Province, passed in the first session of the present Legislature, thirty-one Victoria, chapter five, and all other Acts or parts of Acts which may be inconsistent with this Act are and each and every of them is hereby repealed : Pro- Proviso, vided always that aU things and aU proceedings done, taken or commenced shaU not be affected by the repeal of the said last nientioned Act, or of the said sections of the said first mention- ed Act, or of any other Acts, but the same and every of them Shall be, remain and continue the same as though this Act had not passed. Act if TseS^*"^ """""^ ^^ ^'^^"^ ^ '"^^'^ '^^'^^^^ "^"^"^ ^^^P Licenae Title. A-N" A.CT To amend sub-sections two and three of section nine of the Act passed in the thirty-second year of Her Majesty Queen Victoria, chaptered six, entitled The Law Reform Act of 1868," and to repeal sec- tion two of chapter one hundred and twenty-one of the Consolidated Statutes for Upper Canada. [Assented to 2Uh December, 1869.] WE « -t is_ desirable to amend sub-sections two and Preamble. t. -jction mne of the Act passed in the thirty- !^.?5 « ff • 'f"' Majesty Queen Victoria, chaptered six, en- titled The .toform Act of 1868," and to repeal section two ot Chapter Oxie hundred and twenty-one of the Consolidated statutes for Upper Canada entitled " An Act respecting the ex- penditure of County Funds for certain purposes within Upper Canada .-Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows : — ' 1. That from and after the passing of this Act, the word .32 Vic, ch. 6, Magistrates m the eighthhne of sub-section two of section nine «• 9- «^''-«- 2. of the first recited Act shall be struck out, and the words '''"'°*^"*- ±{oard of Audit hereinafter mentioned" substituted instead thereof 2. That sub-section three of section nine of the first recited 32 Vic, ch. c, Act 218 SECTION 78, CAP. 31, CON. STAT. U. O. AMENDED. t^'S^"' ^' ^^^ ^^^^^^ ^^ repealed from and after the passing of this Act, and County ac- countH, how and when undited. the following substituted in lieu thereof : — " Such of the said accounts and demands as shall be delivered on the first day of the sittings of the said Courts of General Sessions of the Peace, or of Oyer and Terminer and General Gaol Delivery, shall be audited by a Board of Audit, composed of the Chairman ot the Court of General Sessions of the Peace, and two other persons, who shall be appointed annually for that purpose by the County Council of such county or union of counties at their first meeting in each year, not nore than one of such persons, being a member, for the time being of such County Council : and such accounts and demands shall bo taken mto consideration in the week next succeeding the week in which such sittings ended, and disposed of as soon as practicable." 3. That it shall and may be lawful for the County Council of any county or union of counties to pay the persons appointed by them to serve on the Board of Audit constituted by this Act, any sum not exceeding two dollars each for their attendance at such audit. U?'c.^cL'i21, "*• "^^^^ ^^om and after the passing of this Act section two of a. 2, repealed.' Chapter one hundred and twenty-one of the Consolidated Statutes of Upper Canada (now Ontario), entitled " An A,ct respecting the expenditure of County Funds for certain pur- poses in Upper Canada" be and the same is hereby repealed. Fees to audi- tors. Con. Stat. ch. 31, 8. 78 amended. Ajiount to be paid Justices of the Peace for each panel. To amend section seventy-eight of Chapter thirty-one of the Consolidated Statutes of Upper Canada. [Assented to 2M December, 1869.] TTER Majesty, by and with the advice and consent of the -*-!- Legislative Assembly of the Province of Ontario, enacts as follows ; — fi. That the following words shall be added to the above quoted oeventy-eight section, and shall be read as a part of it " and for which services the said Justices shall each receive the rum of one dollar for each of such panels drafted, which sums shall be paid by the treasurer, on the receipt of the Sheriff's certificate that such service has been performed." TRAVELLINCJ ON PVBLW HIGH WAYS. 219 of the enacts as ^IST A.CT To regulate travelling on Public Highways. ITER MAJESTY, by and with the advice and consent ^J- Legislative Council and Assembly of Canada, en follows : WHEELED CAURIAOES OR SLEIGHS MEETINQ. 1. In case any person travelling or being upon any highway Carridges . in charge of a vehicle drawn by one or more horses, or one or meeting to more other animals, meets another vehicle drawn a.s aforesaid, rjht gS he shall turn out to the right from the centre of the road, allow- half the road, ing to the vehicle so met, one half of the road. 18 V.'c. 1.38 s. 2. ' Z In caae any person travelling or being upon any High- Carriago over- way m charge of a vehicle as aforesaid, or on horseback, be ^^^^-^ *« *"™ overtaken by any vehicle or horseman travelling at greater *° *^'*' "^'^*' speed, the person so overtaken shall quietly turn out to the right, and allow the said vehicle or horseman to pass. 18 V c. 138, s. 3. 3. In the case of one vehicle being met or overtaken by an- If the weight other, if by reason of the extreme weight of the load on either "^ °"« '^^ **^^° of the vehicles so meeting, or on the vehicle so overtaken, the P''^^"''*" *^- 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 IP DRIVER INTOXICATED. 4. In case any person in charge of a vehicle, or of a horse or Penalty on other animal used as the means of conveyance travellino- or <^"^|"' ^°-' being on any Highway as aforesaid, be through drunkenness maiS the^ unable to drive or ride the same with safety to other persons h<^"®^- travelling on or being upon the highway, he shall incur the penalties imposed by this Act. 18 V. c. 138, s. 4. RACING PROHIBITED. 5. No person shall race with or drive furiously any horse or Racing on other animal, or shout or use any blasphemous or indecent ^5^^*^^' ^°^' language upon any highway. 18 V. c. 138, s. 5. 6. lem 220 TRAVELLING ON PUBLIC HIOHWAYS. hiKh^av-'for 11 , ^^*^ ^^y person SO races or drives, or shouts or uses bidden ' blaapliemous or indecent language, he shall incur the penalties imposed by this Act. 18 V. c. 1^8, s. 5. SLEIOH BELLS. S huvJ'S , '^: Every person travelling upon any highway with a sleigh, sled or cariole, drawn by horse or mule, shall have at least two bells attached to the harness. 18 V. c. 138, s. 7. lUlIDGES. pHted itSo ^- Ey^^y P®^"" who has the superintendence and manage- bridgeB to ment of any bridge exceeding thirty feet in length, shall cause awts '^ ^ ^,'' P^^*^ "P ""^ ^'^^'^ «"'^ thereof, conspicuously placed, a notice legibly printed in the following form : "Any person or persons riding or driving on or over this " Bridge at a faster rate than a walk, will, on conviction thereof, " DC subject to a fine, as provided by law." 8 V. c. 44, s. 3. vZfnld^c- ?• ^^ pase any person injures, or in any way interferes with ing such no- '^uch notice, he shall incur a fine of not less than one nor more tice. than eight dollars, to be recovered in the same manner as other penalties imposed by this Act. 8 V. c. 44, s. 4. ^^ihtiS 1 ^^ ^^l ^^^^^ ^"^^^ ^^^'^^^ continues up, any person rides or forbidden. ' drives a horse or other beast of burden, over such bridge at a pace fiistcr than a walk, he shall incur the penalties imposed by this Act. 18 V. c. 138, s. G. Penalty for co»travening this Act. To be enforced by distress. PENALTIES. II. In cases not otherwise specially provided for, if any per- son 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 offence has been committed, the offender shall incur a penalty of not less than one dollar nor more than twenty dollars, in the discre- tion of such Justice, with costs. 13. If not paid forthwith, the penalty and costs shall be 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. LINK FENCES AND WATEU-COUltSES. 221 13. Tn default of payment or flistress, the offender shall, by Or, by impri- WRiraiit signed and sealed as aforesaid, bo imprisoneil in the "on""""*- common gaol for a period of not Ichh 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 boa bar to the Not to bar ac- recovory of damages by the injured party before any Court of *'on'of dama- compe tent jurisdiction. 18 V. c. 138, s. 8. '^*"'- 15. Every fine collected under this Act shall be paid to the Application of l^hamberlam or Treasurer of the Local Municipality or Place in i'«'"*lt'e«- which the offence was committed, and shall be applied to the general purposes thereof 18 V. c. 138, s. 9. 16. Any conviction under this Act may be appealed in the Appeal, manner provided m the Act respecting appeals in cases of summary comictions. 18 V. c. 138, s. 10. A.]Sr A.CT Respecting Line Fences and Water-courses. TTER MAJESTY, by and with the advice and consent of the -*-L Legislative Council and Assembly of Canada, enacts as follows : 1 Each of the parties occupying adjoining tracts of land Each party to shall make, keep up and repair a just proportion of the Division ™*^« ^^^ '^• or Line Fence on the line dividing such tracts, and equaUy on KrvSioS either side thereof. 8 V. c. 20, s. 2. ^ -> ^^^^^ ^ H. Any Fence coming vithin the meaning of a lawful fence what conBti- in any By-law of the Municipal Council in that behalf, is to be tutea a lawful 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 V. c. 20, s. 3. 3. The owner of the whole or part of a Division or Line Division fences * ence which forms part of the Fence inclosing the occupied or °°* *° ^ '«■ improved land of another person, shall not take do wn or remove Ttke'"'*^''"' any part of such Fence : 8 V. c. 20, s. 9. 1. Without giving at least twelve months previous notice of i2month8 pre- his vious. 222 LINE FENCES AND WATER-COUESES, his intention to the owner or occupier of such adjacent en- closure ; 8 V. c. 20, s. 9. SjoinSro?^ ^' ^°^ ^T^^^ss such last mentioned owner or occupier, after cupant refuses demand made upon him in writing by the owner of such Fence, to^pay there- refuses to pay therefor a sum to be determined, as provided in the next subsection ; 8 V. c. 20, p. 9. ^hluhTee"^^ ^- -T^^' ^^ ^^^^ owner or occupier will pay to the owner of fence-viewers such Fence, or of any part thereof, such sum as three Fence- award. ., ,. • Viewers, or a majority of them in writing, determine to be the reasonable value thereof 8. V. c. 20, ss. 8, 9. When vacant 4. When any land which has laid uninclosed or in common, the1)wife? t^^ ^^ afterwards inclosed or improved, the occupier shall pay to pay a share of the owner of the Division or Line Fence standing upon the £ion°S divisional line between such land and the enclosure of any ' other occupant or proprietor, a just proportion of the value thereof 8 V. c. 20, s. 8. 5. When a Water-Fence or a Fence running into the water pessary, the same is also to be madt the parties otherwise agree. 8 V, c. 20, s. 10. Water-fences equal^ropor'^ ^^ necessary, the same is also to be made in equal parts, unless tions. '^^" ^'" "^^ * " ''^ "" S?d?vided b ^ ,When lands belonging to or occupied by different persons, TriveVor ^ are divided from each other by any river, brook, pond or creek, creek. which of itself is not a sufficient barrier, and it is impracti- cable 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 the other, as may be iust. 8 V. c. 20, s. 11. When ditches 7. When it is the joint interest of parties resident, to open a couT^esmaybe ^^^^^ ^^ water-cours. for the purpose of letting off surplus opened. ' Water from swamps or low miry lands, in order to enable the owners or occupiers thereof to cultivate or improve the same, such several parties shall open a just and fair proportion of such ditch or water-course according to their several in- terests. 8. y. c. 20. s. 12.- See 22 V. c. 99, s. 271. Three fence- 8. Three Fence-Viewers of the Municipality, or a majority ddraUd^. 0^ *^^"^' ™^y decide all disputes between the owners or oc- putes. cupants of adjoining lands, or lands so divided or alleged to be divided as aforesaid, in regard to their respective rights and liabilities under this Act, and also all disputes respecting the opening, making or paying for ditches and water-cours^ under this Act. 8 Y. c. 20, ss. 2, 11. LINE FENCES AND WATER-COURSES. 223 Ijacent en- upier, after such Fence, )rovided in 8 owner of iree Fence- e to be the n common, lall pay to y upon the ire of any ■ the value ) the water irts, unless mt persons, id or creek, 3 impracti- i'ence shall r creek, or ly be just. b, to open a off surplus to enable aprove the proportion several in- a majority ers or oc- or alleged itive rights respectino- ter-courses 9. Every determination or award of Fence- Viewers shnll b^ a 4 . u m wr ting signed by such of them as concur thS and they ^^^'^^^^^^ ^77v. T^°?'^ ,? ^^"^e (or a certifiedcopy thereof) to the Clerk y^«l'^«^- of the Municipality, and shall also deliver a copy to every partv requiring the same, and such determination or award shall be binding on the parties thereto. 8 V. c. 20, s. 2. 10. When the dispute is as to the commeneement or extent what the of the part of the Fence to be made or repaired by either party wV^/we™ Z^ -i^ i'^T''^ °^ ^ ^^*'^' ^^ Water-Course, or as to the ^Tne° '^'*"- part, width, depth, or extent that any person should open or make, either party may by writing notify the Fence- Viewers ot the dispute, and name in the notice for the investigation thereof, the time and place of meeting, and shall also notify 2o:sf |T-it^^v^lV^' ""' '^"^ '''' '''''■ ' ^- ' nf +V; r "" receiving such notice, the Fence-Viewers shall attend The fence- at tlie time and place named, and after being satisfied that the ^^^^^^ "Pon other party has oeen also duly notified, they shall examine fbp ^^",?^^i°& , premises, and hear the parties and thei; witLsses if dernded att^i^e^^ti- ancl according to the subject matter of the reference shall &*t«a«di<"«d« decide the commencement or extent of the part of ?he tfn'e &c.^''^^""' which either party claims to have made or repaired, or refuses to make 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 m dispute. 8 V. c. 20, s. 2. T^^Ki ^""aa?^ reference regarding the opening or making of a Todeddewhat Ditch or Water-Course, the Fence-Viewers shall decide what inS of S length of time each of the parties shall have to open the share '^^^^^ '^'''^^ of the Ditch or Water-Course, which the Fence-vTewers decide dLtWc. each such party shall open, and if it appears to the Fence- Viewers that the owner or occupier of any tract of land is not sufiiciently interested in the opening of the Ditch or Water- Course 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 same to be done at the expense of such other party; and attei- such award, the last mentioned party may open the Ditch or Water-Course across the tract, at his own expense, without being a trespasser. 8 V. c. 20, ss. 12, 13. _ 13. When by reason of any material change of circumstances wheu an m respect to the improvement and occupation of adjacent lots awardof fence- or parcels of land, an award previously made under this Act blTey?ewJ ceases, m the opimon of either of the parties, to be equitable '"'^''"^^• between 224 LINE FENCES AND WATER-COURSES. If a party re- fuses to per- form his share of a ditch or water-course, the other party may do it for him, but at the expense of the person in de- fault. If a party does not perform his snare of the division fence, the other party may do it, but at the expense of the party in default. between them, such party may obtain another award of Fence- Viewers by a like mode of proceeding ; and if the Fence-View- ers called upon to make a subsequent award find no reason for making an alteration, the whole cost of the reference shall be borne by the party at whose instance it has been made. 8 V. c. 20, s. 12. 