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Hiotographic

Sdences

Corporation

33 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) B72-4S03

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1 2 3

ONTARIO

MUNICIPAL LAW

CONSOLIDATED, CONDHNSED, CLASSIFIED,

TOdKTHEK WITH THE

PARLIAMENTARY RULES OF ORDER

THE LAWS GOVERNING DEBATE

IN THE

COUNCIL CHAMBER AND THE LODGE.

Price, ^i.^o

PL'IU.ISHED I3Y

W. H. ANGER, B.A.

Editor and Publisher of "Be Your Own Lawyer."

1899

NOTICE TO PURCHASERS.

k**;

TF purchiifspi's oi" tliis xoluint;, who (k'ein tlie t'nllowin^' iiroxision.s
to lie of value to thciii, will I'orward their names an<l Post-
office aiMress to the Pulilishei', wliose name stands on the title
imf^e, to l)e entinxMl in a ref^'istcr, they' may obtain", for 'the small fee
•1)1' ten cents each year, (jne week after the close of the Ontai'io
Legislature, a nrinted sheet nivinj;' the new lej^'islation and what-
«'ver amendmi'iits may ha\e been made att'ectinji' any section in
the book: also, any other important point that a careful revision
•duriui^- the year is found to be omitted oi- not state' with sufficient

clearness or fulness.

As ao-ents have no financial interest in forwardin"' names of
j)urchaser.' foi- registration, subscribers theniselves niust send theii-
names if they wi ,li them to be entered. A jiost-card notice will
ibe sufficient. Registei'cd subscribers will be advised when new
■editions of t\e work are issued, and Uiay procure the same at
ii special price direct from the office of pul>lication.

5303

PREFACE.

'T'HIS volume is oivoii to tlie ])ublic, not as a Icgiil liaiulljook fcjr the
■*■ pi'ol'ession, Imt lathcr as a carofully pivparod digest of tliose
inii'tions of tlie Municipal Laws of Ontario that are of special interest to
the general public.

The Nulue of such a work ilepeutl.s, of course, uj)on its accuracy, and
the publisher trusts that in tiiis respect a satisfactory result has been
attained.

Although not anticipating freedom from criticism, the hope is cherished
tiiat its convenient form plainness of language and general classification
(if matter will meet with the approval of those who, through private
interest ov public duty, de.iire a fuller knowledge of our nnuiicipal institu-
tions, a b.'tter aciiuaintance with the marvellous machiner}' devi.sed for the
management of our local affairs, and a more critical ki owledge of those
<lomestic laws with which every individual in the connniuiity is so immedi-
ately concerned.

The copious index at the end of the book will be found a very import-
ant part of this volume to those who may use it largely as a book of
reference.

The second i)art of the work embodies a summary' of the Parliamentary
llules of Order, or the Laws ( lovei-ning ])ebate adopted b}' tlie Canadian
House of C'onunons and the Ontario Legislatiu'e, which are applicable to
the council chamber, tlie convention and the lodge. A critical knowledge
of the laws and usages governing deliberative and legislative assemblies id
u .source of pleasure to all who Lake an active ))art in their proceedings;
but efjpecially desirable to thc^se who ai'e called ui)on to preside, it may
l)e found necessary to enlai'ge this part of the w'ork in subsequent editions.

The publisher wishes to acknowledge his indebtedness to the Parlia-
mentary Library for the use of the Sessional I'apers, Debates and Journals
of the Hou.se, to C'usliiag's JIanual, and to the Procedure of Public 3leet-
ings, by J. G. P)Ourinot, in arranging the matter contained in the latter
portion of this work.

TlIK PciU.ISllEI!.

CONTENTS.

(INDEX AT BACK.)

ACCOINTS AND INVESTMENTS

ADMINISTRATION <)l"' .USTICK

AHIUTRATION

ASSESSMENT

ASSESSOR

AIDITORS . .

HY-LA\VS

HV-LAWS CREATINE DKHTS

COLLECTORS

COUNTY COCNCIL ELECTIOISS

COURT OF REVISION ..

COURT-HOUSES AND GAOLS
CONTROVERTED ELECTIONS

DEBENTURES

DITCHES AND WATERCOURSES

DOGS AND SHEEP

EXEMPTIONS FROM TAXATR)N ..

• HKiHWAYS AND BRIDGES

INDUSTRIAL FARMS

JURISDICTION OF COUNCILS

LINE FENCES

LIQUOR LICENSES

LOCAL IMPROVEMENTS

MUNICIPAL CORPORATIONS

MUNICIPAL COUNCILS

MUNICIPAL ELECTIONS . .

MUNICIPAL OFFICERS

NOMINATIONS OF MUNICIPAL COUNCILS

PARLIAMENTARY RULES OF ORDER AND DEBATE
POLICE VILLAGES

POUNDS

POWERS OF C(JUNCILS
SHOP REGULATIONS ..

TAX SALES

VOTERS' LIST

rAiiic
70
7ft
79
45
47
40
58
04
161 .

L'O
51
8(')
8'2
73

151
45
125
89
74
144
, 153
. lll>
5
9

1»

3ft

. . 170

. . 1(J7

. . 148

.. 114

.. 162

MUNICIPAL LAW.

Ml^XIC'lPAL CORPORATIONS.

I. Incorporation- In iill municipalities tlie inhahUants constitute
tlu' hodif rorpuvafe, or, as it is usually callod, the corporation, and the
Council elected i'roin time to time, as repi'esentatives of the people, exercise
the powers vested in the corporation.

'i- Municipal Corporations in Ontario are divided into counties,
cities, towns, townships and villages, together with unincorporated villages
and pro\isional corporations.

The Municipal Act confers upon each of these corporate bodies large
legislative powers, specifically defining the scope of such powers, the nature
and extent of their liabilities in case the corporation by any illegal act or
neglect cause injury to )n-ivate interests or to adjoining miuiicijialities.

li. When Incorporation goes Into Effect. In case of the incor-
l)oration of a new township, oi- luiion of townships: or of the separation of
a Junior township from a luiion of townships : or the erection of a locality
into an incorporated village, or the erection of a village into a town, or of
a town into a city : or of an additional tract of land being added to an
incorporated village, town or city; or in case of a new division of wards of
a town or city, the change does not go into eflTect until after the first
election which takes place under the proclamation or by-law by which the
change was effected. The first election shall take place on the first Mon-
day in January next, after the end of three months from the date of the
proclamation, or from the passing of the by-law, as the case may be, by
wliich the change is made.

4. Incorporation of Villages. A village having a population of 750
inhabitants may become incorporated by petition to the Council of the
county in which it is situated, signed by one hundred resident ratepayers
of twenty-one years of age or upwards, one-lialf of wliom must be free-
holders.

» The village must not occupy more than five hundred acres, unless the
population exceeds one thousand. Two hundred acres may be added for
each additional one thousand of inhabitants.

If the village lies within one mile of a city of one hmidred thousand
inhabitants the petition must be signed by not less than two-thirds of the
freeholders and householders ; one-half of whom must be freeholders, and
also resident in the locality for four months next preceding.

MlNIC'Il'AI, LAW.

ll.'S

The

.V Filing the Petition. Tin- iM'titiDii t'oi' iiicoriini-atioii imist lie Hltil
■with the ( "Icrk nl' the ('(Hiiity oiii,' iiiDiitli Ix't'orf tlic iiH'otiii;;' ol' tlic Ct»iiiity
Council. Notice of the iij)|ilicatioii I'or iiicorpoi'iitioii must 1)L' <;i\('M two
inontlis hoi'oi'o tlic lufctiiii,^ of .suiil (.'o'nicil by |)ul)liciitioM t'oi' two consecu-
tive wcc1\h in .some Mcwspapci- witliin or nearest to tlic locality seeking'
incorporation.

ii. Village Formed from Two Counties. In case the vil]aj;t
within two or more countii's, apjilication must he madt; to each,
councils .shall annex it to onebl' the counties.

ir witiiin six months al'tcr the petitions for incorporation an
.sontctl the councils do not a;;i'ee to which county the villaj;e shall l)e
annexed, the wardens of the counties shall memorialize the Lieviteiiant-
Govei'nor in Council, statin^' the <fr(anids of diti'erence hetwcen the councils,
and thereupon the J^ieutenant-Covernor may, h}' pi'ociamation, annex the
village to one of the counties.

In case the wardens fail to do ,so within one month after the expira-
tion of the said six months, then one hundred of the freeholders and resi-
dent tenants on the Census List may petition the Lieutenant-Ciovernor to
settle the matter, and thus have the village annexod to one of tiie counties.

The councils of the respective counties and the village sliall agree as
to the amount, if any, of the county lial)ilities to lie boi'iie l)y the locality
to be detached, and if the councils do not agree within three months the
matter nmst be settled by arbitration.

1. Incorporation of Towns. A village having a population of two
thousand inhabitants may liecome a town by means of the following
proceedings and conditions :

1. A census may Ite taken at any time under the authority of a
by-law of the Village Council.

2. Notice of the intention of the Council to apply to the Lieutenant-
Governor in Council for the erection of a village into a town, stating the
limits intended to be includeil therein, nuist be given for tiu'ce niontiis,
after the census returns, by insertion in some newspaper ptd)lish(.>(l in the
village. If no new.spaper is ])ublished therein, then the Council must for
three months post up a notice in four of the most public places in the
village and in.sert the same in a newspaper published in the county town,
and if no newspaper is published in the county town, then in a news-
paper published nearest to said village.

. 3. The census returns nuist be certiticd to under the signature of the
head of the Council and bearing the corporate seal, also proofs of tiic'
publication of the notice of incorporation as aforesaid, all of which nmst
accomjiany the a|)plication to' the Lieutenant-Governor in Council for
incorporation. Then the Lieutenant-Governor, by proclamation, may enct
the village into a town under the name given thereto in the proclamation.

8. Incorporation of Cities. A town iuiving a population of over
fifteen thousand inhabitants may be erected into a city by following the
same procedure as given in jjreceding section for the incorporation of a,
town.

Ml'XICN'AL LAW.

hrs
The

if a

over

The town beiuj;' mooted into ii city simll pay to the county of vvhicli
it forms a part, siicii portion, if any, of the ih'btH of the county aw iw jiiht:
or afrroe as to tiu^ amount to t)t,' ])aiil with interest from tiie time of the
erection of tiie new city. In case of disfiereenient, the same shull bo
'letermined liy arliitration, and upon tlic (.'ouncil ))rovin^f totiie liieutciant-'
(lovernor in Council tlie payment, a<frcement or arbitration, the Lientjjnant-
< iovenior may, l)y [)roclamation, erect the town into a city l)y the name
;j;iven in the jiroclamation.

ii. Area of Corporation- An incorporatnl viliaev, the p(/pnl!itii)n of
which ihies lint exceed one th(jusand, nnist not contain nujre tlian five
iuindi'e(l iicres of hind.

A town or \ illaee, the poj)uiation of wliich exceeds one thousfind, can
(jiUy increase its area in the proportion of two liundred acres to eacii addi-
tional out; tliousand inhabitants.

10. Addition to Village Boundaries. The l)oundaries of an incor-
porated village may ije enlar;;ed Ijy piitition to the Jjieutenant-Ciovernor in
Council. But they catuiot be oidarged unles,s the po})ulation, includiufr the
area to be ainiexed, etpials wdiat would be rerpiired for iui^orporation at
first. In recl<onin<r the population and area for the pnrpo.ses of extension
the land occupieil liy .streets and public S(|uares may be excluded in esti-
mating the area of the town or \illa<;e.

11. Extension of City or Town. In case two-thirds of tlie mcmboi-s
of tl\e Council of a city or town do, in Council, before the l.)th day of July
in any year, pass a resolution atiii'inini;' tiie expediency of the a<ldition to
the limits of the corporation, the Lieutenant-Governor in Council may, by
proclamation, and on such terms as to taxation, assessment, improvements
etc., as to him seems eijui able and the Council of the city or town may
consent to, add to the coi pijration any part of the adjacent township or
townships that is con.sidered desiral)le.

Where the land so attached to the city or town formi.'rly belc,.iged to
another county, it will in future belone- to the .same county as the rest ot'
the city or town.

I'i. Annexation of Villages or Towns, 'ncase the Council of any
villajfe or town pass a resolution faxorino; tlie an exation of said villaee or
town to an adjacent village, town, or city, and whicii is appnned hy a
majority of the freeholders and leaseholders, whose lease extends over tf
period of not less than five years from the date when the vote is taken,
ami in case the .Municipal Council of the villaj^'e, town or city to which it is
to be annoxt'd passes a similar resolution, the Lieutenant-Covernor iii
Council may, by proclamation, annex the one municipality to the other
upon such terms as may ha\e been ai;ree<l upon or awarded.

In case the population admits, the Lieutenant-Governor may, by the
.same proclamation, erect the village into a town, or the town into a city,
as the case may be, by a name given thereto, and may also divide or
re-divide the same into wards.

« MrMCIl'AI- [.AW.

i:(. Petitioning for Annexation. II'm |)ftitioii, siyiifd li.y l.')() duly
i|iiiiliticil nmiiiciiiiil clcetor.s of any town or villiii^n' i,s pi'('sciit<!<l to tim
CJomic'il of .siicli town or villa;,'!', a.skiu^f that a by-law be siibiiiittoil for tho
Jiiiiifxatioii of such town or village to an ailjact'iit villa^^'c, town or cit}',
ritlicr inicoinlitiMnally or u|)on tcrni.s .scl out in sai<i petition, tho Council
shall fordiwith i)n'|)iiiv' a liy-law in acconlance wiwi the prayer of the
petition, and sul)niit tho same to the electors for approval within four
weeks after the receipt of the petition. Such by-law, if approved l)y the
<'lectors, must within one month thei-eafter be adopted iiy (,'ouncil.

'I'lie Council of such adjacent villaife, town or city may, by resolution,
assent to annexation. The annexation may then bo carried into etibct by
|)roclamation of the Iiientenant-(Io\-ernor in Council.

14. Village Becoming Unincorporated. In case an incorporated
xilia^e desires to become unincorporated and the Villain- Council passes a
lesohition by a two-thinis vote in favor of unincor[ioi'ation, which also
receives the assent of the electors entitled to vote, tho Lieutenant-Ciovornor
in Council may, by ](roelamation, annul the iiicoi'porati<ai ami ainiex the
tei'ritory to one or more of the adjoining,'" nnudcipalities, providinjj such
muniei])alities pais resolutions ap])rovine' the same. ])ebts and assets
jnu-t be arranged as agreed upon by the vaiious municipalities intoreste(l,
or determini'd liy arbitration.

1.%. Reducing Areas of Corporation. Tlie County Council of any
<'ounty or union of counties, upon the petition of any villa^'o or town not
separated fnan tho county, haviuf; a po])ulation by tho last nuuiicipal
eninnei'ation n(jt exceeding two thousand, and whoso outstanding obliijfa-
tions and debts do not exceed iloul)le tin- net amount of the last yearly-
rate levied an<l collected therein, may in their discreti(jii, by by-law, reduce
tho area of the villa^'e or town by excluding therefrom lands used wholly
f(a' farndni:' ])urposes, and such lands shall bec(aiie part of tho township cr
townships designated in the l)y-law.

I<». Number of Wards. No town or city nuist have less tiian three
wards, and no ward less than five hundre<l inhaliitants. In case two-thirds
<if the Council in Coiuicil a.ssembled liefore the loth dayof .Iidy in any year
])ass a resolution foi' a new division of wards, or additional territory to be
includeil in the corporation, ap])Iication may be niailo to the Lioutonant-
(jrovernor in Council for the .same, upcai .such conditions as to taxation, or
otherwi.se, as the Ijieutenant-Goveruor in Council may a,s.sent to.

If the new tract of land .so attached to a town bolonj^red previously to
anothei' county, it will in future for all purpo.ses belong to the same comity
as the rest of the town.

II. Town Withdrawing from County. A town may withdraw
from the jurisdiction of a comity with which it is connected by the passinjf
of a by-law to that efi'oct by the Ctmncil of tho town, and which receives
till' sanction of the electors.

The amount to be paid by the town to the county for the expense of
the admini.stration of justice, use of the jraol, erection and maintenance of
the registry office, etc., if not agreed upon, shall be doterniined by arbi-
tration.

I i\

MrMC'll'AI, LAW

III luIjuHtiiij,' tliis Hwnrd tlu' iirl)itrat()r.s sliiill consider, (iiii<iii<,' otluT
tiling's, tlic luiiouiit ]»r>'vi()ii.sly ]mu\ liy I lie town, or for wliicli tlir town is
still li)il)lc to pay, tor tin' CMiiistniction of ro;iils iiipl l)i'iil;;('s oi' tlic county
outsidi' tilt' town limits: nnd wliut tlir county hns paiil, or is still liiihlc to
IKiy, for tlic construction of roads mid liridn'cs witliiii the limits ol' tin-
town : also all the interest the town has in county projierty outside the
town limits.

A co|)y oi' the a;;re('iiient or award heiii;;' duly \eritied liy atlidavit
shall he transmitted to the Lieuteiiant-tiovernor, who may issue his j)ro-
claiiiation withdrawin;;' the town from the jurisdiction of the canty.

MV I the |iroclamatioii has heeii is.sued tln^ ot'ii'cs of liee\-e and
Deputy l!ee\e of the towii shall ci-ase, and no future liy law of the county
shall have any force in the town except as to care of court- house ami <.;aol
and other county property in the tow n, and tin." town shall not he liahle for
any of till' county delits except the sums ai,n'eed upon or awarded hy the
arbitrators. All the cuuiity property in the town, except roails and 'I'idj^es,
remains county jiroperty.

IK. New Agreement After Five Years. After the lapse of five
years from the time of the separation, or sooner if stateil in the a;freement,
a iicsv arran^icmeiit or a new award may lie maile tixinj^' the amount to lie
paid to the county as its cijuitable share of oxpensea of administration of
justice, etc.

I!>. Town Re-uniting with County. 'I'he Council of a town which
his withdiawn from the county may, after five years from the time of
withdrawal, pass a bydaw to be assented to by the electors to reunite with
the county.

The bydaw has no elfect unless ratified ami confirmed within six
months after the passing thereof liy the Council of the county, or union of
counties, from which the t<iwn had previously withdrawn.

Jiofore the bydaw is contirmed by the C'ounty Council the councils of
the town and county shall determine, either by n<freement or by arbitration,
the amounts of the debts of the town and county, respectively, to be borne
by the county after the re-union and by the town over and above other
county rates, and such other terms and conditions as may be deemed ju.st.
If the respective councils cannot come to an ai;Teenient within tliree
months after the passa;;e of the bydaw by the town the matter shall be
.settled by arbitration.

MrMCIPAI. COUNCILS.

JiO. Qualification. The (|ualiticatioiis retiuired for mayor, alderman,
reeve, deputy-reeve, or councillor of aiij^ local municipality are:

1. Residence within the municipality, or within two miles thereof.

2. Must be a natural b.ini, or naturalized subject of Her Majesty.

3. A male, and of the full aj^e of 21 years, and not disipialitied under
the Act.

4. And who has, or who.se wife has, at the time of the election, as

mi:ntcipal law.

! I

owner or tuimut, property assessed on tlie last revised Assessment Roll of
the unniicipality, over and above all eneumhranees, to the amount of:

(1) In villao-es— Freehold to i-'iOO, or leasehoM to 8400

(2) 111 towns- " '■ (JOG, " " 1,200
. ' (;i) Incitu's- " " 1,000, " " 2.000

(4) In townships— " " 400, " " NOO

And in Muskoka, Parry Sound, Nipissing, Al^onia, Thunder Bay,
Manitoulin, Rainy River and Halihurton:

(5) In townshi])s and \'illa<^es — Freehold to !5lOO, (jr leasehoM to

8200.
(G) In towns— Freeliold to 8400, oi- leasehold to ??80().

II', at the time of election, the party is in aetual occupation of freehold
rated either in his own name or that ol Itis wife on the last revised Assess-
ment Roll at the value of i52,O00, he is entitled to be elected without regard
to any liens or eiicund)rances on the property.

No per.son otlierwise properly (|ualifieil shall be deemed to be disi|Uali-
fied on account of the sale of the property, or the expiration of the lease
between the return of the Assessment Roll and the election, providing he
still resides within the municipality, and who lias, either in his own or
wife's name, freehohl or leasehold suthcient to (pialify him, as previously
mentioned.

In such case the declaration of (|ualiHcation will be varie(l by striking
out all the words after the word "occupation " in tlie thirteenth line of
Sub-section 2, and inserting in lieu thereof, " And I had such an estate.
actually rated on the la.st revised Assessment Roll of this municipality;
(naming it) at an amount not less that 82,000."

'it- Disqualification. The persons dis<(ualitied from Ixing members
of councils are: Judges of courts of ci\il jurisdiction, gaoler or keeper of
a house of correction, sheritf, deputy sherirt', sheriff's bailiM', high bailitt' or'
chief constable of a city oi' town, assessor, C(jllector, treasurer or clerk of
any municipality, bailitt'of a division court, county ci'ow n attorney, regis-
trar, dejmty clerk of (lie crown, clerk of the county court, clerk of the
peace, or high school trustee, innkeeper or saloon-keepi'r or shopkeeper
licensed to sell .spirituous li(|uors by retail, license commi.ssioners or iii.spec-
toi of licenses, jMilici' magistrate and no jjerson having, by himself or hi.s
partner, an interest in any contract v.'ith the corporation, or ha\ing a
contract for the supply of goods or materials to a contractor for work for
wliich the corporation pays, or lialiie directly or indirectly to ])ay. or
which is subject to the control of the Council, or who has an unsatistied
claim for .srch goods or materials; and no person who, either, by him.self or

iroim'

anotl

ler, lias an

y cli

lim, action or pnjcecding against the municipal-
ity: and no person who is counsel or solicitor, either by himself or through
another, in the ])ros<'cution of any claim or action again.st the municipality,^
shall be (|ualitied to be a member of the Council of any muiiici[)al
corporatitni.

E.XCEPTIONS. — A pensoii is not distjualitied on account of being a
shareholder in an incorporated company having contracts with the corpora-
tion, or one having a lease of twenty-one years of corporation property,

MUNICIPAL LAW.

or by reason of his property Iiavino; l)i'on exempted from taxation, if he lias
sufficient other property liable to taxation in the nnniicipality to ([ualify
him for the office.

'Z'i- Exemptions. All persons over sixty years of a<fe, members and
officers of the Ontario Leijjislature, Dominion Senate or House of Connnons,
persons in the civil service, judjifes (not (]is(|uaiitieil by Section 21),
coroners, priests, cler<.fymen, ministers, members of the l^aw Society,
whether barristers or students or solicitors in actual practice, officers of
courts of justice, members of the medical profession, professors, masters,
teachers and members of any Ontario university, collegi", or school, and
officers and servants thrreof, millers and firemen are exempt from being
elected as mendjers of the Council or appointed to any other municipal
office.

'Zli. City Councils shall consist of the mayor, who is the head thereof,
anil three aldermen for each ward, uidess varied by special legislation.
For (|ualification, see Section 20. '

By an amendment of \H\)7 it is provided that cities having a popula-
tion of not more than 15,000, may, by by-law, decide that the said
Council shall consist of a mayor and one alderman for each one thou.sand
inhabitants, to bi- elected by a general vote. Such by-law must ha\ o the
assent of a majority of the electors voting thereon, unless a vote of the
electors has within one year been taken substantial!} or; the .same (|uestion,
in which case it woii'd not be necessary to submit the bj'-law, unless the
Council determined otherwi.se.

*i4- Town Councils shall consi.st of the Mayor, who shall be the head
thereof, and three aldermen for each wai'd where there are less than five
wards, or two foi- each ward if thei'e are five or more wards.

If the town has not withdrawn from the county then a reeve shall be
adiled, and if the town had on the last revis<d Voters' List five hundred
persons entitled to vote at nuiniri])al electiims, then a deputy reeve shall
beailded,and for (!very additional tive hundred names an additional deputy
reeve shall be added.

The Council of every town where there are less than tive wards may,
upon a petition of one hundred nnuiicipal electors, pass a bj'-law reducing
tlu^ nund)er of councillors for each ward to two. The by-law must I'eeeive
the assent of the electors.

After two annual municipal elections have been held the Council may,
upon ])etition of one hundred resident nnuiicipal electors, pass and submit
a by-law for the i-epeal of the by-law which reduced the number of
councillors for each ward to two.

By an amendment of 1(S!)(S it is provided that the Council of towns
having a population of not more than 5,000 inhaliitants, shall consist of a
mayor and six councillors, to be elected by a general vote.

After two annual eluetions have been held, the Council, upon a petition
of twenty per cent, of the electors, shall, at the time of holding the annual
elections, submit a by-law for rlividing the town into wards, which having,
received the as9(!ut of a majority of the electors voting, one councillor shall

I fi:

MUNICIPAL LAW

thereafter, as long as the by-law remains in force, be elected for each ward,
and the balance to make up the whole number of six by general vote. libl^S
Towns having a population of over five thousand may pass by-laws
l)r<.'v-iiling that said Council consi^st of a mayor and one councillor for each one
thousand inhabitants, to be elected by a general vote. Such by-law must
first have the assent of the electors qualified to vote at municipal elections.

!4.1». Village Councils shall consist of a reeve, wIkj shall lie the head
thereof, and four councillors, who shall be elected by a general vote.
For qualifications see Section 20.

*Hi. Township Councils shall consist of a reeve, who .shall be the
head thereof, and four councillors, who shall be elected by a ^^'lenil vote.
For qualifications see Section 20.

'47- County Councils shall be composed as follows:

1. If the population of tin.' county is twent^'-five thousand or le.ss,
there shall not be less than four nor more than fixe Council <livisions,
represented by not less than eight nor more than ten members.

2. If the population is more than twent3'-tive thousand, but less
than forty tiiousand, then not less than five nor more than six divisions,
with not less than ten nor more than twelve members.

3. If population is forty thousand but less than sixty thousand,
then not le.ss than si.K noi- more than seven divisions, with not less than
twelve uor more than fourteen members.

4. If population is sixty thou.sand or more, then not less than eight
nor more than nine divisions, with not less than sixteen nor more than
eighteen members. Cities, towns nwl other municipalities separated from
the county and unorganized Indian Reserves shall not be included in
computing the population. The population of a county shall Ije ascer-
tained by reference to the pojiulation of the local nnniicipalities as
shown by the last decennial census by the Dominion.

?J8. Council Division Numbers. Each division is to be distin-
guished i)y its lunnber (as "First County Council Division," "Second,"
etc.), and shall be represented by two nuMubers wIkj are resitlents of the
division, and who shall hold office for two years, and until their succe.s,s-
ors are elected and sworn into office ami the new Council is organized.

'i9. Rearrangement of County Divisions. The Judge of the
■County Court, the Warden and the Clerk of the Peace shall constitute
11 Board, w'liose duties shall be, when the County Council divisions have
been disturbed through any cause, to i-earrange the .same, but in so doing
to make only such clianges as the altered circumstances reciuirc.

SO. Provisional County Councils. The county councillors who
re]>resent the County Council divisions constituting a junior county (in-
cluding any County Council Division which takes in the larger part of
any municipality in such junior county), shall, e.f officio, be the members
of the Provisional Council of such junior county.

tL.„

MUNICIPAL LAW.

MU>'ICIPAL ELECTIONS.

;{|. Qualification of Electors. The following; piisons have tlie rijiht
to vote at inunieipal elections :

Men, unniiii'ried women and widows, of tlie full a^e of twenty-one
years, and .subjects of her Majesty by birtli or naturalization, and beinj^-
ratetl on the last revised As.sessnient Roll, upon which the Voters' List
at the election is based, as follows:

1. AH persons, whether resident or not, who are in their own ri^dit or
whose wives are at the date of the election freeholders in the municipality.

2. All residents for one month in\mediately pi'eceding the election, and
who are or whose wives are at the date of the election tenants in the
municipality.

8. All residents at the date of election who have continuously resided
in the municipality since the completion of the last revised As.sessment Roll
wiio have an income from some trade, office, calling or profession of !5400.

4. Farinei-s' .sons residin<; in the mvniicipality on the farm of their
father or mother for twelve months prior to the return of the Assessment
Roll on which the Voters' List is based.

Temporary absences from the farm, not exceedinj;' in the whole six
months of the twelve, will not disentitle a farmer's son to vote.

When there is more than one son at home and the farm is not rat
sufficient, if ecjually divided, to jjive father and all tlie sons a vote, the
fathei" will vote and then the eldest of the .sons, in order of age, as far as the
rating will qualify. If the amount at which the farm is a.s,ses,sed is in.suf-
ticient to give both father (if living) and son a vote, the father shall be the
only penion entitled to vote. " Father" would include " .step-fathei*." Firm
muf;t not be less than twenty acres.

A tenant whose lease is not less than five years is deemed an owner
within the meaning of tliis ,sectio'\

The amount of rating necessary to entitle a person to vote, whether
freehold or leasehold, nuist not be less tlian :

In townMhips and villages, Si 00.
In towns not exceeding 3,000 inhabitants, S200.
In towns with a population over •'3,000, 8300.
In cities, S400.

Sl^i. Tax Defaulters Disqualified. Any person who has been returned
by the treasurer or collector as in default for non-paymi;nt of taxes on the
14th day of December preceding any election, cainiot vote on income: nor
in respect to real propert}' if the nnniicipality has a by-law to that etfect,
unless he leaves with the IX'puty Returning Officer a certificate from the
treasurer or collector that the taxes have since been paid.

lltt- New Municipalities. At the first election in new numicipalities
for which there is no As.sessment Roll, every male resident who is otherwi.se
quaiifietl is entitled to vote.

Also, where new territory is added to a municipality and the Voters'

MUNICIPAL LAW.

Lint does not includo siieh names, but wlio would liuvo been entitled to vote
in such territory if it had not been added, shall be entitled to vote.

114. Joint Owners or Occupants. In case both owner and occupant
arc rated .severally and not jointly, both shall be deemed to be rated.

Also, when rt'al property is owned or occupied jointly by two or more
persons for sutlicient amount when divided between them to o-ive a (piali-
tication to each, then each shall be deemed to be rated, otlierwi.se none of
them shall be deemed so rate(l.

IJ."*. Householder. vVn occupant of a separate pcM-tion of a house,
liavinj;- direct comnnniication with a jmblic street or road by an outer door,
shall iu' deemed a householder.

tiii- Time of Holding Elections for eveiy nninicipality (except
counties) .shall be the first Monda}- in January, when all the members (jf
Coinicil are to be elected, except tho.se elected by acclamation, and who
shall hold otHee until their .succes.sors are elected or appointed and sworn
into otHce and the new Council is or<fanized.

The first election in newly erecteil or extended municipalities shall
take place on the first Monday in .lanunry after the .date of the [)roclama-
tion or the passinff of the by-law by which the change is made.

151 Places for Holding Elections .shn II l)e api)ointed by the Council
from time' to time, by iiy-law, otherwise they will bu held at the place at
which the previous election was held. But no election can be held in a
tavern or other house licensed to sell spirituous or fermented li(|Uors.

When the place fixed by by-law for a polling ])lace is found to be
unattainable or unsuitable, the Clerk may choose in lieu thereof the nearest
.available buililiiig suitable for the ])urpo.se. and in such case he shall po.st
up, and keep i)o.sted up until the close of tlie ]>oll, a notice on the building
previously fixed by the by-law and in two other conspicuous places near
I)y, directing voters to the phice cho.sen.

liH. Polling Sub-divisions. The Council is reijuired by by-law in
such municipalities as are divided into wards to apj)oint :

L The ])laces for holding tlie nominations for each ward.

?. The returning ofiicers who shall hold the nominations for each ward.

8. The places at which polls shall be opened in case a poll is recjuired.

4. The deputy i-eturning otKcers who shall preside at the respective
polling places.

Ii9. Alteration of Sub-divisions in existing polling sub-divi.sions
must be made before the publication of the Voters' Li.st. Whenever the
nund)er of <|Ualitied \-oters in a polling sub-division exceeils two hundred,
or the Council considei's it for the convenience of electors, they may make
new sub-divisions.

When the Clerk finds the number of ([Ualified eK"tora in a sub-
divisi(ai exceeds two hundre<l, he shall call the attention of tiie Council to
the fact. The divisions are to be based on the last revised Assessment
■Roll.

The polling sub-divisions nmst be nuudjered con.secutively, and a copy

MUNICIPAL LA\\'.

of the by-law ecrtitied under seal and sijjjned hy the head or the Clerk of
the Council, and must forthwith l)e tiled in the office of the Clerk of the
Peace of the county.

An appeal at any time within two months after tilini^ of the by-law
may, at the instance of five electors, be taken to the Jud<re of the County
Court, who may correct the sub-divisions and make them conform to the
inti'iit of tiie Act.

An election is not voidable simply because the polling;- sub-division
contains more than two hundred voters, j)rovided it does not contain
more than three hundred.

40. Uniting Two Polling Subdivisions. In cities of one hundred
thousand and over of inliabitants the Council may, for school and municipal
elections, and upon (piestions submitted to tlie electors, amal<;amate two
poUiny sub-ilivi.sions into one with one polliufif place therefor. It may also
provide that tliree or less poliino' places shall be a Public School house or
otlier j)ublic bnildino- belon^-ino' to or controlled by the numicipality.

The consent of the Pul)lic School Board must first be obtaineil, and a
.sufficient sum nuist be ])aid such School Hoar<l to cover any damage done
and expense for cleaning,'.

41. Clerk to be Returning Officer. The Clerk of the Municipality
.shall be Hcturiiing ()tlici-r for the whole municipality, and the deputies shall
make returns to liim from the several wards.

In nnniicipalities not divided into wards the Clerk will perform all the
duties assigned to <leputies.

4'i- Deputy Returning Officer for any ward refusing or neglecting
to attend at the tiiiii.' and place to receive his instructions ami nonnnation
papers, or voters' list and other election papers, the Clerk shall appoint
another pei'son tf> act in his place, and the person so appointed shall have
the same powers as though appointed by by-law.

Also, if no person has been appointed as Di^puty Returning Officer, or
having been appjinted, has died or neglects to atten<l to hold the nomina-
tion or poll, within (jne hour after the time appointed the electors present
may choose from among themselves a de])uty returning officer, and such
officer shall liave all the powei- and shall perform all the duties as though
he were appointed by the Clerk or bj' by-law of Council. In case the
I'eturnintf offieei' or a tleputv returnin":' officer duriiiif the pollins'' becomes,
through illness or other cause, unable to perfoi'm his duties, the Poll Clerk
will act in his^ idace.

Every returning officer or <leputy returning officer during the election
shall have all the pow<'rs of a justice of the peace, and may swear in specii 1
constables if nece.ssary to jjreserve the peace.

411. The Oath. The only oath or affirmation to be rocpiired of a
person claiming to vote as a freeholder is that prescribed by Section 112
R. S. 0., 1897 : and for tenant that of Section 113 ; and of income. Section
114: and of farmer's son. Section 115.

The voter may select any form of oath given in those sections respect-
ively. ^ _

MUNICIPAL LAW.

44. Who to Administer. Tlio Rotmniii<j; Otticoror Diputy Retnniini(
Orticor slmll administer the oath or aftiniif.tioii at tiio rt'(|iio.st of any candi-
date or his autliorizeil a^vnt, and no in(|nirie.s HJiall be made of any voter
except to tiie facts specitied in such oaths.

NOMINATIONS.

4.'». For Mayor, Reeve and Deputy Reeves. The non)ination of
candidates i'or mayor in cities, mayor, reeve and deputy reeve in towns,
shall he htdd on the last Monday in JJeceiiiber amnially at ten o'clock a.m.
at the hall of the municipality, and the deputy reeves tr be designated
" First," " Second," etc.

The Council of any town divided into wards may, by Dy-law, provide
that the nomination for councillors for the several wards shall be held at
the same time and place as the nomination for mayor, reeve and deputy
reeve. Where no l)y-hnv is j)assed, the nomination of councillors in such
town shall take place as state<! in the following Section 4().

The C'ierk is to be the Returning Otiicer and preside at thv meeting, and
in case of his absence the Council shall appoint a person to preside : and if
both fail to attend, the electors shall choose a chairman, who shall have all
tlie powers of a returning officer.

40. For Aldermen. The nomination for aldermen in cities, coun-
cillors in towns, reeves, deputy reeves and councillors in villages and in
townships not divided into wards, shall be at noon on the last ^fonday in
December annually at the town hall, or at such place in each ward as may
be ti.xed by by-law.