1 4. If any party neglects or refuses upon demand made in writing as aforesaid, to open or make and keep open, his share or proportion of the Ditch or Water-Course allotted or awarded to him by the Fence-Viewers within the ^.T-^e allowed by them, any of the other parties may, after first completing his own share or proportion, open the share or proportion allotted to the party in default, and shall be entitled to recover not exceeding forty cents per rod for the same from the party so in default. 8 V. c. 20, s. 14. 1 5. If after an award of Fence- Viewers, or after being re- quired by a demand in Avriting by the party occupying the adjoining tract, or a traet separated therefrom by a River, Pond or Creek, a party in the occupation of any tract of lanu neglects or refuses for a period of thirty days, to make or repair (as the case may be) his proportion of the Division or Line Fence between his tract and such adjoining or separated tract, or if the party making the demand neglects or refuses for the like pericnl to make or repair his own proportion of the Fence, either party, after first completing his own proportion, may make 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 recover from him the value thereof 8 V. c. 20, s. 3. How the IC To ascertain the amount payable by any person who, beascertained. under the authority of this Act, makes or repairs a Fence, or makes, opens, or keeps open any ditch or water-course which another person should have done, and to enforce the payment of such amount, the following proceedings shall be taken : 8 V. c. 20, s. 4. A Justice of I ^uy of the persons interested may apply to a Justice of summon three the Peace residing within the Municipality or Township in fence- viewers, which any sucli Fence is situated, and if there be no such Jus- tice residing therein, then to any Justice of the Peace residing in any adjacent Municipality or Township, and thereupon such justice shall issue a summons under his hand and seal, directed, by name, to three Fence-Viewers of the Municipality in which the Fence is situated > requirinor them, to attend at the place and on the day and hour therein mentioned, to view such Fence and to appraise the same ; 8 V. c. 20, s. 4. 2. LINE FENCES AND WATER JOURSES. 225 2. The Justice shall at the same time issue a summons to And the party the party so having neglected or refused to make or repair his alleged to be proportion thereof (who shall thenceforth be considerered the ^" * *" " Defendant in the case), requiring him to appear at the same time and place, to shew cause why the party claiming payment (who shall thenceforth be considered the plaintiff in the case) should not recover the same ; 8 V. c. 20, s. 4. 3. The Fence-Viewers shall be personally served with the Fence-viewers summons at least four days before the day named for their ^^^^f^^^^/^""" attendance ; 8 V. c. 20, s. 5. days' notice. 4. If either party desires to procure the attendance of any Witnesses may person to give evidence before the Fence-Viewers, the Justice ^^ summoned, shall, upon the application of such party, issue a summons to such witness or witnesses to attend before the Fence- Viewers at the time and place mentioned in the summons to the Fence- Viewers ; 8 V. c. 20, s. C. 5. The Fence-Viewers when met at the time and place The fence- appointed shall, whenever desired b}^ either party, or when- viewers may ever they themselves think it proper, may administer an oath ^^^*^ ^ " to any witness, which oath is to be in the following form c. 20, s. G. nesses. 8 V. " You do solemnly swear that you will true answer make to Oath. " such questions as may 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." G. The Fence-Viewers, or any two of them being present, shall A majority of after having duly examined the Fence and received evidence, *^® ^^^°^' determine whether the Plaintiff is entitled to recover any dtcid^e. and what sum from the Defendant ; 8 V. c. 20, s. 5. 7. In case the commencement or extent of the part of the What to be Division or Line Fence which each should make or repair ^^"^^<^i^*^^'« had not been previously determined by the award of Fence- previous ^'^ Viewers, the Fence- Viewers named in the summons, or any award. 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 distance of Fence the Defendant should have made or repaired ; 8 V. c. 20, s. 5. 8. The Fence- Viewers, if requii I by either party, before Fence-viewers they report, shall give to such party a copy of their determina- to • • ) Sjdiysmay . j^' ^^f! ^^^ expiration of forty days, from the time of the issue execution determination, the Clerk of the Division Court shall issue an thewon. execution against the goods and chattels of the Defendant in the same manner as if the party in whose favour 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 V. c. 20, s. 7. Fees. Disbune- ments. 4.1.^'^ a "^^^ following fees, and no more, may be received under this Act, by the persons mentior ed, 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 Con'^tahle employed : For serving Summons or Subpoena, twenty cents. Mileage— per mile six and two-thirds cents. To Witness— ^Qx day, each, fifty cents.— 8 V. c. 20, s. 16. 1 8- ^^P^ *l^e P^^*y in whose favour 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 rmination in ed the Sum- c. 20, s. 5. 3f the Fence- the Ci«rk of b part of the )} thereof to n the book ; 8 V. c. 20, time of the lall issue an )efendant in e determina- :he Division J determined 0, s. 7. ;eived under ts; twenty-five mination to twenty-five employed, 10, s. 16. ation of the which the ,t such fees have LINE FENCES AND WATER-COURSES. have been duly paid and disbursed to the persons entitled there- to, the Clerk shall include the amount thereof in the execution, and when collected shall pay over the same to the said partv! 8 V. c. 20, s. 17. ^ 22'r A.]Sr A.CT To Amend Chapter Fifty-seven of the Consolidated Statutes of Upper Canada, entitled " An Act specting Line Fences and Water-courses." re- un- [Assented to 23rd Januai-y, 1869.] WHEREAS it is expedient to amend the Act chaptered fifty- Preamble ' » seven of the Consolidated Statutes of Upper Canada, by making the provisions thereof applicable to unoccupied or non-resident lands, and the owners thereof: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :— 1. The provisions of the said Act, so far as the same relate to Provisions of water-courses, shall be construed to apply to unoccupied and '^'^^p- ^^ Con. non-resident lands, and to the owners thereof, to the same extent SappYy t?' as to occupied lands and the occupants thereof; and the fence- occupied viewers shall, in like manner as in other cases, determine the ^^^'' ^*°" share of the expense of any water-course made under the S{.id Act as hereby amended, (which expense is to be borne by the owner of such unoccupied or non-resident lands,) and report the same to the Justice in the said Act mentioned, who shall transmit such report to the Cierk ot the municipality; Pro- Provigo. vided always, that the share of the expense of any such water- course chargeable against such unoccupied and non-resident lands, shall not exceed the sum of twenty-five cents ner rod. % The pierk shall bring such report before the council of Fence-view- the municipality at its first meeting after the receipt thereof era' report to and the council shall cause the amount so reported to be paid fore icii!^ to the party entitled thereto, together with a proportionate share of the costs attending the investigation and report. 3. Forthwith after such payment, the Clerk shall transmit to Amount to be the county Treasurer an account of the amount and date of ^^^^^'ged on ---_„ ^„^ ,„ie x,5jia -igciiuou iTniuu Luu same is cnarge- able ; and the county Treasurer shall, upon receipt thereof, charge the same against such land in the same manner as the wild lands, etc. 228 LINE FENCES AND WATER-COURSES. wild land tax ; and the same shall thereupon become, to all intents and purposes, a charge upon the said land, and shall be subject to the provisions of the statutes respecting such tax, and shall bo collected by distress, or by the sale of such land' in the same manner as such tax is now or may hereafter be directed to be collected. &e/to'be"^d '*• ^^ collecting the amount of such charge there shall be ded. added to the same eight per centum thereof, and all fees and incidental expenses in the same way and to the same amount, as in the case of such tax. When the owner of such unoccupied • ..on-resid'^nt lands Owner when g^ be notified by cannot be found after reasonable diligence, or is absent from letter. the Province, it shall be in the power of the Justice refeiTed to in the said Act, to cause such owner to be notified by letter, mailed to his last known place of residence, and to proceed and to cause all subsequent proceedings to be taken in his absence ; and all such proceedings shall be as valid as if the notification required by the said Act to be given to an occu- pant had been giver, to such owner. Extension of ditch or water- coune. 6. When any ditch or water-course is extended to the limit or boundary of a tow^nship, and, in order to be effective, should be continued into or through another or adjoining municipality, it shall be the duty of such municipality to extend and continue such ditch or water-course through the whole of such part of its territorial limits as may be necessary for making such ditch or water^course efiective. JMcI'ifwhi^h ^' ^^ ^^^ lands in both municipalities are benefited in an b^h mu^ci-'^ 6q^^l degree in proportion to the extent of -vich work in each, parties mutu- then the duty of deciding in what proportion the expense shall rtZ ^^^ ^® borne by and amongst the owners of occupied and unoccupied lands in each municipality, shall devolve upon and appertain to the fence- viewers in each such municipality; and the proceed- ings provided by the said Act, as amended by this Act, shall be taken and apply ; but if such ditch or water-course does not benefit the lands in both municipalities in an equal decree in proportion to the expense of the work in each, then the duty of deciding in what proportion the expense shall be borne by and amongst the owners of occupied and unoccupied lands in both the municipalities, shall devolve upon and appertain to six fence-viewers (three from each of such municipaUties,) to be nominated and notified of such nomination by some Justice of Peace having jurisdiction in such municipalities or one of them; and the decision of such fence-viewers, or a majority of them, shall be binding, and shall be in duplicate; and one of such duplicates WEIGHTS AND MEASURES. 229 duplicates shall be transmitted by such Justice to the Clerk of each such municipalities ; and, in such case, the subsequent proceedmgs provided by the said Act, as amended by this Act. shall be taken and apply. 7. It shall be competent for any party affected by any decis- when appeal ion ot such fence-viewers to appeal to the Judge of the County allowed. Court, within which the said land is situate, against such decis- ion within thirty days after the same shall be filed with the Uerk,ot the municipality in tliis Act mentioned. 8. This Act shall hereby amended. be read as if it were a part of the Act Act to be part id of amendec Act. A^lSr A.OT Respecting Weights and Measures. TTER MAJESTY, by and with the advice and consent of -LA the Legislative Council and Assembly of Canada, enacts as follows : A \ VS ^t "^^ 7?'i^^\ ^""^ Measures according to the Stan- The standard aard ot Mer Majesty s Exchequer m England, heretofore procured weights and for Upper Canada, shall at all times be and remain in the ™hiTn The charge and custody of the Provincial Secretary. 4 G. 4 c 16 custody of S. 2. > ' > Provincial Secretary. 2. Whenever any Municipal Council, authorized to appoint Provincial an inspector ot W eights and Measures, addresses the Governor Secretary to requesting that the MumcipaUty may be furnished with a true E&^ty copy or set ot such Weights and Measures, the Governor may with standard direct the Provincial Secretary forthwith, at the cost 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 G. 4, c. 16, s. 3,-12 V. c. 85, s. 12,— See 22 V. c. 99, ss. 273, 274. (Sections 3, 4 and 5 superseded hy 29 and 30 Vic, cap 51 see. 283. See p. 84.^ 6 When there are two or more Inspectors in the Munici- When more paiity, the Council thereof shall, by Bv-law, appoint one of ^^^^ °^^-- ^^^ them to be the Sp.ninr Tnano/>fr«. ' ta \r "^ lox _ i ci-,^^i- Council to ip- them to be the Senior Inspector. 18 V. c. 135, s? l—See 12 V. point who to be the Senior. 7. c. 85, s 9. 230 WEIGHTS AND MEASURES. To continue in T. Every Inspector now or hereafter appointed shall continue Sved '"" ^ office until removed by the Municipal Council. 18 V. c 135, s. 1. Standard to bo 8. The Inspector, or where there is more than one, the Senior Injector or*^ Inspector shall have charge of the Standard Weights and Senior Inspec- Measures of the Municipality, and of the Mark, Stamp or tor^a^thocase Brand marked with the Royal initials V. R., for the purpose 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 Inspectors. 12 V. c. 85, ss. 2, 9. Inspectors to take an oath of office. The oath. 9. Every Inspector shall, before entering on the duties of his office, take and subscribe the following oath : " 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 be,) of , and that I will dehver them over to my successor in office, duly appointed for that purpose, when required so to do, and that I will honestly and faithfuDy 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 according to the best of my abilities and knowledge So help me God." 12 V. c. 85, s. 2. £pec?and° }^ Every Inspector shall carefully examine and compare, mark if correct with the Standard so furnished as aforesaid, any Weights and meMuSsub^ Measures presented to him for that purpose within his Munici- mitted to him. pality or Division, and when the same are found of the true weight or measure, he shall mark, stamp or brand the same, (if a measure, as near the two ends, top and bottom, as may be,) with a stamp or brand furnished for the purpose. 12 V c. 85, s. 3. Inspector to •ttend for that purpose at ■uch times and a •laces as the *funici] Council ap- points. unicipai 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 cus- tody to examine and compare, and if found correct to stamp all Weights and Measures brought to him for that purpose. To give notice. j^ jjg gj^j^^ gj^^g ^^^^ month's notice of the time and place so appointed, by publishing the same in one or mors news- papers, or by posting up copies thereof in four of the most public places in his Municipality or Division. 12 V. c. 85, ss. 4,^10. 13. hall continue cil. 18 V. c. ae, the Senior iiVeights and k, Stamp, or [• the purpose equired to be or shall keep jr Inspectors. ihe duties of I will care- ae in charge, Municipality that I will J appointed that I will Inspector of )r Division), law in that I knowledge. nd compare, Veights and his Munici- of the true d the same, om, as may Dose. 12 V. md place in Council may lar, with the 3 in his cus- to stamp all pose. e and place mors news- most public !, ss, 4, 10. 