41. Nominations at 7 pni. The councils of cities, towns and villages
may, by by-law, tix the time for holding the nominations for mayo'", rrevt,
<leputy reeve and aldermen at .seven o'clock in the evening, inst- • >■/' the
hours previously mentioned.

4H. Nomination on Christmas Day. When the last (> "ay in
December is Christmas Day, the nominations are to be held on .e pre-
ceding Friday.

49. Elections on New Year's Day. The councils of cities may, liy
by-law, passed before the 1.5th day of September in any year, provide for
hohling the nomination for mayor and aldeiMnen on the 20th of December,
in which case the polling shall take place on the 1st day of January. If
such datvs fall on Sunday, then on the following day.

Six full days' n(jticc must be given by the Clerk, or other person
appointed to preside at the nominatiiJii, of the time for the holding of
such meeting.

50. Nomination of Candidates. The persons nominated to fill
each office must be proposed and seconded (one after another), and .such
nomination must be in writing, signed by the proposer and seconder, and
must give the full name of the candidate, his residence and occupation.

MUNICIPAL LAW.

lGVL,

the

may, by

iile for

ccmbor,

iry. If

If only one canilidate is proposed for any particular uffico, tlic Clerk
or other retin-nin;,' otticer shall, after the lapse of one hour, declare such
candidate duly elected for that office.

51. Poll to be Held. If more candidates are nominated than are
recpiired to he elected, the Clerk or other returnino; officer shall a<ljourn the
])roccedin<;s until the first Monday in January, when a poll or polls .shall
Ih! opened in each ward or polling sub-division, at the place or places fixed
by the by-law, from the hour.'- of 9 a.m. to 5 p.m., and no lon<.;er. (See
Section 58 as to Resij;nation.s.)

By an amendment pa.ssed in 1898, it is provided that in cities of over
100,000 inhabitants, the Council may, by by-law, pa.ssed before the 15th
day of Novendjer in any year, extend the time for holding' the elections
until 7 o'clock p.m. and no lonj^er.

The votinjjf shall be by ballot.

ii'i. Posting Names of Candidates, 'i'he Clerk or other rotiu-ninff
otKcer shall, on the day of the nomination, post up in the office of the
Clerk the names of the persons proposed for the respective offices.

51$. Resignations. Persons nominated for one or more offices may
at the nomination meetinjf or on the following day, or when such last
named day is a holiday, then before twelve o'clock noon of the succeeding
day, resign, or elect for which office he will remain nominated ; and in
default he is deemed to be nominated for the office for which he was
first nominated.

The resignation after the nomination meeting .shall be in writing,
signed by him and attested by a witness, aad delivered to the (.'lerk within
the time specified.

54. Election by Acclamation- If, by rea.son of resignations, the
number of candidates does not exceed the number required, then the
Clerk or other returning officer shall declare such remaining candidates
iluly elected to such offices.

55. When Full Council is Not Elected. In case the candidates, or
any of tliem, retire, and by rea.son of such retiiement the reiiuisite number
of persons is not elected, then the members elected (or a majority of then\),
if they e(pial or exceed half the full Council re(]uired, shall order a new
election to be hM to till the vacancies.

54». New Election. If, by reason of the retirements, less than half
the members of Council are elected, the Clerk shall cause a new election to
be held ; and until such electicm is held and the Council elected, the Council
of the preceding year shall continue in office and perform all the acts which
a Council elected for that year n\ight lawfully do.

51. List of Tax Defaulters. On or before the last Monday in
December the trea,surer of each local municipality shall, if the collector's
roll has been returned to him, prepare and verify on oath (or if the collec-
tor's roll has not been so returned, the collector shall prepare and verify on
oath) a correct alphabetical list of:

Ilpf

■HHIililll

MUNICIPAL LAW.

I I

1. All perfsoiiH who, bein^ on the Voters' List in respect of their
incomes, have not paid their municipal tax on such income on or before the
I4th (lay of December precudinf; the election ; ami,

2. In municipalities which have ])assed by-laws disqualifying voters
for non-])ayment of taxes (Sub-sec. I of 8ec. 535), all persons on the
Voters' List who have been assessed for real jiroperty, but have not paid
the taxes on such property, on or before the 14th day of December pre-
cedin^f the election, certified copies of such lists must be furnished to all
persons a])plyin^ for the same and payin;.? the same fee charj^ed f Ji- copies
of the \'otei's' List.

."iK. Ballot BoxeS' Whei-e a poll is required the Clerk shall procure
as many ballot boxes as there are wards or polling sub-divisions in the
nmnicipality, and to delivtu- the same to every Deputy Returning Officer
a]ipoiiit('<l for the election two days at least before the polling day.

If the ballot boxes are not supjjlied within the time prescribed, it shall
be the duty of the Deputy Returning Officer who has not been so supplied,
to fortiiwith procure a ballot box, and issue his order on the treasurer of
the municipality for the cost of the same.

The ballot box nuist be made of durable material, provided with lock
and key, and so constructed that the ballot papcu-s can be introduced there,
but cannot be withdrawn unless the box is unlocked.

."ill. Ballot Papers. The Clerk is also refjuired to have printed, at
the expense of the municipality, a sufficient number of ballot papers for
the election, and deliver the same, together with material for marking
them, to the Deputy Returning Officer before the opening of the poll.

They must be according to the form in Schedule "A" of the Municipal
Act.

00. Different Sets of Papers. The names of candidates for mayor
in cities, and for mayor, reeve and deputy reeves in towns shall not be
included in the same ballot paper with the names of the candidates for
aldermen and councillors; but there shall be separate ballot papers for each
class of candidates.

In townships drvideil into wards one set of ballot papers shall be
prepannl for all the wards for the reeve, and another set for each ward
containing the names of the candidates for councillo7*s in the ward.

01. Compartment for Marking Ballots. It is the duty of the
(Jlerk and the Deputy Returning Officer to see that a proper compartment,

: where voters can mark their ballots screened from observation, is provided
for each polling place.

0*4. Directions to Voters. The Clerk is required to deliver to each
deputy returning officer at least ten copies of printed directions for the
guidance of voters in voting. The deputy returning officers are required
to post up such printed directions outside the polling place for which they
are appointed to act, and also in e^'ery compartment of the polling place,
and to see that they remain so posted until the close of the polling.

I
%

MUNICIPAL LAW.

of theii-
efore tlu*

Hg voters
s on the
. not paid
mber pre-
lied to all
fjr copies

1,11 procure

3118 in the

n<f Officer

ly.

letl, it shall

supplied,
roasurer of

1 with lock
uced there,

Y)rintcd, at
papers for

jr marking

e poll.
Municipal

s for mayor
shall not be
iididates for
lers for each

•ers shall be
ir each ward
ard.

liver to each
tioiis for the
are required
l>r which they
polling place,
oiling.

03. Voters' Lists. The proper list of voters to be used at an election
sliall be the tirst and second parts of the last list of voters certified by the
judge and transmitted to the Clerk of the IVace.

04. Lists for New Municipality. For the first elections in a new
municipality for which there is no separate assessment roll, the Clerk shall,
instead of a voters' list, provide each deputy returning officer with a poll
book, according to Schedule "C " of this Act, in which the Deputy Keturning
Officer, or his poll clerk, shall enter in the proper column the name of every
person ottering to vote, and at the re(|uest of any candidate or voter shall
note opposite the name of such person the property on which he claims a
vote.

05. Lists in Added Territory. Where new territory is added for
municipal purposes to a city, town or village, or where a town with new
territory is erected into a city, or a village with new territory erected into
a town, or a new village is formed, and an election takes place before
Voters' Lists including the names of persons entitled to vote in such added
territory are made out, or before such lists are certified by the County
Judge— in all such cases the Clerk of such enlarged corporation shall take
from the last certified Vcjters' List of the municipality to which such terri-
tory formerly belonged, and place in lists, or supplementary lists, the
names of the persons who would have been entitled to vote in .such terri-
toiy if no change had occurred, and deliver said lists to the deputy return-
ing officers at all the polling suli-divisions.

The Clerk shall exclude from such lists the names of per-sons who
have been returned for non-payment of taxes.

00. Lists and Poll Book- The Clerk is required before the poll is
opened to deliver to each deputy returning officer a certified Voters' List for
the ward, together with the poll book, and a certified copy of the
" Defaulters' List."

01. Copies of Lists. Copies of the voters' lists may be prepared by
the Clerk of the Municipality, or they may be procured from the Clerk of
the Peace, for a fee of (i cents for every ten voters on the list.

08. Defaulters' Lists furni.shed and verified by the Treasurer or
Collector, as the case may be, shall be the evidence on which the deputy
returning officers are to act in ascertaining the payment or non-payment
of taxes by persons claiming either in respect to income or real property
the right to vote.

01>. Column for County Councillors. Where an election is being
hold for a member, or members, of the County Council at the same time as
the election for the local municipality, the Clerk, in preparing the poll book,
shall insert a column headed ''County Councillors" between the columns
headed " Refused to Swear or A^irvi " and " Mayor or Reeve."

TO. Certificate of Assessment Roll. The Clerk shall deliver to
each deputy returning officer a certificate of: (1) The day when the Assess-
ment Roll was returned by the assessor; and also, (2) of the day when the

MUNTCIPAL LAW.

•I

'■li

said AHsosHiiK'iit Roll was finally icvised aiul corrccttMl ; for the guidance of
till' Dcimtv i'cturninif OHIcit in tilling; in tlif lilanks in t lie oaths to he
ndiMinistfi'ril to voters.

II. Penalty fcr Neglect. The Clerk, in case of nej,deet or refu.sal
to <;ive such certificate uiioii payment of 2') cents to juiy person aj)plyin<;-
for the same, is liahle to a jH'nalty of ii^'iCO.

T'i. Municipalities not Divided into Wards. In municipalities
not divided intcj wards the Clerk shall ]ieri'orni the duties which in othei'
cases are ])erformed hy the deputy returning,' otiicers, and pi'ovide him.self
with all th(! certificates, papers, hallots, etc.

"ill. Where to Vote. In towns and cities electors may vote in every
ward where they have the nece.ssary property ([ualification ; but in case of
mayors of cities, or mayors, reeves or deputy reeves of towns, they can
only vote <jnce.

14. Penalty for Voting Twice for Mayor, Reeve, or Deputy-Reeve.
Per.sons that vote more than once at one election for mayor or reeve, or in
towns, villa<,'es and townshijrs for deputy-reeve, incurs a penalty of !?.')()
and costs, to be recovered hy any person suino- for the same in the Division
Court. In case of default in payment of the tine and costs the .)ud<;'i' may
commit to <i'(jal for a period not exceeding; thirty daj'.s.

lii. Voting in Townships and Villages- Jso elector shall vote
more than once for rei've or deputy-reeve, nor more than once in each
ward for councillors.

lO. Deputy Returning Officer, Poll Clerk and Agent of a candi-
date may vote at the pollini;- place whert; they are stationed if otherwi.se
qualified The clerk, upon application for the same, is recpiired to give
such elector a certificate that he is entitled to vote at the pollirig place
where he is stationed, 'i'he certificate nuist state tlie property or other
(|ualification which entitles him to vote.

When the Deputy Returning Ofhcer votes nt tlu' polliiig place where
he is appointed to act, the Poll Clerk, or, in his absence, any elector
authorized to be present, may administer the oath to be taken liy voters.

71 The Poll. The Deputy Returning Ofhcer shall, immetliately
before (opening the poll, show tlu! ballot box to such persons as are present
so that they may see it is empty, and then lock and seal it and place it in
his view for receipt of the ballot papers.

IH. How Votes are to be Received. When a person presents him-
self for the purpose of voting the Deputy Returning OfKcer shall :

1. Ascertain that the name, or the name apparently intended for such
person, is on the list.

2. Record, or the Poll Clerk record, the name, (jualification, residence
and occupation in the poll })Ook.

3. Where a vote is objected to by a candidate or his agent, the words
" objected to " must be entered in the poll book opposite the name, and also

MITNICIPAI. I-WV.

•-'1

lance ol"
tlis to lie

r fi'fusul
iipplyii'^;-

cipiilitii'S

ill other

e luinsell'

', in every
in case of
they can

ity-HeeVf.
L'L've, or in
ty of #.')0
(■ Division
ju(l<.c may

sliall vote
ice in (Muh

of ii candi-
f otherwise
red to j;ive
oUiiij; place
ty or other

phice where
liny elector
l)y voters.

innneiliati'ly
? are present
il place it in

resents liiin-

lall :

uled for such

ion, residence

nt, the words
anie, and also

•

statin;; foi' which candidate tiie ;<bjection was made l)y writing; the niiiiie
of such candidate after the wonls ' fltji-ctol to."

4. If sucii person takes tlie (vh oi' atlirmation, the word siforii or
a(iirin(''l nuist b(! entered in the p-oper column after tin iimne in tlie poll
hook.

.'). Wliere the voter refuses to take the oath or alhrm, the words
" rfi/iiKi'il, to hf mihtrn "C ntji niu'tl" nnist l)e enti-red in the proper colunni
according,' to tlu! fact, and the vote of sueii })er.son shall not he taken, and
if the Deputv Heturnin;,f Otlicer takes such vote he ineuis a penalty of
.*2i)0.

ti. When the ]>i'opei' entries lia\(! l)eeu made in the poll hook, the
Deputy Returnine- Otlicer shall make a ciieek or mark opposite the name
in the Voters' List. U) indicate that the name of such person has been
entered in the l)oll hook and thiit tlui person has ix'eii aIlowe(l to vote.
He should then ))lace his name or initials on the Ijack of the ballot paper.

A Deputy Keturniiii;- Otlicer rei'usine', or wilfully oniittin<j to sii;n his
name or initials upon the brck of the ballot ])aper shall forfeit to any ))er-
son a/f;;rie\'ed Ity such refusal or onnssion the sum of $10 for each ballot
papei' which iloes not bear his si;;iiitui"e ov initials.

7. The ballot paper, after beiujf thus initialed, shall be delivered to the
])(;i'son.

8. The Deputy Returuin;^' OHicer may, and upon re(piest shall, either
personally or through the poll clerk, explain to the voters, conci.sely, the
mode of \-otine'.

10. Checking the Poll Book The initials of the Deputy Returning
Otlicer are to be placed in the cohmnis of the poll hook headed "Mayor"
" Rimrc" (ov Mit;/>r aiul Rueve), " AUlervmn," "County ('uunclllor," and
" (J(iinc,lUoi\" as the ca.se may be, opposite the name of every voter
receiving a ballot [)ai)t'r to denote that he has received a ballot j)aper for
tl\e same.

HO. Marking Ballot Papers. Upon receiving a ballot paper marked
a>. pr(!viously stated, the voter iiuist forthwith proceed into the compart-
vient providetl for the purj)ose and nuike a cro.v.s, thus x , on the right hand
sidti opposite the name of the candidate for whom he desires to vt)te. He
shall then fold the ballot paper so as to conceal the names of the candidates
and tlie mai'ks upon the face of the paper, but so as to leave e.\po.sed the
initials of the Depaty Returning Otlicer, thi-n leave the compartment, and
without permitting anyone to learn how he has marked his vote, deliver
the ballot paper so folded to the Deputy Returning Officer, who shall, with-
out unfolding the same or exposing the names of the candidates or the
marks mad(> by the elector, verify his own initials and deposit the ballot in
the ballot box in the presence of those present in the polling place. The
voter must forthwith, after seeing his ballot put in the box, leave the
polling place.

HI. Secrecy of Balloting Compartment. Wiiile a voter is in the
balloting compartment no other person shall be allowed to enter it or be in
a position to see how a voter marks his ballot paper.

MUNrCIPAL LAW.

i .[

H't Taking' Ballot out of Polling Place. Any ju'ison Imvitijf reioiviMl
his halldt paptT ami takes it out ol' tlio polliii;^ |)laco t'oilVits liis rij^lit
to vote, and tlu' Deputy Hctuniiiij; Ortiwr sliail iiiakt- an entry in the poll
hook in tlie column on " ifr^HK/c/'s " to tlic t'H'oct that such person < lit I so
take his hallot paper out of the pollinj,' place. In case the voter returns
the same (leclinin;; to vote, the Deputy I{eturiiinL( Otiicer shall write the
word " Declined" upon such ballot paper, and shall jtroservo the same.

K\. Incapacity to Mark Ballot Paper Incase of a person claimin^^
throui^h hiindness or other physical cause, that he is incapacitated from
inarkinj,^ his liallot, or who makes a declaration that he is unahlu to read,
or where the voting' is on Saturday that he is of the Jewish per.suasion and
ohjects on reli^dous ifrounds to mark his l)allot as prescribed, the pro-
ceedings shall l)e as follows :

1. The Deputy Keturnin<f Officer shall, in the presence of the aj^ents
of the canilidates, cause the vote of such peison to lie mai'ked on the l)allot
paper as directed by him, and then place the same in the ballot box.

2. The Deputy Returiiin;,' Otiicer shall note the same in the poll book
opposite the person's name.

84. Spoiled Ballots. When a person has inadvertently dealt with
his ballot paper in such a maimer that it cannot conveniently be used as such,
he may, on returning; the same to the Deputy Returning Officer and satis-
fying him of the inadvertency, obtain another ballot paper in lieu thereof.
The Deputy Keturninir Ofticei- shall innncdiately write the word "can-
celled" upon such ballot ])a]ier ami preserve it.

H.V Who to be Present in Polling Places. Duriii},' the time
appointeil for pollinpf no person shall be entitled or permitted to be present
in the polliu}; place e.Kcept the officers, clerks, candidates or their a^jents
and the voter who is actually enijaged in votinif. A constable or other
peace officer may also be present if the Deputy Returninjf Officer desires
such a.ssistance.

80. Counting the Votes. Innnediately after the close of the poll
the Deputy Returning Officer shall, in the presence of the poll clerk, candi-
dates or their agtsnts present, open the ballot box and coinit the votes. He
shall reject all ballot papers not having his initials, or on which more votes
are given than the elector is entitled to give, or on which anything except
the initials or name of the deputy returning officer on the back is written
or marked by which the voter can l)e identified, or which has been torn,
defaced or otherwi.se dealt with by the voter .so that he could thereby bo
identified : also, a ballot paper on which votes are given for a greater
numl)er of candidates for any oHice than the voter is entitled to vote for
shall be void against all candidates for such office, but shall be good as to
other offices that the voter did not .so vote for more candidates than he was
entitled to vote for.

81. Noting Objections to Ballots. The Deputy Returning Officer
siiall note any objections made by a camlidate or his agent or any elector
authorized to be present to any ballot paper found in the ballot box, and
shall decide the question arising out of the objection.

MrNICIPAh l,A\V.

J.'l

(Ml

The o1)jt;cti(Hi iiinst In; iiuiuljun'd, imd a currcNpoiKliiij; iiuinhor pliict-d
on the buck of tlu; ballot paper objci'toil to and initialed by (he J)eputy
Returning Orticer.

He iiiUHt also (indorse " licjcrfrd" on every ballot paju-r rejected liy
him, and if objection i,s made to his decision must then endorse " lit'ji'vt'nni
ohjccfed to" on the paper as well.

HH. Written Statement. The Deputy Returnin;^ Officer siiall then
coiuit U|) the votes (not rejected ones) ^iven for each candidate and make
uf) a written statement in wor<ls as well as in fij^ures of votes for each
candidate, and the innrd)er of i-ejected bidlot |)apers under the three
heads of ;

1. Name or inunber of waiil or pollinii sub-division, name of munici-
pality and <Iate of election.

2. Xumiier of votes for each candidate.
:{. Rejected ballot papers.

Such statement iiuist then be signed by the deputy roturnin;.; officer,
the poll clerk and .such of the candidates or their a;.jents as are present and
ilesire to si^n the same.

No more than two ajjents for any candidate shall be entitled to be
])reHent at the cotnitinjj of the votes.

80. Certificate of State of Poll. The Deputy Retuininjf Officer, upon
beiufj re(|uested so to do, shall j^ive to the per.sons authorized to attend at
the pollinii; place a certificate of the number of votes <^iven at that ])ollin<f
place foi' eacli (randichite, and the number of rejected ballot ])apers.

00. Returns by Deputy Returning Officer. The Deputy Returninjr
Officer is required at the close of the poll to certify, under his .sijjnature on
the Votei's' List, the total number of pi'r.sons who have voted, and in the
presence of the ai^ents of the candidates make up into .separate packets,
.sealed with his own seal and with the seal of tlu; candidates or agents who
desire it, and marked upon the outside with a short statement of the
contents, <late of the election, name of the deputy returning officer, ward
or polling sub-divisi(m and the nnuiicinality :

1. The statement of votes given for each candidate and the i-ejected
V)allot papers.

2. The used ballot papers which have not been objected to and have
been counted.

.'}. The ballot papers which have been objected to, Init which have
been counted.

4. The rejected ballot papers.

.5. The spoiled ballot papers.

(i. The unused ballot papers.

7. A statement of the number of voters whose votes have been
marked by the Deputy Returning Officer under the heads of " Physical in-
capiciti/, " iTiKihle to rrad," with the declarations of inability, and notes
taken of objections made to ballot papers.

01. Declaration by Deputy Returnin^s: Officer. Before returning
the voters' li.st and poll book to the clerk the Deputy Returning Officer shall

'fX

mmi.

MUNTCIPAL I:AW.

make a declaration before .such clerk or a justice of the j)eace, or the poll
clerk, that the voters' list and poll hook were legally used and the entries
correctly made, which declaration shall bo attached to the voters' list and
returned to the clerk, where thej' may be inspected at an\' time in the
presence of tli . clerk l)y any elector of the municipalty.

9't. Ballot Paper Packets. TlieDeputyReturnin<;Ottieer must forth-
with deliver the packets personally to the clerk, and if through illness or
other cause he is unable to do so, he shall deliver such packets to a person
chosen by him for the purpose of delivering;' the same to the clerk, and
shall mention on the outside of the packet the nauu? of the person to whom
the same has boon delivered, and shall take a proper receipt therc^for.
'i'he bjdK>t box must also be forthwith returned to the clerk.

The Keturning Otticer shall remain in his office on the evening of
pt)lliiig day until the boxes are n^turned to him.

In citi(!S and towns each Deputy lletui'iiing OtHcer, or person so chosen,
.shall forthwith proceed from the polling place to the otttce of the clerk
with the ballot bo.\ and ])ackets, and shall there personally delivi-r the
.same to the clerk. No deputy returning officer in a city or town .shall,
under any cii'cumstances, take the ballot box oi- packets to any house or
place other than the office of the Clerk of the Municipality. For any
breach of the provisions of this section a deputy returning officer shall
incur the penalties provided by Sections l!)o and 194 of the Act, which
ai'e imprisonment for six months and a tine of $400.

911. Statement to Accompany Ballot Papers. The packets must
be accomi)anied b}'^ a statement made by the Deputy Returning Officer
.showing the number of ballot papers enti'ustcd to him and accounting for
tluMu as follows: (1) counted; (2) rejecteil ; (3) unu.sed ; (4) spoiled; (5)
ballot papcjrs given to voters and returned the .same, declining to vote ;
((I) ballot papers taken from the polling place. The statement mu.st give
the mnnber of papers unde'" each head, and to be referred to as the " Ballot
Paper Account."

!M. Dispute Between Deputy Returning Officer and Candidate.

If the deputy returning officer and a candidate or his agcmt cannot agree
as to the written statement to be made by the deputy returning officer, the
packages of ballot pa|)ers shall, on the following day, be broken open by
the Clerk of the Municipality in the pi-csenu- of the deputy returning officer
and such of the candidates or their agents as may be ])re.sont, and at an
hour and place appointed by the deputy retm-ning officer, and of which
tliey have been notiffed. The Clerk, having examir.nl the ballot papers,
shall determine the di.spute, sign the written statement and forthwith .seal
the packages as before.

iKt. Declaration of Members-Elect by the Clerk. The Clerk
having received the ballot papers and statements of the number of votes
given in each polling place .shall, without opening the .sealed packets, cast
up the nvuuber of votes for each candidate; and shall at the town hall or
other public ])lace, at noon on the following day, j)ublicly declare the
candidate or candidates having the highest number of votes ; al.sf) in .some
conspicuous place post up a statement of votes polled for each candidate.

MirNIClPAF. I.AW.

JM». Casting Vote by Clerk. In ease of two or more of the candi-
<luti!.s liaviiiyan e(|ual miiuhor of votes, tlie Clerk, or other per,soii appointed
by by-law to act in his place, shall have a castinj? vote, wliethcr otherwise
(pialitieil or not.

Ani], except in such ease, the Clerk has nt) vote in a local municipal
election lieKl in his municipality.

!>■}. Election Not Held at Proper Time. If by reason of riot or
othi'f emeru'ency an election is not oonniienced on the proper flay, or inter-
I'upteil after beinjf comincnctMl l)efore the lawful closinjf tliereof, the
Deputy Returning OtKcei' shall resume on the following day at ten o'clock
in tlie f(jrenoon and continue, if necessary, for four days initil the poll has
been open without interruption to voters for about eight hours in all, in
order tlnit all electors may have an opportunity to vote.

If at the clo.se of the fourth day the ])oll lias not been open for eight
hours the Returning Officer or Depiity Retiuning Officer, as the case inaj'
be, shall not return any ])erson electeil.but .shall return his Voter.s' List and
ballot ])a|)ers on the following day to the head of the nmnicipalitv, certify-
ing the cause of there not having been an election. The head of the
municipality shall fortliwith issue his warrant for a new election.

When a p(jll has been duly helil in i-ach of the wards or polling sub-
divisions and ballot pajiers and statenuiuts necessary have been duly
returned to the Clerk, he siiall at noon on the next day make the retpiisite
declaration, as mentioned in previous sections.

The persons so elected shall make the necessary declarations of office
and i|ualitication ami assume office.

9H. Postpoi.—.ient of Election on account of an epidemic or
contagious <lisease being a matter under the control of the Lieutenant-
(ioveriKjr, and the Provincial Board of Health need not be given here, save
that both nuwiicijial and school elections may be postponed for a period not
exceeding three UKJuths.

JMK Disposition of Ballot Papers. The Clerk shall retain for one
niiii't.h all ballot pa])ers coming into his possession, and then, unless otherwise
ovdereil by the Court oi" Judge, destroy them in the presence of two
witne.sses, whose declarations that they witnessed the destruction of such
papers shall be taken before the head of the nuinicipality and tiled by the
Clerk among the nnniicipal records.

100. Inspection of Ballot Papers. Undei' an order of a court or
judge of competent jurisdiction, granted upon satisfactory evidence on oath
that the inspection of ballot papers is re(piired for tlu; purpose of maintain-
ing a pro.secution for an offi'nct; relating thereto, or for a pi.'tition question-
ing an election or rettwn, the Clerk is required to allow such inspection.

101. A Recount may be had before the County Judge upon
application and affidavit of a credible person at any time within fourteen
days from the time the ballot papers are received by the Clerk. Those
who may be pres<>nt at the recount are the County Judge, the ('lerk of the
nuuiicipality with the ballot l)oxes, and each candidate and his agent

■■"T' -,-af-

Jippointetl to attend the
sanction of the Judire.

MUNICIPAL LAW.

recount of the votes, and no other, except by

the Deputy Returnin*j
more candidates than

10?J. Deposit by Applicant. The applicant, at the time of making
the application for the recount, must deposit $25 with the Clerk of the
County Court as security for the costs, etc., but which mu.st not be paid out
except bj' an order of the Judge,

Costs are to be discretionary with the Judge.

103. Procedure on Recounts. The County Judge shall examine
all tlie ballot papers. He shall make a note of any objections made by a
candidate or his agent to any ballot paper found in the ballot box, and
decide tin; question, and the decision of the Judge shall be final.

He shall then count up all the votes given for each candidate, upon
the ballot pajiias not rejected, and prepare a writt"n statement giving the
results untler the following heads:

1. Name of municipality.

'2. Names of the candidates.

3. Number of votes for each candidate.

4. Papers wanting signature or initials of
Officer.

5. Papers rejected as having voted for
entitled to.

fi. Papers rejected as having a writing or mark by which the voter
can be identified, or as torn, defaced or othei'wise dealt with by the voter
so that he can thereby be identified.

7. Papers rejected as unmarked or void for imcertainty.

As soon as he has completed the recount and ascertained the result of
the poll the County Judge shall seal up all the ballot papers in separate
packets and forthwith certify the result to the Clerk of the Municipality,
who shall then declare elected the candidate having the highest number
of votes, and in case of ecjuality the Clerk has the easting vote.

A recount cannot prevent any remedy which any person has by
quo ivavninto or otherwise.

Any papers or documents relating to the specific election produced
by the Clerk, under an order of the Judge, shall be conclusive evidence.

104. Offences. (1) No person shall, without authority, supply a
l)all()t paper to any person : or,

(2) Fraudulently put into any ballot box any paper other than the
ballot paper which he is authorized by law to put in : or,

(:{) Frauchdently take out of the polling place any ballot paper; or,

(4) Without <lue authority destroy, take, o])en or otherwise interfere
with any ballot bo.v ov packet ol' ballot papers then in u,sc for the purposes
of the election ; or,

(5) Apply for a ballot paper in the name of some other person, whether
such name is that of a person living or ilead or of a fictitious person ; or
advise or aid. or counsel or procuic any other person so to do : or

((i) Having voted (mce, and not l)eing entitled to vote again at an
election, a])ply at the same election for a ballot paper in his own name, or
advise or aid. or coun.sel any other person so to do.

MUNICIPAL LAW.

105. Penalties. A person guilty of cominittitig any of the above
offences shall be liable : If a clerk of the municipality, to imprisonment for
a terni not exceeding two years ; if any other person, to imprisonment for
a term not exceeding six months, with or without hard labor.

Every officer and clerK guilty of misfeasance or any wilful act of
omission under the preceding provisions relating to elections is liable to a
penalty of $400, to be awarded to the person so aggrieved.

Any county clerk, or clerk or officer of a local municipality, who
refuses or neglects to perform the duties prescribed by the Municipal Act
relating to elections for members of a county council shall be liable, on
conviction, to a fine of $200.

I0«. Penalty for False Returns. See Section 92.

101. Secrecy of Proceedings. Every officer, clerk and agent in
attendance at a polling place shall maintain, and aid in maintaining,
secrecy of the voting, under a penalty on sunnnary conviction before a
stipendary magistrate, police magistrate, or two justices of the peace, to
imprisonment for a term not exceeding six months, with or without hard
labor. They inu.st not attempt to interfere with any voter marking his
ballot, or induce him to display his ballot after marking it, or attempt in
any way to obtain information as to how he voted ; and if through any
cau.se whatever any such information is obtained, it must not be communi-
cated to any person, under the above penalty.

108. Statutory Declarations of secrecy nmst be made by every
officer, clerk and agent attending a polling place, or at the counting of
votes.

No voter can be compelled, in any legal proceedings concerning the
election, to state for whom he voted.

100. A Candidate may Act as Agent for himself, and perform
any of the duties which an agent miglit perform at the polling places,
except that he shall not be pre.sent at the marking of a ballot paper for
incapacity of a voter, or of voter unable to read.

110. Non-attendance of Agents. Where expressions are used requir-
ing anything to be done in the pre.sence of an agent, it is understood to
mean such agents of a candidate as are authorized to attend ; but the non-
attendance of such agents shall not invalidate the act or thing done if
otherwise duly performed.

111. Public Holidays and Sundaj's are excluded in reckoning time
under thi; provisions of the Municipal Act, and when anything is reciuired
to be done on a day which falls on any such day, it niu.st be done on the
next juridical day. Such flays, however, are to be reckoned in the time
which is to elap,se between nomination and polling days for nuuiicipal
elections.

iVi. Election Expenses. When county councillors are elected at
the same time as juemlters of local nnniicipalities (see Section 51), all the

'^j

''1

MUNICIPAL LAW

I ll;

reasonable expensen, fees iind allowances for services rendered shall he
paid to the County Clerk or Clerk of the Local Mniiieipality, as the case
may he, hy the treasurer, to be distributed to the several persons entitled
thereto.

nil- Vacancies in Council. A niend)er of Council convicted of
I'elony or infamous crime, or l)ecoming insolvent, or a))plics for relief as
an indi<>ent debtor, or remains in close custody, or assii,nis his proj)erty for
the lienetit of his creditors, or absents himself from the mi^etings of the
Council for three months witiiout being authoi'ized so to do by resolution
of the Council, duly entereil in the minutes, forfeits his seat, and the (council
shall forthwith declare the seat vacant and order a new election. Such
member, or any other member who becomes disqualified, should forthwith
resign his seat, and if he omits to do so for ten days, proceedings may be
taken by writ of <]iio nununUi to unseat him. The same applies to
county councils.

114. Rfsignation by Consent of Council The Mayor or other
member of Council may resign his seat by consent of a majority of the
members present, such consent to be entered upon the minutes.

1 15. New Election. In case no retui-n is made for one or more
wards or polling places through any cause, or a person elected refuses to
accept office, or to make the necessarj^ declaiations of ofHce within the time
retpiired, or in case of vacancy through resignation, death, judicial decision
or otherwi.se, the head of the Council for the time being, or in ca.se of his
absence or his olfice being vacant, the Clerk, or in case of the like absence
or vacancy in the Clerk's office, one of the members of the Council, shall
forthwith issue his warrant for a new election to fill the vacancy.

If such occurs before the organization of the new Council the writ for
the new election will be i.ssucd by said mendjers or officials of the Council
for the previous year: neglect, however, to do so will not prevent the
organization of a new ( 'ouncil, providing a majority of the full number
are present.

110. Time for Holding New Election. The Clerk .shall appoint a
day and place for the nomination of candidates, and the new election shall
be held at furthest within fifteen days after serving the wai-rant, and all
matter to be conducted as in other elections. The ])er.son elected will hold
hia seat for the residue of term for which the office is to be filled.

111. Vacancy after November ist. In case the office of mayor of
a foini, or reeve of a township or village becomes vacant after the
1st day of November in any year and an election to fill the vacancy has
not been ordered by the Court or Judge, the Council may either order a
now election or elect one of their own number to fill the office during the
residue of the term.

In case the office of alderman or councillor becomes vacant after
November 1st and the Court or Judge has not ordered a new election, the
Council inay order an election to fill the vacancy or otherwise as they
.see fit.

■M

MUNICIPAL LAW.

29'

shall In-

the case

'■■§

entitled

ieted of

relief as

lerty for
s of tile

esolutioii

['(-ouiieil

11. Such

orthwith

may he

)plies to

118 Vacancy after July ist. In case the office of mayor of a city
Lecomes vacant after the 1st day of July in any year and an election to
fill the vacancy has not hcen ordered by the Court or Judge, the Council
shall elect one of their own number to fill the office during the residue of
the term.

1 1!>. Appointing Members of Council. In case the electors neglect
or decline to elect the reciuisite number of members of Council, the new
members of the Council, if they e(jual or e.xceed one-half of the Council
when complete, or a majority of such new member.s — or if half of such
members are not elected — then the members for the preceding year, or a
majority of them, shall appoint as many (|ualified persons as will com-
plete the rPf^'Msite number of members, and persons so appointed shall
accept office and make the necessary declarations, and be subject to the
same penalties as if they had been elected.

COUNTY COUNCIL KLKCTIONS.

I/JO. (Jounty (k)uncil elections shall be held every alternate year, but
upon the days and at the time fixed by law for the annual municipal
elections for members of councils for local municipalities. The ballots
shall be placed in the same ballot box that is used for said local elections
(where such are being held). They shall, however be placed in a separate
envelope or package, but otherwise the pi'oceedings sliall be as iiearly as
possible the same as for an election of a local municipality, and officers
have the same powers.

No membcu" of a local municipal council, clerk, treasurer, assessor or
collector is eligible for election as county councillor. Members of a county
council shall have the same (|ualifications as a reeve of a town.

Vii. Nominating Officer. In c\eiy year before that in which an
election is to be held the County Council is required to appoint a nomin-
ating officer for each division, who shall act as such until his successor is
appointed.

1. The duties of such officer shall be in each year before an election is
to be held or a vacancy to be filled, to fix a place within the division for
holding the nomination between the hours of one and two o'clock p.m., and
to give notice of the nomination and election in two weekly newspap' rs in
the county for at least two successive weeks, or give sufficient public notice
by printed posters.

If there is no suitable place within the division, he may name some
place in an adjacent city, town or village in which the election shall be
held.