13. WEIGHTS AND MEASURES. 231 13. Every Inspector may demand and receive ten cents, Feesofriupeoi and no more, for evt y Weight or Measure he marks or stamps. *»^«- 12 V. c. 8o, s. 8. '■ V \f'- T^^/ol^o^i°g rates shall be the Standard Weight, and standard BhaJl in all cases be aUowed to be equal to the Winchester weight« of dif- Bushel, namely : ferent kinds o£ •^ grain, &c., es- tablished for Wheat. Sixty pounds, ^' ^' Indian Corn Fifty-six pounds, ^y® Fifty-six pounds, ^^^^ Sixty pounds, f^f^y Forty-eight pounds, ^^^^ Thirty-four pounds, ^f^^ Sixty pounds. Clover Seed Sixty pounds, Timothy Seed Forty-eight pounds, Buck-Wheat Forty-eight pounds. But the effect of any contract made before this Act, shall not Certain con- be varied by anything herein contained. 16 V. c. 193 s. 2 tracts not af- ' ■ ■ fected. 15. Upon every sale and delivery, and in every contract for The bushel to the sale or delivery of any Grain, Pulse or Seeds, the Bushel beregulatedby shall, unless otherwise agreed upon by the parties, be taken toS"**^ 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 V. c. 193, s. 3. 16. Every Storekeeper, Shopkeeper, Miller, Distiller, But- Penalty if cher. Baker, Huckster, or other trading person, and everv '*^®'^^*^ ^^ °°* Wharfinger or Forwarder in any County or place in Upper ^aTertJ^*''" Canada, who, two months after the appointment of an Inspec- t>«i8- tor therefor, uses any Weight or Measure, which has not been duly stamped according to Law, or which may be found lio-ht 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 dis- covered by any Inspector, be seized, and on conviction of the person using the same, shall be forfeited, and broken up by the Inspector. 12 V. c. 85, s, 4,-4 G. 4, c. 16, s. 6,-3 V. c. 17 s. 3. ' 17. Every Inspector may, at all reasonable times, enter any inspector may shop, store, warehouse, stall, yard, or place whatsoever within enter shops, his County or Division, where any commodity is bought, sold m°ne we^iSts or exchanged, weighed, exposed or kept for sale, or weighed ^^^ measures, for conveyance or carriage, and there examine all Weights, (Measures, 232 WEIGHTS AND MEASURES. m Forfeiture of false or un- Htamped weigfits and measures. Penalty for having false steel-yards. Measures, Steel-yards or other Weighing Machines, and com- pare and try the same with the copies of the Standard Weights and Measures provided by Law. 12 V. c. 85, s. 6. 18. If upon sucli examination it appears that the said Weights or Measures, or any or either of them, have not been stamped, or arc light or otherwise unjust, the same shall be liable to be seized and forfeited, and the person or persons in whose possession the same are found, shall, on conviction, for- feit a sum not exceeding eight dollars for the first, and twenty dollars for every subsequent offence. 19. Any person who has in his possession a Steel -yard or other Weighing Machine, which on such examination is found incorrect or otherwise unjust, or who, when thereto required, neglects or refuses to produce for such examination, all Weights, Measures, Steel-yards or other Weighing Machines in his pos- session, or who otherwise obstructs or hinders such examina- tion, shall be liable to a like penalty. 12 V. c. 85, s. 5. Penalty not to /iO. No penalty as aforesaid shall be incurred in any County twoTonths*''^ Division or Locality, until two months at least after a Standard after receipt of Weights and Measures have been received by the Inspector weightBt&c. ^^^'''"y appointed therefor. How penalties 21. All penalties under this Act, together with all reasonable recoverable, ^osts, 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 exceed- Showlo^bf" ^"^ °^® month ; and all such penalties, when recovered, shall appiFe^. " ^ belong to the Crown for the Public uses of the Province, and shaU be paid over to the Inspector, and shall by him be ac- counted for in the same manner as other public moneys coming into his hands by virtue of his office. 12 V. c. 85, s. 5, Punishment of persons forg- ing stamps, &c. 23. 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 Gaol of the County where the conviction takes place ; but such fine shall not exceed eighty dollars, and such imprisonmont shall not exceed three months, »3. WEIQHTS AND MEASURES. •233 83. If any person knowingly sells, alters, disposes of or ex- Penalty for poses to sale any Weight or Measure, with such forged or JjjfiJJ^^"^^ ^ counterfeit stamp or mark thereon, he shall, for every such any wdght'or offence, forfeit, on conviction, a sum not exceedintr forty dollars nieasiire with 1 J.1 ■ 1 1 1 11 ,1 , '^i "^1 counterfeit nor less tlian eight dollars, to be recovered under the ])ro- stamp, visions of the twenty-first section of this Act ; nnd all Weights and Mea-ures with such forged or counterfeited stamps or marks shall be forfeited, and broken up by the Inspector. 12 V. c. 85, H. G. */84. If any Inspector stamps, brands or marks any Weight Penalty if In- or Measure without having first duly compared and verified ^P'!*;',""*^™^" the same with and by the Standard Weights and Measures meaHurlswith- provided by law for that purpose, or is guilty of a breach of any out due exami- nation. duty imposed upon him by this Act, he shall, on conviction, forfeit a sum not exceeding twenty dollars to be recovered and applied as aforesaid. 12 V. c. 85, s. 7. 25. When any Inspector of Weights and Measures is Standards to removed from ofKce, or resigns, or removes from the place for ^'^ delivered which he has been appointed, ho shall deliver to his successor sorTin officT, " in office, or to such other person as the Council of the Munici- pality may for that purpose by By-law appoint, all the Beams, Stamps and Standard Weights and Measures in his possession a^ 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. ?J0. In case of refusal or neglect to deliver such Beams, Remedy by Stamps and Standard Weights and Measures entire and f^om- gt^amlarda not plete, the successor in office may maintain an action oi the so delivered. case against the person or persons so refusing or neg^ acting, 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 V. c. 85, s. 13. ?JT. Any conviction under this Act may be appealed in the Appeals, manner provided in the Act respecting Appeals in eases of summary convictions. 12 V. c. 85, s. 14. /J8. This Act is to be subject to and controlled by and to be TLia Act gov- construed with the Consolidated Statute of Canada respect VVeights and Measures. 22 V. c. 21 (1859). Act chap. 53. AN 234 WftlGHTH AND MEASURES. AN ACT RKSrECTINO CERTAIN WEIGHTS AND MEASTJEES. Hundred- weight to be lOU lbs, avoir- dupois. Ton wei be 2,000 TTER Majosty. hy and with the advice and consent of the fbilmvs .^'^''^''^'''" ^'^^'^^^^ ^"^1 Assembly of Canada, enacts as I. The hundrod-weinrht for woirrhing all goods, wares and other commodiies whatsoever, sold by the hundred weight or ton weight in this Province, shaU consist of one hundred pounds avoirdupois and not of one hundred and twelve pounds as before i^ht to the fourth day of May, 18o<), and the ton wei|ht u ed for the lbs. said purposes shall consist of twenty hundred-weights, as he^e! inabove established, or of two thousand pounds^voirdupoTs and not of two thmmnd two hundred and foVty pounds as before the said day ; and the said huiidrod-woight and ton wei-ht as hereinabove established, with their parts;niultiples Lr^ropor- tions shall be the standard weights in this Province for the weighjng o all such goods wares Vl cornmoditir^raforesaid! Acttoappyto — An.l 111 nil ciisos m whicli a duty or toll is imnoaed hv 1, J d«,e., .„u., by the hundred-height or^ho tou. suclT'Zty o? td' asTweightT ^ ^- ,^ll and every the laws in force in Upper and Lower toapXT" ^5f^^Y;«Pefvely, relating to the inspection and adjustment those hereby ^* ^v eights and measures in the said sections of the Province established, respectively shall extend and apply to the standards of the ton weight and hundred-weight hereinabove established, and to the several pf.rts and proportions thereof; the said standard weights hereinabove established being, as regards such inspection and adjustment, and the duties of the Inspectors of weicrhts and measures and others under the said Acts, and the penalties to be incurred for infraction thereof, in all respects substituted for the standard hundred-weight and ton in use before the fourth day of May, one thousand eight bundled and fifty-nine; and no other standard of the hundred-weight or ton than that here- o^T'^^.^'-m^ ''5?^' '^^'^ ^' ^'^^ ^^ ^^y ^^^ «f this Province. ^- V . [1qo9) c. 21, ss. '6, 5. SUEES. isent of the la, enacts as wares and 1 weight or Ircd pounds ids as before ised for the its, as here- Lvoirdupois, ds as before 1 weight as ind propor- ice, for the i aforesaid ; ised by law Lity_ or toll ereinabove md Lower idjustment Province, of the ton and to the rd weights ection and eights and enaltios to bituted for the fourth nine ; and that here- Province. 3. WEiaUTS AND MEASURES. 236 3. The following shall bo the standard weights which, in aun.iani all ca.seH, sliali be held to be equal to the Winohoster Bushel of ^"'k''^'"'' •!»'• the grain, pulse or seeds opposite to which they are set : l^S, Ac.'^*'' J^^eat Sixty pounds, Indian corn Fifty-six pounds. ^y® Fifty-six pounds, iy^f Sixty pounds, ^^J^^y Forty-eight pounds, ^^^^ Thirty-four pounds, ^f'^n^ ; Sixty pounds, Clover seed Sixty pounds. limothy seed Forty-eight pounds. Buckwheat Forty-eight pounds. 16 v.. c. 193. s 2, and i8 V., c. 15. 4, The following shall be the standard weights, which in all standard cases sl)all be held to be equal to the Winchester Bushel of the yv'tfl'tf."/ c«r- articles opposite to which they are respectively set, namely : ''• Potatoes, turnips, carrots, pars- nips, beets and onions Sixty pounds, ^iaxseed Fifty pounds,' Hemp seed Forty-four pounds. Blue grass seed Fourteen pounds. Castor beans Foity pounds, IfJ^l*- Fifty-six pounds, JJried apples Twenty-two pounds, Dried peaches Thirty-three pounds, ^^^*' Thirty-six pounds. 22 V. (185.9) c. 21, s. 1. 5. Upon any sale and delivery of any description of grain, Effect of this pulse or seeds, or otlier articles mentioned in this Act and in ^"^^ ^P'^^ co^- every contract for the sale or delivery of any such grain pulse *"'*''*■ seeds or other articles, the bushel shaU be taken and intended to mean the weight of a bushel as regulated by this Act, and not a bushel in measure, or according to any or greater or less weight, unless the contrary appears to have been agreed upon by the parties. IG V., c. 193, s. 3, and 22 V. (1859) c. 21, s. 2. 6. Upon any sale and delivery of any description of grain, What shall be pulse or seeds or other articles mentioned in this Act and in understood by every contract for the sale or delivery of any such grain, pulse «< mS- seeds or other artacles, the mi^.oi shall be taken and tufcended to mean the weight of a bushel as regulated by this Act, and not a minot 236 CANADA THISTLES. 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 V., c. 15, s. 2, and 22 V. (1859) c. 21, s. 2. t?lfifcf con- TT '^- ^^ P^""? °/ *.^^^ ^""^ '^^^1 ^PPly *o any contract made in tractR before Upper Canada before the fifteenth day of June, one thousand certain dates, eight hundred and fifty-three, or in Lower Canada before the first day of May, one thousand eight hundred and fifty-five, nor shall any thing in the first, second and fourth sections of this Act, or m any other part thereof as referring to the said sections, apply to or affect any contract made before the fourth day of May, one thousand eight hundred and fifty-nine. 16 V c 193 —18 v., c. 15, and 22 V. (1859) c. 21, s. 6. cap.T6,Ton. _ ^- ^hc provisions of chapter fifty-six of the Consolidated S*n*;r.V-„^-i"* ^^^^^^^^ for Upper Canada (respecting Weights and Measures), by t2 Act ^^^^^ ^^ '"^J®^<^ to and controlled by those of this Act, as if they were mcorporated in the said Act. j Preamble. j Ownersof land 1 to cut down thistles grow- ing on their lands. Penalty. Duty of Over- seers of High- ways under this Act. -^ISr A.CT To prevent the spreading of Canada Thistles in Upper Canada. [Assented to 18th September, 1865.] TIER Majesty, by and with the advice and consent of the JJ- Legislative Council and Assembly of Canada, enacts as follows : I. It shall be the duty of every occupant of land in Upper Canada, to cut, or to cause to be cue down all the Canada thistles growing thereon, so often in each and every year as shall be sufficient to prevent them going to seed ; and if any 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 conviction, be hable to a fine of not less than two nor more than ten dol- lars for every such offence. 8. It shall be the duty of the Overseers of Highways in any Municipality to see that the provisions of this Act are carried out within their respective highway diviaions b" cuttin"" or causing to be cut all the Canada thistles growing on the high- ways or road allowances within their respective divisions, and every CANADA THISTLES. 237 eater or less igreed upon ;. 21, s. 2. act made in le thousand I before the fty-five, nor ions of this aid sections, arth day of L6V.,c. 193, Consolidated Measures), it, as if they in Upper ir, 1865.] ent of the I, enacts as 1 in Upper he Canada ry year as and if any suffer any en so as to conviction, m ten dol- ays m any are carried cutting or the high- isions, and every 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 live days from the service of such notice ; And in case such owner, possessor or occupier, shall refuse or neglect to cut down the said Canada thistles, within the period aforesaid, the said Overseers of Highway shaU enter upon the land and cause such Canada thistles to be cut down with as little damage to grow- ing crops as may be, and he shaU not be liable to be sued in action of trespass therefor; Provided that no such Overseer of Proviso: aato Mignways shall have power to enter upon or cut thistles on any la^ds sown land sown with grain; provided also, that where such Canada ;^*^^*"^• thistles are growing upon non-resident lands, it shall not be no™ident*^ necessary to give any notice before proceeding to cut down the i^^ds. same. ,?• J* «^fl^ be the duty of the Clerk of any Municipality in Clerks of whicfi Kailway property is situated, to give notice in writing MunicipaUties to the Station Master of said Railway resident in or nearest to the tionuJ^' said Municipahty, requiring him to cause all the Canada thistles *» «"* down growing upon the property of the said Railway Company glSyT within the limits of the said Municipality to be cut down as provided for in tiie first section of this Act, and in case such station Master shall refuse or neglect to have the said Canada Penalty thistles cut down within ten days from the time of service of the said notice, then the Overseers of Highways of the said Municipality 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 sec- tion sliall 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 account Account of of the expense incurred by him in carrying out the provisions l""^"^^^^ *» be of the preceding sections of this Act, with respect to each parcel seTr ^ "''"" of land entered upon therefor, and shall deliver a statement of such expenses, describing by its legal description the land enterod 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 occupier of such resident lands if the owners sliall refuse or neglect to pay the same within thirty days after refuse to pay. such application, the said claim shall be presented to the Muni- cipal Council of the Corporation in which such expense was incurred, and the said Council is hereby authorized and required to credit and allow sueii claim, and order the same to be paid from the funds for general purposes of the said Municipality • the said Overseer of Highways shall also present to the said Council 238 CANADA THISTLES. ,1 Council a similar statement of the expenses incurred by him in carrying out the provisions of the said section upon any non- , resident lands ; and the said Council is hereby authorized and peal'XweT empowered to audit and allow the same in like manner; Pro- vided always that if any owner, occupant, or possessor, amenable under the provisions of this Act, shall deem such expense ex- cessive, an appeal may be had to the said Council (if made ^. j^!? *^^^y ^^^^ ^^^^ delivery of such statement) and the said Council shall determine the matter in dispute. SaU b?cor" ^ '^^^ Municipal Council of the Corporation shall cause all lected. such sums as have been so paid under the provisions of this Act, to be severally levied on the lands described in the statement 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. S'any^eeT^'' ^- ^^^ P^^^o^ ^^^ ^hall knowingly vend anv grass or other mixed with seed among which there is any seed of the Canada thistle, shall thistle seed, for every such offence, upon conviction, be liable to a fine of not less than two nor more than ten dollars. over's "'' /• ^^^""y Overseer of Highways or other officer who shaU neglecting his refuse or neglect to discharge the duties imposed on him by this duty. Act, shall be liable to a fine of not less than ten nor more than twenty dollars. Recovery of penalties. 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. AN sd by him in on any non- thorized and anner; Pro- or, amenable expense ex- cil (if made mt) and the Lall cause all 3 of this Act, le statement in the same ted, shall be simburse the •ass or other thistle, shall to a fine of r who shall him by this r more than CANADA THISTLE.--TAX ON DOGS. ooA To Amend the Act chapter forty, Twenty-nine Vic [Assented to 23rd January, 1869.] WHEREAS it is desirable to amend the Act rekfino- +n +T,. ., J'' spread of Canada thistles in Upper CaLdaTt- ProvinLtf1)^Jrto\S:Lole"tht'P''' corporation, ia the M....p.lc„. visions of the saW lot ° "' '^^ """^"^ out of the pro- r^i-J^ Let shall be )ffence shall istice of the Treasury of ice. AN ^N" A.CT To amend the Act imposing a Tax on Dogs and for the Protection of Sheep. *= [Assented to 2Srd January, 1869.] WHEREAS it is expedient to amend the Anf +wnr,+ i. The Act passed in the twentv-ninth nnri fl,,,^,-^*!, of Her Majesty's reiffn chanter fiffv fit! and thirtieth years 29 and 30 Vic. to 240 TAX ON DOGS, Annual tax on dogs. ProTiso. to provide for the better protection of Sheep in Upper Canada, is hereby repealed. ^. There shall be levied annually in every municipality in Ontario, upon the owner of each dog therein, an annual tax of one dollar for each dog, and two dollai. for each bitch : Pro- vided, however, that in case the council of any county or union of counties, may deem it advisable to dispense with the levy of the said tax, it may be lawful for such council to declare by by-law that the said tax shall not be levied in any of the municipalities within its jurisdiction ; and, immediately upon the said by-law having been passed, shall cause its Clerk to transmit a copy of the same to the assessor or assessors of every municipality so within its jurisdiction. Duty of as- 3. The assessor or assessors of every municipality within sessors herein, -which this Act shall not have been dispensed with, as pro- vided in the foregoing section, shall, at the time of making their annual assessment, enter on their roll opposite the name of every person assessed, and also opposite the name of every resident inhabitant not otherwise assessed, being the owner or keeper of any dog or dogs, the number by him or her owned or kept, in a column prepared for the purpose. Duty of 4. The owner or keeper of any dog shall, when required by owneraof dogs. ^-^^ assessor or assessors, deliver to him or them in writing, the number of dogs owned or kept, whether one or more ; and for every neglect or refusal to do so, and for every false state- ment made in respect thereof, shall incur a penalty of five dollars, to be recovered before any justice of the Peace for the municipality, with costs. Tax entered on 5_ The collector's roU shall contain the name of every per- ■ son 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. Penalty. Tax to form fund for dam- ages, etc. 6. The money so collected and paid to the Clerk or Treasu- rer 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 TAX ON DOGS. per Canada, nicipality in mnual tax of I bitch : Pro- y county or 186 with the jh council to evied in any immediately Lse its Clerk • assessors of ality within v^ith, as pro- making their e the name ;he name of d, being the ty him or her ose. required by L in writing, r more ; and 7 false state- lalty of five tie Peace for f every per- or keeper of n a separate he same, and , and make in the same ing over the iase of other k or Treasu- or satisfying ^s killing or I the residue, Jaiity for the iipplemented, when 241 when necessary, in any year to pay charges on th(5 same, to the extent of the amount which may have been applied to the general purposes of the municipality. 1 The ownerof any sheep or lamb killed or injured by any dog. Extent of lia- shall be entitled to recover the damage occasioned thereby from Wlity of owner the owner or keeper of such dog, by summary proceedings C'''' °* before a Justice of the Peace, on information or complaint before such Justice, who is hereby authorized to hear and determine such complaint, and proceed thereon in the manner provided bv chapter one hundred and three of the Consolidated Statutes of Canada, m respect to proceedings therein mentioned : and such aggrieved party shall be entitled so to recover, whether the owner or keener of snoh rlnor tnoTir /-.r. AiA ^^.i. i j.i-_i -i keeper of such dog knew or did not know that it was VICIOUS or accustomed to worry sheep 8. The owner of any sheep or lamb, killed or injured by Provision for any dog the owner or keeper of which is not known may casein wEh withm three months, apply to the council of the municipality nTk^olf'^ m which such sheep or lamb was so killed or injured, for com- "°*^°'^- pensation for the injury ; and if such council (any member of which shall be competent to administer an oath or oaths in examining parties in the premises,) shaU be satisfied that the aggrieved party has made diligent search and enquiry to ascertain the owner or keeper of such dog, and that such owner or keeper cannot be found, they shall award to the aggrieved party for compensation a sum not exceeding two- thirds of the amount of the damage sustained by him ; and the Ireasurer of such municipality shall pay over to him the amount so awarded. ■ ^ ? f 'ii *^'^ ''T^'' P^ ^""y ^^^^P °^ 1*^°^^ «0 killed or Provision for injured, shall proceed against the owner or keeper of the do<. caserwhere that committed the injury, before a Justice of the Peace as * • T-^ ^' t ''f "' provided by this Act, and shall be unable, on the convictTon of S^s i'::^^uf- the ottender, to levy the amount ordered to be paid, for want of ^•"'''*- suflicient distress to levy the same, then the council of the municipality in which the offender resided at the time of the injury shall ord.^r their Treasurer to pay to the aggrieved party the amount ordered to be paid by the Justice und2r such conviction saving and excepting the costs of the proceedings before such Justice and before the council. 1(K After the owner of such sheep or lamb shall have re- After compen ceived from the mumcipahty any money under either of the saS^t^ preceding sections, his claim shall fh^nfofoHh ^"i-- — ^- ~u-y "'"'^Jcipalitv. municipality; and they may enforce the same 'agaiSt the of- fcoThe^, fending party for their own benefit, by any means or form of proceeding 242 TAX ON DOGS. Proviso. Dogs seenl worrying. proceeding that the aggrieved party was entitled to take for that purpose : Provided always, that in case such municipality shall recover from the offender more than they had paid to the aggrieved party, besides their costs, they shall pay over the excess to such aggrieved party for his own use. 1 1. Any person may kill any dog which he may see worry- ing or wounding any sheep or lamb. owner. Penalty. Proviso. Proviso. Dogs known to 12. The owner or keeper of any dog, to whom notice shall be^lSled^b? *° ^e given of any injury done by his dog or dogs to any sheep or lamb, or of his dog or dogs having chased or worried any sheep or lamb, shall, within forty-eight hours after such notice, cause such dog or dogs to be killed ; and for every neglect so to do, he shall forfeit a sum of two dollars and fifty cents for every such dog, and a further sum of one dollar and twenty-five cents for each such dog for every forty-eight hours thereafter, until the same be killed : Provided that it shall be proved to the satisfaction of the Justice of the Peace before whom such suit shall be brought for the recovery of such penalties, that such dog or dogs has or have worried or otherwise injured such sheep or lamb : Provided also, that no such penalties shall be enforced in case it shall appear to the satisfaction of such Justice of the Peace that it was not in the power of such owner or keeper to kill such dog or dogs. Proceedings 1 3. In cases where parties have been assessed for dogs, and tS hL^fliled the Township collector has failed to collect the taxes author- to coUect taxes ized by this Act, he shall report the same under oath to any SsSsed'fOT Justice of the Peace, and such Justice shall, by an order under his hand and seal, to be served by any duly qualified constable, require such dogs to be destroyed by the owner or owners thereof ; and if such owner or owners neglect or refuse to obey the said order he or they shall be liable to the penalty, to be recovered in the same way and manner as already provided in section number seven of this Act ; and in case any collector neglects to make the aforesaid report within the time required for paying over the taxes levied in the municipality, he shall be liable to a penalty of ten dollars and costs, to be recovered in the same way and manner as already provided in sectior number seven of this Act. dogs. Penalty. Penalty. Liability of f 4 jf ^-^q council of any county or union of counties, should, Bhfep^w^er as already provided by by-law, decide to disp'^nse with the where tax not levy of the aforesaid tax in the municipality witnin its juris- imposed. (jjction, the owner of any sheep or lamb to the contrary may, notwithstanding, i3ue the owner or keeper of any dog or dogs lOr the damage or injury done by the said dog or dogs to the said sheep to take for municipality d paid to the pay over the y see worry - notice shall o any sheep worried any ' such notice, neglect so to ats for every ity-five cents reafter, until oved to the >m such suit s, that such njured such aalties shall tion of such wer of such r dogs, and ,xes author- lath to any order under id constable, r or owners fuse to obey Qalty, to be provided in Dy collector me required ity, he shall )e recovered I in sectior TAX ON DOGS. 243 sheep or lamb ; and the same shall be recovered in the way and manner provided by section seven of this Act. 1 5. The owner of any sheep or lamb, killed or injured while Ca^es where runnmg at large upon any highway or unenclosed land shall ^^^^-^^ munic'ipamy ' '''''^'' ^^'' ^'^ *^ ""^^^^ compensation from any fl^Cnt" V6. Every Justice of the Peace shall be entitled to charge Fee«andre. •such tees in cases of prosecutions or orders under this Act as it *"™?by is lawful for him to do in other cases within his jurisdiction • '*'* and he 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. r *""«' IT. In case the council of any county or union of counties Povirionfor deems It advisable that the tax by this Act established should '''^^^ i^^i^ich be mamtamed, but that the application of the proceeds thereof =1°^" by this Act provided should be dispensed with, it shall be law- ^"' ^""^^ °"* lul for such council by by-law to declare, that such application £0^ '' shaU be dispensed with ; and thereafter, during the continuance oi '^uch by-law, the clauses of this Act numbered from six to litteen inclusive, shaU have no force or effect in any of the municipalities within the jurisdiction of such council: and the moneys collected and paid to the Clerk or Treasurer of any such municipality, under the remaining clauses of this Act, shall be the property of such municipality, and shaU be subject to its disposition m like manner as other local taxes. 18. The council of any county or union of counties shall have County power from time to time, to repeal any by-law passed under the f'^ V'^y repeal authority of this Act, and to enact or re-enact any by-law SeTir''** authorized by this Act. ' "^ ties, should, se with the in its juris- ntrary may, y or dogs lOr i to the said sheep INDEX Absence a cause for vacation of seat of Councillor, &c 34 Accounts of special rates and Sinking Fund 66 Accounts 218 Administration of Justice and matters of police. — See cities and towns separated to be counties 131 Justices of the Peace 131 By-Laws, prosecutions and convictions under 132 Police Office 134 Recorders' Courts and Police Magis- trates 134 City Division Court 137 Jurors and Witnesses 138 High Bailiffs and Constables 138 Board of Police and Policemen 139 Court Houses and Prisons 141 Lock-up-Houses 142 Houses of Industry and Refuge 143 Audit of Accounts 218 Affirmation. — See Oaths. Agricultural and Horticultural Societies, aid to 72 Aldermen, proceedings at elections of. — See Elections 28 Ale Houses.— 6>e liquors, spirituous 206 Allowances for Ho&da.—See Roads and Bridges. Alms Houses, &c.— By-laws for establishing 96 Animals running at large. — See Pounds. Animals, cruelty to. —See Cruelty 73 Anticipatory appropriations for debts 68 " What funds may be appropri- ated 68-69 What the By-law must recite 69 Must be approved by Governor in Coim- cil 70 May be made by Senior County in aid of Junior after separation 70 Appointments of Members of Councils, on failure to elect, to be equivalent to elections 39 Appeals to and from Court of Revision. (See Assessment, 5) 163 Arbitrations under this Act 82, 83, 122 Appointment of Arbitrators 122 Appomtment of third Arbitrator... 122-123 Case of neglect to appoint 122 Incases respecting Roads, Drains, &c.. 122 If owner fails to name Arbitrator 123 Time of appointing third Arbitrator, and for award 123 County Judge to appoint in certain cases 83,123 Aj)pointments, how made 123 Head may appoint for Corporation 123 Where many parties are interested 123 Pftfff Arbitrations— Continuct/. Arbitrators to be sworn 124 Form of Oath 83, 124 Award in certain cases must be adopted by By-law 124 Evidence to be filed in certain cases 124 Award may be made by two Arbitrators 125 Powers of the Courts m 125 Area of Town or Villag* limited 3 Arrest by constables for breaches of peace not within view 138 Ashes, By-laws for saf • keeping 93 " In Police Villages regulated 103 Attettmentt and Taxu: — Short title of Act 149 Interpretation clause 149 Meaning of words. Real and Personal Estate, &c 150 Unoccupied Lands (nen-resident) 150 Real Estate of Railway Companies 150 1. Property liable to Taxation .