2. To attend the nomination and to perform tin; duties, as far as
applicable, which the Clerk of a municipality is re(|uired to perform »«.s
returning officer at a local nomination.

3. In case of his absence by death or otherwise at the time appointed
for holding such nomination, the electors present may choose a nominating
officer.

fT~

MUNICrPAL LAW

I'W. Nomination and Polling Day. The nomination day shall be

Monday, onu week before polliiiff <lay.

If upon nomination day no more canilidates tor any division are
nominated than are reciuired to be elected, the Returnin;,' Othcer shall
declare such candidates elected, and .shall, upon the .same date, mail to the
C^omitv Clerk, by registered le-ttei' with postaj^-e prepaid, a certificate of such
election by acclamation. Hut if more candidates are nominated than are
re(|uired, he shall immediately after the time for withdrawal has elap.sed
certify to tlie County Clerk the facts ivith the names and addresses of the
candidates.

Vili. Nominations on Third Monday. The County Council may,
by b\'daw made before the 1st day of July in any year, provide that the
day for the nomination of reeve, deputy-reeves and councillors in town-
.ships shall be the third .Monday precedin*;' the day for pollin«r. In such
case the County Clerk shall forthwith transmit a copy of the by-law to
the clerks of the townshijts to which the .same relates.

1*^4. Resignations. Any per.son nominated may resiijn either at the
nomination meeting or on the foUowino- day. If after the meetin<i; the
i-esii;nation iinist be in writing', signed, witnessed and delivered to the
Nominatinji,' OtHecr.

If by reason of .such resitjnation only the requisite nund^er of candi-
dates remain, the Nonnnatinj;' Otiicer shall certify such candidates duly
electeil

1*45. Ballot Papers. Itis the duty of the County Clerk, innnediatelj^
after he receives the certificates from the Nominating Othcer, to prepare
and forward to die Clerk of each nuniicipalit}'' where elections are to be
held, before polling day, a sufficient number of ballot papers and other
necessary election papers, who shall supply the .same to the deputy
returning officers If all the members of such local municipality are
elected by acclamation, the Clerk shall, nevertheless, take all proceedings
necessary for hoMing an election of the member.4 of the Comity Council,
if an election is to be held.

The ballots and other neccssaiy papers and notices to be used shall,
as far as aiiplicable, be according to the forms provided in the Municipal
Act; and when not wholly applicable, shall be adapted to the election of
county councillors by the Clerk of the County Council, or clerks of the
local municipalities, or other officers, as the case may be, and the words
"County Councillors" .shall be printed on every .such ballot.

VHi. Voting for County Councillors. Each person qualified to vote
for members of the Local Municipal Council may vote for county coun-
cillors, and shall have as many votes as there are members of the County
Council to be elected in his division. Where there are two county coun-
cillors to be elected, he maj^ at his option, give both votes to one candidate,
in which case he must place two crosses ( x X ) within the division opposite
the name of such candidate.

But in no other case may a person give two votes for one candidate.
A resident voter being on the Voters' List for more than one municipality

MUNICIPAL LAW.

sliall be

ision are
ifcr shall

lil to the
te of such

than are
s elapsed
■^es of the

iicil may,
e that the

in town-
In such

)y-la\v to

her at the
■etiuff the
id to the

of candi-
ates duly

iiuediatel^'^
o prepare
5 are to be
and other
le deputy
pality are
L'oceedings
y Council,

used shall,
Municipal
slection of
•ks of the
the words

ed to vote
inty coun-
le County
inty eoun-
candidate,
n opposite

candidate,
niicipality

shall only vote in the division in which he resides, but a non-resident may
vote only once in any division.

1?^!. Returning Officer in elections for county councillors shall be
the County Clerk, who .shall, from the certificates from the various local
clerks, cast up the votes for each candidate; and at the hour of one o'clock
p.m. of the second Monday i'l -January, m the Council Chamber, jmblicly
ileclare elected tlie two candidates in ei\ch division havin<j the highest
number of votes, and al.so post up in his ofKce a statement siiowinj^- the
number of votes polled for eacii candiditte.

ViH. Special Column in Poll Book. The Clerk of the Local Muni-
cii)ality, when an election is bein<;' held at the same time, shall insert a
column in the Poll Book headed, " Count ;/ OouncUlor.H."

Vi9. Casting Vote. Wliere an etjual numl)er of votes has been cast
for two or more candidates in any division, the Nominating Officer for that
division has the casting vote, which is to be given in writing.

ISO. Clerk's Certificate of Results. The Clerk of the Municipality
shall, on the ilay following the return of tlu" ballot papers and statements
to liim, prepare and mail to the County Clerk, by prepaid registered letter,
a certiticate of the result of the vote for candidates for County Council,
according to the forms given in Schedule " H" of the Act.

Hit. Declaration of Office. The persons so elected as county coun-
cillors shall make the necessary declarations of ofiice and qualification, and
assume ofiice.

IIW- Election of Warden. If a tu) occurs in voting for warden,
and no choice made after two ballots, on the second daj' the .senior member
(the one who received the highest number of votes in his division), repre-
senting the County Council division, having the largest e(|ualized assess-
ment, shall have two \ otes. But if the two councillors have been elected
by acclamation, or by ecjual vote, the Clerk shall draw lots to ascertain
which of the two shall give the casting vote.

illli. Recount of Votes. The same proceedings apply for a recount
of votes, or for vacating a seat in county councils as for membei's of council
for local nunucipalities. The County Judge may re(iuire the clerk, or
clerks, of such municipalities to forward, under .seal, to the Clerk of the
County all ballot papers, books, voters' or other lists or papers connected
with the election. They must be accompanied with a statutory declaration
that they are the ballot papers, etc., returned to him in connection with
such election, and no others, and that he has kept them under seal securely
since they were returned to him.

ili4. Filling Vacancies. If a vacancy occurs in a county council
\)efore the June session, by death or other cause, the Warden shall issue
his warrant to the nominating officer of that division for a new election.
If there should not be sufficient time to till the vacancy before the June
meeting, the vacancy shall be filled at the next annual municipal election.

MUNJCfPAL LAW.

At such by-election, where tliere is only one councillor to be elected, eiicli
elector hIuiH have but one vote, mid the councillor so elected shall hold
oHice durinj;- the unex])ii'ed term of his predecessor.

lit.**. Election Expenses incurred in the election shall be liorne
wholly by the county. I>ut where an election for the local municipality is
held at tfie same time all such expenses as wouM be nece,s.sary tor such
election shall bo borne by the local nnmicipality. Jn case of ilispute
between the local nnmicipality and the county as to the apiwrtionment
of the expense, the ('onnty Judge, upon application of either party, upon
four days' notice to the other party, shalljnake such order as to him seems
ju.st.

ilUi. Penalty for Neglect of Duty. Any county clerk, or clerk of
a local nuniicipality, who refuses or neglects to perform the duties pre-
scribed by the Act, in relation to elections for county councillors, shall be
liable to a fine of ^'200 and costs.

1117- Penalties for False Returns. Any clerk of a local munici-
pality who knowingly makes false returns to the County Clerk of the
result of the voting for county councillors, or any county clerk, who know-
ingly makes a false or incorrect declaration of the election returns, or any
nominating ottieer who knowingly makes a false declaration of election, or
couniiits any other wrongful or fraudulent act atf'ecting the election of a
candidate, shall be liable to a tine of S500 and costs, and l)e dis(|ualitied
from holding any kin<l of a nuinicijial oHice in Ontario for four N-eai-s.

V.iH. Vacancies in County Council, by crime, insolvency or absence,
same as for local municipality, which see Section 118.

tlt9. Resignation of Warden. The warden of a county may resign
his seat by verbal intimation while the Council is in session, or by letter
to the County Clerk if Council is not in session, in which case, or in case
of vacancy l)y ileath, or otherwise, the Clerk shall notify all the members
of Council, and if ictpiired so to do by the niajoi-ity of the members shall
call a special meeting to till such vacancy.

CONTROVERTED ELECTIONS.

140. In case the valitlity of the election of a mayor, wanlen, reeve,
deputy-ieeve, alderman, county councillor or councellor is contested, the
same may be tried by a Judge of the High Court or the Judge of the
County Coui't, or the jMa.ster in Chambers.

Tile relator for the purpo.se may be any candidate at the election, or
an elector who voted or tendered his vote : or, in case of an election by
acclamation, then any elector entitled to vote at said election. (Sections
219-282, li. S. O.)

141. Appeals- The decision of a Judge of the High Court is final ;
but the decision of the Master in Chaml)ers or officer acting in his place, or

MUNICIPAL LAW.

I'd, eiicli
ill hoM

;5i

of the Comity Court Judge in appoalablo to a Judge of the High Court,
whose decision shall be final.

142. Time to Enter Proceedings. Proceedings must be entered
within six weeks after the election, or tour weeks alter acceptance of the
office by the person elected.

I4!t. Security. The relator shall enter into a recognizance before a
judge or a coinniissioner for taking affidavits in tlie sum of S200, and SI 00
each by two sureties, to prosecute the case with effect, and to secure costs
to the other party if unsuccessful.

144. If Election is Adjudged Invalid, the .Judge shall order the
person not duly elected to be removed ; and in case tlie Judge determines
that any other person was elected, he shall forthwith order such other
person to be admitted. If no one is elected, then he will order a new
election ; and if partof ('ouncil ai'e legally elected, then a new election only
for the remaining seats in the Council.

145. Invalidity through Returning Officer. In ca,se an election is
held to be invalid becaust; the Returning Officer or Deputy Returning
Officer refused to receive ballot papeis tendered by <luly qualified electors,
the Judge may order the costs of the procecMlings to unseat tlie person
ileclared elected to be paid by tlie respondent, or l)y the retui'ning officer
or deputy returning officer, and the Returning officer or Deputy-Return-
ing Officer shall not thereby be relieved from any otlier penalty to which
he may be liable.

I4U. When Defendant may Disclaim. A person whose election is
complained of may, unless the complaint is on the ground of corrupt prac-
tices on the part of such person, within one week after .service on him
of the writ, <li.sclaini the office by forwarding to the Clerk in Chambers, at
Osgoode Hall, Toronto, or to the Judge of the County Court, as the case may
require, a disclaimer to the following effect : " I, A. B., upon wlK)m a notice
of motion in the nature of a rpio irtivrdiito has been .served for the purpose
of contesting my right to the office of Township Councillor (or as the case

may be), for the Township of , in the County of (or as the case

may be), do hereby disclaim the said office and all defence of any right I
may have to the .same.

"Dated this day of . (Signed) " A. B."

The envelope containing the disclaimer must be endorsed on the out-
side with the word "Dit^cldlmer," and the letter must also be registered.

A person elected may also disclaim at any time before liis election is
complained of, by delivering to the Clerk of the Municipality a disclaimer
to the following effect :

"1, A. B., do hereliy disclaim all right to the office of Township Coun-
cillor (or as the case may be), for the township of (or as the
case may be), and all defence of any right I may have to the same.

" A. B."

-r '.-"r^

MUNICJPAL LAW.

Wlmre a (Ji.selninior has been made as here set forth, the party inakin;^
it shall be freed from all liability to costs, and such disclaimer shall operate
as a reaiji'iiation, and the candidate havinjf the next hi<fhest number of
votes shall become the officer elected.

The person di.sclaimin<f shall deliver a copy of the same to the Clerk
of the Municipality, and the CMerk shall fortliwith connnunicate the same
to the Council.

If the Jud<,'e is satisfied that the pi-rscn disclaiming^ consented to his
nomination, or accepted the oHice, the costs will then be in the discretion
of the .Iud<re.

(HJRRUIT PRACTICES ANJ) rENAI/ITES.

141. Every per.sim who directly or indirectly, either by himself or by
any other on his behalf, gives or promises to give, money or other valu-
able consideration, or agrees to give or procure employnu'nt foi' any voter,
or makes a gift or loan, or promises a gift or k)an, etc., to induce him to
vote or refrain from voting at a municipal election or upon any by-law, or
to induce such voter to endeavor to defeat the return of any pi'rson to
serve at a nnjnicipal election, or to endeavor to procure the defeat oi' pass-
ing of a by-law, is deemed guilty of bribery.

Evcuy person who, by reason of any of the foregoing corrupt influ-
ences, procures, or endeavors to procure, the defeat of any person at a
municipal election, or to procure the passing or defeat of any by-law, is
deemed guilty of bribeiy.

Every person who advances money, oi' causes to be paid money for
any purpose, with the intent that it shall be used in bribery at municipal
elections or at the voting upon any by-law, is deemed guilty of bribery.

Every voter who receives mone^', directly or indirectly, either by him-
self or by another on his behalf, or accepts any gift, loan, discharge of
debt, or any other valuable consideration, to induce liim to vote or to
refrain from voting at such election or upon such by-law, is deemed guilty
of bribery.

Ever}?^ person who, after such election or the voting upon such
by-law, I'eceives or pays money, gives or receives employment, or any
other valuable consideration for having voted, or refrained from voting, or
having induced others so to do, is deemed guilty of bribery.

Hiring teams, horses, vehicles, etc., etc., or receiving pay for such, for
the purpose of conveying voters to and from the poll, is also deemed a
corrupt practice.

Persons adjudged guilty of any of the foregoing offences incur a
penalty of S20, and are disqualified from voting at a municipal election
or upon a by-law for two years.

148. Undue Influences at elections is defined to be that a person
who directly or indirectly, by himself or by another person on his behalf,
makes use of or threatems to make use of any force, violence or restraint,
or inflicts or threatens to inflict himself or through other persons any

MUNICIPAL LAW.

guilty

injury, ('auiiige, or Iohh, or in any manner practi.sfs intiuiii'.atiun in ordiT
to induce or compel a person to vote or refrain from voting at a municipal
(ilection or upon a by-law, or because such pci'son did vote or lefraincd from
voting thereat, or who, by abduction, duress, or any frandtdeiit device,
impedes or prevents a voter from tlie free exercise of the franchise, thereby
compels or prevails upon a voter, eitluii- to give or to refrain from giving
liis vote at a nninicipal election or upon a l)y-lavv, and every person adjudged
guilty of such undue influence sijall incur a penalty of SI 00, and be
dis(|ualified from voting at any municipal election or upon a by-law for
tile next succeeding two years.

14!>. Lawful Expenses of a candidate are his actual personal ex-
jM?nse8, expenses for professional si-rvices, an<l bona fide jiayments for the
fair cost of printing and advertising, and the payment of such do not
contravene the Act.

150. Penalties For bribery, §20 and dis(|Ualification from voting
for two years.

For undue injtuence, $100 and dis(pialification from voting for two
years.

For personation, six months' impri.sonment, with or without hard
labor.

For a candidate fountl guilty, upon trial by the Judge, of bribery or
undue injluence, shall forfeit his seat, and be ijieligible as a candidate at
any municipal election for two years.

The Clerk is reipiired to furnish every deputy returning officer, prior
to the election or the voting on any by-law, with at least two copies of the
sections of the Act 245 to 251, inclusive. The Deputy Returning Officer is
required to post the same in conspicuous places at the polling places. See
also Section G2.

151. Judges Return. The judge who finds a person guilty of
bribery, undue influence or personation, or who condemns any person to
pay any sum in the Division Court for any oftence under this Act, is
required to report the same to the Clerk of such municipality, and the
Clerk is required to keep a book for the purpose, and to enter therein the
names of such persons as have been found guilt}' of such practices.

tH'i. Recovery of Penalties. The penalties imposed by the preced-
ing sections may be recovered by any person who sues for the same in
the Division Court having juri.sdiction where the offence is committed.
Aotions for the above offences must be commenced within four weeks after
the municipal election, or the day of voting upon the by-law, as the case
may be.

MEETINGS OF COUNCILS.

153. First Meeting of every Municipal Council (except county
councils) shall be held at eleven o'clock in the forenoon on the second
Monday in January next after the election, or on some other day thereafter.
No business shall be proceeded with until after the declarations of office

MrNKJIPAf. LAW.

•mil (|Uiiliticati<)iis have Imtii ailiniiiistcrcil to all (he iiii'inlx'rs who prt'Hent
tlioiii.srlvcs lo take tlic saiiii'.

I.'»4. County Councils Hliall hold their Hist in^otiii"; at two o'clock
in till' al'trniooii, or hoiiu' otlu'r hour tlicrcal'ti'r, on the fourth Tucsiliiy of
January or sonii- other liay thereafter, at the eouiity hall, if there is one,
or otherwise at the county court-house.

I.'i.'i. Conduct of Business. Every Council shall hold its ordinary
meetinjfs ojienly, and no person to l)e excluded (\\cept for improper conduct.
Special nu'etin^s may he either open or closed.

(<i) A (luoruni is constituted by a majority of the whole inimher of
memlieis reijuired to constitute the Council.

(/») The head of eveiy Council shall preside at the mocstinj^fs, and may
Hummons a special meetinj,' of the Council at any time, and is rei|uirtKl to
do .so whenever r(.'i|uested in writinjf by a m.ijority of the meinl)i'rs.

In the absence or death of the head of the Council, the Clerk, upon a
re(|uisition sij^ncMl by a majority of the memlurs, shall sunnnons a special
meetinif.

In case there is no by-law fi.\in^ the j)lace of meetini,', a special
meetini^' is to be held where the last meetinj^ was held.

{(■) In the absence of the head of the Council fr'om illness or other
cause, or in ca.se his office is vacant, the Council may appoint one of their
members a presidinif oflicer who, durin<f such ab.sence or vacancy, shall
have all the |)owers of the head of the Council.

(d) It the person who ouifht to preside at any meetinr; does not attend
within fifteen minutes after the hour appointed, the mendiers present may,
from amonjj.st theni.selves, ajijioint a chairman, who shall have the same
authoi'ity in presidinii' as the abseit person would have had if ])resent.

(e) The head of the Council or Chaiiinan of any meetinj; of a Council
may vote with the other members on all (|uesti<jn8, and if there is an
ecpiality of votes the ((uestion shall be deemed to be ne}.(atived.

(/) Councils may adjourn their meetings from time to time.

:\iUNrcrPAL officers.

15<». Head of Councils. T'he head of every coimty and provisional
county shall be the Warden, of every city and town the Mayor, and of
every township and vina<je the Reeve.

li»l. Duties of Head of Council as chief executive officer of the
corporation : 'J'o be viirilant and active at all times in causin(>- the law for
the ffovernment of the nnniicipality iluly put in force; to inspect the con-
duct of all .suborilinate officers : to cause all nefjligence and positive
violation of duty to be prosecuted and punished, and to communicate from
time to time to the Council all such information and recommend such
measures within the powers of the Council as may tend to the improve-
ment of the finances, health, security, cleanliness, cond'ort and ornament of
the municipality.

MrNKMl'AL LAW.

The Mayor of u city or town imiy call out tlic fionm vimiU<itiin (a
Hqiiiul) to ciirorco the liiw slioiild c.\i;jriici('s n'(|iiirc it, luit only umlcr
.siicli ciiciiinstiiiicc.s us the Slu;riH'ol' tho County uiny do so.

T\\\'] CLKIIK.

158. The Clerk. Every Council mIuiII appoint a clerk, who shall
record all resolutions, decisions atid other pi'oceedin^fs ol the Council; and,
if re(piired hy any ineiiiher jirescnt, record the name and vott; of every
inond)ei' votin<f on any matter suhmitteil : also, to keep the accounts of the
Council, preserve and iile nil accounts acted upon, also the originals or
certified copies of all by-laws and niiiuites of the Council proceedings — all
of which shall l)e kept in his otlice or in the place appointed l>y hy-law.

li»J>. Absence of the Clerk. If the Clerk should be absent or in-
capable throu<,jh illness of perfoiinin^ his duties, the Council may, by reso-
lution, provide that some other person, to be named in the resolution or to
be appointe<l under the hand and seal of such clerk, shall act in liis stead;
and the person .so appointed shall have all the powers of the clerk while he
so acts.

100. Minutes Open for Inspection. Any person may, at all reason-
abli! times, ins])ect the miiuitcis, assessment I'oll, voters' lists, poll books
and other documents in the [xis.session or under the control of the Clerk,
and obtain copies thereof within a rea.sonable time at the rate of ten cents
per hundred words, or at such lower rate as the Council appoints.

H>l. Certified Documents as Evidence. A copy of any document
in possession of or under tlu! control of the (Jlerk, certified under hia hand
and under the corporate .seal, nuiy, after the orij^inal has been produced, be
tiled in any court in lieu of the ori;^inal, and shall be received in evidence
without proof of the seal or the sij^nature, or official character of the
person signinj; the same, unless the Court or Judge otherwise directs.

Itt'i. Returns to Bureau of Industries. The Clerk must each year,
within one week afttn- the final revision of the Assessment Roll, under a
penalty of $20 for default, make a return to the Secretary of the Bureau
of Industries, Toronto, on forms furnished by such Secretary, of such
statistics or infoi'uiation as the Assessment Roll or other records of his
office aflbrd, and as such forms call for.

{(t) The Clerk shall also, within one month after the final passing of
every by-la\i' for creating a debt, send to the Secretary of the Bureau of
Industries a copy of the newspaper advertisement of same.

(b) Moneys payable by the Province to the municipality will be
retained if the Clerk fails to send the recjuired retiu'ns.

!<»:(. Returns to Minister of Agriculture. The Clerk shall, on the
first day of June in each year, return to the Minister of Agriculture the
number of steam boilers in the municipality used for driving machinery

MUNICIPAL LAW.

or man^'facturing purposes, as shown by tlie last Assessment Roll. In
default of so doing lie is liable to a jjenalty not exceeding SI 00.

KU. Certificates as to Assessment Roll. The Clerk of the
Municipality is recjuircd to give the Returning OtKcer in an election for
the Legislative Asstinbly, upon application, a certificate showing the day
ii.\ed for the assessor to begin to make the Assessment Roll on which the
Voters' List to be u' I'.l for the election is based, and showing also the last
day on which a con pl'^int could be made to the County Judge in respect
to errors or omissions.

Also, a certificate showing the day when the Assessment Roll upon
which the said Voters' List is based, was returned by the assessor, and
also the day upon which the same was finally i-evised and corrected.

If the (Jlerk refuses to give such certificates when recpiested to do so
by the Returning Ofticer or any other person who applies for the same, he
is hable to a penalty of S200. The Clerk is entitled to a fee of 2.")C. for
each certificate.

THE TREASUllEE.

l<»i». The Treasurer. The Council shall appoint a treasurei-, who
may be paid either by salai'y or by percentage. He shall, before entering
upon the duties of his office, give such security' as the Council directs. It
is also the duty of the Council in each year to enquire into the sufficiency
of the security and to report thereon.

100. Liability of Treasurer. The Treasurer shall receive and safely
keep all moneys belonging to the corporation, and shall pay out the same
to such persons and in such manner as the laws of the Province and the
lawful by-laws or resolutions of the Council direct.

The Treasurer shall not be liable to an action for money.s paid by him
under a fiy-law or resolution of the Council, unless niiGther diKposiiion of
the moneys is expressly made by statute.

lOT. Treasurer's Books. The Treasurer is required to keep a "cash
book." On the left (or debit) page he shall enter, in consecutive form, all
money received, the date, name of person froni whom received, on what
account, and the amount; on the right hand (or credit) page, in consecutive
form, the sums paid out, dates, persons to whom paid, on what accounts,
and amotnits thereof.

The cash book shall always be open for inspection by the inemliers (jf
the Council and by the Auditors, and produced at Council meetings
whenever called for, and always show the balance on hand in two items
— cash on deposit and cash in the Treasurer's hands.

((/) No entry except cash entry shall l)e made in the cash book, but
the Treasurer shall keep a journal in which to enter items that are not cash.

(/>) The Treasurer shall open an account in the name of the munici-
pality, separate from his own account, in a chartenMl Hank or such other
place as the Council may approve, and depot't therein all moneys receiveil
by him.

MUNICIPAL LAW.

„

(f) All these enactments are to be in force in every county, city, town,
and village, except in so far as they may be altered or amended by by-law.

KJ8. Half- Yearly Statement. The Treasurer is required to prepart^
and submit to the Council, half-yearly, a correct statement of the moneyn
at the credit of the corporation.

lO. List of Tax Defaulters. When a by-law has been passed to
that effect, the Treasurer shall, on or l)efore the 20th Decond)er in each
year, transmit to the Clerk a list of all persons who have not paiil their
nuinicipal taxes on or before the l^th of December.

110 Treasurer's Returns to the Bureau of Industries. The

Treasurer shall, on or before the Lst day of May in each year, under a
penalty of 1?20 in case of default, funiisii the Secretary of the Bureau of
Industries, Toronto, on forms supplied by such secretary, such information
regarding the finances or accounts as the forms call for.

(rt) The Provincial Treasurer shall retain any moneys payable to the
municipality if it is certified to him l)y the Secretary of the Bureau of
Industries that the Treasurer of the Municipality has not made the
recjuired returns.

ill. Treasurer's Payments to Other Municipalities. A treasurer
paying money to the treasurer of another municipality shall, t)n or before
the 7th day of January, make up a detailed statement sliowing the amounts
of such payment and the dates for the year ending ;]lst day of December
preceding, and ti'ansmit such statement by registered letter to the head of
the municipality to whose treasurer payments have l)een uitide.

Tiie head of such municipality upon receiving such statement shall
cause it to be read at the meetinjj of the Council, and dt'Iiver the Han\e to
the auditors of his municipality before the auditing of the accounts for the
])revious year.

tVi- Dismissal of Treasurer. In case a Treasurer is dismissed
from ortice, or absconds, it is lawful for his successor to draw any moneys
belonging to the municipality.

lilt. Assessors and Collectors The Council of every city, town,
township and village shall, as socjii as may be convenient after the ainiual
election, appoint as many assessors and collectors as they think necessary.

{(() A member of the Council, Clerk or Treasurer cannot be an Asses-
sor or I/O. -ctor, but tl'.e same person may be appointed for both assessor
and collector.

(h) When by-laws have been passed to that effect, the Collector is
reipiired, on the 15th day of December in each year, to make a retiuii to
the Trciisurer, on oath, of the names of ail persons who hav< not paid their
nnuiicipal taxes on or before the 14th day of December.

114. Assessment Commissioner. In cities and towns the Council,
instead of appointing assessors, may apj)oint an Assessment Connni.ssionei-,
who, with the acting Mayor, shall from time to time appoint such a,sse.ssor8

•""■

MUNICIPAL LAW.

and valuators as may bo lu-eessary. And such coiiiinissioiier, assessors
and valuators shall cijnstitute a "Board of Assessors," who shall possess all
the powers and perform the duties of assessors.

((/) The Council may also determine the number of collectors to be
appointed, and prescribe their duties.

(b) A commissioner, assessor, or collector, appointed in any city, need
not be appointed annually, but shall hold otHce at the pleasiu-e of the
Council.

(r) All notices resp(!ctin<^ assessment, usually given to the Clerk, shall,
in such city, be iriven to the Assessment Commis.sioner.

1 15. Appointment of Auditors. Subject to the sueceedinj;- section
as to Toronto, every Council shall, at the first meeting in each year after
being dul}' organized, appoint two auditors.

IT4». Disqualification. No one who at such time is, or during the
preceding year was, a member, clerk or treasurer of the Council, or at the
time of the appointment or (hu'ing the jireeeding year had, directly or
indirectly, a share or interest in any contract with or on behalf of the
corporation, except as auditor, shall be appointed.

111. Toronto City Auditors. The Council of the city of 'ioronto
shall appoint two auditors, who shall hold office during pleasure.

The Treasurer shall prepare in diiplicate, not later than the first day
of April in each yeai-, an abstract of the receipts and expenditures of the
city for the year ending .'Ust of J)ecembt!r preceding, and of the Jis-iets and
liabilities at that date, and submit the same to t'le auditors.

The Auditors shall audit the .same with Ihe Treasurer's books, and
report thereon together with a special report as to any expenditures made
contrary to law, and on or before the 1st day of May to transmit a copy of
the said abstract with their report thereon to the Seoretaiy of the Bureau
of Industries, Toi'onto, and file the other in the office of the Clerk, which
shall be open for inspection at any i-easonable hour l)y any individual of
the municipality, and who may, either by himself or his agent, make a
copy or extracts therefrom.

IIH. Changing Time for Appointing Auditors. The Council of
any municipality may pass a by-law for appointing its auditors in the
month of Novembei* or December, instead of at its first meeting after
or(i;anization, and while such by-law remains in force th(>y .shall be in each
and every year so apjjointed.

110. Duty of City Auditors. The Auditors for Toronto and other
cities, as in preceding section, .shall make monthly auilits, connnencing at
the end of January, and report upon all accounts affecting the nnuiici-
pality.

ISO. Permanent Auditors- The councils of any municipality may
ajipoint an auditor who shall daily, or otherwise as directetl by the Council,
examine! and re))ort and audit the accounts of the corporation, and who
shall perform such other duties as the Council may by by-law direct.

MUNICIPAL LAW.

181. Filling Vacancies. In tlie event of a vacancy by death,
resignation, or otlierwise, the Council may, by by-law, appoint anothei-
person to fill the vacancy for the remainder of tlie year.

IH/J. Duties of Auditors for counties, townships, towns and villages,
shall be to examine and report upon all accounts affecting the coi'poration,
or relating to any matter under its control, for the year ending .'Ust day of
December preceding tlieir appointment.

(a) They shall prepare in duplicate an abstract of receipts and expen-
diture, assets and liabilities of the corporation, and also in duplicate a
detailed .statement of the .same, in such form as the Council directs

yb) They are rerpiired to make a repoi-t on all acco\nits audited l)y
them, and a special report of any expenditure made contrary to law.

((•) Tliey shall also, under a penalty of i<'20 in case of default, ti-ansmit,
by registered letter, a copy of the abstract, and also a copy of the detailed
statement, to the .Secretary of the Hui-eau of Industries, Toronto, and Hie
the other abstract and detailed statement in the office of the Cleric witliin
one month after their appointment, which shall be open to inspection at all
rea.sonable hours to any inhabitant, and who may make copies thereof or
abstracts therefrom.

(d) They shall also make a report upon the value of the securities
given by the Treasurer, the cash balance due fiom the Treasurer to the
municipality and where such balance is deposited, and what secur't' exists
that th(; .same will be available when required by the municipality.

(e) They may in writing refpiire the Treasurer to authorize any bank
or company, with whom the public moneys are deposited, to exhibit the
account to the auditors; ami su-'.h treasurer shall, within twenty-four
hours after de'ivery to him of such re(|uisition, comply therewith ujwn
pain of forfeiture of office.

(/) 'I'he Provincial Tretisurer will retain in his hands all moneys pay-
able to the municipality, if the returns have not been made by the auditors
to th(( Bureau of Industries.

tHli- Auditing Accounts Before Payment. The Council of any
city may, by by-law, provide that the auditors shall audit all accounts
before payment.

184. Auditors to Stamp Vouchers. The auditors, after the exam-
ination of every account, voucher, receipt an<l paid debenture shall stamp,
in indelible letters, thereon the word "audited," and shall also initial the
sam<'; and the municipality shall furnish a suitable stamp and pad for that
purpose.

I8i». Publishing Abstracts. The (!lerk shall publish the auditors'
abstract and report (if any), and also the detaihid statement in such form
as the Council directs; and, in ca.se of a local municipality, to transmit to
the Clerk of the County (^ovnicil a copy of such abstract anil statement,-
who shall keep them on file in his office.

180. Council's Final Audit. The Council shall, upon the report of
the auditors, finally audit and allow the accounts of the Treasurer and

I' I:

MUNICIPAL LAW.

collectors, and all accounts cliaroeable against the corporation, and in case
of charges not regulated by law the Council siiall allow what is reasonable.

1ST. Publication of Annual Statements. The Council of every
town, township and village .shall hold a meeting on the 15th day of
December in each year, or if that day is Sunday, then (jn the following
Momla}', and siiall innnediately thereafter publish a detailed statement of
receipts and expenditure for the portion of the year ending on that day,
together with a .statement of assets and liabilities and uncollected taxes.
A similar .statement concerning the last fifteen days of preceding year shall
be attached thereto. The statement must be signed by the Mayor ov
Reeve ami the Treasui'er, and published in one or moi'e newspapers of the
nuinicipality, and also in such other news])npers circulating in the nnnii-
cipa'ity as the Council may <lirect.

((/) Or instead of publishing the statement in a nt!\\spa|)er thi' Council
may post up the same not later than Decendjer 24th in the office of the
Clerk and of the Treasui'er, and at tli(^ Po.st-otlice in the municipality, and
not less than twelve other conspicuous places therein.

(h) The Clerk shall procure not less tlian one hundred copies of said
statement, and deliver by post one of such copies to electors who first
re(|Uest him to do so, not later than December the 24'th, and shall also .see
that co]Mes of said statement are produced at the nomination.

This section does not apply to Kast Algoma, West Algoma, Nortli
Renfrew, Muskoka, Parry Sounil or Haliburton.

18H. False Financial Statement If any menibei' or officer of a
municipality, or any other per.son, knowingly makes or procures to be made
any untrue entry in the annual financial statement re(|uired iii
previous section, or causes to be omitted from such statement any item
which .shouM be included therein, he is liable, on conviction before two oi-
more Justices of the Peace, to a penalty not less than S.i nor more than
iii'l'O, and the costs.

I8!>. Valuators. The Council of every county may appoint two or
more valuators to value the real property within the county, who shall
every fifth year, at farthest, ascertain the value of the .same in .such
manner as the (Jouneil dii'ects. Such valuators cainiot exceed the powers
possessed by assessors.

The Coui^ty Council shall make the valuation so made the basis of the
eijuilization of the; real property for a piM'iod not ((.\ceediiig five years.
The ('(juilization of per.s(}nal property remains as heretofore.

At or befoi'e the expiration of the said period of five years, the County
Council may extend the time for another ])eriod of five years upon the
.same valuation.

I?>0. Declarations of Ofifice and Qualification. Every person
elected or appointed to any office is requircnl, before tMitering >ipon its
duties, to make and subscribe a solenui declaration of office.

And every person elected or ap])ointed to any office re(|uiring a
property i|ualification shall, before entering upon its duties, subscribe a
solemn declaration according to the statutory forms. (Section 311 to 'ilU,
R. S. O., 18!)7).

MUNICIPAL LAW,

l!M. Before Whom to Declare. Tlie lu-atl ami other niemhers of
Council, as also the subordinate officers of the municipality, shall make the
necessary declaration before some court, judge, police maijistrate or justice
of the peace, or tlie clerk of the municipality. The person so admin-
isterinjf the declarations shall give tlie necessary certificates, and within
eight days deposit the declarations in the office of thti Clerk of that
municipalit}'.

(a) The head of the Council, alderman, reeve, deputy reeve, justice
of the peace, or clerk, may administer oaths, affirmations or declarations
under this Act relative to the business of the place in which he hoMs
office.

(/*) The head of the Council, or the Chairman in his absence, may
administer an oath or affirmation to any person concerning any account or
other matter submitted to the Council.

iiVi- Penalties for Refusal. Every ((ualified person, duly elected or
appointed to be a mayor, alderman, reeve, ileputy reeve, county councillor,
councillor, police trustee, assessor, or collector, who refuses such office or who
does not, in the cjise of a county councillor, within fhirti/ days, and in case
(jf the others tmmtioned, within twrnfi/ <liij/s, after knowing of his election
or appointment, make the declaration of office and qualification (where
re(|uire(l), and every jier.son authorized to administer the same who, upon
demand, refuses so to administer the declarations, shall upon sxnnmary
conviction, before two or more Justices of the Peace, forfeit not more than
SHO nor le.ss than $H with costs, to the use of the nmnicipality.

IJK{. Salaries. In case the remuneration of municipal officers has not
been settled by the Legislatuie, the Council is re(juired to settle the same,
and to provide for tin; payment thereof.

('0 The Council is reipiired to fix, by by-law, the sum to be paid the
('lerk lor his services in carrying out the provisions of the Drainage Act,
!V)r copies of awards oi- other documents, or for any other services rendered
by him other than tho.se which it is his duty to perform.

(h) No Municipal Council shall make an appointment to office, or fi.K
the muneration by tender, or to applicants at the lowest remuncraticm.

liM. Municipal Solicitor. Where a mvuiicipality employs a solicitor
or counsel at a salary, the municipality has the right to receive and collect
lawful costs in all actions as if the solicitor was not receiving a salary, and
the costs were payable to him, in addition to his salary.

105. Tenure of Office. All officers appointiid by the Council shall
hold office until removed by the Council, and .shall, in addition to the duties
assigneil them liy the Municipal Act, perform all other duties re«iuired of
them by any other statute or by the by-laws of the Council.