— All ratable property equally, not ex- empted 1.50 Real and Personal Property 151 2, Exemptions: — Public property, or held for use, or for Indians 151 Places of Worship, Churchyards, &c ... 151 Public Educational Institutions, if oc- cupied, &c 151 Gaols, Town Halls, &c 151 Public Roads and Squares 151 Municipal Property 151 Provincial Penitentiary and Philan- tbrophic Institutions 151 Scientific Institutions 152 Personal Property and Income of Go- vernor General 152 Official Income of Lieutenant-Governor 152 Military pay, &c., from Imperial Go- vernment 152 Provincial Pensions to $200 152 Income of Farmer, Merchants and Me- chanics, in certain cases 152 Personal Property secured by Mort- .^ gage 152 Provineial or Municipal Debentures . . . 152 Bank Stock, Railway Stock and Build- ing Society 152 Property owned out of this Province . . . 152 Personal Property equal to debts— ex- ception 153 Personal Property under ?100— income under $400 153 Clergymen's salaries to the extent of llOOO 153 Rental or Income from Real Estate ... 153 Household effects ii INDEX. Aueuments and r.Tarw— Continued. Salaried of Officialj at Ottawa and To- ronto 3. How rata to be €$Umated '■— To be BO much in the 9 upon the actual value . Page. 153 1B3 155 155 155 to be si\ writing, u required, by.Assessora ?.'..' 161 I Ah remrdB existing Debentures!..'.;;;.'.'" 153 Kate for Hinking Fund ... 154 Hate for Consolidated Municipal 'Loan .Fund i_«j4 Estimates to be mad*) yearly 154 Kates may be levied under one or more lly-LawH 254 Kates, if amount falls short, provision P .Kv-. 154 Kates, if m excess 155 Kates to be computed from J it Januaiy; etc .,,.,, 4. How A$tes»mvntt shall he made :~ Api)ointmeiit of Assessors and Collec- tors Appointment of Assessmert Districts " Assessment Roll, its fonu ard coiil tents 155 ^5^ jgg In what place Real and Personal Pro- perty shall be assessed I5(j Land occujued by owner, to be assessed m his name jgg Land unoccupied, owner known or un- known j5^ Land occupied by more owTiers thaii one J57 Land, when tenants may deduct taxes from rent J57 Assessor to note non-residentd; if re- quired— form of notice 198 157 How value of property to be estimated.' 157 Mineral Lands, how valued ... 158 Vacant Land, how valued in ' Cities Towns and Villages 153 Vacant Land, when held for Garden.s, Parks, &c 153 Railway Companies to furnish state- ments of Real Estate .. 158 Jfon-Sesident Lands .— " Proceedings in case Non-Residents have ^ot required to I « assessed 159 When known to be sub-divided into lots 159 wnen not known to be sub-divided 159 Afsestment of Personal Propevtv — Income, m excess of $400, to'^be assessed for such excess 159 Stock in Incorporated Compaiiies— pro- viso JgQ Personal Property of Partnership's',' liow and where jgQ Personal I'roperty of Partnerships', "if ■nri. *'"*'*'"& '" "lore than one place.. . 160 Where parties in business shall be assessed jgQ If more than one place of business ;;;;' 16G If no place of business igi In case of Executors, Tmatoos, &c ;;;;" 161 Separate assessment of joint owners . 161 Property generally: — Aa to Trustees or parties representing others jgj Statements ■ ' • Assesimtnts and Taa-M— Continued. ***' Statements given by parties not I nding on Awessors ig] Penalty for not giving stateinent, or making false ones I62 Assessors to give notice to parties of value of property 162 When Roll shall be completed! 162 When Roll how certified. ',[" 162 Roll to be delivered to Clerk. ..;;;;!;;;;;;; 163 Roll to be open for inspection .....' 163 5. Court of Rimsion— Appeals:— Court, number to consist of— quorum 163 Court, Clerk of njy Powers of Court, and when to finish business 2g3 Course of proceedings— notice oif coiii- plaint ig4 If an elector thinks a person is assessed too high or too low 164 Form of Declarations 201-202 Clerk to give notice by posting up list.. 164 ^iXtension of time for complaints 164 Form of notice list 164 Clerk to advertise sittings of Court;;;;;; 165 Clerk to leave a list with each Assessor 165 ±orm of notice to person complained against. . 1^3 Service of notices igs Appearance and declaration of peiion va "^^'l^'li^rfe'ecl on personal estate 165 liffect of declaration ia case of personal property igr, Other cases, how determined ;.;;;;; 166 Roll finally passed to be binding, except appeal _ y^ Powers of Court for remitting or reduc- ing taxes igg Appeal from Court of Revision to •HT A^^^. '^y^^^ 16C Mode of bnngmg appeal, notice, &c 166-167 JNotice of appeals posted at office of Court jgT Hearing and power to adjourn! ;;;;;;;;; 167 Appeals respecting Non-Resident Lands 167 Appeals respecting lots sub-divided 167 Not to affect assessment .s prior to 1866 167 Production and amendment of Roll 168 Power of Judge in examinations 168 Costs— decision to be final 168 Copy of Roll to be transmitted " to County Clerk 169 6. Equalization of Valuation by County Councils : — County Council to examine Rolls before rate imposed igg County Council to examine Rolls 'not later than! st July igf) How Town and Village Rolls are equa- lized jgg Appeal of Local Municipality to Coiiiity Judge _ iQg If any Clerk omits sending copy of Roll IJQ If Valuators are appointed, how Roll tested I'TQ Apportionment of County Rates 170 County Clerk to certify to Clerks of Local Municipalities 170 INDEX. m Page, ued. B not i "nding 161 tatement, or 162 to parties of 162 ted 162 162 * 163 ion 163 f— quorum.. 163 163 en to iinish 163 ;ice of com- ■■■ 164 1 is assesBed 164 201-202 iinffuplist.. 164 laints 164 164 f Court 165 ch Assessor 165 complained 163 165 1 of person estate 165 of personal 165 1 16<; ling, except 166 g or reduc- 166 Revision to 16G tice, &c 166-167 it office of 167 Ti 167 ient Lands 167 ivided 167 r to 1866... 167 •f Pvoll 168 3ns 168 168 mitted to 169 l>y County oils before 169 Rolls not 169 are equa- 169 to County 169 r copy of 170 how Roll 170 ;es 170 Clerks of 170 Page. Aiit$tment» and Taxt»—i'oni\n\x*A. Rates heretofore imposed fur Debentures not affected 171 7. Statute liabo\ir : — Exemptions from, ami who liable to 171 Rate m lieu of in Cities, Towns and Villages 171 Where to be performed 171 Liabilities of persors in Townships not otherwise assei led 171 Ratio of service n (^ase of persons assessed 171-172 Power of Council i.o increase or reduce. 172 Q^ommutatiun, how fixed, and if not fixed 172 Enforcement of payment 172 Provisions as to Non-liesidents 173 8. Collection of Matei,— Duties of Collec- tor t ••— Collector's Roll, how made — its contents 174 Provincial Taxes, to be entered on and collected 174 Roll for Non- Resident Lands 175 Duties of Collectors on receiving Rolls. 175 Power to distrain, and on what 175-176 Notice and sale — surplus, how dealt with 176 Rates may be recovered by action 176 Collector's Roll to be prima facie evi- dence 176 Collector's Roll to be returned on cer- tain day 176 Another Collector may be appointed . . . 177 Proceedings when taxes are returned unpaid 177 Taxes to be a lien on land 177 9. Non-Re»ident Lands, and sales of land for Taxes : — List of lands granted, &,c., to be fur- nished by Commissioner of Crown Lands 178 County Treasurers to send copies to Local Clerks 178 County Treaaurers to send lists of lands three years in arrear 178 Local I 'jerks to keep lists open for in- spection 178 Assessors, owners and occupants to be notified 178 Lists to be returned to Clerk with Roll. 178 Duties uf City and Town Clerk, &c., same as County Officer,'^ 179 Assessor's certificate, and form of 179 Lands becoming occupied, arrears to be inserted in Roll 179 If not sufficient distress, return of ar- rears to County Treasurer 179 Liability of lands to sale — penalty for neglect by Clerk 180 After return to County Treasurer, local officers not to receive taxes 181 Municipalities may remit taxes on non- resident land 181 Whole amount of tax must be paid, unless land sub-divided 181 Treasurer to give written statement of tax. if dematided 1 81 How accounts of Non-Resident Lands must be kept 182 Page. Assessments and T'ajKM— (Continued, Proceedings where land is not aMeued — valuation 182 Treasurer may correct clerical errors.... 182 Pretended receipts 182 Ten per cent, to be added to arrears yearly. 182 If distress on land, C/Ouuty Treasurer may levy 183 From what period unpatented land shall be taxed 183 Sales of lands for taxes, when three years due 183 Warrant of Warden to Treasurer 183 Provisions as to warrants before 1st January, 1867 183 County Council may extend the period for payment 184 Treasurer's duty on receiving warrant to sell 184 Deed binding on former owners, if ;iot redeemed in one year 184 What lands only Treasurer shall sell . . . 184 County Treasurer to prepare list, and advertise in Gazette 184 Proceedings when Junior County se- parated frnm Union 185 How sale shall be made— notice, &c 186 If the lands do not sell for full amount of taxes 186 If the fee be in the Crown 186 If purchaser fails to pay purchase money 186 Certificate of sale 186 Effect of certificate of sale for certain purposes 187 Effect of tender of arrears of taxes 187 Treasurer's Commission, fees and ex- penses 187 Right of owner to redeem, and on what terms 188 Deed of sale, if the land not redeemed.. 188 Eorm of Deed— effect thereof — registra- tion 188, 200 On what certificate to be registered. 188-189 Treasurer to enter in a book lands con- veyed 189 Deed valid, if not questioned within two years 189 Non-Resident Land Fund, County Council may e.stabliBh 189 Of what to consist of — account to be kept 190 United Municipalities, and afterwards disunited, &c 190 As to new Municipalities formed from two or more Counties 190 All arrears to furm one charge on the lands 190 Deficiency to be supplied by Local Municipality 190 How money from Fund appropriated... 191 Debentures may be issued on credit of.. 191 Who to have charge of them, and by wham negotiated 191 Payment of interest 191 Surplus, how divided among Municipa- lities 191 INDEX. Pftfi6. Aut»»ment» and Tarw— Continued. Annual ntatcinent of hmd to b« iub- uiitted to County Council 192 What it ahall iliow— copy Kent to Pro- vincial Treasurer 192 Collection of Non-Kesident— arrearu in CitioB and Townn 192 Mayors and Chamberlains of Cities and Towns to have the fiowers of War- dens and Treasurers of Counties ... 192 Treasurers to keep triplicate Receipt Books, Ac 192 10. Rapontibilili of offlcert:— Treasurers anil Oollectors to give secu- rity 192 Treasurer's Bo-.id with sureties ......." 193 Penalty for neglect of duty by otticers. . . 193 Other AssBHiMirs may act for those in default 193 Puniohment iV" making fraudulent assessment 193 What shall be evidence of a fraudulent assessment 193 Penalty for not completing Rolls iii time J94 Proceedings for compelling Collectors to pay over 194 Duty of, and mode of compelling Sheriffs, &c., to pay over 194-5 Payment of money collected for the Province 195 Payment of money collected for the County 190 Bonds of Collectors to apply .''......, 196 Mode of enforcing payment 196 Warrant to, and duty of Sheriff 190 County Treasurer and City Chamber- lain liable for Crown moneys 196 Municipality responsible for Crown moneys 197 Treasurers and sureties responsible to County 197 Bonds to apply to school moneys, &c,... 197 Corporation of City, County or Town, responsible for default of Treasurer 197 11. Miscellaneous :— Penalty for tearing down notices, &c.... 197 Recovery of fines and forfeitures 197 Application of fines and penalties 198 Repealing clause 193 Assessors and CoUecters.— ^ee Assessment. Appointment and qualification of... 46, 155 Duties of Assessors in making Rolls 46, 155 Duties of respecting Dog Tax 240 Collectors of Provisional Council, lia- bility of 47 To be officers of Court from which writ of execution issues 62 Assessments for year jireceding dissolution of Unions ig Assets of Union on dissolution '. 16 Assize of Bread, By-Laws regulating '.'.'. 90 Auctioneers, By-Laws for regulating and licensing gtj Awiitors : — Appointment— certain persons disquali- fied 47 Duties of 47 Council to finally audit .".. 48 PM6. ./(ut/iVor*. -Continued. Declaration, and form of 49 Abstract, &c., to be jniblished by Clerk 48 To audit Treasurer's Non-Resident liands Books 192 Fees to— of Administration of Justice Accounts 218 Audit, &c., of mont. , paid by County Trev surer by (.'ounty Council 48 Administration of .Justice Accounts ...218 Authentication of By-Laws and copies. 192, 216 Award (.SVe Arbitration) 124-125 Award of Fence- Viewers '. 223-225 Barristers exempt from Munici|)al offices... 22 Bathing, By-Laws for preventing or regulat- „ ing 85, 90 Beggars, By-Laws for restraining and punishing 85 Billiard Tables. By-Laws licensing and regulating 73 Bilk of Mortality, By-Laws respecting 91 Birds, By-Laws against destruction of 75 Blasphemous, In.sulting or Indecent lan- „ ,(?iiaKe 84,219,220 Board of Police in cities.— *'«« Police 139 Bonds and Sureties of Municipal Officers. (See Assessment, 10.) 45, 72, 192, 197 Books, Papers and Moneys, to bo property of Corporation 50 Embezzlement of, punishment for 61 Stealing or deatroymg Poll 51 Booms, By-Laws for protecting 116 Boundaries, Land Marks and Monuments (By-Law) 74, 94, 112 Bread, Assize of, &c., By-Laws for regulat- ing 90 Bridges, \15.—See Roads and Bridges,— Driving, Notices on. Buildings, &c., to be made safe 93 " compelling plans to be deposited. 94 " wooden, regulating of 95 Burials, Cemeteries, 75. Interments 91 By-Laws .■— Existing, continued, 1-6. After separa- tion 16 1. General Provisions ; — Powers to be exercised by 62 How authenticated and proved, evi- dence of 52, 216 Opposition to by Ratepayers ... 52 When By-Laws shall not pass 53 2. When Assent of Electors is required ; — Time and Place of Voting to be fixed by By-Law 53 Proposed By-Law to be published 53 Notice to be given 53 Poll, manner to be taken 63 Summing up of votes 64 What ratepayers only shall vote on By- Laws for debt 64 Oath, &c. , may be required, and Form of 64 3. When Assent 0/ Governor is required.... 54 Facts to be verified by solemn declara- tion 54 4. Proceedimjs for quashing and effect of quashing : — To what Court, and who may make application for quashing 55 INDEX. 43 }. 178, 192. Claims ot Government, purchase of 65 Clergymen exempt from Municipal Offices. . . 22 Stipend or Salary to $1000, ex- empt from taxation 153 Clerks of Councils : — Appointment and general duties 42, 48 Copies of Minutes, &c., to be furnished, and ie.c. {r.r .J2 Returns to Receiver-General 42 Penalty for not making returns 43 Annual return to County Clerk 43 INDEX. vn Clerks of Councils — Continued. County Clerk to make returns to Pro- vincial Secretary 44 CitieB do do 45 r, .. , [158, 175. Duties as to assessments.. 163, 169, 170, 174, To be officers of Court from which writ of execution issues C2 With regard to impounded animals'..... 127 To be Clerk of Pclice office, and his duties J35 Duty of with regard to Thistles.".!!!!!!.' 237 Collection of Taxes.— See Assessments, 8. Coljectorp, See Assessors and Assessment 8, 9, 10 Appointment and qualification of, 4G, 47, 155, 177. Roll, form and contents 174 To collect aogtax ....'..'.' 240 Commencement of Municipal Act...!.!!!!!!!! 146 Commissioner of Crown Lands to furnish lists of lands granted 177 Police, Board of. — See Police. Road, appointment of 71 Commissions of enquiry respecting Fi- nances 70 73 For erecting Gas or Water Works . .'. ..." 97 Committees of Councils, remuneration of... 77 Commutation of Statute Labour IT'S! 173 Confirming and saving clauses : — ' Municipal Act 145 Assessment Act !!!!!!! 198 License Act 217 Constables, Chief, and High JBaiiiff!— isee High Bailiff. Constables. — See Police. Who may suspend 139 May arrest, without warrant in cer- tain cases 138 Salary withheld during suspension!!! 139 May enter Taverns 214 Penalty for Tavern-keepers harbouring! 214 Special may be sworn in at Elections .. 27 Contracts of Members with the Corporation when void go Contractor with a Corporation, not to be a member of the Council 22 Controverted Elections : — Trial of contested elections 35 Time limited— security— 5 uo warran to. . 36 When Relator claims seat - or several elections contested 36 All to be tried by same Judge !!! !! 36 Writ, who to issue and return-day thereof 35 Returning officer may be made a party. 37 Service of process— intervening parties. Trial to be summary— proof— judgment Disclaimer may be filed, effect and form of Posting and Registry of disclaimer- duplicate 38 Costs, discretionary, when disclaimer _ put in 38 Disclaimer to operate as resignation 39 Return of judgment— Judges to make rules 39 Appoiiitmeuts to be deemed elections... 39 Who may be relator in case of such ap- pointments 39 Convictions under By-Laws, form of.!...!!!!! 133 37 37 38 Coroners, one or mor« for every city and town 95 Duty, compelling payment by Sheriff... 195 Corporate names of Municipal Corporations 2 Councils, Municipal : — 1. Of whom composed 18, 19 Heads of councils, ' 18 Members of .19 20 2. Qualification of members Tn townships, incorporated villages 21 Towns, Cities, in new Townships 21 Of Trustees in Police villages 21 3. Disqualification of members 22 4. Exemptions 22 5. Meetings of Councils. First meeting 39,40 Election of Heads of County Councils, or wardens 40 Who to preside at first meeting — casting vote 40 Subsequent meetings of 40 Place of meeting 40 Ordinary meetings to be open !!!! 40 Special meetings may be closed 40 Quorum— adj' rnments 41 Who to presiuj in Council 41 Head may vote, -provision in case of Ties 41 6. Resignation of heads or Members 42 7. Jurisdiction of Councils 52 8. Restrictions upon Councils 60 9. Remuneration of Township and County Councillors 77 Estimates of requirements made yearly. —See Assessments 154 County Councils, equalization of valuation and rates. — See Assessments, 6 and 9. See Councils, Municipal. 5 40 County Judge or Recorder, Court of Appeal! — See Assessment, 5. County Treasurer, duties as t* collection of Taxes.— See Assessment, 9. Counties : — For what purposes may pass By Laws. —See By Laws, (a. b. d. h. i. j. k.) Aided or may aid local Municipalities in making roa(^s Ill, II7 Exclusive jurisdiction over certain roads 113 County Boundary Roads 114 Roads assumed to be macadamized 115 Former powers of Justices of the Peace over roads transferred to 115 Local improvement of Roads 117 Proceedings on By-Laws for local im- provements 117 New Counties, how formed 10, 11 See United — Provisional. Court Houses.— See Gaols. Courts of Revision and Appeal.— See As- sessment, 5. Courts, Place of holding after separation... 15 Crown Lands, See Conumissioner of. Cruelty to Animals, By-Laws for prevent- ing 75 Debts of United Counties after separa- ^tion 12, 16,17 Of (United Townships 16-17 Of Villages 17 VIU INDEX, i)e6<»— Continued. Yearly rate to be levied sufficient to pay 62 If rate of two cents on $ not sufficient .. 62 Report of debts to be made yearly to Governor 70 Commissions of Inquiry into Municipal Finances 70 By-Laws creating. -(See By-Laws, 6)62,63,99 By-Laws to be assented to by rate- payers—exceptions 64 By-Laws creating, repealable 67 By-Laws creating, rates reduced 67,68 By-Laws for local improvements, as- sent of ratepayers not required ... 100 Anticipatory appropriations for. 68 Debentures to issue for debts before separa- tion jg Debentures, Bonds, &c., how to be execii'ted 59 How transferable, described in pleading 59 Amount recorerable, though negotiated at more than 6 per cent 59 Councils not to issue in form of a Bank Bill, or act as bankers 60 May be renewed, without complying with certain formalities 64 For local improvements in cities. 98, 99, 100 Outstanding at passing of Act 171, ]53 On Non-Resident Land Fund 191 When valid without Corporate Seal 121 Declarations, official, 32-33. —See Official... 48-49 Declarations of Office, how and before whom made 33,49,50 JJeclarations at Elections 30 Poll Book, attested by 31-32 Oath of verification of Returns 43 Declarations of qualification, form of '. 48 Of office, form of 49 Auditors, form of 49 1^ False, making of, perjury ...... 145 Of overcharge on assessment, form of 165 201-2-3 Declarations, penalty for refusing to take,' &c 50 Deed of Sale of Land for Taxes, form of 188, 20O Deed of Sale of Land for Taxes, valid in certain cases 139 Deficiencies in collection of taxes, when made good by localities 190 Deputy Reeves, number of 19-20 " Qualification of 21 Disorderly Inns, how proceed against 215 Disorderly or drunken persons, vagrants, &c 85 Disorderly Houses and houses of ill fame. , . . 85 Disqualifications as Members of Councils. ... 22 Disclaimer of Office, form of 38-39 Distress and Sale for Taxes.— ^See Aesess- menta. Districts' Assessment 155 Division Courts in Cities.— /See Recorder..... 137 Bailiffs of, disqualified as Members of Councils 23 Docks, Rivers, Harbours, &c., By-Laws respecting gg-SO Dogs, tax on— By-Laws rcHpecting 75 Annual tax on 7 240 Duty of Assessors respecting tax ......... 240 Duty of owners of 240 Tax entered on Collector's Roll .'...'. 240 lax to form fund for damage t* sheep, &c 240 Dogt,tax on — Continued. Page, Extent of liability of owner of dog.. 242, 241 Provisions, if owner not known 241 Provisions where there is a conviction, but insufficient distress 241 Claim in certain cases .o belong to Municipality 241 Worrying Sheep 242 Proceeding where Collector has failed to collect 242 Cases where owner has no claim for compensation 243 Fees and Returns by Justices of the Peace 243 Provisions, where taxes on are main- tained, but not applied 243 County Council may repeal By-Laws, &c., respecting 243 Drainage : — By-Laws respecting, exempt from assent of Electors 64 Petition of owners of property to Coun- cil respecting 80 By-Laws respecting 80 Assessments for, &c.— Publication of By-Law 80-81 Effect of drainage being continued be- yond Municipality 81 ■Vppeals respecting 81-82 Plans, &c., of drainage to be m.-ide... 80, 82 When drainage not continued beyond Municipality 81 Duties of Municipalities 82 Arbitrations, in respect of 83 Drainage to be maintained, and by whom 83 Provisions as to drains used by others... 84 In Cities, Towns and Villages— By- Laws respecting 94 See Fences, Line and Water-courses. See Roads, Bridges, Drains, Water- courses. Driving or Riding in Highways furiously, or Racing... 91, 116, 219 Fast on Bridges. 109, 91, 220 To go to the right, giving half the road 219 If the weight of load pre- vents turning out 219 Sleigh Bells 220 Penalties, and how en- forced 220 Not to bar damages 221 Drivers too drunk to manage their horses... 219 Drunkeness, &c.— By-Law for prevention... 84 Drunkards may be sent to House of Indua- .^ try 143 Drunken persons, penalty on, for driving horses, &c 219 Dwelling-house, Bams, &c., Roads not to encroach on 105 Education : — By-Law for acquiring land for school.75, 86 By-Law for Investment and appropria- tion of money in aid of 77-78 By-Law for Investments already made legftlized ..,,..... 7.0 By-Law for Investments by Boards of School Trustees 78 INDEX. IX Page. log.. 242, 241 1 241 nviction, 241 elong to 241 242 as failed 242 laim for 243 ! of the 243 re main- 243 y-Laws, 243 m assent 64 to Coun- 80 ..; 80 ation of 80-81 lued be- 81 81-82 tide... 80, 82 beyond 81 82 83 and by 83 others... 84 es—By- 94 urses. Water- iriously, 91, 116, 219 109, 91, 220 b, giving i 219 oad pre- rout 219 220 low en- 220 jes 221 lorses... 219 !rition... 84 Indua- 143 driving 219 not to 105 chool.75, 86 oropria- 77-78 y made ards of 78 Page. Education —Continued. Loans to Boards of School Trustees by Councils 78 Liability of Members of Corporation or Trustees 78 Aiding Pupils at Schools and University 87 Endowing Fellowships, &c 87 Elections, Municipal : — First Elections in new or extended MunicipaUties 3, 9, 24 Holding of in certain places prohibit- ed 24 Subsequent Elections, places of 24-25 . When to be held in Cities, Towns, Townships and Villages 25 Junior Townships after separation 25 Ward Divisions to cease on separation. . 25 Certain Elections to be by general Vote 25 Returning Officers for Elections by Wards 25 Wh«n Clerk to heex-offi^io 26 Elections in Police Villages . . 26 If Eetuming Officer be absent 26 To be Conservators of the Peace 26 May swear in Special Constables 27 Proceedings at Elections in Townships and Incorporated Villages 27 Nomination Notice — who to preside 27 If no more Candidates than oifices — if more 27 Notice of persons proposed — List of Voters 27 Poll Booka, how kept — how returned... 28 Summing up Votes — Declaring Candi- dates elected 28 Casting Vote in case of ties 28 Proceedings at Elections of Aldermen and Councillors in Towns 28 Nomination Notice, and who shall pre- side 29 If more Candidates than oflSces— if no more 29 List of Voters— Poll Books, how kept. . . 29 Ilet«ming Officer may administer oaths . . . 30 Oaths and questions that may be put to Electors 30 Eetuming Officer to declare result of Election , 30 ^Vhen and who to have Castin g Vote ... 30 Poll Books, return and attestation of... 31 If Election is riotously broken up 31 Proceedings at Elections of Mayors, and Keeves and Deputy Reeves in Townc. 31 Qualification of a Mayor in Cities 31 QuaUfication of Mjiyor, Reeve and De- puty Reeve in Towns 31 Nomination, who to preside, and powers of 32 If only one Candidate for an office 32 If more than one Candidate 32 Duration of PoU— I'^'ll Books 32-33 Return of Poll Books -declaration of result 32-.33 Casting Vote in case of ties tiS Declarations of office, how made— no If no return for one or more Wards 33 Election of Mayors in Cities by Members of Council 34 Page. Election ,when seats are vacated 34 New provided for— term of office, 34-35 For what cause seats shall be va- cated 34 Non-Election not to prevent organi- zation 35 Time of holding: new Election 35 If neglected or declined- appoint- ments 35 Controverted. — See Controverted Elections. Electoral Divisions, division of Municipali- ties into 79 .Electors, Muni«ipal, qualification of... 22-23, 54 WheretoVote 23 When Landlord and Tenant may Vote. ... 23 When joint owners may Vote 23 Electors, Parliamentary, qualification of. ... 24 Embezzlements by Municipal Officers 50 Engineers and Inspectors, appointment of... 85 Equalization of Valuation.— See Assess- ments, 6 169 Erection of Villages into Towns, and Towns into Cities 4-5 Estimates to be made yearly by Councils ... 154 Evidence 58 Executions against Corporations 61 Officers of Corporation to b© deemed officers of Court 62 Exemptions from being Members of Council 22 Of Manu '; ' ories from taxation for five years 62 From Taxation. — See Assess- ments, 2. Of Citizens as Jurors, with certain exceptions 138 Exhibitions, Shows, &c. — By-Laws for regu- lating and taxing 76,85 Buildings for. — By-Laws for establishing 96 Existing Corporations continued 1, 5 By-Laws continued 6, 16 Extension of Corporations 2,3,5,6,7 False declarations punishable as perjury 145 Fellowships, Scholarships, Prizes, &c. — By- Laws for endowing 87 Fences, By-Laws for regulating 75 Fences — Removing trees thrown across a line or othei' fence 131 Fences, Line and Water-courses. — (Also see Water-courses) 221 Each party to make and repair a por- tion of division fence 221 What constitutes a lawful fence 221 Division Fences not to be removed without notice, &c 221-2 When vacant land enclosed, owner to payashareof division 222 Water-Fences — When lands divided by a creek 222 When and how Ditches or Water- courses maybe opened 222 Fencs-ViewerH to mstke award . . . 223 oofs If a party refuses to, or does not, per- form his share 224 How amount shall be ascertained 224-5 INDEX, Fences— Continned. Page. Feet, &c., under Act 226 ProTisiona above to apply to unoccupied lands 227 Ftnce-Viewers' report to bo brought before Council 227 Amount to be charged on lands—Fees, &c., added 227-8 Owner when notfound ..!!."...'.. 228 Extension of Ditch or Water-course.. 228 Provisions in which MunicipaUties are benefitted 228 When appeal allowed !..!!!.."!' 229 Fence-Viewers, appointment of.....,."....."" 71 Duties in cases of damages by animals 129-130 Duties with regard to Line- fences and water-cour- ■^s V 222,3,5,6 IP • -n T Fees of ..226,228 |,e"ies, By-Laws for regulating, &c 86 Filth, Snow, Ice, removal from roofs, streets, &c 93 Filth, preventing throwing in streets. . . ...... '. 77 Finances, Commissions of Enquiry respect- .„. ing 70-71 Fmes and Penalties, 58, 72, 130, 197, 210. 211 212, 21.3, 215, 216, 220, 232, 233;236: 237, 238, 240, 242. ' ' ' ". Fines and Penalties, recovery and applica- tion of 5y 230 Fires, By-Laws for preventing or suppressing' 92 Fires, enforcing assistance at 93 Fire Companies and EegulationE. 92-93 ■c,. . 5^&ulation8 in Police Villages.... 102-103 FirmgGuns, Fire- Works, By-laws respecting 91 Forestalhng, &c., By-Laws for preventing . 90 fountains. Wells, kc—fSee Water). Frequenters of public houses may be sent to House of Industry 143 Frauds by Officers, &c., how punishabieiJib' 193.— I'^ee Asset 9ment, 10). Furious Driving, preventing oi~{See Driv- ing.) 91 Gaming, Gambling Houses, By-Laws for suppressing gg Gaol Limits, how affected by separation of Counties 15 Gaoh and Court Houses : — Persons in Jail, how affected by separa- tion of Counties 15 Share of expense to be paid by Towns separated g County Councils may erect, Ac . 141 To be common in Counties, Cities and Towns, not separated for all pur- poses 141 Compeusatiou by City or Town, how regulated 141 Compensation whea amount may be re\'ised g 141 City Councils may erect, &c ...141, 145 In ease of separation of Union of Coun- vies 141-2 Sheriff to have care of County Gaol...., 144 County Councils to appoint keepers of Court Houses 144 ^nnointrnent f^f S.;:^™".""'' f"~ "" Gaolers disqualified as Members of Counciis 22 Gardens, &c., Public, Page. '^^'^ ^^'' ^"""c., By-Laws for esta- blishing gg Roads, not to encroach upoii....... 105 Private, how to be assessed i^a Gas and Water, By-Laws respectmg suppiy *5t » Companies, acquiring Stock "i^'" "kid lending money to 77 Companies, Head of Corporation',' 'to 'be ex officio a Director 77 Lightingwith Gas og Laying down Gas and Water Pines Qfi Gas and Water Works ''^^ ^^^^ ^ Proceedings in passing By-Laws i^^l'". 97 If there is a Gas or Water Companr in Municipality 97 Inspection of Gas Metres ".'. 97 Commissioners for erecting Work's 97 Gores-~Governor may annex to adjacent lownships JO Government Claims, purchase "o'i. r^ Governor in Council : May annex Villages to County 4 enlarge boundaries of Villages 4 erect Village into Town and Town into City g extent Town or City!!!"." 5.(5 separate Town from County 8 erect new Townships 9 annex Gores !!!!' iq erect new Couaties .!! 10-11 determine County Towii!!!!!'! " 12 appoint Judges, &c ! 13 separate United Counties 14 assent to By-Laws in certain case's!54-55 consent to application of surplus moneys . consent to reducing of rates in Bv- Laws consent to anticipatory appropria- tions 66 68 70 Returns to be made to!!!! !!!!!!!!!!! 