I!M». A Gratuity may be granted by any Council (other than a pro-
visional council) to any ofKcer of the corporation who, upon his removal or
rt'Hignation, has been in the service of the nnniicipality for twenty years,
and who, while in .service, has become through old age incapable of per-
forming the duties of his office, th(! sum to be paid not to exceed the
aggregate salary for the last three yeais ol' his service.

m
m

iHIti

n^^^v

iMUNIClPAL LAW.

IJJ'J. Bonds of Guarantee Companies may be uccoptcd by the
Council Tor oHieers wlio arc n!(|uii-0Ll to funii.sli socuritios. Whoro other
security has previously buen {fiven, said f^^uai-antoe, bond, or policy tnay be
accnptt'd instead, and the other securities cancelled.

I!>H. Board of Control. In cities liaviii<r a population of 100,000
or ovei there shall be a Hoard of (.'ontrol to consist of the Mayor and
liin • ' men, three of whom shall be a (|Uoruni. The three ald(!rmeii shall
b'' ' J \' the Council at the first inei^tinif of the year.andin caseof failure
to ei tl • first meetini^, tlien within one weel< thei'eafter; they are to bo

elected Ity ballot, and each mend)er of the (■ouncil has three votes, but can
Old'' vote once for one candidate.

'] hr ilarie-i ■' be paid to members of the Board shall be fletermined
by a l>y-i.i., of i iie Courcil, ami shall not exceeil S7()0 ])er annum. They
hold office for tin: year in which they ai'e elected, but are eli<;ible for re-
election.

A member of the Board may also be a chairman of an}' committee.

The Council, al any time after three days' notice, in writinif, to each
mend)er of the Council, may, by an affirmative vote of two-thirds of the
nunnbers of the ('ouncil present and votinjf, i-emove any mcTuber of the
Board of Control except the Mayoi', and api)oint another to till the vacancy.
It must be at a ineetinij specially called foi' the purpose.

I!M>. Duties of the Board 1. 'Jo prepare an estimate of the pro-
posed expenditure of the year, and certify the same to the Council. The
Council niay, by a two-thirds vote of the members present and voting,
authorize additional appropriation or expenditui'e.

2. To [iiepare speciHcations for, and award all contracts, calling lor
tenders, etc. ITpon the opening of atiy tender the Chairman or Board shall
require the ])resence of the head of the department or sub-department with
which the tender is connected, ami, if reipiired, the t'ity Solicitor also.
Such head of the department may take part in the discussions concerning
the tenders, but shall not vote.

The t'ouncil cannot, except upon a vote of two-thirds of the members
of the Council present and voting, reverse or vary the action of the Board
in respect to such ti^ider, when the effect of such vote would be to increase
the cost of the work or to award the contract to a diffi'rent tenderer than
the one to whom the Board has awarded it.

.'}. To inspect and report to the (Council monthly, or oftener, upon all
municipal works in progress.

4. To nominate ail heads of departments and sub-<lepartments in case
of vacancies, and to recommend the salaries of the officers and clerks. The
Council, l)y a vote of two-thirds of the memliei's of the Council present and
voting therefor, may appoint such heads of departments i nd assistants
without such nomination, or refer such nonnnation back to the Board for
reconsideration.

The following ofhcei's are not to be nominated by the Board :

Any member of tin; Hre department, except the head ; nor any assessor,
except the Assessment Conniiissioner: nor the representative of the Council
on the Board of a harbor trustor a corporation ; nor a member of the Court
of Revision.

MUNICIPAL LAW.

46>

■I

Where lieails of departiiioiitH hail tlie power before the 7th day of
April, 18S»(), to dismiss subordinate oHieers oi' employees, they still retain
such power.

."). To dismiss or suspend any head of a department, and forthwith
report the same to the Council. The Council, only by a two-thirds vote,
may reinstate the party.

(). In the aUseiice of any l)y-law of the ' 'ouneil in the mattei', the Hoard
shall control the appointment and duties of all the subordinate officers and
clerks.

7. Where, in the o[)inion of th(; Ijoard, it is advisabh; to amali^aniate
departments, they may submit by-laws to the Council for the .same.

8. The Council may, by by-law, im])ose other duties on the IJonrd, and
re([uire copies of the minutes (jf the meetin<^s of the Board to be returned
to the Council. One week's notice must Ik; <riven foi' tlu'ir return, or other
information re(|uired.

'llw Coiuicil may also, by a majority vote, refer matters back to
the Board for reconsideration. Im all .such votes taken where the Council
seeks to rev(!rse or set aside tin; acliou of th(! IJoai'd, the yeas and nays shall
be recorded in the Council minutes.

9. The Board may appoint a secretary, who shall keep the minutes,
prepare reports of the Board, and perform such other duties as may be
assii^rned him by the Boai'd, the Ma^'or, or the Council.

•400. School Board Estimates The Boards of the Public,Separate and
Hiirli Schools, Police Commissioners, anil Free ijif)rary of the city, respec-
tively, shall furnish to the Hoai'd of Control, on or before the 1st day of
March in each year, their respective annual estimates.

t»i> I

ASSESSMENT.

*iOI. Property Liable to Taxation. All uumicipal taxes shall, where
no other express provision has been made, be levied e(|ually U[)on all the
ratable j)roperty of the nnuiicipality accordin<'' to the assessed value, and
not upon any one or more kinds of property or in different proportions.

*iO*i. Exemptions- I. All property vested in or belon<jin<j to Her
Majesty, also all pro|)erty held for the use of any tribe of Indians, and
either uni)ccu|)ied or occupied Iiy some person ofHcially.

2. Kvery jdace of woiship anil land used in connection therewith,
church yard or buryini^ (ground : but land in which a place of worship is
erected and used in connection therewith, is lial)le to assessment for local
improvements .snme as other lands.

'A. The build ini,fs and ifrount Is attached to a university, college, high
school or other incorporated seminary of learning, not having gain for its
object, whether ve.stetl in a trustee or otherwise, while occupied by such
institution, or if not othei'wise occupied, are exem[)t. The buildings and
grounds attached to a university, college or other seminary of learning, are
liable to assessment for local improvement.

MUNICIPAL LAW.

4. Every public scliool Iiouhc, city or town or towiiHhip liall, court-
house, fffiol, house of correction, lock-up, and public hospital, with the land
attached thereto and personal ])roperty belongniff to each of them.

5. Every pul)lic road and way or public square.

G. The property bolonifing to any county or local municipality, unless
occu])ied by some person as tenant or lessee otherwise than as a .servant of
the ccjrporation for the purpo.ses thereof.

7. Public parks, whether situated vvithin the municipality owning
them or el.sewlua-e.

<S. The Provincial Penitentiary, central prison, and the Provincial
Reformatoiy and land attached thereto.

I). Every indu.strial farm, poor-house, alms-house, house of industry,
asylum, and every lujuse belonyini;' to a com])any for the i-eformation of
offenders, and the real and personal pro])orty belonifing thereto.

10. The property of every ])ublic library, mechanics' institute, ajjri-
cnltui-al (n- horticultural .society, if actually occupied by such society, and
all the lands and i)uildinffs of "joint stock companies for the erection of
exhibition buildings," when the nmnicipality in which such building,s are
erected consents to the exemption.

11. 'i'he personal pro|)erty and official income of the Governor-General
of (.'anada, and the otticial income of the Lieutenant-Governor of Ontario.

12. The houses and premises of the officers, non-conniiissioned ofHcer.s
and privates in Her Majesty's regular army or navy in actual service,
while occupied by them, and not exc(^eding in value $2,000 ; also the pay
or half-pay pensions, salary or gratuity received by p(!r.sons in either
service from the Imperial treasury.

13. All pensions of .S200 and under payable out of the public moneys
of the Dominion of Canada or of this Province.

14. All grain, tlour, live stock or produce of the farm or field in
transitu, held in store or warehouse for the bona fitte purpose of being
shipped to some other place.

15. All horses, cattle, sheep and swine which are owned and held by
any owner or tenant of a farm, and carrying on the general business of
farming or grazing.

IG. The income of a farmer derived from his fai'm, and the income of
merchants, mechanics or other persons derived from capital liable to
asse.s.sment.

17. Personal property invested in mortgage upon land, or due on
account of the sale of land, or invested in the Dominion, Provincial or
municipal debentures.

18. Shares in the capital of a chartered bank doing business in this
Province. The dividends however derived from such shares are assessable.

19. Stock held in any incorporated company whose personal estate is
liable to assessment in this Province.

20. Stock held in any railway, sliares in building societies, and any
company incorpoi'ated for loaning money upon real estate. The interest
and dividends derived from such investments are assessable.

21. Stock held in any toll road, and the income derivable therefrom.

22. All personal property which is owned out of t'.is Province.

MUNICIPAI. LAW.

.lit' I

23. Pergonal property I'liual to the (k'bt.s owing ti]K)n .such property i.s
t!xeiript. Debts securi'd by mortgage u])()ii hi.s property, or the unpaid
account of the purchase money do not secure exemption to tl\eir extent.

24. The net personal property to the vahie of !510() is exempt.

2."). The annual income of any person not exceeding 8700 derived from
his personal earnings, and the annual income of any person to the amount
of !|5-tOO derived from any other source are exempt. No greater sum than
$700 shall be exempt vvhethei' derived from earnings, income or both
combined.

2(). Kental or other income derived from i-eal estate, except interest
(Ml mortgage.

27. Household effects, books and wearing ap])arel.

2.S. Steamboats, sailing vessels, tow barges and tug.s. But the income
derived from such ])ro))erty shall be liable to be assessed.

29. Patent rights cainiot be assessed as ))er.sonal ])roi)erty, but the
income derived from a patent is assessable.

'HKl. Farm Lands in Towns and villages used as such only, and in
blocks of not less than five acre.s, by any one person, shall be a.s.se.ssed as
farm lands, whetlu'r it has l)een divided into lots oi- not, with such percent-
age addled as its situation reasonably calls f(jr.

The Council is also I'ecjuired annually, at least two months before
striking the rate of taxation for the ^-ear, to pass a by-law declaring what part
of said lands shall be exempt (jr partly exempt from taxation for water
works, fire protection, sidewalks, sowers, street watering, lighting, etc.
They are not exem])t from the genei-al rate for the payment of debentures
contracted before the 14th day of April, 1892, or renewals of them.

?J04. Income Exemption need not be accepted by any person who
wi.shes to be assessed for the same to entitle him to a vote, or for other
cause, and in such case .shall be asses.sed.

?405. Property of Non-resident. All real property within but owned
out of the Province, is liable to assessment or exemption, as the case may
be, as other property : ,so al.so personal property in control of an agent for
a non-resident.

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DUTIES OF ASSESSOR.

S04». Assessment Rolls. Every asses.sor shall prepare an assessment
roll, in which the following information shall be entered :

1. The names and surnames in full, if the same can be ascertained,
of all taxable jiersons resident in the municipality who have taxable
property therein :

2. And of all non-resident owners who have given the required
notice to the Clerk to have his name entered on the Assessment Roll for
property held within the municipality ;

3. The description and extent or amount of property assessa- .e
against each.

Property must not be assessed in the name of a deceased person ; but

■PI

MUNTCJPAL LAW.

where thenaiiif of the perwon vvlio should ho ii,sHo.s,se< 1 thfiot'or is unknown
it may he tMitt'icd, " llcprcscntativt .s of A. I>., (h'Cca.stMl."

Tiic assesHOi's in townshijis, towns ami vilhii^'es, shall also i'n(|uire
wliethcr thoi'o has been a birth or death in the family within tlu; previous
twelve months; and if either, whether the same li'is been roi;istercd or
not. If not re^'istered, he shall put the fij^ure " I " opposite the name in the
" Birth " or " Death " column, as tlie case may be, and if re<iisteied the letter
" R " in the column for " i{ei;'istered."

And such further iid'ormation and particulai's as called for in the
thirtv-four cohnuns contiiined in said A.ssessment Holl, aeeonlinjr to Section
1:5 of Chii]). 224, H. S. ()., ISi>7.

!i01. Separate School Supporters. In any case where a Homan
Catholic Separate School isestaljlished under tl)e Se))ariilc ScIwoIn Act, the
assessor shall accept the statement of a ratepayer, or a statement made on
his l)ehalf and with his authoi'ity, and not otherwise, that he is a Uoman
Catholic, and enter such person in the ])ro])er cohnnn as a Si-parate School
supporter. Jf the assessor knows pei'sonally that such ratepayer is a
Roman Catholic it is also sufficitMit foi' ]ilacin<f his name in such column.

•iOH. How Property is to be Estimated. Excejit in ease of mineral
lands, real and personal ])roperty shall be estimateil at their actual casli
value, as they would beapja'aised for payment of a debt by a.w/!*7'/)/ debtor.

3Iineral lands and their buildin{>s are to lie assessed as other lai Is in
the nei;4hborhood for ajfricultural purpo.ses, as the income derived from
such mines is subject to ta.xation.

*JOJ>. Pleasure Grounds, j)ark or jrurden used in connection witli a
residence, and not held for the piirjjose of sale, shall be asses.sed at a valua-
tion, which at six per cent, would yield a sum eijual to the annual rental,
which, in the judjiuient of the assessor it is reasonably worth, accordinij to
its po.sition and local advanta^^es, except in cases where the Council, by by-
law, re(|uires it to be assessed as other grounds.

'Hi}- Toll Roads. Plaid<, macadamized or otlier toll roads, not owned
by a municipality, shnll be as.sessed as real estate, takin<f into consideration
the land occupied by the road, the materit'il used in its construction, build-
mgs and toll jjjates, ipiarries and j^ravel pits, and roads lo and from such
places, anil used in connection therewith. Bridj^es of over 100 fi>et long
and the approaches thereto are not to be included tlu'rewith.

Where such road runs into or through more than one municij)ality,
each municipality shall assess only such part as lies within its limits.

^11. Assessment of Income. It is only the excess of income over
and abovt; the ])ortion that is exempt from taxation that is liable for
a.ssessment.

"ZVi. Assessment of Merchants. The Council of a municipality
may pass by-laws for imj)osing a business tax in I'espect to all classes of
mercantile business without classification, providing such business tax does
not exceed seven and a half per cent, of the annual value of the premises
in which the business is carried on. Where such business tax is im|M)sed

MUNICIPAL LAW.

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tlie (JOi'Hoiwil property l(ul(jii;^iii;f tit tlic l)U.siiirsHshiill not ho. lial)li' toasst'SM-
ineiit or tiixation, 'J'lie annual valuu ol' the premises is (luoniod to br an
amount ivj.M'csentinjjj swen per cont. on tlu' assessed real value of the
premises,

'illl. Personal Property ol' incorporateil coinpanies sliall l)e assesHed
Hf^ainst tlie company.

The personal property ot' a partnei'ship shall be; as-sessed ajfainst the
firm at tlu; usual ))laee of business, and not aj^ainst tlie individual members
for their individual shares. If it has more than one place of business each
brancli shall, as far as practicable, be assessed in the locality where it i.s
Hituate, for the pcn'tion of personal property belonj^inff to that branch.

Person.s carryiuff on any trade, business (ji- ])i'ofession, havin},^ personal
propei'ty in two or more municipalities of wanls, or has two or more places
of business in ditlerent Muniici])alitit's or wards, he sliall be assessed at each
tor that portion of the personal ]a'o])erty conntH-ted with the business
carrieil on thereat, as nearly as ])ossible.

If a person lias no place of business he shall be asscs.scd at his place of
residence.

*^I4. Assessment of Salaries. Kor all persons drawing; salaries or
waj^es for employment in the municipality in which he does not reside,
shall be in the nuuiicipality where the labor is performed, and not at his
place of residence. This does not a])[)ly to clerj^ymeii, county nujuicipal
otHcers, jrovernment oHicers oi' to otHcers of local miniicipalities, where the
location of the office is fixed by law or rej^ulation, but the assessment in
such cases shall be in the municipality wherein the incumbent resides.

'iiH- Personality of Non residents shall be as.se.ssed in the name of
the a^'ent or ])erson in control of the same.

'4Hi. Joint Owners, resident in the nuinicij)ality,of personal property
shall be assessed separately.

'il7- Executors or trustees, beinjj in sole possession or control of per-
sonal property, shall be assessed for such ])roperty, with the adilition to his
name of his representative character, and the assessment carried out in a
separate line from his individual assessment.

/JIH. Statement of Property. (1) Particulars about the real or per-
sonal property assessable aj^rain.st any person called for by the A.ssessmeiit
Roll, are re(|uireil to be ^iven by such persons to the assessors, and if the
assessor has reasonable groinid to doubt the correctiu-.ss of such statement,
he may require it to be i^jiven in writinif. (2) The assessor may also
require in writing from every corporation within the nnuiicipality whose
dividends are liable to taxation, to furnish him a written statement, certi-
fied by the principal of the corporation in this Province, of the names of
shareholders liable to be assesscnl for their incomes by such inunicijjality,
and the amount of stock held by si:"h persons on the day named for that
])urpose by the assessor, the amount ol bonuses and dividends declared
during the preceding twelve months.

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M UN TCI PAL LAW

Tlu: HHHOHHor i.s not hound to bu f^ovcrncd hy nuy ol' tho prcocilinj,'
Htatcnicnts, luit may anscss sucli pci'sons hh lie dccnis to ln' Junt and correct.

The penalty, upon coniiilaint of the ussetssor and convict ion before a
Justice ot the huice, for failure to ^ive such statement as is reipiired in tlie
first suli-division of this section is u tine of i<'20, and for tlie second sub-
division of tliis section i^lOO, and for iuiowingly stating anytliiiig falsely
therein !?-')().

•^10- Return of Assessment Roll. Kxcept in cities, towns and vil-
layi's where liy-laws of tlie Council provide ditl'ereiitl}', every asscssoi' shall
beifin to maUe his roll in eacli year not later than the l.')thdayof February,
and shall complete the same on or before the MOth day of April, and attach
thereto his attidavit made before the Clerk, or a justice or a conuiiissioner,
and deliver to the Clerk of the Munieipality said Assessment Roll, com-
]ilete(l, adde(l up and atlidavits attache<l.

The Clerk shall forthwith tile tht; same in his otiice and leave i \

for inspection l»y interested parties at all reasonable hotnu

'WO. Special Provisions. I. In cities, towns and villages the Council
may pass by-laws for taking the assessment between July lstand.Se|i-
tember liOth, the rolls being returnable in such case to the Clerk on or before
October 1st, and the time for closing the Court of Revision the l.')th of
Novemlier, and for final return by the Judge of the County Court the 31.st
day of l)ecend)er.

2. The assessment so made and concluded may be adopted by the
Council of, the following year, on which the rate of taxation for said follow-
ing year .shall bo levied, and the assessment of the preceding year as the
basis of the assessment for that year ; and even if not completed by the 31st
of December, it may still be so adopted.

3. In cities having a population of 30,000 or more, the assessment may
be made between May 1st and September 30th.

4. Councils of cities having a population of 100,000 or over may, b}-
by-law, provide for taking the assessment at any time before September
3()th, and for .separate dates for the return of the roll in each ward, ami
also provide for a Court of Revision for hearing appeals fi-oni the assess-
ment in each ward upon the rcitiu-n of the A8ae.ssment Roll for such ward.

'i'ii- Appeals. The time allowed in municipalities named in previous
section ft)r appeals fronj the assessment to the Coui't of Revision, shall be
within five days aftei' the return of the roll from each ward, and the time
for appeals from th" Court of Revision to the County Judge shall be within
three days after tlie decision of the Court of Revision.

The Judge shall arrange; to hear such appeals from time to time
throughout the year within ten da3\s after the sitting of the Court of
Revision, and shall complete his revision of the last of such rolls for the
city by the 20th day of October in each year.

'i*i'i. County Councils may pass by-laws for taking the assessment
' in towns, town.ships and villages between the first day of February and the
first day of Juh'.

MlNICirAI. I>A\V.

If such hy-Iii\v cxtcmls tin; tiiiic I'or foniplctiuj,' the AsscssniL-nt Rolls
liryond tiie 1st day of May, then the time tor cloHiii;; of tlio (.'ourt of
llcvision sliall ho six wfuks from th(! ilay to which such time is cxtcmlcil,
.111(1 the time for tiiial return, in case of an appeal, sliall ho twelve weeks
from that day.

COUUT OF UEVISIOX.

'fill. In Cities the Court of Revision siiall consist of thiee meml)crs,
one of whom shall he appointed hy the City Council, and one by the
Mayor, and the third shall lie the otKcial arhitratca- ajipointed for the city.
In cities where thei'e is no ofKcial arhitrator ihe Sheriff" of the county .shall
lie the third.

1. No meml)er of the City Council, and no officer or eiiipl(;yee (jf the
corporation shall he a memher of the ("ourt of Revision.

2. Remiuieration of meiiihers in cities of 100,000 or more inhabitants
shall not he paid more than !?")00 each per aniunn, and in cities of .'J0,000
or more, but less than 100,000, not more than !*:W0 per annum, and in other
cities each niember .shall be paid such sum per annum as the Council may
determine.

H. The appointed members hold office luitil their .successors are
appointed, but the Mayor or Council may each, or either of them, after the
iir<fanization of a new Council, and liefore the 1st day of ^larch, appoint a
iiiend)er of such Court of Revision in place of any member appointed by
the ^layor or Council, respectively, in a preceding year.

4. Two members shall constitute a ([U(n'inn.

5. Vacancies shall inunediately be filled by the authority which
appointed the meml)er .so dying oi- resigning. In case of a vacancy in the
office of sheriff" or the sheriff being unable to act in cities where there is no
official arbitrator, the Rc'gistrar of Deeds for the comity, whose office is in
the city, shall act as the third member during such vacancy.

/8/54 In Other Municipalities than cities, if the Council consi.sts of
not more than five members, such five members shall be the Court of
Revision for the municipality.

If the Council consists of more than five membei-s, then the Council
shall appoint five of its meml)ors t(j he the Court of Revision.

Three mend)ers shall be a (inorum.

1. No member of the court shall act as a member when an appeal is
being heard respecting property in which he is interested, directly or
indirectly.

2. The Clerk of the Municipality shall be the Clerk of the Court, and
record the )n-oceeding.s.

3. The first meeting of the Court of Revision shall not be held until
after the expiration of at least ten days from the exjiii-ation of the time
within which appeals may be given to tlie Clerk of the Municipality. Any
member of the court may administer an oath to witnesses.

4. A person sininnoned to attend a Court of Revision or before a
County Judge as a witness fails, without sufficient reason, to attend,

MUNICIPAL LAW.

haviiii,' Ijocii tondered coniiieiiHatioii for liis time, at the rate of 75 cents
per (lay, and lii.s travelling expenses if he resides more than three
miles from the place of trial ; or if, being present in the court but refuses
to be sworn if re(|uii'ed to give evidence, he shall incur a penalty not
exceeding i*25 and costs, to be recovered of any person suing for the same
in a Division Court.

'Z'iH, Proceedings. Notices of complaint by persons aggrieved or
their agents must be given in writing to tiie Clerk of the Municipality
within fourteen days after the day upon which the roll is reijuired by
law to be returned, or within fourteen days after the return of the roll, if
not returned within the i-e((uired time, 'fiie notice nnist give a name and
address where notices can be served by the Clerk. Any elector who
thinks that another person has been assessed too low or too high, or his
name wrongly inserted in or omitted from the roll, may give such notice
to the Clerk, and the Clerk shall give notice to such per.son and to the
assessor of the time when such matter will be ti'ied by the Court of
Revision.

The Clerk of the Court shall post up in some convenient and ])ublic
place within the nnuiicipality or ward, a notice of all the complaints made,
stating the names of each, description of the matter complained against,
and the time when the court will be held to hear the complaints.

The appeals shall be taken in the ord(!r in which they were received
by the Clerk: but, an appeal, may be adjourned.

'i'Zii. Appeals from the Court of Revision. An a])peal to the
County Judge shall lie not only against a decision of the Court of Revision
on an a])peal to .said court, but also against the omission, or neglect, or
refusal of said court to hear an a])])eal.

1. Ivxcejtt in municipalities whei'e provision lias l)een made by by-laws,
the per.son appealing nnist, within five days after the time limited for the
closing of the Court of Revision, serve a written notice u])on the Clerk or
A.sse.ssmeiit Comnn.ssionei', if there be one, of his intention to appeal to the
County .ludge.

2. The Clerk shall, immediately after the time limited foi- filing said
appeals, forward a list of the same to the Judge

3. As soon as the Judge notiHes the Clerk of the day appointed for
hearing the same, the Clerk shall j)ut uj) a cons])icuous notice in his office,
or t lie j)lace where the ^lunicipal Council hold their meetings, giving the
names of appellants, persons appealed against, the grounds of the a, )eal,
and the date when the court will Ixs Ix^ld to hear the appeals. The
c ecision of the Judge shall be final, and the Clerk shall atnend the rolLs
accordingly. The costs will be apportioned by the Judge.

VOTKIiS' LISTS.

'i'Z^- The Clerk is re(|uired, immediately after the final revi.sion and
correction of the A.ssessment Roll in every year, to make a correct alpha-
betical list in three ])arts of all persons being of the full age of twenty-one

MUNICIPAL LAW.

years, and isnl)jectH of" Hlt iMiijest}' by birth or iiaturalizatioii, and appear-
injj by the Assessment Roll to be voters in tlie nuniiei])ality, and pretixinp-
to eacli bis number upon the roil. The name uuist only be once in each
])art.

1. The first part shall contain the names, in alphabetical order, of
all subjects by bii'th or naturalization of twenty-one years of afj;e, a))])earin{f
by the Assessment Roll to be entitled to vote in the nuniici])ality a*-, both
nmnicipal elections and for members of the Legislative Assembly.

2. The second part shall contain the names, in al])haljetical order, of
all male persons, widows, and unmarried women twenty-one years of age,
and subjects as previously stated, and appearing on the A.sse.ssment Roll to
be entitled to vote at municipal elections only, and not for members of the
Legislative Assembly.

ti. The third part shall contain the names, in alphabetical order, of all
other male jjer.sons twenty-one years of age, an<l subjects as previously
stated, jippearing by the Assessment Roll to be entitled to vote at elections
for members of the Legislative Assembly only, and not at nnnncipal
elections.

Where a municipality is divided into ])olling sub-divisions there must
be such lists prejiared for each sub-division.

Opposite the person's naui • the Clerk shall mark the (jualification —
whether " Manhood Frant:iiis' ," " Real Pro])erty," " Farmer's Son," (!tc. — as
])rovided by the Ontario V<;ters' Lists Act.

The Clerk shall also, in making out the voters' lists, in the column con-
taining the number of the vo^er <k\ the roll, or in a separate cohnnn beside
the same, mark the lettei- " J opposite the name of every male per.son
between the ages of twenty-one and si.xty. who is {|uaIiHed to .serve as a
juror, and the? list shall show at or neai' the end thereof the aggregate
number of such (|ualiHed persons to serve on juries.

Th(! Clerk nnist al.so make out, with the Voters' List, a schedule con-
taining the names, numbered con.secutively, of every Post-office which, by
the Assessment Roll, appi'ars to be within the knowledge or belief of the
Clerk, the proper Post-office address of evei'v person on the list.

H'iH. Distribution of Lists liumediately after the Clerk l.as made
the alphabetical lists, and within forty days in cities and thirty in other
nnniicipalities, after th.e final revision of the Assessment Roll, the Clerk shall
have at least two huiulred copies printed (in ])amphlet form where practi-
cable) and forthwith to post up, and keep posted up, one of the ])riiited
copies in a conspicuous place in his office, and ^-^ deliver or transmit by
n^gistered parcel three copies to the Judgt' of the County Court, and two
copies to each of the following persons: (I) Kvery memb(;r of the ]\[uni-
cipal Council, except the Reeve: (2) the Ti-easurer; {'i) Sheriff; (4) Clerk
of the Peace: ('•>) every Postmaster in the nnniicipality : ((3) every Head
Master or Mistress of a Public or Separate School in the nnniicipality;
(7) the County Clerk.

The Clerk shall also forthwith deliver to or transmit ten copies to
each of the following persons: (I) The nuMnber of the House of Commons
for the electral district in which the municipality lies ; (2) the member of
the Ijegislative Assembly ; (3) every candidate for whom votes were given

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MUNICIPAL LAW,

at the then last election for the House of Commons and for Legisliiti\e
Assembly ; (4) the Reeve of the nmnicipality.

Upon each copy of the list so sqnt out shall be a printed certificate
over the signature of the Clerk, that such list is a correct list of all persons
appearing upon the last revised Assessment Roll to be entitled to vote at the
nmnicipal and provincial elections, and calling upon all electors to examine
the list and, if errors or omissions are discovered, to take innaediate pro-
ceedings to have the same corrected.

'i'Z9. Copies to be Posted Up. TheSheriff shall, immediately upon
the receipt of his copies, post up one in a conspicuous place in tlie Court
House, tlie Clerk of the Peace post up one in his office, every head teacher
to post up one on the door of the school-iiouse, and every postmaster to
post up one copy in the Post-office.

58JJO. Notice in Newspapers. The Clerk siiall innnediately cause to
be inserted once in some local newspaper, or if none published in the juuni-
cipality, then in one published in a neighboring municipality or the county
town, a notice that he has transmitted such copies of tlie list as recjuired,
and give the date of the first posting up of the list in his office.

If within thirty days after the Clerk has jiosted up in his office ni)
complaint is received by him, he shall forthwith apply, either in person or
by letter, to the Judge tocertifiy three co])iesof the list as being the revised
list of votei-s for the nmnicipality. The Judge retains one copy, transmits
one so certified to the Clerk of the Peace, and one to the Clerk of the Muni-
cipality, to be kept by him among the records of his office.

?J3I. Revision of Lists. The lists are subject to revision by the
County Judge at tiie instance of any voter or a person entitled to l)e a
voter in the municipality for which the list is made, or in the electoral
district in which the nuniicipality is situate, on the ground of names of
voters being omitted or wrongfully stated, or of names l)eing on tlie list
who are not entitled to be voters, or persons disiiualiHed under a penalty.
Upon such revision no person .shall be disentitlefl to have his name entered
on the list, either because he did not deliver the .statement reipiired by
the Assessment Act or beeau.se his name was omitted from the As.sessment
Roll. The Judge's decisioji is final.

'iii'i. Persons Entitled to be Entered. In case of a jteison havii-g
died or parted with property in respect of which his name was legally on
the Voters' List, the person who was in possession of the property at the
time of the final revision, and who is otherwise <iualified to be a voter at a
nmnici|)al election, may apply to have his name entered on the list in plac"
of the first-mentioned j)erson.

Also persons who will be of age within sixty ilays from the final
revision of the Assessment Roll, are entitled to apply to the .Imlge to have
theii' names entered on the V'oters' List, or on the Assessment i{oll and
Voters' Li.st, as entitled to vote at nnniicipal elections.

Every other person who is entitled to be asses.sed or entered on the
Assessment Roll, has a right to apjjly to the judge to be .so entered on the
Voters' List.

MUNICIPAL LAW.

Every pereon who is entitle-l to liave his name on the Assessment
Roll or Voters' List may be entered without an application for the same,
or otlier persons may make application to have the name of any other such
person to be entered on the Voters' List or Assessment Roll.

Any person who has become (jualitied after the completion of the roll,
but before tiie expiration of the time for appealing against the N'oters' List,
or application to the Judge, is entitled to Vie entered on the lists as a voter.

The Ju<lge has power to correct the lists as the evidence in each case
may, in his opinion, warrant.

The person entitled to be a voter in making the complaint shoidd,
within thirty days after the Clerk has posted up the Voters' List in his
office, leave with him a notice in writing of his complaint, and intention
to apply to the Juflge in respect to the same. If the office of the Clerk
through any cause is vacant, the notice may be given to the head of the
Council.

?JIW. Notice of Holding Court. The Clerk is retjuired to give te)i
da^'s' notice in some newspaper published in the municipality (or if none
published there, then in a, paper pul>lished in the nearest municipalitj' or
in the county town) of the time and place forliolding the court.

The Judge is recjuired to so arrange the sitting of the court so that
the complaints may be heard and the list finally i-evised and certified
within two months of the last day allowed for making complaints.

5JI84. Penalty for Non-Attendance- K\ery person receiving a
subpiena to attend as a witness must attend if the allowance for his
expenses, according to the Division Court scale, is tendered him. This
does not apply to persons whose rights are in ijuestion before the court.

Persons who have been properly subpoenaed (whose right to be a

s not attend, the Jud<r

jject of uiquiry)

lay

name
reason

otl' the list or refuse to add it on, as the case may be, or impose a

able fine, or both.

'ilta. Clerk's Remuneration. If the ijy-law proviiling for his
a])pointment and rennmeration <loes not include the work in respect to the
revision of the lists, he shall, in that case, be entitled to the following fees:

1. Two cents for every name entered in the lists of complaint, and in
res])ect to whom appeal was made.

2. Two cents for every name entered in any necossnry copy of the
.said lists of comj)laint.

3. Eight cents for every nece.ssar}' notice to any party complaining
or comjilaineil against.

4. Three dollars for every day's attendance on the sittings of the
court for the revision of the Voters' List.

5. And to tlu' actual and reasonable disbursements, if any, necessarily
incurred by him in serving the notices, when served by himself.

'ilUi. Constables' Fees. Persons acting as constables arc entitled
to 81.50 for evi'i'v day's att- iidance, and ten cents per mile one way for
each mile actually and neces.sarily travelled in serving the notices and
processes, and all other .^trvices in connection therewith, when allowed by
the Judge.

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'II. If

MUNICIPAL LAW,

'ilil Costs occasioiiod b^- errors maj- be ordered to be paid by the
persons responsible tiierel'or, whether the assessor or clerk, or either one
jointly with others ; and in case the error be on tlie part of tiie Court of
Revision the muniei])ality shall pay the costs, or sliall jointly with any
person: and where not specially provided for, the costs shall be in the
discretion of the .Judf,'e.

•i:W. Neglect of Duty by Clerk. The lists shall not be vitiated by
a failure of the Clerk to perform his duties within the time appointed.
In case the Clerk fails to perforin any of the duties aforesaid, the Clerk
of the Peace shall forthwith apply to the Judfje to enforci' the performance
of the .same. Any jjer.soii entitled to be named as a voter on the list may
also make the api)lieation to the Judije.

The pfUJilty for neglect to perform his duty in connection with the
li.sts iiicins a penalty of !?200 for each such omission.

If the Clerk of the municipality, or the Clerk of tiie Peace, or any other
])eis()n wilfully makes any alti.'ration, omission or nicorrect insertion, or in
any way wilfully falsifies any certified list oi' copy, or permits the same
to he done, shall incur a penalty of !i!'2,()0().

'iIM>. Colorable Transfer of Property. Any person who becomes a
party to any lease, or deed, or other instrument, or the party to any verbal
arrangement whereby a colorable interest in land or a tenement is con-
ferred in order to ((Ualify a pei"son to be a voter, becomes liable to a
penalty of ."?l()0; and a person who induces or attempts to induce a person
to commit such ott'ence is liable to a likt! penalty.

ri40. Recovery of Penalties. The penalties mentioneil in the two
preeedino- sections may Ih" recovered, with costs, l)y any person suing for
the .same in any couit of competent jurisdiction.

'i4t- Creation of False Votes. If the Assessor has reasonable
grounds to suspect that any i)er.son claiming the right to l)e assessed has
not a just right to be as.sessed, he is reipiired to make rea,sonable in(|uires
before entering such person's name on the roll.

Any Assessor who wilfully ami impropeily inserts a person's name (m
the As.sessment Roll, or assesses a person too high with the intent of giving
such ])erson a vote, or who improperly omits the name of a person from
tlu! roll, or itssesses a jier.son at two low an a.ssessment with the intent in
either case of dt^priving a per,son of his right to bt- a voter, shall, upon
conviction before a court of competent jurisdiction, be liable to a fine not
exceeding $'200, and im])risonment unti' the fine is paid ; or to imprison-
ment in the conniion gaol for a perioil not exceeding six months: or to
both fine and imprisoinnent, in the discretion of the court.

'i4'i- Right to Inspect and Copy Documents. Any voter, or person
entitled to be a voter, or any agent of su(!h ])er,s()n, shall be entitled at all
reasonable times, and under rea.sonable restrictions, to inspect and take copies
or extracts from the Asse.ssment Itoll, notices, complaints, applications, and
other papers resjjectiiig the assessment !"oll and voters' lists.

'i4ll Clerk to Furnish Copies. 'I'he (^e'rk of the Peace or the Clerk
of a nuuiicipality shall furnish a certified copy of li.sts, or parts of lists, to

MUNICIPAL LAW.

any person re(juiring the siime, at the rate of four cents for every ten worths
on tlie list recjuired, or to furnish printed copies at the rate of six cents f(M'
every ten words. Tiie alterations made therein shall be verified by the
officer, placing his initials in oloso ])roxiuuty to such alterations, (^r the
person may, in lieu of the Voters' List, recpiire from siicli officer a copy of
the statement of the alterations and corrections made 1 y the Judge at the
same rate as previously mentioned.

?i44. Ward Lists The remainder of the matter concerning Voters'
Lists given here applies to cities having a population of over 100,000,
in which a by-law has been j)assed for taking the assessment at a
time prior to September .'JOth, and fixing prior and separate dates for the
return and final revision of the Assessment Rolls for each ward or sub-
division of a ward.

1. Within fifteen <lays after the final revision of the Assessment Roll
for any ward or sub-division of a ward, the Clerk of every city shall make
up, print and distribute the alphabt^tical list of voters for such ward, and
forthwith po.st up the list in his office, give notice in the manner mentioned
in Section 2.*J0, and the notice shall state the boundaries of said ward.

2. The time for making complaints as to errors or omissions in such
lists shall be within seven days after the publication of the notice.

3. If no complaint respecting the list is received by the Clerk within
seven days after he has posted up the list in his office, he shall forthwith
iipply in person, or by letter, to tlie Judge lo certify three copies of the
lists as being the last revised list of voters for the wanl, one to be retained
by the Judge, one to be transmitted by him to the Clerk of the Peace for
the county in which the city lies, and one to the C'lerk of the Municipality,
to be kept among the records of his office.

4. The County Judge must arrange so that all complaints maj^ be
heard, and the lists for the ward finally i-evi.sed and corrected within ten
ilays after the last day allowed for making complaints. The lists for each
ward shall be made uj) and finally levised iicfore the 1st day of December.

5. Forthwith after the printing and posting U]) the last of such lists,
levised and certified toby the Judge, the Clerk shall have them bound up
together. Immediately after posting up the last of such revised list, the
Clerk shall give notice in each daily newspaper published in the city,
calling upon all persons who are aware of any ei'rors in the said lists, or of
changes which have been rendered necessary through any cause, to give
notice of the same, and naming a time and place when the Judge will finally
revise the lists for the whole city.

0. The Judge at such last sitting will make whatever changes are
rendered necessary in his certitietl copy of the Voters' Lists for each ward,
;',nd initial the alterations so made. The Clerk shall also make the same
alteiationsin his certified copy, and when so made the Judge shall initial
the same. The clerk shall then prepare a list of all changes made in the
lists at the last sitting, which shall bt> certitieil to by the Judge and delivered
to the Clerk of the Peace with the last list as revised, who shall l)ind U])
the same with the copies previously certified by the Judge, and deliver the

same to the Clerk. The sai<l lists as so tit

lallv revised, corre(

•ted

an(

•1|

I til

certified, shall form the last revised Voters' List for the city within the
meaning of this Act.

xMUNICIPAL LAW.

BY-LAWS.

Every l)y-liiw must be under seal, and signed by tlie head of tlie
Council, or by the person presiding at the meeting at which the by-law
is passed, and also by the Clerk of the Corporation.

*i4.'». As Evidence. A copy of any by law, written or printed, with-
out erasure or interlineations, under seal of the cor[)oration, and certified
to be a true copy by the Clerk and by one member of the Council, shall be
deemed authentic, and be received in evidence in any court of justice with-
out ]>r()of of seal or signature, unh ss specially alleged that the seal, or one
or both the signatures, have been forge<l.

'i4ii. Government Approval of By-Laws. The facts re(|uired to
be recited in a by-law, wiiich recjuires the approval of the Lieutenant-
Governor in Coinicil, nuist, before receiving such approval, be verified by
Holenui declaration by the head of the Council, Treasurer and Clerk, and
by such other person and on such other evidence as the Lieutenant-Gover-
nor in Council may recjuire. In case of the deatli or absence of any of the
nuniicipal officers mentioned, then upon the declaration of any other mem-
ber of the Council whose declaration the Lieutenant-Governor in Council
accepts.

!44'J. Opposition to By-Laws. In case any ratepaj-er objects to the
passage of a by daw which reijuires to be preceded by an application of a
certain number of ratepayers, he shall, on petitioning the Council, be
permitted to attend in person, or his counsel or agent, before the Council
or connnittee at the time the by-law is to be considered, and produce
evidence : That the necessary notice of the application for the by-law was
not given : oi' tliat certain signatures to the application are not genuine, or
obtainci] upon incorrect statements; or that the proposed by-law is con-
trary to the wishes of the persons whose signatures were so obtained, and
that the remaining signatures do not amount to the number nor represent
the amount of property necessary to the passing of the by-law.

If the Council is satisfied, upon the evidence, that such representations
are correct, the by-law shall not be passed.

V()TI>(J ON BY-LAWS.

In case a Ijy-law re([uires the assent of the electors bt^fore the fiiuil
passing thereof, the proceedings to bi^ taken, except in cases otherwise
])rovided for, are as follows :

•^4K. Time and Place. The Council shall, by by-law, fix the day,
hour and place, or jilaees, for taking the votes, and appoint the deputy
ri'turning officers. The day so fixed nuist not ho less than three nor more
than five weeks after the first publication of the by-law.

'149. Publication of By-Law. The Council shall, before the final
passing of th(> by law, publish a cojiy of it in some i)ublic newspaper.

MUNICIPAL LAW.

either in the municipality or in tlie county t<5wn or adjoininj^ local muni-
cipality, as the Council may designate by resolution, at least one issue each
week tor three consecutive weeks, and also post up a copy of the by-law at
four or more of the most public places in the municipality.

Appended to the copy of the by-law so published and so posted iinist
be a notice sii^ned by the Clerk of the Council, statinjf :

That the copy is a true copy of the proposed by-law :

That the by-law will be finally passed, if the assent of the electors is
obtained, after one month from the time of the first publication thereof
(statinfij the date) ;

And that at the hour, day and places therein fixed for taking the
votes of the electors, the poll will be held.

!J.»0. Ballot Papers. The Clerk is required to furnish a sufficient
number of ballot papers, to be printed at the expense of the nmnicipality,
and to be in form according to Scheilule " J," page 2G9D, R. S. O., 18!)7.

251. Summing up of the Votes. The Council shall, by the by-law,
fix a time when and a place where the Clerk of the Council shall sum up
the votes given for and against the by law : also a time and place for the
appointment of persons to attend at the various polling places, and at the
final summing uj) of the votes by the Clerk on behalf, respectively, of tin;
persons interested in and promoting or opposing the passage of the by-law.

Ha'i. Selection of Agents. At the time and place named (previous
section), the Mayor or head of the Council shall appoint, ni writing signed
by him, two persons to attend at the final summing up of the votes, and
()i\c person to atten<l at each polling place on behalf of the persons inter-
ested in and desirous of i)assing the by-law, and a like number on behalf
of the persons interested in and desirous of opposing the passing of the
by-law.

Before any jierson is so a])pointed he shall make n. declaration before
the head of the nuniicipality that lie is desirous of promoting or opposing
the pn.ssage of the by-law (Schedule " K ").

'iHll. Admission of Agents to Polling Place. Persons so appointeil
sliall, before being admitted to the polling place, or the summing up of the
votes, as the case may be, produce to tlie Deputy Returning Officer or
Clerk of the Mimicipality, as the case may be, his written appointment.

In the absence of any person duly authorized, any elector in the same
interest as the person .so absent may, upon making and sub,scribing before
the ])eputy Returning Officer or the -Clerk, as the case may be, a declara-
tion as before mentioned, be ailmittetl to the polling place in ))lace of the
person .so absent.

*/Ji»4. Exclusion from Polling Place. During the time appointed
lor polling no person shall l)e admitted to the polling place other than the
officers, clerks and persons or electors authorized to attend.

!455. Voters' List. In a municipality divided into wards the Clerk
is recjuired to prepare ami ileliver to each <leputv returning ofHcer of a
ward or polling sub-division, before the poll is opened, a Vciters' List for

'iL' i

MUNICMPAf. LAW,

HiU'h suh-divisioii containing' t\w names, alphabetically arranfred, of all
persons ap[)earin}f hy tlie then last revised Assessment Roll to be entitled
to voti! in that ward, said list to be attested by his solemn declaration in
writinij.

Incase of nnniicipaiities not divided into wards or polling sub-divisions,
the Clerk shall i)rovide himself with all the necessary papers, and perform
each and all the several duties imposed upon the deputy returnin}^ otiicers.

THE POLL.

'^aa. On the day and at the hour fixed, a poll shall be held and the
vote taken by ballot.

Tlie proceedings at the poll and incidental thereto, together with the
duties of the Clerk and de[)uty returning ottieers, shall be the same a«
nearl}' as may be as at nnuiicipal elections, and all the provisions governing
the same (from Sections i:{iS to 206, inclusive,) shall apply except as other-
wise specially provided.

Tlie printed directions to the tleputy-returning officers shall be in tlie
form of Schedule " L ".

'iHl. Who Can Vote. The persona entitled to vote on such by-law
are:

Freeholders who are entitled to vote at a municipal election (see
-Section 81) an<l are vamed on the Voters' List

Leaseholdei's who would be entitled to vote at a municipal election,
whose lease exten<ls for the period of tiiiu! within which the debt to be
conta'acted or the money to be raised under the by-law is made payable,
and in which lease the lessee has also covenanted to pay the municipal
taxes. (This does not apply to by-laws respecting local improvements,
under Section 682, unless he has covenanted in his lease to ])ay local
improvement taxes.)

For new municipalities in which there has not been any Assessment
Roll, the re(iiiirements of being named on the list, and being rate<l on the
roll, shall be dispensed with; but in such case the person ottering to vote
must po,ssess all the other (|ualifications, and be at the time a resident of
the municipality, and have then sufficient property to entitle him to vote
if he had been rated for such property, and must also name such property
to the Deputy Returning Officer, also at the reijuest of any one entitled to
vote the deputy returning officers shall note such property in the Voters'
List opposite the votir's name.

'iHH. Where to Vote. Electors may vote in each ward in which
they are (jualified to vote.

Electors acting as dejiuty returning officer, or poll clerk, or agent
may vote where they are appointed and acting in that capacity, on pro-
duction of a certificate from the Clerk to that efiect. I'he certificate must
state the property or other (lualification entitling him to vote, and such
certificate must be attached by the Deputy Returning Officer to the
Voters' List.

MINICIPAL LAW.

'4^9. Challenging a Voter. Any ratiipayoi- t-ntitlod to vote, or the
Deputy Rotuiin^f Otlicor, nmy ru<|uire the votor to tako the proscribcnl
oath, or atfirinatioii, or any part of it desired, before liis vote is recorded.

No (]uefttioii .shall be a.sked the voter except with respect to facts
specified in the oath.

'Mitt. Returns of Deputy Returning Officers. The duties of the
Dcputy-Retiirninjij OtHcei- after the close of tiie poll are j^iven in Sections
.Sr)9 to 3(i3, inclusive. Similar to those retjuired at municipal elections, for
which see also Sections 80 to !)4, this book.

?J<»I. Clerk to Declare Results. After receivin<:f the ballot papers
and statements, the Clerk shall at the time and ])lace appointed by by-law,
in the presence of the persons authorized to attend, without openiiiff any
of the sealed packets of ballot papers, sum u|) from such statements the
number of votes for and ai^ainst the l)v-law, and shall then and th(;i"e
declare the result and forthwith certify- to the Council whether the electors
voting have approved or disapproved of the by-law.

'Ul'i. Clerk and Casting Vote. Where the assent of the electors or
of tlie rat<'payers, or a ])rop(jrtion of them, is necessary to the validity of a
by-law*, the Clerk or other oHicer shall not be entitled to j^ive a castin<;
vote.

'Hill- Secrecy of Proceedings at Polling Places. Every officer, oi-
(^lerk in attendance at a poUinj;' ])lace, shall maintain and aid in maintain-
in{^ the secrecy of the votini; at the polling' place.

No such person shall attempt to interfere with a votor when markinjf
his ballot, or attempt in any way to obtain information as to how ]w votes.

No .such |>er.son shall conuiiunicate at any time to any person any
information obtained at a polliiifj place as to the manner in which any
elector voted.

They must not directly or indirectly induce any voter to di.splay his
ballot paper after h(> has marked it so as to make known how he votes.

Every person who acts in contravention of this section shall hv liable,
upon sunnnai'y conviction before a stipendiary majfistrate, police magis-
trate, or two ju.stices of the peace, to imprisonment for a term not e.xceed-
in<^ six months, with or without hard labor.

*4<»4. Validity of Bonus By-Laws. To remU'r valid a by-law for
f,nantin<r a boiuis in aid of a )-ailway or water woiks company, or taking
stock in a railway company, or lending money to such company, or guaran-
t(!eing payment of money borrowed by such company; the by-law must be
cari'ied by a majority of all the ratepayers voting thereon, and such
majority nuist also constitute one third of all the voters entitled to vote on
the by-law.

Section 3(i4 provides that the Clerk in his certificate shall, in case the
majority of vott(s are in favor of the by-law, further certify wdiether or
not sucli majority appears to be one-third of all the voti-rs entitled to vote
on the by-law.

In case of dispute as to the result of the \ote, the County Judge has

i9 li
■m

MUNICIPAL LAW.

tilt- power of determining the (|U('Htioii as in any case of a Hcrutiny of
votes.

The petition to the Judge may be hy anj' elector, or b}- the Council.

'tan. Scrutiny of Votes. If, within two weeks after the Clerk has
declared the result of the voting, any elector "ipidies, upon petition, to tlie
County Judge, after giving notice of such application, and to such persons
as tile Judge directs, and shows by affidavit to the Judge reasonable
grounds for a scrutiny of the ballot papers, and such person enters into a
recognizance in the sum of ii^lOO, with two sureties in the sum of .^50 each,
to pi'osecute the petition with effect, and to pay the costs that may be
adjudged against him, the Judge may appoint a day and place within the
nuiniei|)ality for the scrutiny.

'iMi. Notice of Time. At least one iveeh's notice of the day
appointed must be given l)y the petitioner to such persons as the Judg<;

rects, and to the Clerk.

'iii7- Powers of Judge. On the day and at the hour appointed the
Clerk shall, with the ballot papers, appear before the Judge, who, after
inspecting the bixllot papers and hearing the respective parties on both
sides, siiall determine whether the majority of the votes given is for or
against the by-law, and forthwith certify the result to the Council. The
costs shall be in the tliscretion of the Judge.

5J08. By-Law Passed by Council. A by-law duly carried by vote of
the fjualitied electors shall, within six 'icceks thereafter, bo pa.ssed by the
Council.

In case of a petition being presented, the by-law shall not be passed
until tiie petition has been disposed of, but the time consumed in disposing
of the petition shall not be reckoned as part of the six weeks.

CONFIRMATION OF BY-LAWS.

The promulgation of a by-law consists in tlu' publication through the
public ))re.ss of a true copy of the by-law, and of the signature attesting its
authenticity, with a notice appended thereto of the time limited by law for
applicati(jns to the courts to (juash the .same or any part thereof. The
publication shall be in such public newspaper, published either in the
municipality, or in the county town, or in a public newspaper published in
an adjoining nmnicipality as the Council may designate i)y resolution, and
shall be continued in at least o?ie number of such papei-each week for three
coiii^f'CiUive weeks. The form of notice is given in Section 376, Chap. 223,
11. S. O, 1897.

'Hi9. By-Law Confirmed. In case no application is made to (juash
the by-law wltldn three months after its third publication, the by-law, or
so much of it as is not the subject of any such application, or not being
quashed, shall, notwithstanding any want of form, either in the by-law
itself or in the time or manner of passing the .same, be a valid by-law.

1 day
Fudge

MrXIClPAh I.AW. O.t

QUASHING OF HV LAWS.

Any ri'sidfiit or person interested in a l»y- law, order or resolution of
the Council may apply to the Hi";!! Court to (|uasli such hy-law, order or
reHolution, in whole or in part, ior illey-ality, and the ("(unt may, after due
notice, (piash the same, in whole or in part, and award costs for or ajjainst
the corporation.

*i7ii. How to Proceed- 'J'he applicant must produce to the Court
ii copy of the hydaw, order or resolution, certified inider the hand of the
Clerk and under the corporate seal, and show by atKdavit that the same
was received from the Cli-rk, and that the applicant is resident ov inter-
este<l in the bydaw, order or I'e.solution.

The applicant is also required to enter into a recoi^nizance before the
County Judge in the .sum of !?.5(), and two .sureties in $50 each, to pro.secute
the motion with effect. Seven days' notice of the motion must be given to
the corporation.

*Z7i. One Year's Limit. The application to ((uash a bydaw, order or
resolution must be nuide within one year from passage of the same, except in
the case of a by-law reijuiring the a.s,sent of the electors or ratepayers, when
tile bydaw has not been so submitted, and in such case the application to
(|uash the by-law may be uuide at any time.

'i7'i- Three Months' Limit. When a by-law by which a rate is im-
])osed has be(>n pronnilgated in the manner specified in previous sections,
no application to ([uash it shall be considered after the expiration of three
months from its promulgation (publication).

'i7'.i. Bribery and Corruption. A by-law, the passage of which has
been procured by means of biibery, per.sonations, or any other undue in-
Huence, may be (plashed on application as previously stated.

5814. Inquiry by Judge. Before determining an application to quash
a Ijy-law on the grounds of bribery, etc., if the Judge of the High Court is
satisfied that .sufiicient grounds exist for a motion to quash the by-law, he
may oi'der an inquir^'^ to be made on such notice as he may direct, before
the Judge of the County Court and rc(|uire that all witnesses for and
against the by-law be examined before such county court Judge.

After the evidence has thus been taken and returned b}' the County
Judge, the Judge of the High Court, upon notice to such of the in-
terested parties as ,seen>s to him proper, ma}' here and finally determine the
question, and either quash the by-law or dismiss the application and award
costs accordingly anil as seems to him eipiitable.

'iHa. Stay of Proceedings. After a Judge has made an order for an
inquiry and a copy of the order left with the C'lerk of the Corporation, all
proceedings on the by-law must l)e stayed until the application is disposed
of, urdess the Judge should, for cau.se, remove the stay of proceedings.

'ZTlii Liability for Acts Under Illegal By-Law. A municipality
is liable for anything done under an illegal by-law, order or resolution, but

l:;iil^'

'iirv'

MUNKIFAI. LAW,

Tio action shall In- br<)ii<,'lit fur one inonth after such 1)y-lnw, order, or roHO-
lutioii has ht^i'ii (|uasho(l or rcpwiU'd, nor until after ono month's notice in
writing has been f^iveii to the corporation of the intention to bring such
action. 'I'he action nnist be Ho;ainst the corporation and not ajjainst any
person actint^ under the by-law.

'i'i'7. Costs of Action. If the ('orj)oration tenders anu-tuls to the
plaintitr or his .solicitor, and sucli tender is pleaded and proved, and if no
more than the sum ti'udered is awardeii the plaintiff will no^ recover any

costs.

HY-J.AWS CUKATINCJ DEIVKS.

JMery Municipal Council may pass by-laws for contracting debts for
anything within its jurisdiction, and for levying rates for the payment

thereof.

'i'iH. When They Take Effect. The time when a by-law is to take
effect (if not creating a debt for the purchase of public works) must be
named in the by-law, or it will take etiect on the day of the pa.ssing
thereof.

'ili^. When to be Redeemed. If a <U'V)t is contracted for gas or
water works, railways, harbor imi)rovements, or other public works, or the
construction of sewers, purchase and improvenunit of parks, or erection of
school -hou.ses, or for electric light works in towns having a po))ulation of
five thousand or under, the debt shall be made payable in thirty years at
furthest from the day on which the by-law takes effect : but if the debt i&
not contracted for .sticb purposes it shall be made pa^'able in twenty years
at furthest from the day on which the by-law takes effect.

'iHii. Yearly Rate. The by-law shall name a certain
be raised amuuilly for the payment of interest: and aN"
account of principal, which being invested will, with t
therefor, at not more than 4 per cent., will be sutHcii
debt at maturity. Such annual rate nuist begin from
debentures are directed to be i.s.sued. This does not efl'eiL ■
before July 1st, 1897.

spi'' ac .sUi

n sum on

.111 (1 i uteres'

ili.scharge tl

date '\hen the

by-' vv passed

fJHi. When Debentures are to be Issued. The debentures may
be i.s.sued all at one time and must be within a year after the passing of
the by-law, or the by-law may provide for them to be issued in instalments,
in which case, the first instalment must be within one year and the wliole
within five years after the passing of the by-law.

tH't. Special Rate. The by-law shall also provide that such annual
sum shall be levied by a special rate on all the ratable property withiu
the municipality'. If the by-law is for a work payable by local assessment,
tlien the sum to be levied on such property oiily as is ratable under the
by-law or per foot frontage, as the case may be.

MrMCII'AI. LAW.

'I'lii' liy-liiw, uiilt'SM it is

'Mil Things the By-Law Must Recite.

tor a work payaldc \>y local assrssnu'iit, .shall recite

1. Tlio ainoiint of ilt'l)t, and flic objt'ct for wliicli it i.s to bo cnuitcMl.

2. Till' total ainoiiiit to Ik; laisi'd annually for tlio dobt and intoro.st.

■'}. The amount of the ratablr property of tht; nnniicipality aceordinjr
to last ruvist'd AHscssniunt lloll.

4. The total amount of the t!.\i.stiny; tlebenture debt, and how nnieh of

• • 1 • • • • •

principal or interest is in arrears, if any.

When the by-law is for a work payable liy local as,sesHment, it shall
recite :

lebt, and th(! object for which it is to bo

amount of the

amount to be rai.sed for payment of the debt and

1. Th.
ireated.

2. The total annua
interest.

;{. The value of the real property rat^ible lunler the by-law.
4. That the del)t is created on the .security (tf the special rate settled
by the by-law, and (Jii that security onl^'.

'iH4- Guaranteeing Local Improvement Debentures. To add to

the commercial vahu- of the Debentures, when the by-hiws are pa.sHcd for
works payable by local a8.sessinunt, the Council may declare that the debt
to be created on the security niontioned is further ;xuaranteed by the
municipality at larjfe,

5J85. Principal Repayable by Instalments In case a by-law in
passed for contractinj^ a debt for any jturpose, the ('ouncil may make the
principal and interest payable by annual in.stalmeiits durin}^ the poriod.s
l)reviously mentioned, the limit beiny twenty or thirty yeans fseo Section
279), as the ca.sts may be, the annual amounts to Ite paid diiriiifr the whole
period to be as nearly e(|ual as may be.

/JHO. The Debentures may be issued by the corporation fur the
amount payable at the tiuK s correspond in<f with such in,stalment,s, together
with interest annually or seii.i-anruially, as may be provided in the by-law.

'iH7- Amount to be Raised. The by-law must sot forth a certain
specitic amount, to l)e raised each year, sufficient to discharjje the several
instalments of principal ami interest as they become payable.

In such case it shall not be necessary to provide a .sinking fund.

•/{88. Special Rates are a Lien on Property. Every special assess-
ment imido and every special ratt^ levied under any of the provisions of the
Municipal Act, and all .sewer rents and charges fcjr work done by the
corporation, shall form a lien and charge upon the real estate in respect of
which the same shall have been assessetl, and shall be collected in the same
manner and with the .same remedies as the ordinary taxes upon real estate.

'iH9. What By-Laws Require Assent of Electors. Every by-law
for raising upon the credit of the municipality, moneys not recjuired for
ordinary expenditure and not payable within the same municipal year,
must receive the assent of the electors ; except those for drainage or for a
work payable entirely by local assessment. (Municipal Act, Section 338.)
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?JJMK Exception as to Court Houses. Wliuii' a count}- and u city
are united for judiciiii purpcwes, the Council of the county or cit}' may, by
by-hiw or by-la\v.s pa.s.sed at any meeting of sucli Council, and without tlie
a.sHcnt of the electors, raise such sums of nionc}' as may l)e necessaiy for
ereetitiir and furnishiuif a court-house and (jtfices in connection therewith,
and ac(juirin<f such land as may lie nece.ssaiy for tlie .same.

'iiH- Exception as to County Debt. It is also provided that the
Council of a city may pass by-laws to raise money that may be
necessary to liijuidate their shai'e of a county debt awarded or agreed
upon, and to issue debentures for that purpo.se for .such times and upon
such terms as they are entitled to do for n>eeting any other liability of the
miuiicipality.

'iWi. Repealing Money By-Law. When part only of the money
piovided for by a by-law has been rai.sed, the by-law may be I'epe.iled, a.s
to any part of the residue, and also a.s to a proportionate part of tlie special
rate imposed thei>;ror. The repealing by-law nnist recite the facts on
which it is founiled : take cH'ect on the .Slst of December in the year of its
passing; and not to affect any rates due or penalties incurricd befoi-e that
day: and first receive the assent of the Lieutenant-Governor in Council.

'HKl. A By-Law Not to be Repealed. After a debt has been con-
tracted, the Council is not permitted to repeal the liy-law undi'r which it
wa.s contracted, or an}- by-law for pa^-ing the delit -tr interest thereon, or
providing a rate, or appropriating any surplus money of any work or
money from any other source, until the debt and interest have been paid.

The ('ouncil shall not alter any by-law providiu"- any such rate, so as
to dimini.sh the amount to be levied, or ap})ly to .^.ly other })urpo.se any
money of the corporation which has been, by resolution or by-law, directed
to be applied to such payment.

•i!M. By-Law to be Enforced Xo officer of a municipality shall
neglect to carry into effect a i)y-law for paying a debt under ((jver of an
illegal by-law, attempting to repeal the former or diminish the amount t<i
be levied under it.

'Hm. Debts Due the Crown, The Council may contract u debt in
the purchase of any of the public roads, harboi-s, bridges, buildings, or
other pul)lic works in Ontario, whether belonging to the Piovince or (he
Dominion of Canaila, and may execute the bomls antl other secuiitivs to
Her Majest}' as the Council may deem fit for payment of the price of such
works, anil may also pass all necessary by-laws for .such pur])ose, although
no special or other aiuiual rate has been settled, to be levied in each year
as ])rovided in Sections 3<S4 to .'ISG of the Municipal Act.

*/500. Special Rate May be Imposed. The Council mtiy, in any
jy-. iw to be passed foi- the creation of such debt, or foi- executing sucli
bonds, deeds or other securities, .settle and impose a special rate ])er annum
of .such amount as the Council may deem expedient, in addition to all other
rates to be levied in each year for tlie payment and discharge of such debts
anil securities, ami the by-law shall be valid, although the rate imposed is

MUNICIPAL LAW

less than Sections :}84 to 38() rtHpiire (see Sectiotis 280 und 282, tliis book).
'J'liose Sections shall in other rt-spects apply to such by-law.

'491- Registration of By-Laws. Every by-law passed for contract-
ing a debt by the issue of debentures for a longer period than one i/car,
and for levying rates on the ratal )le property of the municipality for the
payment of such debt, must be registered by the Clerk in the registry office
of that municipality, within four weeks after the final passing thereof.
Fee for registering, S2.

?i!)8. Absolute Validity. Every such by-law .so registei-ed, or regis-
tered before the .sale of the (lebentures i.ssued thereon, shall be absolutely
valid, and also the .said debentures, and .shall not be (piaslied or .set aside
on any grotmd whatever, uidess an application or action to (piasli or set
aside the same be made within tlirer laonfh-s from the registry thereof, and
a certificate from the Clerk of the Court stating that such action had been
brought, or application made, shall have Ijeen registered in said registry
office within the said three month.s. Fee for registering notice of
•net ion, 50c.

'i99. Dismissal of Action. If the action is dismissed in whole or in
part at the expiration of th.e said three months, the by-law, or so nuich of
it as is not (juashed, shall be absolutely valid. A certificate of dismissal
may also be registered for a fee of 50c.

I{00. Publication. Notice of the ])assing of (^very by-law to which
the three preceding Sections refer, and which have not been submitted to
the ratepayers, shall inniiediaiely after their registration be published in a
local newspaper, such as the Council may designate by resolution, and be
continued in at least one number of such pai)er each week for three suc-
ce.ssive weeks.

For form of notice see Section 397, Chap. 223, R. S. O., 1897.

JMM. Quashing After Registration. In ca.se of a local improvement
by-law providing for the i.ssue of debentures, whicli has ])een pa.ssed and
registered, the debenturt^s IssuimI and the assessment levied upon the real
property mentioned in the same, said by-law shall be valid, notwithstand-
ing any defect in substance or form in the by-law itself, or the time or
manner of passing the .same, and shall not be set aside, uidi'ss an applica-
tion is made to the Court within one month from the registry thereof.

'MVi. Registering Application to Quash. When an applicatic)n is
mude to ([Uash or set aside a by-law, a certificate, under the liaml and .seal
of the Clerk of the Court, shall be registi <ed in the jiroper registry office
within five weeks from the date of registering the bylaw, and, in default
thereof, the Court may refuse to hear the case, or may dismiss the action
to (juasli the by-law.

'Milt. Statutory Caution. The provisions here enumerated for the
validity of by-laws will not make valid a by-law, or the debentures issued
thereunder, if it appears on the face of sHch by-law that the provisions of
Sul)-sections 4, 5, a and 9 of Sectitm 384, or the provisions of Section 386

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of tlic Municipal Act huvo not been substHntitilly complied witli. See
Sections 270, 2«0, 282, 285, 28() and 287, of this book.

I{04. Uiiregistered By-Laws, hy-laws passed under the Municipal
l>raina<:fe Act, (jr foi' local iMiprovenicnts under the Municipal Act, provid-
ing for the i.ssue of debentures, need not necessarily be retjistered, but may
be registered at the option of the nnnn'cipality.

IJ05. Yearly Rates. The Council shall in each year assess and levy
on the whole ratable jjropert}' in th(; Uiunicipidity a sum sufficient to ])ay
all the valid debts falling due within the year, but the aggregate rate
nmst not be more than two cents in the dollar, exclusive of school and
local improvement rates.

:(04». Exception. If the current annual expen.ses, together with the
interest and principal of the debts ccjiitracted on or before the 29th day of
March, 187'}, would re<|uire more than two cents on the dollar, the Council
may Itivy such further rate as may be necessary to discharge the obliga-
tions incurred up to that time, but they shall not contract any furtlier
debts until the annual rates re(juii;ed to be levied are reduced within
the two-cent rate aforesaid. This docs not a])ply to any .special Act n<»w
or hereafter to be in force.

JMH. How Estimated. In c(junties and local municipalities the rates
are to be calculated at so much in the dollar upon the actual value of the
real and personal property liable to assessment therein.

IJ08. Annual Estimates. The Council shall every year make esti-
mates of the sums nece.s.sary for the lawful purposes of the municipality
for the year, making allowances foi- cost of collection, etc., and may pass
one or more by-laws authorizing the levying and collecting the sums
reipiiied by such annual estimates.

;MM>. In Case of Deficiency.

If the amount collected falls short of

the sum reijuired, tlu^ deticiencv may be made up from any unappropriated
fund belonging to the nuniicipality. If theie is no such fund, the esti-
mates ma^' be reduced.

IHO. In Case of Excess of sum collected over the estimates the
balance shall form part of the general fumls, unless otherwise specially
appropriiited. If Uw excess forms part of a stnu collected by special tax
upon any particular locality, then the amount ,so collected shall be ajipro-
priated to the s])ecial lociil object.

lilt. County By-Laws of $20,000. A comity comicil may, during
any term, raise by by-law a sum not exceeding S2(),000, over and above
the sums recjuired for its ordinary expenditure without submitting the
by-law to the electois.

Such by-law nnist be pas.sed at a meeting of the Council specially
called to consider the same, and not less than three months after a copy of
the by-law, an<l the date for the meeting have been published in a news-
paper published weekly, or ofteiier, within the county, or if n(me within
the county, then in a newspaper publishe(| nearest to the county.

MUNICIPAL LAW.

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31*4. When Taxes are Due. The taxes levieil for any year sliall ])e
considered to be imposed and due on and from the 1st day of January of
the current year, and endin<if the .'ilst (hiy of December, unless otherwise
expressly provide<l for.

313. Priority of Debentures. All debentures issued before January
l.st, IH()7, holil the order of priority which they held at that diite.

Each corporation havinj^ so issued debentures shall levy a rate on the
actual real value of the ratable property within the municipality sutiieient
to produce a sum equal to that produced on the yearly value of such pro-
perty, as established by the Assessment Roll for tiie year of lS(i(i, and such
rates to be applied solely to the payment of such debentures or interest,
according to the terms of the by-law undei" which they were issued.

In case a sinking fund is reijuired to be provided for, then such rate
niu.st be levied as will at lee -t eipial the sum originally intended to be set
apart.

314. Power to Exempt from Taxation. The Council has the power,
by a two-thirds vote of the members thf'reof, to exempt, excfj)t for school
taxes, any manufacturing establishment, including the lands, buildings,
])!ant and machinery, or a building for the storage of ice for commercial
purposes, or any water works or water company from taxation, in whole
or in pai't, for a period not exceeding ten years, and to renew the exemp-
tion for a further period of Um years.

315. Reducing the By-Law Rate. If for any rea.son it is found to
be unnecessary to levy the full rate imposed by any by-law in order to
raise the instalment of the sinkin-i- f"Md and interest, the (Council may pass
a by-law reducing the rate so that no more money is raised than is re(Hiired.

Such a by-law, in order to be valid, nnist be approved of by the Lieu-
tenant-Governor in C^ouncil after it is passed. The facts whic'i justify the
reduction must be veritied in manner named in Seetionf.S:J."), Municiital Act:
or Section 24(», this book.

ANTICIPATOR V APPKOI'UIATIOXS.

3I0> In case a Council lesires to make an ('.(//»'//J'/^>/7/ ('/'/(('<>y(y/<///r>(i
for the next ensuing year in lieu of the spn-lal r<ifi' for such year in respect
to any deltt, it may do so by by-law, subject to the following jn'ovisions
and restrictions :

3 IT. Funds that may be Appropriated and carried to the credit of
the si iiki iiij finul (icnoiinf of the debt as much of them as may be neces-
sary for the aforesaid purpose, are :

1. Any money at the credit of tlie s/>rciiil rafr on'otnit of the debt
lieyoiid the interest (m such ilebt f((r the yaav /(dlairin;/ that in which the
anticipatory appropriation is made.

2. Money raised for tlie purpose aforesaid b}- additional rate or
otherwise.

3. Money derived from any temporary investment |of the sinking fund.

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MUNICIPAL LAW.

4. Surplus iin ney derived from any corporation work or from any
share or interest tiierein.

o. Any unappropriated money in the treasury.

Any of the above moneys not liaving been otherwise appropriated.

IJI8. The Source and Application. The by-law makinjr the appro-
priations must name the several sources whence the amount is made up,
and the portions thereof to be respectively applied for the ijiterest and for
the sinkinj,' fund appropriation for the next ensuinjf year.

Itt9, Yearly Rate Suspended. When the moneys so retained and
appropriated are sufficient to meet the siidiing fund appropriation and
interest for the next ensuin<f year, the Council may, by by-law, <Hrect that
the oriifinal yearl}' rate for such year be not levied.

:j'iO. What the By-Law must Recite. In order to be valid the
by-law nnist recite :

(1) The original amount <if the <lebt and, brietly, the (jbject for which
the debt was incurred :

(2) The amount, if any, paid oft' the debt ;

(.S) The annual amount of the sinkinjf fund appropriation required in
respect to sucl i debt ;

(4) The told amount ther on hand of the sinking fund appropriations
in res])ect to such debt, distinguishing the amount thereof in cash in the
treasury from the amount temporarily invested ;

(5) The amoiuit reijuireil to meet the interest of the debt for the year
next after the making of such anticipatoi'y appropriation : and

(G) That the Council has retained at the credit of the spcridl rate
account of (la; deht a sum sufhciont to meet the next year's interest
(naming the amount), and that the Council has carried to the credit of the
sinking fund account a sum sufficient to meet the sinking fund appropria-
tion (naming the amount) for such year.