70 To assent to regulations of -ferries 86 lo have power over certain roads, &c'" 104 May appoint arbitrators " ' 122 ' ' supersede Deputy Recorder! ! ! 138 Graves, By-Laws for protecting.— r/S'ec Inl terments) r,r> Grammar Schools, By-La!v»^,' ' jfor 'obtaininir ' lands, &c.,for * For aiding Schools, and Pupils 'at Aiding Pupils of-to defray expenses at University, &c Gunpowder, By-Laws for" reflating "the keepmg, &c • Regulations respectbginPoi'ic'e'viiia^es 103 Guns and Fire-Arms, By-Laws respecting nnngof ^ ° gj. Harbours, Rivers, Docks, Wharves, &c.. By-Laws respecting gg .gq Hawkers and Peddlers, By-Laws for re^^ 86 87 87 92 Hay, latmg and hoensmg gg Straw, &c regulations respec'tinff! m Police Villages 102 Heads of Councils, &c. , continued 1 Meads of Councils, who shall be . . •] g Jiilectiou of in Counties.— ^ec Mayor! xieeves ^/\ INDEX. XI Headg of Couuei'a— Continued. Page. When to Vote -Ties decided in nega- ^ .ti'e.. 41.42 Kesignation of, and filling vacancies 42 May administer oaths, &c., in certain ,„ c««s 50. 100, 133 When to be ex officio Directors of Gas and Water Companies 77 Whan to be Justices of the Peace, and take same oaths as other Justices .. 132 Health.— See Public Health. High Bailiffs and Chief Constables disquali- fied as Membersof Council 22 Council of Cities to appoint ..'. 138 Highways, what shall be deemed to be.— ,S'ce ' Roads and Driving 103 Horse Racing, By-Laws for preventing 85 Horse Stealing, rewards for taking persons guilty of 130 ilorses, By-Laws for preventing leading or driving on sidewalks 91 Horticultural Society, aid to 72 Householder defined [ 45 Houses, &c., roads not to encroach oii..."!. 105 Houses of Ill-Fame, By-Laws for suppress- mgr 85 Houses^ of Induitry and Refuge:— What Councils may erect and esta- blish 141^ 143 What Councils may appoint Inspector^ ^TTi. ^?«Pe", Surgeons 85, 143 Who liable to be committed 143 Punishment of refractory inmates 144 Inspectors to keep and render accounts. 144 Hucksters, By-Laws for regulating 90 Immorality and indecency, preventing of... 84 Importuning Travellers, By-Laws for pre- venting 91 Imprisonment, By-Laws imposing 72 Imprisonment in default of payment of fines! 130, 208, 209, 210, 211, 212, 214, 215 216, 219, 220, 221, 231, 232, 233. Income how assessed, and when exempt from Taxation.— ^ee Assessment, 2. Incorporated Villages .— New, how constituted 3 How population may be reckoned '. 3 Area and Boundaries of ., 3.4 When Village between two Counties, to be annexed to one 4 Erection of into Towns 4.5 For what purposes may pass By-Laws! —See By-Laws a, b, c, e, f, k, 1. Provisions as to debts before incorpora- tion ly First Election in 20 Incorporated Companies, how assessed, ir^i, 100 Indecent writings, placards, By-Laws pre- venting 84 Indecent exposure of person !!.!!!! 85 Indigent, Idle, or Idiots may be sent to House of Industry 143 Industry, See Houses of !!!! 143 Industrial Farm, By-Laws for acquiring. . . ! ! ! 90 Innkeepers. — See Liquors. Innkeepers not to be M«mber of Council ... 22 Inspectincr Trustee, .".ppnintincr.t of 100 Inspectors of Licenses, appointment and duties of 207 Page. /n«j9«cm Court of Revision igg Decision final !!!.]^| 159 Ladders to Houses, compelling of 93 Land— what the "word" shall include iii Assessment Law 150 Xll INDEX. Page. Lands, wet, purchase of 119 Draining and disposing of 119 Language, Blasphemous, Grossly Insulting or Indecent 84, 219-220 Land Marks, By-Laws and provisions re- specting 74-76 Laws applicable to Union of Counties 87-88 Lewd Persons, correction or punishment of. 143 Liabilities continued 1, 7, 17 " to be adjusted 5,13,16 Liberties of Cities abolished 6 Licenses for V ictualling Houses 74 Licenses. — See Liquors and Carriages. Lighting, Watering, &c. — See Gas and Water 112 Lime, regulations respecting, in Police Vil- lages 103 Liquort, Spirituo^is : — No person to sell without license, except Brewers and Distillers 205 Licences to be on Stamped Paper 205 Licenses to be signed by Treasurer of the Province 205 Licenses, duties payable to Government on 205 Licenses, Issuer of, duties and remuner- tion 206 Licenses, how issued, and for vessels ... 206 Licenses, Councils of Towns, Townships and Villages may make By-Laws... S>.X> Licenses, Commissioners of Police in Cities to make By-Law? 206 For Certificates for Licenses, terms of, security 206 Number of Tavern and iShop Licenses may be limited 206 Certain persons exempted from having accommodations 207 Eegulation of Public Houses 207 Sale of Liquor may be prohibited 207 Inspectors may be appointed, duties of. 207 Accommodation required for Tavern or Inn 207 Clerk to notify Issuer of Licenses num- ber authorized 207 Issuer not to issue a greater number.. "'08 Sum to be paid in addition to Provincial duty 208 Application of sums paid for Licenses... 208 No certificate to be granted, except upon petition 208 Not to be granted at certain times and places 209 Penalty for issuing certificate contrary to this Act 209 Cases in which certificates to be granted 209 Mode of procedure for obtaining Tavern Licenses 209 Money not to be taken by Treasurer, until Provincial duty paid 210 If Municipal Officer or Member con- victed, to forfeit office 210 Transfers of Licenses 210 Inspector may consent to removal of Tavern-keeper to another house 211 Tavern-keepers to exhibit notice of be- inj? licensed 211 Shop Licenses not to authorize liquor to be drank in the house 211 Page. Penalty for selling without license 211 Places to be closed from Saturday to Monday 212 Penalty for contravention of 212 Prosecutions for selling without license —whom before 213 Procedure — conviction — when prosecu- tion must begin 213 Other prosecutions, whom before 213 Any person may be prosecutor 214 Harboring Constables on duty 214 Itight of Constables to enter Taverns ... 214 Penalty for tampering with a Witness.. 214 Penalty in money in certain cases, how to be paid 214 Penalties m other cases 215-216 Penalties not to be remitted 216 Meaning of word liquor and liquors 216 By-Laws of Police Commissioners 216 Acts and Sections of Acts repealed 216 Loans. — >S'ee By-Laws, Debts, Debentures. Local Improvements, By-Laws regulating in Cities and Towns 98-99 Cities, Towns and Incorporated Vil- lages 112 Counties 87,117 Local Municipality, the term defined 149 Lock-up-Houses : — County Councils may establish, &c 142 Who liable to confinement in, and term of 142 Expenses of conveying and maintaining prisoners 142 Council of Cities, Townships, Towns and Incorporated Villages may establish 142 Mandamus, coats of in discretion of Court . . CO Manufactories, dangerous, By-Laws for re- gulating, &c 92 Power of exempting from taxes for five years 62 Market, By-Laws for establishing and re- gulating 89-90 Materials for lloads, By-Laws for taking ... 110 If price not agreed upon, to be settled by ar- bitration 110 Mayors, qualification of 21, 31 Elections of 31,32,33 Duties and powers of, 34, 41, 50, 58, 131, 139. May call out Posse 133 With regard to Non-Iiesident land. 192 Measures.— See Weights and Measures. Meat, &c., By-Laws for regulating sale 90 Medical Practitioners exempt from Munici- pal Offices 22 Meetings of Councils. — (See Councils, Muni. cipal, 5) 39-40 Members of Township and County Coan- oils, remuneration of 77 Military or Naval Service exempt from Statute Labour 171 Pension or pay, &c. , exempt from taxa- tion l.')2 Mineral Lands, how .issessed 158 Mineral rights under Eoads 119 Index. Page. license 211 Saturday to 212 f 212 hoiit license 213 3n prosecu- 213 efore 213 tor 214 ty 214 Taverns... 214 a Witness.. 214 L ca«e8, how 214 216-216 216 liquors 216 ioners 216 pealed 216 tibentures . regulating 98-99 )rated Vil- 112 87,117 fined 149 ish, Ac 142 1, and term 142 naiutaining 142 ,ps, Towns lages may 142 of Court.. CO awB for re- 92 Dting from years 62 ag and re- 89-90 ir taking ... 110 ixeed upon, tied by ar- 110 21, 31 31,32,33 :, 41, 60, 68, 133 identland. 192 asures. ngsale 90 m Munici- 22 icils, Muni. 39-40 inty Coiin- 77 mpt {rem 171 froin taxa- l.'>2 168 119 ^i0tn}^\ 18-19, 2 1 1 MohopoliiiH tiot tu bf granteti by Municipal**^*' Councils (jQ E.\ceptiou OH to Ferries ....'. (jq MonopoIieB of Market graiiia, meat, hah, &c nn Morals, Public, By-Laws for preveiitiug offencos against ^4 Mortality, bills of, By-Laws resi)ecting 91 Municipal CouuciLs, of whom composed 1 Miiinrifxd Gorpovations .— Existing continued Coroorate names and governing bodies. dec New Municipalities, Councils, Offi- cei-s, By-ljaws. May Purchase Public Works (J5 Municipal Loan Fund. -.SVr Investments. Rate for paying debts to 154 Names of Municipal Corporations 2 mwMiuiicipnlitk.s and Po/irc VillaVv w ()/ Miuiirijinl (JorpomUoim':-' Of exwting xMunicipal Corporations to he continued 112 5« In Villages becomiu'g" Towns', "(ir'To'wi.'s Cities, to continue On senaratioiis in rwinntiuu .,..,1 /..,.'.'.!' 1 Oaths, Affirmations, tC'c. .•— Poll Books to be verified under 28 Returning Officer may administer ;iO Venhcation of Returns 43 Who may administer 50 Required, of Ratepayers, when voting oii certain By-Laws 54 Arbitrators', and form of ....."..'..".!.'...'" '83, 124 Of Heads of Corporations to be same •»mtL ^'^ "*^®'' Justices of the Peace 132 When dispensed with 132 Of Policemen 140 As verification of Assessment Roil.' iorm of [ 1(^2 Court of Revision may administer ..!!.. 163 Witnesses may be sworn 166 17 separations in counties anirt m case of executions (J2 See Clerks, Chamberiains and Treasii'i- ers, Fence- Viewers, Assessors ma Collectoi-s, Auditors, Insjiectors, Valuators, Pounds and Pound- keepers. Resi)onsibility of an to collection of "axes.— ,SVe Assessments, 10. Officml Dedaratious : — Declaration of allegiance of all persons elected or appointed under Act 48 JJeclaration of office, and denial of dis- qualification 4() Audit(u-'s declaration, form oif 49 Before whom sliall be made 49.50 To be subscribed and kept— certificate of 50 Penalty for refusing to take, and iiow enforced go Officials, salaries of, at seats of Goverii- "lent, exempt from taxation 153 Orchards, roads not to run through... ' 105 Ordnance Lands or Roads not to be inter- fered with— exception 104-10^) Overseers of Highways, appointment of 71 Duty of with regard to thistles "236 Penalty for neglect of duty to thistles 238 Must have authority froin Council in respect to thistles 239 Parks, Gardens, &c., Public, By-Laws esta- bltshmg Partnerships, how assessed fior^perscfaai property _ jgg Party Walls, By-Laws for eiiforciiig"erec^ tionof qrt Payment of Members ''"^' "■'■ " County Councils Peddlers and Hawkers.— ^'es Hawk, o Penalties not to be remitted ' 210 of Tovviishin and 96 71 XIV INDEX. Page. Penalties, imposing, recovering, and i\pply- ing, 68, 72, 130, 163, 197, 210, 211, 212, 213, 215, 216, 220, 232, 233, 236, 237, 238, 240, 242. Penalties on Officers for neglect of duty.— See AssessmentH, 10. Perjury, false declaration, &c., to be 145 Personal Proper ', what to include in Ah- sessment Act 150 How asscHsed. — Sre AHHfSHini'nts, 4. Pits and Precijiices, By-Laws for reijulatinj; 109 Pleasure Groundu, how valued for assesH- ment 158 Police:— By-Laws for establishing and regulat- ing, &c 95 Police Offices in Cities and Towns 134 Who to preside in 134 Police Magistrate, for what jjlaces to be appointed 134 Salitry of Police Magistrate, and tenure of ofhce 135 Polico Magistrate to be Justice of the Peace ex officio 135 No other Justice to adjudicate where there is a Police Magistrate 135 Clerk of Police Office, and his duties ... 135 Police, Board of Commimioncrs of, in Cities: Of whom to be connjosed 139 Power to summon Witnesses 139 ?norum 139 o appfiint Policemen, &c., who shall be subject 140 To make Police llegulations 140 Council to approjjriate moneys for pay and expenses 140 To license Cabs, &c 141 To pass By-Laws respecting sale of Liquors. —{Hec Liquors) 20G By-Laws may nave penalties 216 Police Force, what it shall consist of 139 Members of, their oath and duties 140 Kemuneration and contingent expenses 140 Police Villages: — Trustees of continued 1 New, how constituted 2 Powers of, how exercised 2 Number of Trustees 20 Qualiiication of Trustees 21 Oualification of Electors in 23 lirst Election in— Returning Officer.. 25-26 Subsequent Elections in 26 Ajmointment of Inspecting Trustee 100 Pilling vacancies 101 Punishment for Trustees neglecting duties ^ 101 Trustees to sue for penalties 101 Limitation of prosecutions 101 Trustees to be Health Officers 101 Regulations to be enforced by Trustees respecting fires 102 Gunpowder— Nuisances lOo How roads may be sold in 120 Polls, time for keeping open^Form of Poll Book.— (-S'fc Elections) 27-28, 53 Poll Books, Writs of Election, punishment for utealing of 51 Poor J By-Laws for providing for relief of ... 79 Alioshouses, &c , 96 Pago Poor, ?;,v-/rtK'.i— Conti.iUed. May be sent to the House of Industry. . 143 Population. —^Vf Census 4,72 Population, salary of Police Magistrate ac- cording to 134-5 Posse Comitatus — Mayor may call out to enforce law 133 Pouiuh and Poiii>dkccpcrg : — By-I^aws for ajjpointing Poundkeepers. 71 By-Laws may be passed for providing Pounds 123 For restraining animals running at large 12-5 Appraising damages and compensation. 125 General j»ro visions, until varied by By-Law 126 Liability for damage done 126 What animals to be impounded 126 When the common pound is not safe . . . 126 Statement of demand to bo made to keeper 126 Fonn of agreement with keeper 120-7 Certain animals n)ay be retained in pos- session of complainant 127 If the owner known— if unknown, no- tice to Clerk 127 Duty of Clerk thereon 127 If the animal is worth ijilO or more 127 Notice of sale, and when sale may be niJide 127-8 If animal is not impounded, but de- tained 128 Keejier to feed impounded cattle, and recover cost 128 How costs may be recovered 128-9 Disputes as to "damages, how determined 129 Fence -Viewers' duty, penalty for ne- " gleet of 129 Proceedings where Fence- Viewers de- cide against legality of fence 130 liiability of keepers refusing to feed animal impounded 130 Recovery and enforcement of penalties, &c 130 Who may be Witness 130-131 Reward for taking persons guilty of horse-stealing 132 Powers of Corporations, how exercised 1 Precipices and Pits.— /Sec Pits 109 Prisoners, effect of separation of Counties on 15 Privy Vaults, By-Laws respecting 91, 94 Proceedings, general power to regulate 52 Professors in C!oi' • • ;s, &c., exempt from Municipal Ottices 22 Property, By-Laws for obtaining and dis- posal of 71 Word in Assessment Act to include real and personal 150 What liable, and what exempt from taxation. — See Assessment. Provincial Taxes, collection of.— ,Scc Assess* ment, 9-10. Provisional Corporations of Counties: — When to be erected lO-ll Of whom composed — iirst meeting- County Town 12-20 Who to preside until Warden chosen... 12 Provisional Officers — purchase of pro- perty ISI Vag6 [nduHtrv.. 143 "..4,72 strute ac- VM-5 ill out to 133 idkeepers. 71 provuling 125 inning at 125 [lensation. 125 y By-Law 12(5 12(} d 126 ot safe . . . 120 niadu to 126 er... 120-7 led in pos- 127 nown, no- 127 127 more 127 e may be 127-8 1, but de- 128 ;attle, and 128 128-!) etermined 129 ;y for ne- " 129 ewers de- uce 130 g to feed 130 penalties, 130 130-131 guilty of 132 •cised 1 109 iounties on 15 e 91,94 ulate 52 ;mpt from 22 c and dis- 71 iclude real 150 mpt from t. Sec. esi— lO-U meeting — 12-20 1 chosen... 