To be valifl the by-law must receive the approval of the Lieutenant-
Governor in Council.

ii'it. Dissolution of Municipal Union. After the dissolution of a
municipal union the senior municipality may make an anticipatt)ry appro-
priation for the junioi- municipality in respect to any debt secured by
by-law.

ACCOINTS AM) INVESTMENTS.

ll'i'l. Two Compulsory Accoun.ts. The Council is reijuired to keep
in its books two sej)aratt' accounts of every debt, one for the special rate
and one ior tho .sin king f anil or for instalments of principal, both to be
distinguished from all other accounts by some prefix designating the
purpose for which the debt was contracted. Such accounts must be kept
so as to exhibit at all times the state of every debt and the amount of
mon(!ys raised and appr(jj)riated for payment of .same.

If thei-e is a surplus it iT.i.^t remain to the credit of the special rate

.MINICIPAL I.AW.

account and may l)e applietl towanls tlio next year's interest, but il' it more
than pays the interest then tlie excess must be carried to tl>e sinking fund
account or paid on the principal of sucli debt.

JWIl. Sinking Fund Money nnist not be used in any case for cur-
rent expenditure, unless so authorized by the Municipal or some other Act.

Ii'i4 Councillors' Personal Liability. In caso a ("ouneil diverts any
of said moneys the members wlio vnfe for such diversion are personally
liable for said amount, which may be recovered in any coiu't of competent
juri.sdiction. Such members are also di.s((ualiHed from holdinir any
iiiunicii)al oflice for two years.

It the Council, upon the reipiest of any ratepayer, nei^leets for one
niontli thereafter to bring .such action in the name of the nnniicipality, the
action may be iirought by an^y ratei)ayer on l)ehalf of himself and all the
other ratepayers of the nnniicipality.

;K5. Treasurer's Annua! Statement. The Treasurer is recjuired to
lay before the Council eveiy year before th<' striking of the annual rate, a
statement showing the amount to be lai.sed towards a sinking fund.
Kailure to do so reinlers him liable to a peiuilty of .iiS25, to be recovered at
the instatiee of any resident I'atcpayer.

IWH. Neglect to Provide Sinking Fund. If the Council neglects
in any year to levy the amount re(|uired to provide a sinking fund for the
payment of the debenture del)t of tht» nninicipality, every member of the
('ouneil is distpialitied from holding any mvuiieipal oflice for two years.
Any member may free himself from this penalty l)y showing to the satis-
faction of the judge or coiu't that he madi' leasonable efforts to procure the
levying <jf the required rate.

It'il. Redemption of Debentures. The Lieiitenant-Covernor in
Council may direct that a portion of the special rate levied and at the
crcflit of the sinking fund account, instead of being inve.sted, shall be
applied to the payment of the ilebt or debentures though not then payable,
and at .such value as the Council can agree upon. The Council shall apply
fi!nl continue to ap])ly such part of the produce of the special rate as
directed by such Oi'dcr in Council.

li'iH. Investment of Surplus. If the moneys at the credit of the
sinking finid, or special rate account, cannot be immediately applied to-
wards payment of such debt, the Ccmncil is re(piired to invest it in (jlovern^
ment securities, municipal delu'iitures, or in first mortgage on real estate,
farm property, or in such other debentures as the Lieiitenant-Covernor in
(>)uncil may approve. A mortgage on real estate must not exceed two-
thirds in value according to the last revised Assessment Roll (.see Section
420, Municipal Act).

ll'i9. Purchasing Unsold Debentures. The Council may use the
sinking fund in purchasing ini.sold <lebentures, and hold .such debentures as
an investment on account of the sinking fund.

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IWO. Appropriation of Surplus Funds. The Council ma}-, by by-
law, direct that any surplus moneys in the liamls of the 'J'lvasuror, and not
specially otlieiwisc api)ropriate<l, sliall be civdited to the sinkinj; fund of
nny dclK'nture (li'l)t, and invested as previously stated.

The C'Ouneil may also apply the surplus income derived from any
public or corporation work, or any surplus money raised b}" additional rate
to the payment of any del)t, either carryin;; it to the sinkiny fund account
of the debt or payinj; any instalment accruinfr due.

lllti- Educational Investment. A municipality ]iavin<>' surplus monuy.s
dcrivtfd from the 'Ontario Municipalities Kinid," or from any other .source,
may, by i)y-law, set such surplus apart for educational puii)oses, investinij
the same in pulilic securities or in tirst mortgages on real estate used for
farming purposes. The mortgage must not exceed two-thirds of the value
of the real estate on whicli it is .secured, .according to the last revised
Assessment Roll.

illl't Loans to School Trustees. The municipality may, by by-law,
invest any sur])lns money set apart for educational purposes by loaning it
to any Hoard of seliool trustees in the municipality : or may, by by-law,
gnnt an}' portion of sucli funds or from other general funds by way of
gift to aid poor school sections within the municipality.

tllill. Unauthorized Investments. No member of a Municipal
Council shal! in anyway be a party to the investment of such moneys on
behalf of the muiiicii)alitv, otherwi.se than is authorized bv statute, and
any member so doing becomes personally liable for any loss U) the
municipality.

11114- Treasurer's Annual Returns. The Tivasurer of Munici-
palities indebtetl to the Municipal Loan Funil is reijuired to send to the
Provincial Treasurer on oi- before the loth day of January each year, a
return duly certified to, giving the annmnt of ta.xable proj)erty, a true
account of all debts and liabilities of the municipality for all purposes for
the then last year. Failure to transmit .such report incurs a penalty of
§(100, with costs.

lllVi- Government Report of Debts. The C<nincil is reijuired each
year, on or before the .'Ust day of Jainiary, under a penalty of S2() in
case of default, to make a report to the Lieutenant-tJovernor, through the
Minister of Agriculture, of the debts of the municipality as they stood on
the .'Ust day of December preceding, showing:

1. The original amount of the debt.

2. The <late when it was contracted.

3. The days fixed for it+> jmyment.

4. The interest to be paid therefor.

5. Tlie rate provided for the redemption of the debt and interest

6. The proct^eds of .such rate for the year ending .'{1st of l)ecend)er.

7. The portion (if any) of the debt paid during that year.

8. The amount of interest (if any) unpaid on 8Lst day of Decend)er.

9. The balance still due of the principal of the debt.

MUNICIPAL LAW.

Itiiii. Commission of Inquiry into Finances. Upon petitiijii ol" one-
third of tlic niembtTK of Council, or thirty t'loetoi-s, the Lieutenant-
(Jovernor in (Council nuiy ifssue a commission to inquire into the tinancial
afi'airs of tlie municipality, and such commission shall have tiie same power
as any court in civil cases to summon witnesses ami compel the production
of documents, etc., in evidence.

The expenses allowed shall be certified t(j by tlu' Treasurer of Ontario,
and be paid by the municipality within three months after demand there-
foi' by the connnission at the otHce of the Treasurer of the Corporation.

DKBENTUKES.

IWJ- How to be Executed. All debentures or bonds must (unless
otherwise speciallj' provided) be sealed with the seal of the corporation,
and sijfnetl by the head thereof, or by .some other person authorized by
by-law to sijjn the .same, otherwise they are not valid. The treasurer is
re(|uired to see the money propei'ly applied to the payment of the interest
and principal of the debentures.

Debentures issued in aid of any railway, oi' for any bonus, )>'•(> valid
without the corporate .seal, and are only I'equired to be in such torm as
directed by the by-law.

illlH. Debenture Coupons. The coupons attached to the debentures
issued by any nnmicipality, e.Kcept a city, must be sii>iied by the head of
thf municipality and the treasurer.

llliU. Validity of Debentures. Debentures issued under a by-law
that has received the assent of the electors and that has not been quashed
are valid, notwithstanding^ any deficiency in the form of the l)y-law.

340. Debentures Issued before February ist, 1883, under a by-
law, and the interest and principal which may have fallen dtie have been
paid for two years, the by-law and debentures shall be valid and binding,
and cannot be quasheil on any ground whatever.

IWI. Local Improvement Debentures issued under Section 6(54 of
the Jfunicijial Act, or (jther Act relatint; to local in>])rovement purposes,
mu.st bear on their face the words "Loral, Improvement Dehcntiivfs" and
also give both the name and date of the by-law.

S4?J. Consolidated By-Law. To obviate the difficulty in negotiating
debentures for vaiious small amounts recjuired for particular local improve-
ments, the Council may, after passing the by-laws covering the same, pass
a collective or cuuuilative by-law consolidating the several amounts and
is.sue the ro(|uired debentures in a general consecutive issue, apportioning
the amomit rai.sed thereby and crediting each service with the annmnt
previously named.

Councils desiring to avail themselves of this provision must insert
in each of the individual by-laws intimating that the amount of the

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MINICIPAL LAW.

debentures to be issued thereunder is subject to consolidation, and no
specific date need be fixed for their issue.

Consolidated debentures cannot be issued to cover debentui'es already
issuetj or .sold under an orii,nnal V)y-law.

3411. Mode of Transfer. Councils may place the following provision
in delieiitures :

" This ilebenture, or any interest therein, shall not, after a certificate of
ownership has been indorsed thereon by the Treasurer of this municipal
corporation, be transferable, .'xoept by entry by the Treasurer or his deputy
in the Deljenture Registry Book of the said corporation at the town (or vill-
age) of ," Of to the like, effect.

1144. Debenture Registry Book. The Treasurer is lequired t(j keep
a debenture registry book in which he shall enter a copy of all certificates
of ownership of debentures which he may give ; and, also, every subse-
quent transfer. No entry of transfer nuist be made except upon the
written authority of the per,son last entered in such book as owner, or of
his executor, administrator or lawful attorney, and .such authority must be
retained and filed.

;M5. Borrowing for Current Expenditure. The Council may l>y
by-law authorize its acting head and the Treasurer to borrow such sums as
may be necessary to meet current expenditure until the ta.xes etin be
collected. The by-law may fix the amount to be boriowed, an<l define the
notes or other covenants to b? given as .security.

The sum so borrowed anil outstantling imist not in a case of a muni-
cipality, other tlian a county, exceed eighty per cent, of the amount
collected as taxes for current expenses for the preceding year : and in the
case of a coinitv the amount .so hori'owed and outstanding nuist not at any
time exceed the amount to be raised and paid over to the county' by the
local nnniicipalities therein for ordinary expenditure for c<Mnity purposes
for the current nnnncipal year. If the Council, in either case, Imutow a
larger sum than that, the members who voteil for it .shall be disipialifieil
from holding any municipal office for two year.s.

340 Borrowing for School Purposes. The Council have similar
powers (as given in preceding section) to Itorrow money required by th«'
trustees of public schools or the trustees of a high .school within the
municipality. The sums borrowed nnist not exceed the estinuites sub-
mitted by such .schools as required by the School Acts.

IW3. $100 Minimum Value. Unless specially authorized so to do,
no C'ouncil is permitted to give any liond, note, or other security for a sum
l(iss than !?1()0. Any such paper for a smallei- sum is void.

(iENKRAI. JUKLSDU'TION OK COUNC^ILB.

IMH. 1. No Council has jurisdiction beyond the municipality it repre-
sents, except where authority is expressly given.

2. The powers of the Council shall be exercised by by-law, except
where otherwise authorized or provided for.

Ml'MCIPAL LAW.

3. Every Council may mako re^julations not contrary to law lor
governing its procoedinj^s, the conduct of its members, callinjr of special
meetings, an<l generally such regulations as the good of tlu^ commiuiity
re(|uires: and may ri;peal, altei- and amend its by-laws, I'xcept where
restrained by the Municipal Act.

4. A Municipal Council is deemed a continuing body, always existing,
notwithstanding any ainiual or other election of its members. It continues
in otKce until the new Council lias organize<l and held their first meeting as
a Council.

Kvery Council may take up and carry on to completion all bj'-laws,
reports and pi-oceedings which had been begun or under consideration by
the Council of any preceding year, and it is not necessary to introduce stich
matters anew.

5. No Council of a local municipality shall, after the 31st day of
December, in the year for which the membeix are elected, ])ass any by-law
or resolution for the payment of money, or enter into any contracts, appoint
to or dismiss from office any officer, or perform any other corporate act
after .said day, except in cases of extreme ui-gency.

1149. Trader's License. In all cases wliere the Council or, |in cities,
the Board of Commissioners nf Police, having authority uiuh'r statute to
pass by-laws for licensing any trade, calling, business or profession, they
also have the power to pass by-laws fixing the stnii to be paid for .such
license, enforcing payment of thf licensi' lee, and detennining the time the
license shall be in force.

limy Granting Monopolies Prohibited. Unless authorized .so to
do, as in the case of tflcphone nnd I'crry (•i)mpanies, no Council shall give
any person an exclusive light of exercising within the municipality any
trade or calling, or impose a special tax on any jierson exerci.sing the same,
or to recpiire a licen.se to lie taken for exercising the saiiu^

But the Council may re((uire a fee, not exceeding .§ I, to be paid for
a C(4'tificate of compliance with any regulations in regard to such trade or
calling.

liHi. Ferry Privileges. The Council may grant exclusive privileges
to a ferry, which may be vested in the corporation, except for a ferry
between two provinces, or the province and a foreign countiy.

iiii'i. Exclusive Rights to Telephone Companies. The Council
may grant exclusive rights to a telejihone company, or [lersoiis to use
streets and lanes for a period not exceeding five years, for the purpo.se of
placing therein, upon, or under the same, poles, ducts and wires neede<l in
the conduct of their business. They may also agree not to give any tithor
company or persons for such period similar rights, but such by-law must
have the assent of two-thirds of the members being present and voting
therefor.

JWIJ. Proviso. Such agreement would not prevent the Council from
giving similar privileges to other companies, or- persons for private lines
lor their own business purposes.

;:»«*

MUNICIPAL LAW,

Npitlicr will such iiyrceiiiunt pifjudiciully cfli-ct tlit- riuhts (if ji tclf-
plione foinpiiiiy, with respect to thi- use of such stivfts, whicii existed on
the 27th (hiy of May, lH[}'i; and all by-laws passed givinj; sucii exclusive
piivileffes for a period not exceediuff ten years, are valid and bindin^^'.

i m

ADMrXISTKATlON OK -irsTICK.

It54. Ex-Officio Justices. The head of eveiy Council, all nieni-
liiM's of a county council, and the reeve of every town, township and
villafje shall, after taking the oath of otHoe, be e.r-oj)irto justiees of the
peace for the whole county; and aldermen in cities shall be justices of
the peace for such cities.

II'm. Judicial Jurisdiction of Mayors. 'I'lie Mayor of a city or town
where there is no police magistrate may, in ad<lition to his other jiowers,
try all prosecutions for offences against the by-la\v.s of the municipality,
and penalties for refusing to acce])t otlice or t<) make the declarations of
otiiee and ()ualitieations.

mm. Jurisdiction of Justices of the Peace for a county extends to
all ca.ses ari.sing under any by-law of any nuinici[iality in the county for
which there is no police magistrate.

A Justice is not disqualified to act in a case of a prosecution for an
offence against a by-law, because of his being a member of that ('ouncil.
Even where, in case of a conviction, the tine would go to the miinieipality
of whicli h(f was a ratepayer, he is not dis(|naliHed from trying the case.

1151. Fines and Penalties awarded by a .Justice of the Peace, and in
default of payment the offender maybe committed to gaol for a period not
e.xcecding thirty day.s, with or without bard labor. In case of an offence
against the bv-law connnitment could not be longer than th<' time fixed in
tile bv-iaw.

IM>8. Witnesses. A person making the complaint is a competent
witness. The defendant is also a competent witness, .so is the wife or
husband of <lefendant, and may be compelled to give evidence.

;{5J>. Executions against Municipalities Any writ of execution
against a municipality may be endorsed, with a direction to the sheriff to
levy the amount thereof by rate, as follows :

1. The Sherif!' shall deliver a copy of the writ to the treasurer with a
statement of claim, costs and sheriff's fee.

2. In case the amount, witli interest from the day mentioned in the
statement, is not paid within one month after the service, the sheriff" shall
from the As.sessment Roll strike a rate in the dollar sufficient to cover the
claim, fees and the collectoi-'s percentage.

3. The Sheriff* shall issue a precept, under his hand and seal, to each
collector of the corporation, with the roll of such rate, and command them
to levy such rate at the time and in the manner required for the general
annual rates.

MC MCI P.M. LAW. 77

4. When li'W'inj;' thu aiiiiuiil nitcH ut'xt aftif ri-coipt of sucli prci'cjjt,
it' tlio collectors have a ;;i'iieriil rate roll ;,nvcn them, they fshall atl<l a
coluiuii lieailetl, "Execution rate in A. 15. * .s. 'I'he TownHhip " (or a.s the
ca.se may be) an<I levy the amount re(|uire<l, ami return the same to the
.slieritf", less their |)ercentay;e, within the time reijuiird tor making' the
return of the t^cne'i'al late.

If there is any surjjlus left after satisfyinjf the execution and fees, the
Sheriff shall, within ten days, retur'; the same to the Trea.surer of the Muni-
eipality.

The clerk, as-ses-stas and collectors of the corjxnation are, in such ca.se,
deemed to bo officers of tlie court, and are comprll< ' to perforin the
duties imposed upon them in respect thereto.

'MHy Police Office. TIk? founeil of every city and town shall
establish therein a police otfice. and provide all necessary and proper
acconnnodation, fuel, li;;ht, fui-niturv and stationtjry for the otfice and
officers connectefl therewitli.

The Police Ma^fistrate, or in his alwence, or where there is no police
magistrate, the .\hiy(jr shall attend daily at such otfice, or at such times as
may be neces.sary for the dischaij^e of the business i)rou<^ht before him as
a .lustice of the Peace. Any justice having juri.sdiction may, at the
reijuast of the Mayor, act in his stea<l.

:U>|. Clerk of Police Office shall be the Clerk of the Council, or
such other person as the Coinicil appoints, and such clerk shall perform
the same duties and receive the .same emoluments as clerks of Ju.stice of
the Peace. If hi; is paid liy .salary, the fees are to lie paid over to the
nnniicijmlity.

lUi'i. Board of Commissioners of Police. In cities the Board of
("ommi.ssioners of Police is com])o.sed of the mayor, the ,iudge of the
county court and the police majfistrate.

In towns havinj; a jxtlice mai^isti-ate the Council may constitute a like
Board. If tlie otfice of county .iud«;'e oi' police ma<j;istrate is vacant the
Council fjf a '■(/// ■■^Imll, and the Council of a to'cn ihoji, appoint one or two
persons, as the ca.se may ie(|uire, who are resiih iit thei'ciu, to supply such
vacancy durin<^ its continuance.

The Comicil of a /«?(.';( may dissolve such Board, and thereafter exer-
cise all th<' powers and duties pr(!viously performed l)y the Board.

The (Vnuicil of a city of one hundre(l thou.sand may pay any or all of
the police connnissioners.

IMW. Powers of Commissioners The counnissi(mers have power to
summon and examine witne.s,ses on oath, to force tlieir attendanct! an<l
compel them to yive evidence. A notice to attend before the Boanl is
sufficient, if it is signed by the .chairnum or any member of the Board.

A witn(!ss cannot be compelled to answer any (juestion that would
render him liable to a criminal prosecution.

JIH4. Chairman and Quorum. The commissione'-s shall annually, at
their first meeting aftei- the Mayor has taken his oath of office, elect a
chairman.

y q-

MrXICIl'AL LAW

A imijority of the Board slnill constitute ii i|Uoruiii I'or- tranHiiction of
ImHiiifss.

tUiH- Powers of Board. Tlic I^ouimI of l'olic<.> (<oininiNHioiii>rH in
cities may license and re;^ulate second hand anrl Jnniv shops and livory
stal)h's, onnijbnses and other vehicles rcfrularly used for hire, and Hx the
rates of far<( both for j^oods and passenjjers, within and to |)oints three
miles beyond the city limits.

They may also define the ureas in the city, within which n<i livery or
saltis stables, or stables where horses are kept foi' express or othei- piii'|)oseH
for hire shall be kept.

They may also re;fulate the hours of labor for persons employed in
such businesses, and provide for licensint; drivers of cabs within the city.

They may also rei^ulate and control chiMren en<,m;,n'd as </ express
or despatch mttssenj^ers, f/<) vendors of new.spapers and small wares, (c)
bootblacks.

lUiii. Band Music Boards of Police in cities, and the Council of
towns may re<julate or prohibit the playinj'' of bands, or other musical
instruments on public streets, parks, etc., except niilitury bands im duty.

IMiT. By-Laws of Board an; sutliciently authenticated if siffued by
the Chairman of the Board, and a copy of such by law ccrtitit'd by any
member of the Board shall be deemed authentic and received as evidence
in court.

Penalties attached to the by daws foi' iidraction may be recovered
before the Polic Mat.;istrate.

JltJS. High Bailiff, 'i'he Council of every city shall apj)oint a high
bailiff", but that office and chief constable may be held by the same
person.

!tO!l. The Police Force in cities and towns havinf^ a Board of Com-
mi.ssioners shall consist of the chief constable and as many constables and
other officers as the Council deem necessary; but in cities it must not be
less than the Board reports to be absolutely reipiired, except in such cities
as the Act of Incorporation j)rovides for tlie control of thti police by the
(Jomicil. Police officers hold office at the pleasure of the Board.

;t70. Duties of Constables. The constables are reijuired to ohcy
all lawful directions of the Board, cjideavor to preserve the peace, prevent
robberies and other crimes and otter -js, aj)prehend ottenders, and exer-
cise all the powers of constaliles duly appointed.

Uti. Salaries and Expenses. The Council shall pay to the mem-
bers of the force such remuneration as nuiy l)e recpured by the Board : al.so
to provide and maintain such offices watch-boxes, etc., arms, chjthiufj, etc.,
as the Board from time to time deem necessary. This does not apply to
cities where tlie pf)lice are controlled by the Council.

llVi. Indemnifying Police Officers. The Council may in its discre-
tion indemnify members of the force where suits liave been brouffht
ajjainst them and costs or damajjes recovered, if the Board of Commission-
ers of Police certify that it is a proper case.

MINICIPAL LAW.

;M3. Town and Village Constables. Tlu- Council of tvory town
not havin{; II Hounl (if Conuiii.sHioiit.'is of I'olice xlKtII, mid tlio Council of
every villajfe nmif, appoint one chief con.stable anil one or more constableH
for the municipality, who ahall h<tltl oHice durinj; the pleasure of the
Council.

;i'>4. County and Township Constables. The Council of every
county anil township may appoint one or more salaried constables for the
municipality, to hold otlice (lurinjf the pleasure of the Council. All such
constables, and also tho.se appointed by councils of cities, towns and villu<;es,
have the same j)owers and privileges, are subject to the same liability and
to the performance of the same duties, as are those appointed by the Court
of General Sessions, and are also subject to suspension by the Judj^e of
the C'omity Court.

Municipalities appointinfj; salaried constables may ajjree that they
shall retain for their own use the fees of their otlice, or reijuiie that said
fees be paid over to the treasurers of the municipalities.

375. Arrests by Constables. In case complaint is made to the
tJhief of Police or to a constable that a lireach of the jieace has been com-
mitted, and the otticer has jfood reason to believe that such breach of the
peace has been committed, though not in his presence, and that the person
so charji;ed should be arrested to prevent his escape, or to pre\ent inunt;-
iliate violence beinj^ done to peison or ])ri)perty, the constable may, with-
out a warrant, arrest the per.son so charj^ed and convey him before the
Police Magistrate, Mayor or Maj^istrate to be dealt with accordiufj to law ;
providin}^ the person complaininjj ;;ive .satisfictory security to the oHicer
that he will without delay appear and prosecute the charge before the
Police Magistrate, Mayor or Justice of the Peace.

JWC Suspension of Constables. Where there is no Hoard of Police
in a town, the Ma^'or or Police Magistrate may suspend from ottice, for any
period in his discietion, the chief or other constable, and may appoint soirie
other person to till the vacanc3^ He shall, immediately after the suspen-
sion, report the case to the Council, and the Council then may either
dismiss such suspended constable or restore him to his office, after the
period of his suspension has expired.

During such suspension the otHcer must not act in his office except by
the written permission of the Mayoi- or Police Magistrate who suspended
him; neither is he entitled to any .salary during his suspension.

I ''I

ARBITHATIONS.

1171. Compensation for Lands Taken or Injured by corporations-
where the claim cannot be mutually agreed ni>H\, must })e determined by
arbitration, inunediately after the claim for ilamages has been legally tiled.

IMH. Time Limit. The claim for compensation must be made within
one year from the date when the alleged damages were sustained or became
known to the clainumt : if the damage is a continuous one, then one year

MUNICIPAL LAW

from the tiiuf wlicii the caiiHe of action uroHe or l)ooaiiio known to tlie
claimant. This limitation does not apply to real propcu-ty taken or used
V>y a inunicij)ality.

1179. Lands for Public Works. When tlu; Council oi' a city or
town is desirous of enterinu' upon any puMic work in which private land
will be taken or injuriously afi'ected, the Council may tile plans ov copies
of })lans of .such undcrtakino; with the Clerk of the .Municipality, who .shall,
on receivini: the same, issue a notice settiiiir forth the C'ouncil's intention,
and that such plans and specifications may be inspccte<l at his office, and
that all claims for dama<ie bv reason of such undertakinii' nnist be filed
with him within sixty days from the service of such notice. He must
cause such notice to be .served upon the owners, oecui)ierH or other persons
intereste(l in the real estate affected by the said undertaking, and all claims
for damajjes which are not filed within sixty days from tl;e service of such
notice will Ije barre<l.

Ifaper.sonso served is at the time of si'i\ ice a I'es'dent outside of
Ontario he has thirty days aihlitional within which to file his claim, unless
upon application to the .lud<i;e of the County Court, and upon jj^ivino' the
said Council at least .seven <\i\y»' notice of such ;ip|)lieiitioii, such Judy-e
may allow the claim to be made.

Either party may appeal from (he decision of (lie .Judj;t' to (lie
Divisional Coui't of the Hiyh Court of .Justice.

Till' lapse of one year, however, from the srrvice of such notice, the
claim is absolutely barrt-fl and ( xtinguished.

1880. Particulars of Claim. The person making a claim must deliver
full particulars of the danuv^es foi- which such claim is made. The arbi-
trators have the same power to amend such claim or particulars or any
proceedinj^s taken upon th.' hearinij thereof that a judge would have in
an action. They may also, upon their discretion refuse to hear, on any
question, fiu'tln'r evidence of a cumulative character

Insufficient particular- wouid not bar a claim for damaj^e.s.

$81. Proxy for Unknown Claimant. In ease there is no one to
act in res|)ect to such real pro|)erty that can be found, then the Judge of
the County Cotnl may, upon application of the Council, ap])oint a person
to act for such purpose.

liH'i. Application of Purchase Money in such ease as mentioned in
previous section will be as follows: Inti'rest at percent, to be paid to the
per.son so actino- foi- the estate, and the principal retaineil until the rightfid
per.son entitled to it shall execiite a valid ac(|uittance therefor: unless the
High Court or a Jmlge of the High Court orders the Council to pay the
same to a j)er.son or into court. The (\tuncil are not bmnid to see to the
api)lication of either such interest or sums jiaid under the direction of the
court.

:W;t. Encumbrances Upon Expropriated Lands. Any person
having any claim upon such lands taken by the nunnci|)ality will have a
like claim against the money compensations as he had against the laml.

MUNICIPAL LAW.

Where the High Court, or a Judge thereof, has reaKOii to fear any
o'.i'iuis or encunibrauces, or tlie person to whom the conipenaation is pay-
able refuses or cannot bo found to execute the proper conv(!yance, the
corpoiation may pay sucli compensation into tiie office of tlie Accountant
of the Supreme Court of Judicature for Ontario with interest at (J per
cent, per annum for six nionths, and deliver to .sucli accountant a copy of
the agreement, conveyance or award, which shall be deemed a sufficient
title to the corporation of the land in question. (See 11. S. O., 1897, Chap.
22;}, Section 44(5).

I18-I. Tender of Compensation. If the Council, when claims lor
eompen.sation or diimages are made against them, tender the amount tliey
ileenj to be proper and the claimant I'cfuse to accept, and as a result of the
arbitration an award not greater than the amount so tendered, the costs for
the aibitration shall, unless othei'wi.se ordered by the arbitrator, be against
the claimant.

IW.V Claims Under $I,000- In cities or towns wIkm-c the Council
and the claimant cannot agree and the amount claiuicd does not exceed
.'if I, ()()(), shall bo determined by the Judge of ('ounty Court sitting as sole
arbitrator; or, at the option of either party, sucl^ other party as sole arbi-
trator as the Judg(! on ajiplication of either party may appoint. In sutth
{;asc the other J)arty must have seven day.s' notice of audi application.

liHti. Seven Days' Notice. Kitlier party is entitl(>(l to seven clear
days' notice (exelnsivi; of the; day of .service of the notice) of the wish of
the other party to havi> an arbitration.

llH'i- Appointment of Arbitrators must be in writing, signed by
the appointer.s.

In c;is(^ of a coiporation the appointment must be inider seal and
autln'iitieated in similar manner to r, by-law.

Arbitrators on behalf of a municipal coi'|)oration shall b<> aj)pointed by
the Council, or i)y the head of the Council, if so authorized by a l)y-law.

liHH. Either Party Ma> Appoint any arbitrator and give notice, in
writing, to the other party, calling upon. him to appoint another. In case
of a corporation it must be given to the head thereof.

'Pile two thus appointed shall, within seven days after the appointment
of the last one, ajipoint, in writing, a third arbitrator.

liHii Neglecting to Appoint In ca.se of municipalities, if for
twenty-one days after iiceiving such notice to appoint the l)arty, neglects
to appoint an a)'l)itrator ; or if for st>ven days after the second arbitrator
has been appointed the two neglect to appoint a third; then, i\: ca.si; it is
lietween townsliips, or a t<jwnshi|) and a town or village, the County Judge
may appoint an arbitrator for the party in default. If between other
iMuni('i])alities, tlu^n tlu; Lieutenant-Oovernor in (^ouncil will make the
appointment.

;W0 More than two Municipalities being interested, each one will
appoint an arbitrator, and if there is an equality the arbitrators thus

"'Imiii

1 1

«;'

■ ■!'.■'

■■:'<• fi.

ti2

MUNICIPAL LAW.

appointod shall clioosc a tliinl, aii<I in dcifault of their doiny; so. at tho expira-
tion of twenty-one days, the Lieuti-nant-Clovernor in Council, on application
of any one of the municipalities, may appoint the other arbitrator.

JWI. Several Persons Being Interested in a case wheie irnl
property has lieen taken l»y a municipality, althouj^li not all inteic^t '
the same piece of ])roperty, the Council may, l>y liy-law, providi ill

s(i( h claims shall he disposed of at one .iwaid.

;M>5J. Council may Initiate Proceedings. In ( a.sc tlw other pai'y
intcrestiii in the pro])erty \\i\s not serxi'il notici' of urhitralion upon the
niunicMjtality, the ('ouncil may sriAc upon sucli per.son Ji eertitti'd copy of
the hy-lfiw together with a notice in writiiii,' of the Mppointment of an
arlifti'atoi- on lielialf of the municipality. ( H. S. ( )., |.S!)7, ('iiap. 2'2U. Sictions
4.') I -4.')8).

In case of one iiuli\ idual. lie must within seven days ajipoini his
arbitrator; hut in ca.se several are interested, as in Section 'W}. tiny li,i\i
twi'nty-one days allowed for such aj)poiiitiMi'iit ; jiiid in cmsc of drainay'e
twenty d;iys.

lliKt- County Judge may Appoint nn .irljitnitor upon applicatitm
of cither Jiarty if oni' fails to ap])oint within tlic time provided, or an
arbitrator f.-iils or refuses to iict. Such arbitratoi' must lie a resident of
the munici]);ility in whicli the piojierty is situated.

1194. Time for Making Award. The arliitratoi's shall mak(! their
award within one month aftei' the ap|ioinlment of the third arbitrator.

ISJKV Persons Disqualified from actin^j as arbitrat(»rs in iiiunici]»al
arbitratit>ns are mendiers or otlieers of, or persons employed 1)\-, the corpora-
tion. Merely beini,^ a r;ite|>ay(>r in tin- munici)alit,y does not disi|ualify,
urdess the arl)itrati()n relates to draina;;e miilei- the jirovisions nl' the
Municipal Act.

J60tt. Arbitrator's Oath. Kvi-ry arliitiator. bel'ore proceedin;:- to ti-y
the matter of the arbitration, shall t;ike and prescribe to the followiiie-
oath (or atlirmatioii) bi'I'oi-e a Justice of tlii' Peace; " \ (A. H.) do swear (o7-
aflirm) that I will well and truly try the matters referred to nie liy the
parties, and a true and impartial award make in the pninises. .•.ecoi-din;.'^
to the evidence and my skdl and knowli'dec. .So jielp nie ( lod. "

1197 Time to Meet. The arbitrators are re(|uired to nuet within
twenty days aftei- the appointment of the /////■</ .ii'bitiator, at such place
as they may a^n'ce upon, to heai- and determine the matter in di.spute.
Th(^y M)ay atljourn fivjni time to time. Tlieii- award must be in writinj,;,
and .shall he binding on all parties, one cojjy of which must be liled wit'li
tlie ('!erk of each niuin'cipality intere.><ted.

;J98. Awarding Costs. The arbitrators nuiy awanl payment of costs
a<;ainst either of the parties or a portion of them; thev may <lirect the
payment of a fixed sum, or that the costs be taxed, on the .scale of either
court havin<r Jurisdiction, If the fees paid in df) not exceed i^SKK), it
will i)e on the scale of the Division Coui't, but if they exceed .'ii'lOO, then
on tlu^ scale of the Countv Court.

MUNICIPAL LAW.

ritliin

plilfC

In case the costw are taxed, an appeal to the Judge of the Hijjjh Court
is allowed.

3!M>. Certificate of Time Occupied The arbitrators must file a
verified certificate with the Clerk of the Municipality, showing the nuniher
of hours occupietl by each arbitriitor at each sitting, the date of each sitting
and the fees cliarged by said arbitrators at such sitting.

44M>. Arbitrators' Fees. The fees chargeable by non-professi<jnal
aibitrators are as follows :

For every meeting where the case is not proceeded with, but po.stponed
at the request of an\' party, not less than S2, nor more than .'?4.

For every day's sitting, to consist of not less than six hours, not less
than $i\ nor more than !<!().

For every sitting not extending to six hours where the arbitration is
actually pmeeeded with, for each hour occupied in the proceedings, not less
than >*i, nur more than !$l. •')(>.

Kees ciiiirgt .dile liy professional arbitrators are just double the above
amounts in each i-ase.

401 Payment of Arbitrators' Fees. Either party nuiy pay the
Arbitrators' fees into the ofKee of the County Court t'lerk, with !510as
security for costs and the fee chai'ged by the Clerk for his ser\ic(! ^^Oc.
wiien till- sum paid in does not exceed i5oO, and SI when it exceeds .SOO).
Whereupon the Arbitrators are rccpiired forthwith to deliver their award
to such ])arty.

40'i. Taxation of Arbitrators' Fees, 'i'he party paying in the fees,
as in pre\ ions secticn may have the Clerk tax the ai'bitrators" fees, who,
u|)oii giving said arbitrators two days' notice of such appointment by .ser-
vice* of a copy thereof upon them, may tax each arbitratoi''s fees .sej)arately,
ami the costs of the taxatinu shall be in his iliseretion.

If the arbitrators' fees ;ire found to b<> legal, the Clerk shall fi'ri'<with
pay the same fion\ the fees paid in to him.

I'jth(!r party may, within two days after the completion of .such taxa-
I ion, u])on giving (he other jiarty fom- days' notice, have the (/"lerk's
taxation if vised b;. the taxing otlicers of the High Court ai Toi'onto.

40;{. By-Law to Bind Award. When the award relates to ]iroperty
taken, ns'<l, or injuriously aft>etc'd, .and the by-law di<l not authorize any
lutry or use to Ije made of the pioperty, except a survey, before an award
had been made: or, if tlif by-law did give such authority, but it had not
l)een acted upon, the awai'd shall not be binding on the corporation, unli'.ss
it is adopte(l by a by-law within three months after the making of the
awanl: and, if not (ulnpfnl, t\\i' original by-law is thereby yr/i^i'/'r/, the
|>roperty stands unaffected, ai\d tiie corporation reiiuirecj to pay the cixsts
of the arbiti'ati<in.

404 High Court Reviewing Awards. E\-ery award is subject to
t lie jurisdiction of tli<' High Court, to be reviewed on its merits at the
instance of thr person who,se property is a^^f'ected. They may also call for
ni'W evidence, set aside the award, refer any jjart of the matter back to

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I r

MUNICIPAL LAW.

tlie same arbitrators for consideration, or to other persons wlioin the ('(jurt
may appoint, and may modiiy, incrcjise, or diminish the award.

405. Appeals and Motions Against Awards. Awards tiiat rc(|uire
adoption by tlie (onncil, before tlusy become bindinj^ on the corporation
may l)e moved a:.fainHt witliin mie inontli after their lulojilxni.

Awards that do not re(|uire such adoption, but aio subject to apjx'al,
the appeal is to tlie H.j:fli Court, and from the High Court to the Court of
Appeal.

Motions to set aside such avvai'd must be niiide within six weeks after
the pul)lication tliereof, except under special circumstances, when the Court
may allow the application after said time.

401». Actions Against Municipal Corporations. Actions brou<,dit
against municipalities for acts done under illegal by-laws, orders, or
resolutions, must not be brought until one month after such by-law li;is
been (|uashe<l or repealed.

•lOT. Notice of Action. One month's notice in
given tlie corporat on of the intention to bring .such action

writing must

be
The action
must bo against the corpoi-ation, and not against the individual acting
under the by-law.

40S. Tender of Awards. If, in the preceding action, the corpoia-
tioii tiMiders awards to the plaintiH", or his solicitor, and such tender is
pleadeil and proved, and if no more than the amoi'.nt tendered is recavertid,
then the plaintiff shall have no costs allowed.

Anil in case a claim is made, or action is brought for damaires for
alleged negligence on the part of municipalities, the Council may tender or
pay into Court (as the case may be) the amount they consider proper C(jm-
pensation, and if this is refuseil, and action prociieded with, and no greater-
amount is recovered, the costs of the suit will be against the plaintiff'.

40!>. Arbitrating Division Court Cases. The Judge may, by consent
of both parties to an action, order the sum t(.) be referred to the arbitration
of such person, or persons, and on such terms as seems to him just; or, the
parti(!s themselves may, by writing, agree to retV'r the matter in dispute to
till! arbitrament of a jierson name i in the agreement, which sliill be tiled
with the Clerk. Neither party can revoke the agreement to arbitrate,
without the co.isi'iit of the .lildge

On application within iourteeii days after i\w entry of the award, the
Juiln'e may, if Ik; thinks tit, .set aside the award : or may. with tlie consent
of b:)tli parties oi'der another reference.

410. Boundary Line Disputes Where all the parties to tlii> dis
pute consent, application may be made to the dudge of the (Jouiity (^ourt
to name a special referee, who will hear the evidence deduced by the
parties, and define', by such posts and monuments as he deems suliicient,
the true boundiiry line, and his report siiall have the effect of a binding
awai'il, which may lie registeniil ijy either jiarty thereto in the proper
registry office against the l-'uds affijcted t'lereby.

MUNrciPAL LAW.

f<r>

I. -IS

III ciiso t!»t! p.utins cannot a<>ii'o upon tin; Ontario Land Surveyor to
1h) named as tlio .special i-oferoe, lie shall hv. aiipointed by the .Fu(Ijrt> iielore
whom the a])plication is uiado.

411- Gas and Water Companies wisliiiij; to cany their pii^es
throufjh lands of any person, within ten miles of the municipality, for
supplying which the company is incorpor)i,ted, and the consent of such
|)arty cannot he ol)tained, the company may appoint one inditierent person,
and the owner of the land another, and' the two shall choose a third,
and the thnn- shall he the arbitrators.

The sum awarded shall b(> paid within three months after the date of
the award, and in default of payment the owner or owners may resume
pos.s('Msi()n of hi.s ()r their property, with all the ri<fhts pertaining' thereto.

In event of either one of the parties failin<r to appoint an arbitrator
after eight days' notice by the other, or in ease the two arbitrators neglect
to appoint a thini, the Judge of the C'ounty Court may appoint a third
arbitrator.

4yi. Cheese and Butter Companies. Kvery dispute between mem-
bers of the association, or persons claiming through them, and the directors,
treasurer or other otllcer, shall be settled by arbitration in manner directed
l)y the rules of the association, and the awjird made shall be binding on all
parties, and not subject to appeal.

4IJV Co-Operative Associations. Disputes between members and
otHctirs to be setthid by arbitration, same as in preceding section, and no
appeal allowed.

414. Lands Taken by Railway. The company is reipiired to serve
a notice upon the party who.se land is to be taken for railway purposes,
which contains :

1. A description of the land to Ix^ taken.

2. A declaration of their readiness to pay a certain sum as compensa-
tion or daimiges.

!?. The nauK! of the per.son aj)[)ointed as arbitratoi' of the company, if
their offer is not accepted.

The notice must be accompanied by a certiticate of a sworn land sur-
veyor for Ontario, who nni.st not be interested nor be the arbitrator, that
the land is required for the railway, ami that the sum ort'ertd is, in his
opinion, a fair compensation for the same.

If, within ten days after the .service of such notice, the opposite party
does not notify tlx; com])an3' of his acc(^ptaiice of the sum otletvd, or name
a person whom he appoints as arbitrator, the Judge may upon application
by the company, ap]M)int a sworn suiveyer for Ontario as .sole arbitrator.

But if the ojtposite party, within the specitied time, furnishes the
company the name of his arbitrator, then the two arbitrators shall aniioint

a third, and if they cannot agree on a third arbitrator, thti Judge may, on
application of either paity (one cN'ar day's notice to the other ])arty being
given), appoint the thinl arbitrator.

If till! sum awarded is greater than the company oti'ered, the costs will
b(! borne by the coiiipan\ , but if not greater, then by the opposite party.

f)- Ml-

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MUNICIPAL LAW.

The award sliall not \>v iiivalidutod by reason (jf any want of I'onn, or
other tcclinical objection, it" tlie award states clearly tlu' sum to be paid
and the lands or other property for which such sum is to be compensation.

Any party to the arbitration may, within one month after reoeivingf a
written notice from one of the arbitrators of the makinjf of the award,
appeal therefrom upon any (piestion of law or fact to a jud^^fe of the High
Coiut

Upon payment or legal tender of the compensation awarded, the com-
pany may take j)ossession of the land, and if resisted the sheritt'or a bailifl'
may |)lace the same in possession. A warr.mt of possession may also be
obtainrd from the . bulge to take possession before the awar<l is given, if
the company shows .satisfactory reason that innuediate po.ssession is neces-
Hiiry, anti by giving sticnrity to his .satisfaction and in a .sum not less than
dcnililc tlic amount mentioned in tlu( notic;-, to pay the award or deposit
the same within one month after the award is made.

n
d
a

("orirr HOUSES .wn (i.voLs.

The County < Vnnifil may pass by-laws for erecting, improving and
maiiilaining a eonrt -house, gaol, hou.sc of correction and house of indu.slry,
ami provide for the loud, fuel and other su])plies rr(|uired for the sam(\

If the court-hou.sc is to be erected within the limits of a city the by-
law may jjiovide for accjuiring such land as may be necessary.

4I."». County Gaols in City. The gaol, court-hou.sc and house of
connection of the oounty. loentfd in a city oi' town which is not separated
for all purposes from the county, shall also serve foi- the purposes of the
city or town mitil the Council of the city or town otherwi.se directs. 'I'he
sheriff", gaoler ami kee))er of the house of correction shall receive, and safely
keep, until duly discli,irge(l, all pei'.sons committed thereto by the com])e-
tent authorities of the county, city or town.

4M». City Gaols and Court Houses. The ("(juncil of a city may
pa.ss by-laws for the enaction, improvement, regulation and maintenance of

a court-house, gaol. ho\ise of correction and house of indiis'i-^- within the
nnniicipality.

411. Custody of Gaols. The Hheiiff has the care >>(■ the county
gaol, otiices !ind gaolers' a])ai'tments, and the a])pointment of th»- keeper.s,
but their salaries are fixed by the County Council. 'i'he Inspector of
Prisons and Public (/harities possesses power of revision.

4IS. Gaolers. The appointment ami dismissal of gaolers are subject
to the ap]»ro\al of the liieuteiiant-OoveiMior.

The gaoler shall have a yearly .salary, and nuist not tlemand or receive
any fee. jjenpii.site, or other payment, from any prisoner confined within
the gaol.

In case a \acancy occurs in the office of gaoler, the SheriH" may M.|)point
another jiro te}n. or himself ex officio.

MUNICIPAL LAW.

«7

Also, wluMv a vacancy occurs in tlie office oi jfaolur and the averaj^G
nuinhcr of person.s for this last preceding tliree years endin;; Deceniljer 3 1st
did not exceed six [ler day tor any one year, the County Council need not
appoint another jfaoler but arranj^e with t\w Sheriff to he tx-olficio <^a(jlor.

4I!>. Care of Court-Houses |The County Council have the care
ol' the court-house and all the ofhces, rooms and <rrounds connected there-
with, esen thou^^h I'orininif a separate huilrlini;-. Tiiey also have the
appointment of tlie keepers; must provide for liffhtini;, heatiuff, cleaninjj
and also necessary accommodation ; fuel, light, stationery, and furniture for
the courts of justice (except the division couiis) and for the library for the
Liiw Association of the County; and also pvovide proper offices, together
with fuel, light, stationery and furniture for the officers of such courts,
except the otKcers of the Maritime Couit of Ontario and official assignees.

The Council may permit the use of the court-room for the Division
Court, and receive as com])ensation the sum of !^5 for every day in which
the court is held in the laiildinir.

4*40. Costs and Expenses of Court-Houses. Cities and separ-
ated towns shall as parts of their respective counties, for judicial purposes,
bear their just pro])ortion of all charges ineun-ed in erecting and main-
taining the courthouses and gaols, for all the proper reipiirements of such
buildings and charges relating to criminal justice (except con.stables fees
and charges connected with coroner's iiKpiests and such otlu!r charges as
the counties are entitled to i)e repaiil by the Province).

4''5I. Arbitrating Amount of Compensation. In ca.se the Council
of the city or separated town and the County Council cannot agree as to
the respective amotnit the city or town should contribute for the use of the
court-house, gaol or liouse of correction, care and maintenance of prisoners,
etc., the .same shall lie determined i>y arbitration.

The arbitrators must take into account the original cost of the site,
erection of l)uildings, ivpairs and in.surance, as well ;is the cost of main-
taining pi-isoncrs, and salai'ies of officials.

Aftfi' five years from the time the compensation was agreed ujton or
awarde<l, either party by application to the Lieutenant-tiovernor in
Council may have the amount of e(impeiisati(m reconsidered and settled
ant'W. I'itlicr by agrecuHMit or aibitration

4't't. Disunion of Counties- In case of a separation of uniteil
counties, the rules, regulations and statutes coucerning court-houses or
gaols ill force at the time of sepjiration shall extend to the junior county
court huuse and gaol.

4'i;{ City and County Court-House In eisos wlien a city is le-
(|uired ti» eontrilmte tuwai'd the cost of erecting a court-house conniieneeil
on or since .M.irch Mb. bSNO, the city .shall not be bound to pay for any
subsiMjUent expenditure in respect thereto, unless the .same has been pre-
viously agreed to or decided by arbitration. The Council .f the city shall
have a voice in the si'lcction of the site for the court-hou.se and g,i>)l,aiid in
ca.se of failure to agree as t" the siti- the matter nui.st be settled by
arbitr tion.

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I;:

MUNICIPAI. r.AW.

4*i4. Amalgamation of Gaols. If tluf ihihiImt of prisoner.s confined
ill any j,'aol tiuiiii^' two yt-ars tiKiiii^- Dcccmbor .'{Ist iiiiiiu'iiiati'ly prt'coiliiifj
(Iocs not. (ixcec'ii on an average oi" I'onr |i('r d ly I'or (ritiuT ol' suoli ycaiH
and tlic Inspector oi" I'risons deeiiis it advisable to keep tlie prisoners of
siieli county in tlie ^^aol oF an adjoiiiiii<f county, fclie ('oiincils ol' tiie
ri'spect-ive counties nuiy nj^ree to sueli an arriin;:;eiiientand, l>y proelaniation
oi' the Ijicutcnant-t ovenior, tlie ^aol of sudi adjoinin;:; county shall Imeome
tlie coiiinion ;^aol oi" the Hrst-nuMiti()ne<l county.

Such an airan;,n'inent cannot be atl'ected unless there is direct railway
coiiiniunication betwcten the two county towns. Also, there must be a
HufFicient lock-up in or near .said ccaiiity town of the tir.st-nieiitioned
county I'or the safe custody of prisoners broiii^fht th(>re.

Such ajfreeiiient may c Jiitinuo i"or five years and thereafter, until
varied or ttsrininated by agreement, or arbitration, or proclamation of the
iii( ut.enant-Governor.

4'r5.'». Joint Ownership of Court-House. The statutes provide that
tiie ('ouiicil of an}' c(anity, and the Council of any city or town in the
county, but .separated for municipal purposes, to cntc* into an aj^reement:
'; ° I. Kor the purchase of land within the county town for tln' erection of
suitable buildinjfs for the use of the ccauity and city or town for municipal
and judicial purposes.

2. h'or the erection, maintenance, use, management ;ind control t)f such
l)uildin<rs.

{{. For ascertaining;- and lixiiii^' the amount citcli municipality is to
contribute for such purposes

4. Kor the sub,se(pient disposition of such land and buildinj,fs, iukI of
any insurance or other moiusys that may be received in respect thereof, and
to pass all such by-laws as may be necessary for purehasinjj; such lands,
and tluf carryinjf out of any such a<;roem(Mit.

4!!U». Separate Insurance. The (!ouncil of each municipality inter-
ested in such court-house and '^luA may, in jjioportion to the amount they
ans liable to contribute towards such buildiii<;s, insure their interests
therein.

4?J1. Separation of City or Town from County Where a city
or town has withdrawn froir. the county for municipal purposes, and the
county has paid to such city or town eomjieiisation aecordinj; to agreement
or award, for the amount contributed by .said town or city prior to its
.separation, towards such court house, gaol, hou.se of eori'ection or rejjistry
office, and the city oi covvn has not erected .se])arate buildin;;s. it shall pay
a sum equal to five per cent, per annum of the amount tlif county paid to
such city or town. This shall be in addition to the amount orijjinally
a<freed upon for such city or town to pay towards th(^ mainteiianee of such
buildiriffs.

4*i8. Enlargement of Buildings after Separation. Where a city
or a separated town has, before July 1st, 1897, been ^aid by the county
after the .separation, for its interest in such court-house and j^aol. hou.se of
correction or reijistry office, and where the city or town tias not erected

MUNICIPAL LAW.

separate iMiildinjfH, tlic award may iluti'nnino what smn.s (il" any) sliall he
annually paid by tho town to the county as its sharo in n'spoet to thr
onliir^eincnts uukU^ aftor their sf])aratioii.

No award shall ho made to purchase liy the county from the city or
town, not I'enai'ated for jmlicial purposes tlie interests of sueii city oi' town
in such huil('in<fs.

I.OCK-Ur IIOUSKS.

4'i9. The Council of every city, town, townshij) and villa;;e may, by
by-law, establish lock-up houses and provide lor their mainteiianci} and
rcf^ulation Tor prisoners sentenced for not nion; than ten days; for persons
detained for exanunation on a ciiminal cUarj^i; for a ])eri<Kl not exceediuff
two days; for persons found in a jaiMic street in a state of intoxication, or
f(H- desecrating the Sabbath, for a period not exceeding twenty-four hours;
and for persons detained for transmission to a common gaol for trial or
after sentence.

Two or more municipalities nmy unite and establish a joint lock-up
house.

4JJ0. County Lock Up- The County Council may establish ami
maintain oms or more lock-up houses within the county, and provide for
the salary of the constable in charge out of the county funds.

Th»( person in charge must be a constabh; .specially ap])ointe(l f(jr that
purpose by the magistrates of tin; county at a General Session of the
Peace.

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: 'f''i

,.^r

INDUSTRIAL FARMS.

4lti. The Council of any county, city or town, separated from a cotinty,
may accpiire land for an industrial farm, house of industry and house of
refuge, and may, by by-law, ])r()vide for the erection of suitable buildings,
and maintenance, the appointment, payment and duties of the inspectors,
othcials and .servants, and make rules an<l regulations consistent with law
for the I'egulation of the same.

Two or more contigut)us mujiicipalities may agree to have but one
sucli house of industry for them.

4il'l. Compelling Inmates to Work. The Council may by by-law
provide for re(iuiring jier.sons .sent to such industrial instituti(ais to work
on said farm, or at any work the person appears to be fit for, and apply
the earnings, or part of them, for their maintenance, or for that of their
wife and children, oi to aid them in reaching their friends, as may be
deemed advisable.

4;tJ{. $1.50 Per Week. The County Council may reciuire each
nnuiicipality sending anj' person to such house of refuge to pay for each a
sina not exceeding Sl.50 per week, for maintenance and support.

■ ■■ ^Pf.

>*it^

15'

Ml'NIClFAI. LAW

4114. Indigent Inmates Tht' County Council may puss by-laws for
conniiittiii;; indi^ront pursous for a period not exfocdin;,' twolve months.

4U.V Inspectors' Annual Reports. Tlu- Inspector of such houstis of
industiy is rt'i|uirtd to ki'op ami render annually', or as often as re(|uir(>d
by the ('ouneil, full accounts of all receipts and expenditures, the names of
nil persons received into tlie house and those discharj^tMl, and also thoir
earnin;,fs, a cop^' of which report must be presented to the liO;,nslature.

4:{<». Commitments to House of Industry. Any two ma^ristrates,
or the inspectors of such hou.ses of industry may, by writinj;, under their
liands and seals, connnit the following,' classes of persons to the houses of
industry or of refuj^e :

1. I'oor and indigent persons, incapable of aupiK)itin<^ themsi'lves.

2. Persons without means of support, but are able to work and nd'use
to do so.

'A. I'ersons leadinif a lewd, dissolute and vaj>rant life, and exercisinj^
no ordinary calling,' sutficient to {^ain an honest livinj;.

4. Persons who spend iheir time anil property in pul)lie-houses to the
ne^dect of any lawful calling'.

.'). Idiots.

4111. Punishment of Inmates. Inmates who are tit and able are to
be re}j;ularly employed durinif their continement, and in case any such
persons are idle or refractory they may be jiunished accordinj; to the
rejjulations of said house of industry or refuf:;e.

4IW. Houses of Correction. The Council of every city and town
may pass by-laws for establishing within the city or town, or the industrial
farm, or on jfrounds held by the municipality for public exhil)ition, a
workhouse, or house of correction, and proviile for their govcriniient and
conunitments thereto as in followinj; section :

4lt9. Who to be Committed. The; mayor, police maj^istrate or any
justice of the peace havinj^ jurisdiction within the municipality may
conunit, either with or without hard labor, disorderly persons, drunkards,
vagiants, indiffents and such persons as are iianuMl in Section 4.'i(), aa
the; Council may deem and, by by-law, declare to be expedient. Such
farm and aforesaiil houses shall be deemed to be within and under the
jurisdiction of the nnmicipality.

Until such house of correction is established in a county tlie common
j;aol is constituted such house.

440. Inebriate Asylums. The Comicil of every city haviii};' a
population of .')0,000 or over may pass by-laws for establishini^ witliin the
city an institution for the reclamation and cure of habitual drunkards.

For providin}.;; that the mayor, police maijistrat(! or a justice of the
peace may send habitual drunkards and such other persons as enumerateil
in Section 4.SG, and as by the ( 'ouneil may be deemed expedient.

In case .such institution is establishe<i in any city, Sections 97 to lOS
of Chap. 31S, R. S. O., 1897, shall apply thereto.

Ml'MCIPAl- LAW.

POWERS OK .MINICIl'AI, COrNCII.S.

441. Municipal Officers. I'ln' couiK-ilN of countirH, towiishipH,
cities, towns uiiii villains iiuiy piiss liy-luws lor tlif uppoiiitnn'iit of all
oMictTH iiccoHHiiry in the iitf'airs of tiu' coiporation.or for ( iirryinj^ intf) t'U'cct
tho provisions of any Act of the Li';j;islatuie or any by-law of the
corporation, and also fca* the removal of snch oHieers.

It is lawful for a nieniber of the corporation to act as commissioner,
superintendent or overseer oveiany road or woik undertaken, in whole or
in |iart, at the expense of the municipality : and it shall also he lawful for
the municipality to pay such member acting' in said capacity.

The Council shall also rcfjulate the remuneration, fees, charfjes and
duties of such ofHcers, and tho securities to be j,dven for the performance
of such duties.

44'i- Board of Audit. Kvery County Council at its first meeting,' in
each year shall ap])oint two persons, one only of whom may belonj; to the
Council, to be a Hoard of Audit for the county accounts.

Such Hoard of Auditors may be paid a sum not e.xceedinf^ 1?4 each
per day, for their attemlance at such amlit, ami Hve cents per mile
necessarily travelled in j,'oin;i; to and from .such audit.

4411- Remuneration of Councillors. Councils of counties and town-
Hhij)s may pass by-laws for the ])ayment of meudjers of Council for
attendance at Council, or attendance on Committee of the Council, at a rate
not exceeding S.S per day and five cents per mile necessarily travelled
to and from such attendance.

444. Remuneration of Aldermen. The councils of cities having: a
population of lOO.OOO or over may fix an annual reminieration, not exceed-
ni^ '!<'MH), may be paid aldermen : and that an additional ainiual reminiera-
tion not exceedinir SIOO, may be paiil the ehairnian of thi' Stan<ling
Conniuttees, an<l of the Court of Kevi.sion and tho Local Hoard of Health.
It shall also be provided in reyanl to such aldermen or chaii'irien there
shall be deductions from such remuneraticju for absence from meetings of
Council, committees, Court of Revision, or Board of Health.

■ "1 '1

-'bm

445. Gaol Surgeons The councils of counties, cities, and separated
towns may, in addition to other otlicers, apjioint one or more ins|)ectors of
the house of industry, one or more sur<,feons of the <i;aol and other institu-
tions under municipal charj,'e, and provide for the removal of such officers.

440. Overseers of Highways. Township c(juncils may appoint
overseers of lii<jhways or pathmasters, to make or keep open township
roads durin<j the season of sleif>;hin<^. Such officers have full power to call
out persons liable to perfoi-m statute labor withiti their respective munici-
palities to assist in keeping open such roatls, and may give to such persons
certificates of having performed statute labor to the number of days' work
done, which shall be crcflited on their next season's statute labor.

IMAGE EVAIUATION
TEST TARGET (MT-S)

1.0

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11.25 111111.4 IIIIII.6

Photographic

Sciences

Corporation

23 WEST MAIN STREET

WEBSTER, NY. 14580

(716)872-4503

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MUNICIPAL LAW,

441. Inspector of Highways. The councils of cities, towMships,
towns and villa<,fo.s, may appoint an inspector of hij^liways, dcHnini^ liia
duties and fixing his salary, with power to enforce tlie provisions of their
hydaws for preventing' the growth of Canada thisth's and other weeds
detrimental to husban(hy, and compelling the destruction of the same.

44S. Corporation Surveyors may be appointed by the councils of
cities and towns.

44!>. Fire Companies. Jouncils of cities, towns and villages may
pass by laws for appointing Hre wj.rdens, tiro enginijers and firemen, and
for promoting and regulating fire companies, hook-and-ladder com-
panies, etc.

450. Landmarks and Boundaries. Tiie Council of any township,
city, town or village may, upon application of onedialf the resident land-
owners affected, or upon its own motion, make application to the Lieuten-
ant-(Jovernor, according to Sections 14,1") and Ki of the Surveyors' Act,
for a survey and placing of durable monuments at the front and rear of
any concession line, or at the front or rear angles of the lots therein, to
mark the boundaries thereof.

451. Naming of Streets. The Council may provide for the .survey-
ing and marking the boundary lines of streets and roails,and giving names
thei'eto, and atHxing th(^m to the corners on either public or private
property.

45!!J. Changing Name of Streets. The by-law to change the
name of any street, .scpiare, road, or lane has no effect unless passed by at
least three-fourths of the whole Council, and until the by-law has been
registered in the registry office of that divison. Fee for registering is SI.

The by-law must al.so, before being finally passed, be approved by
the (Jounty Judge. On the day fi.xed by the Judge for considering the
matter, any person interested may be heard before the Judge.

A copy of the by law and of the Judge's appointment shall bh served
on the Registrar or his deputy, at least two weeks l)efore the time named,
and published once in the Onhiriu (jla'.rtti; at least two weeks lu^fore the
time so named, and at least we(ikly for four weeks in such other newspaper
as the Judge directs.

If the Judge approves, his certificate nnist be filed with the by-law
in the proper registry office, and the change takes effect from the date of
filing the Judge's certificate.

451$. Numbering Houses. The Council may provide for the num-
bering the houses an<l lots, and affixing the nundjers to the buildings or
other erections along the streets, and charging the ownei's, or occupants,
with the expen.se incidental thereto.

454. Records of Streets. The Council is re(piire<l to make and
keep a reconl of streets and nund)ers, and also for enteiing the division of
streets, with boundaries and distances, for public inspection.

MUNICIPAL LAW.

4S5. Local Census The councils of counties, townsliips, cities,
towns iiud villaii[es may take tlie census ot" the inhabitants, or of the
resident ni.ale freeholders and tenants in the municipality.

4'tii. Lands Outside the Municipality. The councils of townships,
cities, towns and villa<;j('s may pass by-laws for accjuiring lands outsidi; the
nuinicipality, but such lands remain part of the municipality where
situate.

45T. Town Halls. Councils of townships may pass b^^-laws for
ac(juirin<T lands in any town or village, within or partly within the original
boundaries of the township, for the erection of a town hull.

458. Protecting Life and Property. By-Laws maj'^ be passed by
the ( 'ouncils of townships, towns, villages and cities, having less than
100,000 inhabitants, and by Boards of Commissioners of Police in
cities having 100,000 inhaV)itants or more, for restraining and re'jii-
lating the running at large of dogs, for seizing, impounding, or killing
of dogs ruiuiing at large contrary to by-laws, for selling such impounded
dogs, and also for imposing a tax on the owners, or possessors, or harborcis
of dogs.

4.'»U. Cruelty to Animals. Councils of townships, cities, towns and
villages may ])ass by-laws preventing cruelty to animals and the destruc-
tion of i)ir(ls. Such by-laws nnist not be inconsistent with the statutes in
that behalf.

4(»0. Tobogganing on Streets Councils of cities, towns and vil-
lages may ])ro]iibit or I'cgnlate tobogganing or coasting on the jaiblie
streets, and children from riding on the platform of cars, behind wagons,
atid other vehicles.

4U1. Bicycles Cities having 100,000 inhabitants or more may pass
by-laws governing (not licensing) persons using bicycles and other vehicles
not drawn by horses.

4I»!4. Construction of Scaffolds Councils may provide for inspect-
ing and regulating the erection of scatlblds and hoists used in repairing
and erecting buildings, etc.: and fcjr making ni'ces'^ary regulations for the
safety of workmen employed therein, and also for inspectors of scaflblding.

40;8. Doors of Public BuHdings. Every Council may pass by-laws
regulating the size and nundjer of doors in churches, theatres, halls or
other buildings used foi' worship, ]iublic meetings or ])lMces of amusement,
and the street gates leailing thereto; also the construction and width of
stairways in such Imildings; also similar regulations regarding factories
warehouses, hotels, boarding liouses. hosjiitals, schools, colleges, and all
othei- buildings of like nature: and the structure of stair-railings, strength
of walls, bvams and joists, and their sujiports, and compelling the produc-
tion of the plans of all such buildings for inspection ; also to prevent the
obstruction of the halls, isles, i)a.ssage-ways, alley.s, or np])roaches to such
public laiildings during their occupation by a public assemblage.

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MUNICTPAL LAW.

Police officers may enter any such building during the time they are
occupied, to sec that the by-laws are not being violated.

404. Walls of Buildings. (Councils may also regulate the size and
.strength ol' brick walls, beams, joists, rafters, roofs and their supports of
all buililings to be erected or repaired, and to compel the production of
plans for all buildings for inspection.

4<».'». Licensing Hoists. May also pass by-laws for licensing and
inspecting of hoists and elevators for passengers or freight, u.sed by the
public or for employees, and imposing penalties for using elevators contrary
to tlie provisions of .such by-laws. Such by-laws, however, must be in
conformity with the provisions of the Ontai'io Factories' Act.

4<»<». Erection of Buildings. Councils of cities, towns and villages
may i)ass by-laws ;

I. For regulating the erection of buildings.

2 For preventing the erecting of wooden buildings or additions tliereto,
and wooden fences in specified parts of the corporation.

8 For prohibiting the erection of buililings other than with the main
walls with brick, iron or stone, and roofing of incombustible material
within sjieeified areas.

4. For regulating the rejwiriiig of e.xisting roofs or external walls
within the said areas to be made very n<.'arly fireproof.

.}. For authorizing the removal, at the owner's expense, of any build-
ing erected or repaired in violation of the by-law.

(i. For regulating the u.se of fire or lights in stables, ca')inetnia'.''s'
or car[)enters' shops, and other combustible places.

7. For pre\enting or regulating manufactories or trades dangerous in
cau.sing fire.

8. For preventing, removing or regulating the eonsti'uction of any
chimney, fire-place, ov other apparatus ilangerous in causing tire : also to
enforce the proper cleaning of chinuiey.s.

9. To regulate the safe-keeping of ashes.

10. To enforce the erection of paily walls.

II. To compel owners and occupants of hou.ses to have .scuttles in the
roof, or stairs orladdei's leading to the roof.

12. To cause buililings and yards to be put in a .safe condition to guard
against fire.

13. For reiiuiring the inhabitants to proviile as manj' tire buckets as
may be re(|uirc(l

H. For appointing inspectors to enter upon property at all rea.sonable
times to see that the regulations are obeyed.

1"). For preventing the spread of fires by pulling down adjacent build-
ings when necessary.

16. For enforcing the as.sLstance of inhabitants present at fires.

17. For the erection of proper fire escapes on all public buildings and
factories more than two .storeys high, and compelling the owners to provide
such fire escapes ; and to prevent the occupation of such buildings unless the
fire (\scapeH are provided.

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1^. Regulatin*;- the times wlion stumps, wood, brush, straw, sliavinjjs
or refuse may be burned in the open ai?', and |)rescribin(r the necessary
precautions at such times.

l!i. To regulate the keeping and trans[)orting ol' gunpow<h'r ami other
combustibles or explosive materials, and for providing and regulating
magazines for storing gunpowder for private indiviiluals for a fee, and
compelling persons to stoi-e therein.

4tt'}- Portable Steam Engines. The councils of townships may
pass by-laws fixing the dist'.uice fi'om any public highway within which
any luienclosed portable steam engine may not be used for running a saw-
mill Ol- shingle-mill, and for imposing ])enalties for a violation of such
bj'-iaw.

4<»8. Fire Protection in Portion of Town. L'pon petition of a
majority of the ratepayers entitleil to \ote on money by-laws in any
dctined area of a town or village, re])resenting in valiU' more than one-half
of the as.sessed real property in such area, the Council of every town and
village may, without the vote of the electors, pass Ij^'-laws for th(-' purcha.se
of a fire-engine and otlier ajjjiliances, and the supply of water therefor for
the pui'poscs of tire pi-otection : also defining what real propci'ty within
such area will be benelited tiy such lire protection, and is to be charged
with the cost of the same, and making provision foi- levying in such pro-
perty the cost of managing and maintenance

4<M>. Issuing Debentures. The Council may levy in any one year,
upon the property to be lienefited, the whole cost of such fire engine,
appliances and for wati-r sup))ly, or may issue debentures payable in
anniuil instalments during a p(!riod not exceeding ten years, with interest.
The assent nf electors is not re(|uir('il,

410. Joint Ownership. The councils of two or more adjoining
nuuiicipalities, whethei- in thr same county or not, nuiy purchiise jointly a
fire engine and other appliances for tire protection, or road-making machin-
ery, and agree as to the respective share of the cost to Ije borne by (sach,
ami the places where such arc to be kept.

411. Vacant Lots. Councils of cities, towns and
by-laws causing vacant lots to be enclosed.

4l!4 Fences. Councils of townships, cities, towns and villages may,
by by-law, deternune the height and de.scri])tion of lawful fences: also the
lieight, description and manner of maintaining fences along highway.s, and
for compen.sation for the increased expense (if any) to ]>er.sons required to
keep up such last-mentioned fences.

4^!8. Line Fences. Councils of townships, cities, towns and villages
may determine the height and description of division fences, how the cost
shall be apportioned, and how amount .so apportioned may be recovered.

Where such by laws are not made, the Line Fences Act and the
Ditches and Watei'courses Act shall a[)ply to the nuuiicipalities. See
Section (!(i8, tins book.

vulages may jiass

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MUNICIPAL LAW.

4T4. Barbed Wire Fences. Same councils as above may provide for
proper jirotection against injury to persons or animals by fenc . con-
structed wliolly or in part of barbed wire or any other material ; <ind in
towns and cities for wholly jjrohibiting them along streets and pulilie
place;

4T.'». Snow Fences. Councils may require owners or occupiers of
lands bordering u[)Ou any public highway to make, alter or remove any
fence, subject to tlie provisions of the Act Respecting Snow Fences.

47ii- Water Gates. Councils may compel owners of lands through
whicii any open drain or watercourse passes to erect and keep up water
•rates whijre fences cross such drain or watercourse.

411. Boundaries of Marsh Lands. Township councils may, by
by-law, declare that in case of any lands wliere the boundary line or any
part of it passes through a marsli or land covered with water, such part
shall be deemed to be wholly enclcsed within the meaning of the Act
Respecting Petty Ti-espasses, if jjosts are set up and maintained along such
part of such line at distances whicli permit of each being clearly visible
from the adjoining post.

47H. County Council and Fences. The councils of counties, in
respect to fences along highways which it is their duty to maintain, have
the same powers as tho.se of townships, cities, towns and villages mentioned
in Section 472. Also similar powers as councils previously mentioned in
respect to snow fences, and to assist and compensate, eithei' by payment of
money or otherwi.se, owners or occupiers of land bordering upon highways
within the county, for taking 'vn, altering or removing fences likely to
caust! drilts tliat would impede tiavel, and to construct some other fence
which the Council may prescribe.

4'2!>. Providing Pounds. The Councils of townships, cities, towns
and villages may })rovide yards and enclosures for tlie safc^ kee])ing of
impounded animals ; may pi'ovide for re.straining and regulating the run-
ning at large of animals, and for selling such as are impounded, in cast;
they are not claimed within a reasonable time, damages, tines and exjien.ses
paid ; for appraisiug the damages and determining the compensation to be
allowed for services renden-d in carrying out the pi-ovisions of Acts
respecting animals impounded.

4H0. Protecting Graves. Councils of townships, cities, towns and
villages may, by by-law, |)rovide for preventing the violation of cemeteries.

481. Weeds. Also for preventing the growth and compellin;^- the
destruction of Canada thistles iind weeds detrimental to husbandry.

48*J. Shade Trees. For preventing injuiy to trees or shrubs planted
or presei-v(!d for shade or ornament.

4H;{. Signs and Posters. To prevent the defacing of printed or
other notices, or pulling down or defacing of sign-boards or other notices
lawfully affi.xed.

MUNFCIPAL LAW.

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484- Night Watchmen. Councils of citie.s, towns and villages may,
l:y by-law, appoint, employ and pay one or more night watchmen to patrol
at night, or between certain hours of the night, any .street or portion
thereof, for the protection of property within tin.' limits defined in the
by-law, and for levying upon all the real property within said limits,
except vacant lots, for the expense of such watchmen.

No such by-law shall be passed except upon petition therefor by two-
thirds of the freeholders and householders, who would be liable for tlie
expenses incurred, and who represent in value at least two-thirds of the
real pioperty on the street or portion of the street liable to be charged for
the expense.

1'he signatures to such ])etition must be proved by affidavit of a
reliabhi and compistent witness to be genuine, Ijefore the Council can act
upon it.

As between landlord and tenant of any premises within such limits,
unless thei-e is an (!xpr(;ss agi'eement to the conti'ary, the tenant is liable
i'or the expense to be levied for the time of his occupancy.

481. Public Morals. The councils of fcownshi])s cities, towns and
villages may pass by-laws:

1. To prevent |)Osting of indecent placards, or pictures, or writing
indecent words, or making indecent pictures on walls or fences in public
places.