12 je of pro- ...,-. w INDEX. XV Powers of Union not to be interfered wich 12 Debts and Assets of the Union ......... 12-13 Appointment of Judge, Sheriff, Clerk of tliB Peace, &c i;{ Registrar and Registry OtHces 13-14 When Junior Countj; may be separated 14 Venue or Placeof Trial after senaration 14 (^oui-ts to be held in County Town 15 Effect of separation as to prisoners, per- sons on bail, and gaol limits 15 When Councils and (Jfficers to be abso- lute i(j Effect of separation on By-Laws, debts, assessments, &,c ' 16-17 Debentures for debts to bind old liiid new Councils ig Assessment for year before dissolution!." 18 Collectors, their responsibility 47 By-Laws for crcatmg debts, &.c.—iiee By-Laws q2 Public Health, Members of Council to be officers of 73 By- 1 jaws to delegate powers 7;j By-Laws for providing for Clerk and his Salary 135 Recorder, Qualification of l;|4 Salary of , and ho w paid vij\ 134 To be Justice of the Peace ex officio. ... 135 To hold investigations under resolution of Council 136 Special powers for such purpose 136 May hold the City Division Court 137 When not to practice at the Bar 137 May appoint a deputy I37 Form of appointment I37 Governor may supersede dejjuty by another banister 138 Redemption of land sold for taxes, 188.— t Ft-rry 00 ContraetH I)V Menil)erH of CouncilH with, void (iO Jlttiirninti OSircvn :~ WhdHhall I)e 25. 2« Clt'rkH of (V)iinciln ex officio in certain c'iwc'M 26 Who to act if retuniinKottici'ralment... I'f'i ConHurvatiirH of the Peace '2ii May Hwear in Special ConHtablea 'iii See Elections. RetiirnH to Government by Clerks 4.'), 4;{, 44 If not made, nioneyK to be withhelil 45 To (ioveninient by Treasurer 45 To Parliament by Provincial Hecretai-y. 45 KewardH, Medals, &c., for i)erHon» distin- KiiishinK themselves at fires ((2 For persons taking Horse stealers IM Riots at Elections, proceedings in conse- f|uence of ;{1 Rivers, Docks, Harbours, &c.— By-Laws respecting 88, 8!) Revision of Assessment Rolls.— .SVf Assess- ments, 5. Bouih, BriiI(itK, Drainn, Water-rmn-gcH : — What shall constitute Highways 10.'? Highways vested in C-Vown 1 04 Jurisdiction of Municipalities 104 .1 urisdiction restricted as to Provincial Roads, &c 104 Jurisdiction and a8 to Ordnance Lands 104-5 What roads shall not be closed 105 Not to encroach on Houses, &c., with- out consent 105 Width of Roads 105 By-Laws affecting Public Roads, how passed 105, IOC To be published and parties heard 106 Disputes respecting Roads, swearing witnesses 106 Compensation for lands, taken for Roads, Drains, &c 106 Title to lands of parties who cannot convey 106 Where a party has a life interest only.. 107 Joint jurisdiction over certain roads. ., 107 Councils must concur in By-Law re- specting 107 Arbitration if they do not concur 107 Councils of Townships, Towns and In- coroorated villages. By-Laws respecting Statute labor 108 Councils of Townships, Counties, Cities, Towns and Incorporated villages, may pass By-Laws for Api)ointingRoadSurveyors,Com- missionei-s, &c 71 Opening or stopping up, &c., Roads, Streets 108 To raise money by toll 109 'fo regulable driving on bridges... 109 To make regulations as to Pits, &c., dangerous places 109 Road allowances for preserva- tion of Trees, Stone, &c 109 Road allowances, stopping up and aelliug of in certain ca8«s,„ 109 Pnsre. Bonth, Briihjet, itc — Continued. Crantini; privileges to roiwl or liridge Companies 109 Taking SttK-k or making loans to such 109 Granting right to take tolls 109 .'( Mchingforandtakingniaterials 110 V\ hen a U«m\ is substituted for an original allowance 110 Original allowance when legalliy possessed until By-Law |)asseil. Ill Notice of By-Laws for opening such allowances Ill Aiding adjoining Mnnicii)ality in making Ill Coinicils of I'nM-v^bii,. , Cities, Towns and Iiv 1 pomtoil villii;ie8,may i)ass By Laws For aiding Counties in making... Ill For aiding other Municipalities in iiame (.'ounty to make Ill Roads, streets, &e. , how far vested in Ill To be kejit in repair on i)ain of damages 112 Councils of Cities, Towns and Incorjio- rated Villages may pass By-Laws. For assessing property for local pavements, &c 112 Lighting, watering and 8weei)ing streets 112 Preventing obstructions in streets 112 Removal of door steps, &c 112 Marking lM)undarie8 of and nam- ing streets 112 Roads assumed l>y County Councils as County Roads .' 113 On the Boundaries of Townships.. ll.S, 114 On the Boundaries of Coimties 114, 115 Bridges over rivers being boimdaries.... 115 Roads assumed by County Council, to l>e macadamizetl 115 Foiiner jiowei-s of Justices of the Peace transferred to County with excep- tions 11.5, 116 Councils of Counties may pass By-Laws for Selling, stopping up, &c., of road allowances in certain cases 116 Preventing furious driving 110 Opening, &c. , roads, drains,water- courses within several Munici- palities 116 Protecting booms on rivers 116 Dirf(:ting trees to be cleared on each sid.M)f Road 116 Levying local rates for making Roads or Bridges in certain cases 117 Proceedings to obtain such By- Law 117 Aiding local MunicipaUties in making 117 Councils of Townships may paas By- Laws for Aiding Counties in mftkino' rnada &c.: r.. ..."..■; us Stopping up and selling Road aIlowaa««8 , llg INDEX. Pag*. in road or 109 ng loans to 1(M) ■ tdiirt \m iK'nintt-'iinlH 11(1 /Uteil for nil 110 lien li'Kivlly ,aw |)aHHc(l. Ill or opwiing Ill icijjality in Ill ;ieH, TowiiH H,niay iuwh imakint,'... Ill cipalitiuH in ,k« Ill iV far veHtetl Ill on ]>ain of 112 1(1 Incor])o- By-Law8. ty for local 112 A 8weei)in{f 112 nH in streets 112 ^,&c 112 f and nam- 112 /"oiincils as 113 ships.. ll.S, 114 ;ies 114,11.5 undaiies.... 11.5 mcil, to he 11.5 f the Peace vith excep- 11.5, 116 ss By-Laws fee, of road n cases lift iving lie 'ains,water- ral Munici- 110 ivers 116 cleared on 116 for making in certain 117 a such By- .. 117 ipahties in 117 y paas By- bkinc rnnrja Z. ..'....'.' 118 illing Road ZTii ^«arfi-Continuea. ^''^''■ Huch By-Law t»'be subject to certain coriiHti.iiis l\g Cutting down trees on eacli sidii of Road, exception 118 Purchasing wet Landc from Gov- ernmontin 'J'ownship 119 Raising money to pay for and drain such lands nj) Disposin r of said land and pro- ceed ( u<) Sale of Mineral rights under roads 11!» r oot paths, setting apart so much of Road for ng Helling Roads in Viliages'o'r Han\'etN. ill certain cases.. 119,120 When Village is partly in two lowTiships 120 Registration of By-Laws foropenl ing Roads on Private property. 120 See drainage, hue fences and driving. Road, &c„ Companies, taking stock in, &c. 100 p^„ , ,, . , " granting privileges to 109 itoad Commissioners, appointment of 71 itoad Surveyors, appointment of 71 Salaries of Officers 4^^ 72 Sale of meat, grain, vegetables, Fodder! &c.. ' regulating of ' '' (^ Soles of Lands for Taxes.— Affc assessments. ' 9 As to deeds under former Acts.... 18;? 188 Schoo s and School houses. .SVe J<;ducatioi, ' Schools, Grammar, By-Laws for aidiu"- Pupils and " gj For purchasing land for....'.".'.'."!!".' 86 School masters exempted from municipal omces 22 SeUing in Streets, &c!. !!!!!!.'!!!.'."."! m «)o Seniority of Counties or Townships united" 10 11 Separate improvements.— See L cal im- provements 87 gg no 117 Separation of Counties.-See P^vi8ional Corporations. Separation of Townships. -See Townships. Of lowns from Counties.— Sec Towns Sewers, sewerage, &c.—See Drainage. . 94 Shee^ protection of, from dogs.-, Vec Dogs! Sheriff, When to be appointed for Junior County j3 How to levy executions ag'ainst iviunici! . pal Corporations (ji Sheriff and Coroner, duties enforcing taxes! —See Assessment, 10, Shop and Tavern Licenses. Shows.— &e Exhibitions. Side walks in Townships 119 In Cities, Towns and Villages, "for pre- venting riding on 91 By-Laws for removal of ice, dirt, snow &c., from ' 93 Sign-Boards, Notices, By-Laws for prevent! inginjuryto yg Sinking fund for Municipal utyof overseeiM f Highways.... 236. 239 I roviso as to land sown with grain and non-re.sidentland 2.37 Clerks, to warn Station Masters of Rail! ways, to cut down 237 Penalty on Station Masters if they refuse or neglect 237 A. count of expenses to be kept by over! seer -non-payment 237 1 roviso for appeal, how expenses collect- 'reventing the growth 157 ed. 238 r; s, cclkir,, Uilvy yauli;;, &c., By-LitwS for regulating, &c 91 Slaughter Houges, iBy-Laws for preventing ' orregulfttiog 2 94 91 Penalty on sale of any seed mixed with Ihistleseod 2,38 Penalty on overseer neglecting "diity recovery of Penalties \ 238 Municipal Corporations to authorize the o.arrvitiff o"*' "* ^"* n«n;».„4. 0'>q in Voting.— Casting vote, &c. 28, 30. 33,40, 41, 88.-See" Votes." ' ' Axties to li! ' ! taken from parties unable to "o^vvj 106-107 Ties xvm INDEX. Toll*, By-Tiawg for iiniKming on llnads or Patfo. IJri.U Ken. 100 To authorize pttrtieH to imiM)8e lO'J Town* ; — Erection of, into Citieit, anil of VillogoH into 4-S I)oi)tH andofflcem to continue 7 Conilition» and effect of. Existing By- Laws S-O DiviHioii into wanla anil attocliing Land to Witlidrawal of Towns from .JuriHdio- tion of (Jounty 7-8 Separated from County may i)aHs By- ^ Laws tW-WS To be (!ountit'H for certain purponea I'M As to Court HouHCH and (iaolH 141 May erect l^louae of Inilimtry 143 (..'ompensivtion for Gaol, wliun may berevirted 141 See By Lawn 7, a, b, c, e, h, i, k, 1, m, n. Townships : — Erection of now and separation of United 9 Annexation of (iores ...._. 10 Annexation of to others.— Seniority.... 10 Effect of separation of Union of, on By-TjawH, debts, rates, &c 16, 17, 18 For what purpo.sea may pa.Hs By-Laws. See By-Laws, 7, a, b, c, d, e, f, g. Sec Drainajje. May be aided by or aid Counties in making roads 117, 118 Purchasing of wet lands, and selling the same 118 Boundaries, Roads on IW Transient Traders, By-Laws for regulating 94 Travellers, By-Laws to prevent importuning 91 Treasurer.- /S'ce Chamberlain and 45 Trees, By-Laws preventing injury to orna- Pieservavlon of, on roads .■ 109 mental or shade 76 On each side of a road may be cut down — exception 116, 118 Provision when thrown across a line fence Wl Trustees of Police Villages, number and qualificition of 20-21 Appointing? Inspecting Trustee— filling vacancies 100-101 To appoint Upturning Officer. 26 Penalty of breach of duty by 101 To sue for penalties 101 To be Health Officers 101 What regulations they shall enforce 102-103 Trustees and other liepresjntaives, how assessed 161 United Counties, By-Laws for separate im- Wjrovements 87 hat Reeves and Deputies shall vote. -tie 87-88 Provisions for repayment to apply 88 Property in County interested alone to be assessed 88 Debentures may be issued 88 Separation of, — Ste Provisional Corpor- ations. Seniority of— laws applicable to 11 Venue, how laid U UniverMity, encouragement of pupila— Ful lownhiiiM, Ac 87 Unoccupied LamlH.— A!f« AHseHMments, 9. Unpatfiited LandM, *^hun liable for taxei. . ISiJ What only shall \><- sohl, when the fee Ih ill the <'ii)wu 180 Unwhok'Mome ProviHioiiB, By-Laws for de- stroying _ 90 Up[)er Cuniwla Municipalities Fund.— (A>« Investments) 77 Vacant Lots, By-Laws for enclosing 91 Adjacent to market, preventing sole of meat, &c.,on 89-90 Vacant ground in (Cities, Town* and Vil- lages, how valued for taxes 188 Vacancies, how filled in Councils 34, 42 Vttcatiim of Seats In Councils. —(ii'ee Resig- nation) '-^t 42 Vagrants, By-laws for restraining and pun- ishing 85 May be sent to House of Industry, itc. 143 ValuatiOT, how appointed, and their duties 48,71 Duties under Assessment Act 170 Valuation of Lands not assessed, how to be performed 182 Value, actual, assessment based on, and not on yearly 153 Vtthiclis for regulating, used in market Vending 90 Public, By-laws regulating 91, 140 See Driving or Riding 219 Venue, how laid in United Counties 11 After separation 14 Vessels, Licenses for.— See Liquors 200 VictuaUing Houses, By-laws respecting 74 License for 74 Villages and Hamlets, when Township may sell road allowances 119 Villages.- Sec Incorporated Villages and Police Villages. When to become incorporated 2-3 Effect of separating from a Township on the By-laws, debts, rates, &cl6-17-18 Voters. — See Electors. Votes, equality of, at Elections, Clerk to give casting 33, 28, 30 For Warden, who to have casting vote 40 For local improvements in United Counties 88 In Councils, question to be deemed negatived 42 Walls, party. By-laws respecting 93 Warden, Election of, and Provisional 40, 12 Duty of, as to sales of lands for taxes 183 Wards, new Division of, in Cities and Towns Water, By-laws resi)ecting the protecting and regulating Public Wells 89 Water Companies.— See Gas and Water. Water-Courses. —See Streams. Weeds, By-laws for preventing 70 Weeds. — See Thistles. Weighing and Measuring Articles, By-laws for 90 INDEX. Xb H)ila-F«l 87 or taxei. . 183 II Chu ftio id 180 WM for de- 90 'und.— (A>« 77 *\ng 91 liw Holu of 89-90 ti and Vil- 1 158 34,42 (Hee ReHiK- ;i4, 42 u and pun- , 85 ihmtry, &c. 143 leii- dutifH 48,71 3t 170 , how to bo 182 :)u, and not 153 in market 90 91,140 219 ities 11 14 ors 200 pecting 74 74 vnship may 119 illageB and ed 2-3 ), Township ates, &C16-17-18 '/lerk to give 33,28,30 lio to have 40 vemeuts in ea 88 istion to be ved 42 g 93 donal 40, 12 f landa for 183 Cities and 3 protecting ills 89 1 Water. 70 les. By-laws 90 Weii/litt and Aleamiret: — Pftgi'. Uydiiw for apfK»inting TnupcctorH, and their powiTH 84, 22<»-230 Pcnaltief for using unstamped or unjiiMt 84 Standard to remain in cuHtody of Pro- vincial Secretary.,. 229 rrovincial Secretary' to fiirniMh Munici- pality with StandimJH 229 luHpector to continue in office until re- moved by Council 2;}0 Standard to be d»rpoHited with Senior liihpector 2.'W • ()ath to bo taken by Inspector 230 FecN of InH))cctor 231 DutieH of Inspector ,. 2;i() 231 What shall bo etpial to Winchester ,, Biishel 231, 2.V. ( ertam contracts not affe^-ted 231, 230 Bushel to be regtdated by weight, not measure 231 Penalty, if weight is not stamped with- in a certain time 231 Inspectors jnay enter shops, &c., anil examine 231 Forfeiture of false or unstamped ......... 232 Penalty for false steelyards 232 iVo i)enalty to be incuireil within a cer- tain time 232 How penalties recoverable and applied. 232 Punishment of persons forging stamiw.. 232 Punishment of persons selling with a counterfeit stamp 233 Penalty if Inspector, without due exa- mination, stamps 233 Facta Wei'iifit* tiiid Menmmt- Continued. ' Standards to i»e delivered to Huccesflor — reme.jy, if not Act to bo governed by 22 V., c. 21, Con. Stat. Canatla A))peals "'"' Wliat shall be a "hundred weigjit" and "ton" Laws in force to appjy to hundred weight and ton Effect of Act on contracts what a minot shall l»e 235 WetLaiidn, i)iacliii8e of, by Townsiiiijs!.'.'.'!! 118 IJaising money for purpose of improving 119 Disposing of such lands, and proceeds of sale Withdiawal of a Town from the jiiiisdiction of Countv. -,SVp "Town" Wharves, Docks, Harbours, &c., By-lawd respecting.... sg.gg Witnesses in suits for i)enaltieH 130-131 Memijcrs and Officers of t'ouncils com- l)etent j-jg romiielling to attend ....■■.■■.'.'.'.■.■.'.■.■.'.■."133, l«i3 Wooden Buildings, Fences, &c.. By-laws for regulating, &c 95 Work-HoiiKCK or Jfoimcn of Correction .•— Councils of (Jities or Towns may esta- blish 144 iir .^^'''\''*''''''*"'""'""'""'t'''l thereto,'!"'. 144 Writs of Election, Poll Books, &,c., punish- ment for stealing, &c 6] Yearly estimates for Ta.xes to be made by Councils ^^ J54 233 2;w 233 234 234 119 7-8