2. For preventing vice, drunkenness, profane swearing, obscene or
grossly insulting language and other inmiorality and indecency.

8. For suppressing disorderly houses and houses of ill-fame.

4. For suppressing gand)ling hou.ses, seizing and destroying faro-
tables, rongr. et nolr, roulette; tables, and other devices for gambling found
therein.

5. For preventing horse-racing.

6. For restraining and punishing vagrants and per.sons found drunk
or disorderly in a. street or other public place.

7. For j)reventing indecent public exposure of the 23erson.

iS. For preventing oi' regulating bathing in any public water in or
near the nnuiicipality.

f). For prev(inting the sale or gift of intoxicating drinks to a chdd,
apprentice or servant, without the consent of the parent, master or legal
protecti )r.

10. By the councils of cities, towns -...A villages for in.specting public
l)athing-houst's and boat-houses, and for preventing such houses being used
for illegal or innrioral purposes.

11. F'or preventing children being on the streets after certain hours at
night without proper guardianship — ringing the Curfew bell.

48H Food and Drink. The Councils of townships, cities, towns and
villages may pass by-laws :

1. For appointing inspectors, and providing for the inspection of milk
meat, poultry, fish and other natural products offered for sale for human
food or drink, either on the streets, shops or public places.

2. For seizing and destroying all tainted and unwdiolesome meat,
poultry, fish or otiier articles of food.

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.MrXIClPAI. LAW

H. Ijy cuiincils ul' cities ol' oiio liundrod tliousaiul iiilialtitaiits ur muif
fiutlioiizin^f the seizure of unslauj^htered animals, which liave diucl on any
I'ailwuy I'ai'or at iiiiifket, iiiordcr to prevent tliein I'roni heino' uwed as food:
and for ilisposin<r in otlier ways of sucli eareascs, and securiiij,^ to tlie
owners such \ahie as remains o\cr and aho\f tlie expense incurred in
<lis])osin^ of sticii carcases.

4. iSy tlie Councils of townships, cities, towns and villaf^es lor prevent-
iuji; the use of (h'leterious materials in makinj;' l)reaii, and for the seizure
and forfeiture of bread made contrary to the iiydaw,

."). For estal)lishin<;', protectinjf and cleansin<;' public and private wells,
reservoirs and otlier public and private.^ water supply : for closinj;' jiublie
and private wells, I'oi' preventing- the foulini;' or wasting;- of such water, foi'
procurin;^' au analysis of such water, and for making reasoiuible chai'j^es
for the u.se of public water.

(i. For compellinjn' the use of water supplied by the municipality for
drinkin<;- and domestic purposes within certain areas, and i)roliibitini;' thi'
use of sjM'inj;' or well water within such areas for such ])ur[)oses.

4S1. Sanitary Measures. Councils of townshijis, cities, towns ai"l
villaj^es may pass by-laws:

1. For re<.;ulatin<4' the construction of cellars, sinks, cesspools, water-
closets, earth-closets, and ])i'ivies, and for re<;'ulatin<^ the manner of draiu-
inj;', cleanint;' ami disposing' of the contents of the same.

2. For the tilling' uj), diainin<(, cleaning or repairing of any groimds,
vacant lots and [)rivate drains.

3. For making any other j'egulations for sewerage or drainage deemed
necessary for sanitary purposes.

4. For compelling owners, lessees and occupants of real property,
within an}' defined area, to till vip any cesspools, water-closets oi- jirivies
deemed to be dangerous to health.

5. For regulating the construction and use of dry earth chwets within
speeified limits.

(). Councils of cities or towns may provide an<i maintain lavatories,
ui'inals, water closets, etc., either upon the jmblic streets or elsewhere, and
provide the same with water.

7. The councils of cities an<l towns may regulate the; erection or
occupation of dwellings on narrow streets and lanes, in crow<led or unsani-
tarj' districts.

8. Councils of townships, cities, towns ami villages, in order to prevent
the spread of contagious or infectious diseases, may provide for .supplying
i)lanks for the notification and recording of such diseases, ami giving public
notice of houses wh(>re such exist, and foi- taking such measures as the
Public Health Act recjuires.

0. By councils of cities, towns and villages, regulating the interment of
the dead, and preventing interments within the nninicipality.

488. Sewers and Drains- Councils may pass by-laws for opening,
making, repairing or stopping up drains, sewers or waterc(jurses within
the juiisdiction of the Council, and for entering upon and using any land
ill or adjacent to the municipality necessary or convenient for said purpose,

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MUNICIPAL LAW.

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or for providing an outlet for (iny aower, or of establishing works or basins
for the interception or p>n'ific.ititin Tor sewage, and for making all necessary
connections therewith: l)nt subject to the payment of compensation to
persons Kutt'ering injury theri'from, and to any restrictions and liabilities
iinpose<l by the Municipal Act.

481>. Cellar Levels. The councils of cities, towns and villages may
compel (nvners, tenants and occupants to furnish the Council with the level
of cellars already constructed or which may hereafter be made along the
.streets, and re(piiring them to comply with the level fixed by the by-iaw.s.

A ground plan of all buildings to be erected nuist first be deposited
with the proper officer, showing the levels of the cellars and basements.

400. Surface Waters. The Council, in order to prevent the city,
town or village from l)eing tloode<l b}- the surface water flowing from an
adjoining municipality, may purchase such land as would be i-eipiired and
provide an outlet for the water through an}' other municipality. The
coii.sent of the municijiality in which such lands are situate, nuist be
obtained before the.se powers are ex(!rcised.

4tM. Extension of Sewers If in (jrder to procure an outlet for a
.sewer of a municipality it becomes necessai-y to extend it through a
cor.iiguous miuiicipality, it shall have power to so extend it, and to connect
the same to any existing sewer of such numicipality u\)on such terms and
conditions as may be respecti\ely agreed upon; or in ca,s(.' of disagreement
then upon such terms as may bt; determined by arbitration.

If such contiguous numicipality objects to allow such sewer connection
or to have such sewer extended thn)Ugh its territory, then the arbitrators
nmst detiM'mine also whethei', under the circumstances, such sewer extension
or connection be allowed to be made. Nothing in this section shall
authorize the construction of an open drain or sewer or anything done
that wouKl art'ect the provisions of the Ditches and \Vatercoiir.ses Act.

49'i- Wet Lands- 'I'he councils of townships may purchas(> wet
lands at the disposal of the Crown, and it is lawful for the corporation to
raisi! the money by loan or otherwise for purcha.se and drainage of the
same.

4tK8. Obstructing Streets. The Councils of cities, towns and vil-
lages may pass by-laws preventing the obstruction or folding of streets,
lanes, alleys and S(|uares by animals, vehicles, or other mean.s.

They n>ay caus(> the removal of door-steps, porches, railings, or otlier
projections extending into any .street or pul)lic way, at the expense of the
owner.

4JM. Obstructing Highways. Councils of townships, cities, towns
and villages may provide for the removal of any fence, timber, stone, fire-
wood, or other obstructions, placed upon th(! highway ; and if the per,son
so ott'ending defaults for five days after notice to remove the obstruction,
lie is liable for the expense of its removal. This clause docs not apply to
material used for road or bridge purposes.

A worm fence, which is not more than one-half its width upon a road
allowance, is not deemed to bo an obstruction.

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MUNICIPAL LAW.

Also provide H<,'JiiriHt poisons throwing any dirt, filth, rubbiwli or
eurcases of animals upon a street, lane or highway.

No stone or other material shall he put upon roads for repair durinj,'
tho winter months, so as to interfere with sleighing.

41>."». Removal of Snow By eouncils of towns, villages and eities
under one hun(h'ed thousand inhabitants for compelling owners or occu-
pants of premises to remove sncnv.iee and dirt from the roofs and from (h<;
sidewalks, streets and alleys adjoining the pren)ises; also to provide; for
eleaning sidewalks or sti'eets adjoining vacant property, or tiie property nf
persons who, for twenty-four hours, ui^glect to remove the same, and to
clear it away at the expense of s<ieli owners or occupants; and, in defaidt
of payment, to charge such e.\])ense as a special assessment against the
premises.

The by-law may define certain areas only where it shall be operative.

Councils of cities of one tumdred thou.sand, or over, may Hx the tim(!
for removal of sncnv, ice or dirt at Avv hoars after 8 o'clock a.m., when tin-
storm cea.sed at any time bafore « a.m.

4iHi. Cab Stands. Councils of cities, towns and villages may providi;
foi' stands for vehicles kept for hire on tlu; public streets, and may eiect
and maintain covered booths for tlu' protection of tlu; drivers. No such
booth must be placed on the sidewalk in front of [)roperty without first
having the con.sent of the owner or lessee of .such property.

4!>7. Traffic on Streets. Cities, towns and villages may liav<!
by-laws regulating tratlic on the public streets, the width of tires and
wheels of vehicles used to carry heavy burdens, and may prohibit
heav}' traffic and the driving of cattle, sheep, pigs and other animals on
certain streets.

41>8. Width of Sleigh Runners. County councils may provide thai

no sleigh or other vehicle on runnirs, except oitters and ])leasur(^ sleighs, shall
be used upon the jiublic highways of th.e coimty uidc.ss the runners are at
least three feet nine inches apart at the Ijottom. This cannot apply to
non-residents, and the Council may also exempt sleighs ali'eady made
Such by-laws cannot come into force sooner than one year from the time
of its passing.

41M>. Driving on Roads and Bridges is also undir the control of
the various councils, win) may jjrohibit racing or imiii(i<l(irate driving on
highways and over public bridges. Cities of one hundred thousand or over
may .s(!t apart certain streets on which they will permit of fast driving, but
if a, majority of the property owners on such strecits pi'tition against such
by-law it shall be i-epealed.

500. Vehicles on Sidewalks. Tho Council of every uuinicipality
may prohibit carriages, bicycles, skughs and every form of convc^yance
from being u.sed upon any sidewalk, footpath, boulevard, ]ia.rk or other
place used by pedestrians or set apart for ornament or public recreation ;
also for driving any horses or cattle or other animals on or in such places.

.MUNICIPAL LAW.

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501. Statute Labor 'rowiisliii) councils may puss l)y-la\vs iillowiiif^
any person liable to statute labo! to conipi'oniisc I'or such labor at a rate not
exceeding §1 per day I'or ii period not e.\ce(Mlin^ Hvc^ years.

May also ])rovide, that u sum not e.Kccedin;; ij?! per day shall Iks paid
in conninitation oF statute labor.

Also, for increasin<T or reducinj; tlu; innnber of days statute labor
reipiired as per a.sses.smcnt, or may entirely abolish it.

Also, I'or rest-rving a portion of the statute labor or commutation to
be applied to kcepinjj roads open in winter.

50'J. Wharves, Harbors, etc. (-ouncilsol' any municipality may pass
by-laws for makiii<;', im])roviii<f and preservin^j; wharves, docks, etc., I'or
lejfulatin^ harbors, preventinif the lillinj; up or foulinjr of sewers, erecting
beacons, rentinj^ wharves, doc'ks, etc., rej^'ulatint^- \essels arrivini;' in harbor,
imposini^f harbor dues, employin;^ and paying- a harbormaster, removing
door steps, porches, etc., projecting over such hai'bor at the expense of the
owner, and for compelling the removal from any public wharf sliore, bay,
etc., any sunk(!n or wrecked vtvssel (.r otlwM' craft or obstruction by the
own(!rs or charterers

Also, for preventing persons from ol)sti'ueting any drain or water-
course.

5015. Streams and Watercourses. Councils of townships may pass
by-laws for preventing tiie obstruction of streams and watercourses by
trees, or other materials, and i'or removing the same at e.xpense of
offenders.

Wiiencver any stream or creek in a township has been cleared of all
logs bush, etc., to the town line between that and the adjoining township
into winch such stream flows, the Council may serv(! a notice, in writing, on
til',; head of the Council of the sai<l adjoining towtmship, i'e(|Uesting such
Council to clear such stream through tin ^r municipality: and if such
Council neiflects to do so within six months after receivinij such notice,
and if, by rcsason of such neglect, any public road or bridge in either of the
said townships b(>couies out of repair, the township in default becomes
civilly responsible for aii '.images tliat any piirson may sustain by reason
of such want of repair. Cm action must be brought within three months
after the damages wei'e sustained.

504. Acquiring Water Rights. Any municipal corporation may
acquire, by purchase, demise, or gift, tlie right aiid title to any stream,
watercoiH'so or lands in the nuniicipality, or within three miles thereof, and
make all the improvements necessai-y for the ])Ui'po.ses of obtaining ])o\ver
to operate machinery for supplying tjlectric light within the corporation.

They may aei^uire whatever land is necessary for such water
privileges, borrow money and issue debentures for sam(\

The by-law to ratify any agreement thus entered into must be sub-
mitted to the electors and receive a majority of tlie ratepayers entitled to
vote on such by-law, according to the provisions of Sections :V-]H to 'Mio.

After the acquisition of such water privileges tlie corporation may
use the same and grant leases of tlie whole or any part, but cannot sell any
part of the water privileges or of the land until so authorized by a by-law.

%wi

I(»L>

MrNlCII'AL LAW.

wliicli 1ms hfcii subiiiittt'tl to and passed by a vote of the haini: clasH of
i'att'|)ay('rs as voted upon tlie aci|iiisitioii of said water privilcLjes. No lease
shall he i'oi' a loiiycr |)eriod than thirty yeai's, with tiie ri^ht of renewals.

."lOii. Water Works. Any nmuieipality niay, hy hy-hiw, eonstiuct,
improve, maintain, and manajjo water works and all neees,sary buililin^rs,
machinery, ete., Ijelonjiiny tlieieto, in or in the iiei^hljorhooil of the
nHniicipality.

."iOIJ. Gas and Water Pipes. CouneiKs may pass Vjy-hiwsiuithori/.iiii;'
• fas or water companieH to lay down jjipes or eonduits suhjeet to such
re<fiilations as the Council sees tit.

."iOl. Municipal Gas and Water Works. CNamcils of cities and
towns may pass In-iaws fnr the construction of j;as and water works,
lexyiui;' tlu' necessary annual I'ate, and form an eipial amiual sinking;- fund,
for payment of princi]ial and interest, coveriii"; not more than thirty nor
less than five years.

SOH. Street Railways. Councils of cities and towns may provide for
huildiny and operating;' street railways subject to the ti-rms the Lieutonant-
(jiovernor m ly a])prove: and for leasinj,; the same and for levyinjf a special
annual rate to pay the interest, and to provide an e(pial yeai'iy sinking' fund,
for payment of the ])rinci|)al within thirty year.s. They may ext(!nd sucii
railway into an adjoining,' municipality by consent of such nnmicipality,
and subject to the same liabilities and conditions as other street railways
under tlu; .Street Railway Act.

.■iO!> Vestibules for Motormen. Cotnicils of cities may pass by-
laws compellin;j; electric street railways operatinj^ within its limits to
provide proper enclosed vestil)ules upon its street cars, to protect motoi'inen
and othei- per.sons in charge of cars from November 1st to March Slat.

510. Street Railway By-Laws. No by-law for the construction of
ffas and water works and electric street car lines shall be passed until the
estimated expenditure has been published for one month, and the time of
holdinif the ])oll tor two months, tofjfcther with a complete copy of the l)y-
law, and the time for considerinfjf the same in Council for one month, in some
new.s])aper published in the county. The by-law nuist receive a majority
of the electors voting at the poll, and be pas.sed by the Council witiiin three
months after the poll. If rejected at the poll no other by-law for the .same
pur|)0sc must be submitted durinj;- the current year.

i»l I. Telephone Service. The Councils of cities and towns iiave
power to construct, own ami operate a telephone business and service, pur-
chase or lease lanii, buildiuffs, machinery and all apparatus necessary to
conduct such business within the nnmicipality, or within two miles thereof,
and supply subscribers within the municipality or in the neighborhood
thereof, tixinif and collecting rates for same in such manner as the by-law
directs. The sinking fund must provide for the payment of the principal
within thirty years.

Actions for claims by way of arbitration, whether for injury or in

1* >

! I

MrMCIl'AI. LAW

lu;)

•jiiit

asH of
lease

ills.

suc'li

coiiti'aet, iiiUHt lie l)i(m;r|it witliiii six ealeiiilar iimiitliM at'tei' tlw; act was
c<)iiiiiiitte(l, or till' discovery of the iiijiiiy or (iania;,'e, \>y tlie injureil party;
or, ill eas ' there is a continuation ol' ilaiiia^^e, then within one year Troiii the
first coniiiiittal oi' the act or its iiscovery.

tit'i. Trees on Streets. I. CJouncils ol' townshijis, cities, towns an<l
viila;fes may eiieuui'ajfe tin' planting of trees ami shriilis suitable for
afi'onlin;^' shaile on any i .i^liway l)y ahutenient of .statute lahor, nv Wy
payine- out of the ^^'eneral fund .1 sum not less than 2.'3c for every tree
planteil, accordiii;^' to the requiieiii' iits of the l)ylaw.

2. Councils of all niuni(.ipalities may cau.se the removal of any trees,
shrubs, etc., i^rowiii;;- on any street or pui)lic jilace under its control, if
it is deenie(l iiecc^ssary ; but the owner of the ailjoiniii^' property is entitled
to ttni days notice of such intention of the C'^Micil, and also to compen.sation
for his troul)le in planting' and protecting,' the .'^aiiif.

But such owner of adjoining' jjroperty, or a jiathmaster, or other public
otKcer, siiall not remove such tree or shruli without the express pernii.ssion
of the Council. The councils may also make re<;ulations for ])lantin^ and
preserving; ornamental troes upon any street, ])ul)Iic place or S(|uare, also
the distance from boundary lines of private pro])erty, where such trees may
be planted without the consent of the owner or occupant.

.'{. ("ouncils of cities and towns of 40,000 or over may autiiorize the
l^irk Commis.sioner or other officer api)ointed for the purpose, to plai'* such
ornamental trees, and also to trim all other trees, the branches of which
extend over the streets. The municipality shall not Ik! liable; for injury to
trees occasioned thereby, if rea.sonable care, skill and jud<fment luive been
exerci.sed in trimmin^f.

4. Cities of over 100,000 inhabitants may authorize tht; Park Com-
mi.ssioner, or other ofKcial appointed by the Council, to cut down and
remove all decayed trees, remove and transplant any trees, shrubs, etc.,
^frowinj;' in any public place or street under its control after ffivinff forty-
(ii^ht hours' notice of its intention to do so, without bein<r liable to any
owner of adjoining); property, provided tha^ no live tree, uidess within
twenty feet of other tn^es, shall be removed without the consent of the
owner of the property in front of which sucli tree is situate.

5IIJ. Land for Parks. The Councils of all municipalities may pass
l)y-la\vs for ac(|uirinjr land U/V public ])arks, sipiares, drives, etc., in the
municipality or ndjoinin<i- local municipality, without the con.sent of the
owners of .such i\'ti\ propca'ty, and if the amount of compensation camiot be
ajfreed upon, it shall be determined by arbitration.

Where land thus (expropriated is in an adjoining municipality, such
parks must ])e kept in an etHcient state of repair, open to the (General public
and provided with sufficient police protection.

514. La id for Cemeteries. Councils of townships, cities, towns
and villages may pa.ss l)y-laws for ac(juiring land for cemeteries, laying out,
improving and managing the same. The by-law must declare, in express
terms, that the lands so appropriated are for a public c(>metery and for no
other jiurpose, and such land, although without the municipality, shall

• }' iv

.^il

j^ii.

104

MUNICIPAL LAW.

h".

become a [)ai-t thereof, and cease to he a part of the rnuiiicipalitj' to whicli
it formal l;y beloiij^fcil. Sucli by-law shall not be repealed.

1. A cemetery may l)e within the territorial limits of a villaj^e, pro-
viding' the by law nsceivt's the approval of the Local Hoard of Health, and
is ratified by the Provincial Board of Health.

2. Exi.sting' cemeteries or buryinj; <,rroun(ls in a villa<fe or town may
ac(]uiie or exjuopriate lands for eidarjfement if the Provincial hoard of
Health consent. But no lands can be so e.xpi'opriatcd in a city.

:j. f n case the i ouncil and the owner of tiie laiuls expropriated cannot
aj^rce as to price, the matter shall hi? (h^termined by arbitration.

The arbitrators shall decide whether it is in the public interest that
tlie lands, or any part of them, should be isxpropi-iated for said purpose,
and if .so, to fix the pric(! to be paid the owner. The costs shall be in the
di.scretion of the arbitrators.

If the arbitrators award the lands to be taken for such purpose, one
copy of the award shall be deposited with the Registrar of the county or
city, as tlu; case may hv., which shall l)fc a valid title to the lands.

4 The award shall be in writing, and fully describe the boundaries of
Hie lands taken.

5. Lands used as an oi'chard, garden or pleasure ground, and land
within two hundred yards of a dwelling-house shall not be expropriated
without the consent of the owner.

515. Public Fairs Councils of counties, cities and separated towns
may, upon petition of fifty qualified electors, pass by-laws authorizing
the holding of public fairs at oiu; or more of the most convenient i)laci's
not separated from the municipality for municipal purposes, for the .sale,
barter, anil exchange of cattle, horses, sheep, pigs, and agricultural
[)roducts. Public notice of the by-laws establishing such fair must be
given immediately by the Council.

5I<». Markets. No municipality shall impo.se or collect a market fee
upon any wheat, barley, rye, corn, oats t)r otlu'r giaiii, hay or other seed,
or wool, lumber, lath, shingles, cordwood, firewood, dres.sed hogs, cheese,
hay, straw or other fodder that may be brought to the market place for
sale or otlier disposal, or upon the person bringing it, or .the vehicle in
which it is brought.

511. When Market Fees are Chargeable. No market fees .shall
be charged upon butter, eggs or poultry brotaght to the market place foi'
.sale, unless a convenient and fit place is provided by the nuuiicij)ality in
which to expose the same for sale, and which shall afford shelter in sunnuer
and rea.sonable protection from the cold in winter.

1. Where tlie vendor of any article brought within the nuuiicipality,
in pursuance of a prior contract for the sale tliereof, proceetls directly to
the place of delivery without hawking tlie same upon the streets, no
market fees shall be collected.

2. Also, there shall bo no market fee imposed or collected u])on any
article brought into tlie municipality after the hour of ten o'clock in the
forenoon, unless it is brought upon the market place.

MUNICIPAL LAW.

105

gi'oiter

let' sliall be charged for

'.i. No by-law shall require hay, straw or other fodder to be weighed,
or wood to be measured, where neither the seller or purchaser desires it.

4. After nine o'clock a.m. from the first day of April to the Kist day
of November, and after ten o'clock a.m. from the first day of November to
the first day of April following, no person is compelled to i-emain on the
market place, but may go elsewhere to sell. The legal market fee, of
course, must be paid. Tliose coming in Liter need not re-sort to the market.

518. Scale of Market Fees. No higher market fees than the
following may be impo.sed :

Upon articles (upon which fees may be impo.sed) brought to the
market place in a vcihicle drjiwn by two horses, not more than 10 cents.
Upon articles brought to market in a veliicle drawn by one horse, not
more than 5 cents.

Upon articles brought to market by hand or in a basket, '2 cent.s.
Upon live stock driven upon the uiarket place for sale, as follows:
Every horse, n\are or gelding, not more than 10 cents
Every head of horned cattled
Every sheep, calf, or swine,

am. Fees for Weighing. No

weighing or measuring than as follows :

Weighing a load of hay, 15 cents.

Weighing slaughtered meat, grain or other articles, under one hundred
poiuids, 2 cents. ()ver two hundi'ed pounds and under one thousand,
5 cents. Over one thousand pounds, 10 cents.

Live animals, other than sheep or pigs, per head 3 cents.

Sheep or pigs, if more than live, per head 1 cent. If less than five,
for the lot 4 cents.

Measuring a load of wood, 5 cents.

H'Hy Regulation of Traffic. 1. Subject to the foregoing provisions,
municipalities may regulate the retail sale of such articles in the public
streets or vacant lots.

2. The preccfling restrictions shall not apply to any municipality
which keeps in force a by-law providing that the vendors of articles,
subject to market f(!es, may offer them for sale without paying market fees
at any place in the municijiality except the market place.

Such by-law, however, may provide that market fees be collected,
upon such articles as ai'C liable, from those who voiunfjirilt/ use the
market place for selling the same, and also from those who remain or
whose vehicle remains upon that part of a street within one hundred yards
of the market ))lace, .so as to obtain the advantages of said market. This
last clause does not tipply to the sale of any articles to persons carrying on
busines.^ m a hona Jidc store or shop in the vicinity of the market.

.1. Fees cannot be charged on markets made in streets simply. This
• loes not apply to such parts of streets as abut upon a market scjuare.

4. Municipalities which have no establishsd market may regulate the
sale and places for sale of anj' articles within the corporation. Fees may
also be charged for weighing and measuring. Weighing machines may be
established and fees for weighing charged.

1 !

<mi

J I.

106

MUNICIPAL r.AW

H'il. Market By Laws- Subject to the preceding restrictions, the
councils of cities, towns and villages may pa.ss by-laws:

J. For establishing markets, or continuing old markets.

2. For selling, assigning or leasing market fees.

'A. For regulating the buying and selling of articles or animals
exposed for sale.

4. For preventing (jr regulating the retail sale of meat, vegetables,
grain, hay, fruit, beverages, smallware, and other articles in the streets.

5. For preventing criers and vendors of smallwares from practising
their calling on the market place or streets.

G. For preventing the forestalling c. monopoly of market grains
and all otlier articles and products usually sold in the market for
family u.se.

Farmers and othei- jiroducers may sell such jiroduce and articles at
stores and shops at any hour of the day.

7. For preventing or regulating the purchase of such things l)y
hucksters, grocers and butchers or ruiniers.

N. For imposing penalties for light weight, oi- shoi't coinit, or short
measurement in an^'thing marketed.

!). For seizing and forfeiting bread or other articles of light weight or
short measurement.

10. For regulating all vehicles, and all other things in which anything
is offei'ed for sale, and for iinpo.sing a reasonable duty thereon.

11. For selling, after si.x hours' notice, butcher's meat distrained for
rent of market stalls.

H'i't. License for Sale of Meat. The Council of every town and
village, ami of every city having less than 100,000 inhabitants, and the
Board of Commissioners of Police of cities having 100,000 inhabitants
or more, may pass by-laws granting licenses annually or oftener for the
sale of fi'esh meat for less (piantities than by the (piarter carcase, and for
regulating the places where such sales shall be allowed ; and for prevent-
ing the sale of fresh meat in less quantities than by the quarter carcase,
uidess by a person holiling a valid license and in the place authorized
by the Council.

The fee allowed for municipalities to charge for such licen.se is a sum
not exceeding !->")0 in citic^s, and .^25 in towns and villages.

H'ilt. Pawnbrokers. I. Fvery penson who takes, by way of pawn
pledge, any goods for (he repayment of money lent thereon, shall be deemed
a pawnbroker.

2. No person shall exercise the trade of a jxiwnbrokcr unless he
obtains a license from the Treasurer of the Municipality, and which must be
renewed annually.

.'}. The fee for license is S(]0 per year.

4. The ]jenalty for exercising such trade without having ol)tained a
license for the same, or renewal, is $'A) with costs for every pledge so taken.

5. No person by having one license can keep more than one house or
shop for taking goods in pawn.

0. A partnership of any number of persons may carry on the trade in
the same house under one license.

MUNICIPAL LAW.

107

7. Every pawnbroker hIuiII have a l;^ii with his name and the word
" Pawnbroker " in hirge, leijible ciuiracters tliereon, phiced over the door
outside of the shop.

8. 'J'he penalty for nei^lect to luive sueli sign so placed is §40 for every
shop or place made use of lor one week without having sucii sign put up, to
be recovered before a Police Magi.strate or two Justices of the Peace, and in
default of payment, or recovery througii distress to imprisonment for a
period not exceeding three months nor less tiian fourteen days.

it. Every pawnbroker shall also have pa.ntetl or printed in large legible
chaiacters, and placed in a conspicuous part of tlie shop, the rate of proiit
the statute.s allow to be taken, and also the various prices of tlie notes or
memorandums given when the money is advanced, which ones are r//v///s,
and the expense of getting another, if the first one for any reason is lost.

10. Before he advances money over SI on go(jds lie nmst enter in
a book kept for that purpose, in a legible hand, a oescription of the goods,
the sum lent, with the day and year, and name of person pawning the
goods, his street and number, and whether he is a lodgcsr or the keeper of
such house, according to the information recinved from such per.soji. If
the sum does not exceed !?1 a similar entry must be made within four
hours.

11. Pledges upon which more than S2 are lent -all be entered in
a separate V)ook and numbered consecutively as such goods are pawned
(as No. 1, No. 2, etc.) every month throughout the year, and u] on the note
respecting such pledge be wi'itten the same number as entered in the book.

12. At the time of taking a pawn, a note or memorandum shall be
given to the person pledging the goods containing a description of the
same, the money advanced on them, the date, names, place of abode and
number of hou.se, and upon the back of the note the name and place of
business of the pawnbroker.

Mi. The fees allowed to be cliarge<l for each note or memorandum are:
When the sum loaned is under !?1 the note shall be gratis; if the sum is
$\ but under $2, one cent; if !*:' and un<ler •S'j, two cents; if §5 and under
$20, three cents; if S20 and u])wards, seven cents.

1 4. The i)enalty for pawning the goods of others is a forfeit of not
less tliau S>4, nor more than S20, and also the value of the goods pawned.

15. If any person knowingly buys or takes in pawn from any journey-
tnan mechanic, gooiN of any manufacture in any stage of maimfacture, or
goods which iiave been entrusted to any person to work, ii'on, etc., shall,
upon conviction or confession, forfeit the sum lent thereon and restore tin.'
goods.

The owner of such goods illegally pawned may, on his oath liefoie a
•lustTce of the Peace that there is just cau.se to suspect the goods have been
pawnecl, obtain a .search warrant and search the sus[)ected places.

Hi. If the party keeping such place refuses to admit the officer, and
al'ttu" a forced entry the goods ar(! found concealed, and if satisfactorily
identified, they shall be restored to the |U'o[)er owner, and the oceupiei' of
such place where the goods are found shall be fined not less than $!S nor
more than ?20.

17. If the pawiier within one year offers to redeem the goods,
tentlering the note or memorandum and the principal money borrowed,

>ti; ;

J":

108

MUNICIPAL LAW.

together with the lawful profit, and the pawnbroker refuses to deliver
the goods, lij may be brought before a Justice of the Peace for examina-
tion and if the tender of the money and note is proved to have been
made within one year and the lender still refuses to accept the same, the
Justice may order the goods forthwith to be delivered uj) to the borrower,
and if the lender refuses or neglects to deliver the same or make satisfac-
tion for them, the Justice shall commit him to gaol until he delivers up
the goods according to the order or makes satisfaction for the value of
them.

IS Where goods have been lost, damaged, embezzled, or sold btjfore the
time, the Justice may fix the amount of satisfaction to the owner.

19. No fee shall be taken by a justice for a summons relating to
goods pawned.

The penalties recovered belong to the municipality.

20. No pawnbroker is liable to a prosecution before a Justice under
this Act uide.ss information is given within twelve months after ottence
was committed.

No person who has been convicted of fraud or felony shall prosecute
or inform against a person under this Act.

An appeal may be taken from the judgment of the Justice to the
(Jourt of General Sessions.

5'i4. When Goods may be Sold. All pawned goods are deemed to
be forfeited and may be .sold at the expiration of one year, exclusive of
the day on which tliey were pawned.

When the sum lent exceeds S2 the goods nuist be .sold by public
auction. 'J'he goods nuist, before such public sale, be exposed to public
view, and a catalogue publisheil giving a description of the goods separ-
ately, the uionth when received, and number of the pledge, and a notice
of the intended sale nuist l>e inserted twice in a public newspaper.

In case the goods are not described separately in the catalogue it
incurs a penalty not less than .'ii'H nor more than $40.

If tiiere is any surplus over sum lent and cost of catalogut; and
advertisement, it must be paid over to the borrower.

The person for whom the goods were pawned may inspect the
■' Account of Sales Book " for the entry of the sale, on the payment of five
cents.

In case the pawnbroker refuses inspection of the entry of the .sale,
or if the goods were sold for more than the sum entered for, or in ca.se the
entry was not made, or he diil not bond tide sell the goods according to
legal reiiuirements. or refuses to pay over the surplus to the borrower on
demand, he shall forfeit $iO and treble the sum for which the goods
were pawned.

aim. Restrictions on Pawnbrokers. I. They must not receive
goods from any person who appears to be undei' fifteen years of age, or
to be intoxicated ; or,

2. Purcha.se or take in pawn the note or memorandum of any other
pawnbroker ; or,

8. Employ any person under sixteen years of age to take any pledge ; or.

MUNICIPAL LAW.

109

4. Receive any floods as pawn on Thanksgiving^ Day or Sunday, or on
any other day before <H o'clock am., or after eiglit in the evening, except
Saturdays and the evening before Good Friday and Christmas, when the
pawn shop may keep open until ten o'clock p.m.

H'tii Registration of Births, Marriages and Deaths. Notice must
be given to the Division Registrar as follows:

1. For liirths, notice is to be given by the parents, or some one repre-
senting them, within thirty days.

The medical practitioner attending the birth is also re(|uired forthwith
to give such notice.

If not registered in the proper time, the Registrar may register at any
time within one year; but after lapse of one year, then only by tlie written
consent of the Registrar- General.

If the birtli is I'egistered without giving a name to the child, or if it is
desired to change the name, it can be done any time within ten years, by
furnishing to the Registrar a certificate signed by the clergyman who
baptized it; or, if not baptized, then by the parents or guardians of the
child.

2. For marriages, eveiy clergyman shall report every marriage he
celebi'ates to th(! Division Registrar within tliirty days. The Registrar
General may permit the registration of an unregistered marriage any time
within ten years.

•S. Some person in the house, or present at the death of a person, is
re(juired to supply the Divisioii Registrar with all the particulars required
to be registei'ed before the interment of the body.

The meilical practitioner last in attendance shall forthwith on receiv-
inff notice of the death, .send to the Medical Health Oificer a certificate of
the cause of death. Interment must not take place until a certificate of
rt'gistration has been ol tained,

ii'il. Penalties. Any person wlio, in any of these requirements, know-
ingly makes a fal.se .statement shall, upon conviction before a stipendiary
magistrate or a Justice of the Pefiee, forfeit a sum not exceeding S.jO.

For neglect to give the required notices incurs a penalty (jf not
exceeding SIO foi- each ease. Action must be commenced within two
years. One half of the tine goes to the informer and remainder to the
municipality.

5*JH. Auctioneers- Councils of counties, separated towns, and
cities of less than 100 000 inliabitants, and Boards of Commisioners of Police
in cities of 100,000 or over, may provide for licensing and regulating
auctioneers and othei- ])er.sons, for the .sale of goods by public auction, and
for fixing the sum to be paid for such license, and also for prohibiting the
granting of such license to a person who is not of good character, or whose
premises are not suitable, or whei-e it is not desirable to have such business
carried on.

A bailitr, in k. Iling goods ilistrained for rent, does not need a license.

ii'ii}. Billiard Tables. And by same councils and commissioners
a-j above, for licensing and regulating billiard and bagatelle tables and

^;r

110

MUNICIPAL LAW.

bowling alleys, conducted by persons for liire or yain, and for fixinjj the
Slim to be paid foi* said license ; and also for licensing bill-posters and
tixinfj the sum to be paid therefor.

•VtO. Public Shows. By same councils and coniniissioufrs as
named in Section ^'2fi, for licensing and regulating e.\hil)itions of wax-
works, menageries, circuses, roller skating rinks and similar places of
anuiscinent, and tixing the sinus to be paid for such licenses, and imposing
tines for infringements of such by-laws, which, however, must not exceed
the amount of the license fee.

No such licen.se shall be granted, or licens for any gambling; purpose
of any description, on the days of any ilistr' t or township .-igricultural
socict}' fair, eitiier on the grounds of such society or within three hundred
yards of the same. (See Section ")."J2.)

."»I5I. Hawkers. By the councils and conniiissioners, as stated in
Section 52>S, for licensing and governing hawkers, pedlars and otluT persons
who go from place to place selling gooils or n\erchandiseof any description,
and for fixing the sums to be paiil for such license, which must not exceed
S-')0 for a two-hor.s(i vehicle, §30 for a on(!-lior,se vehicle, SI 5 for a push
cart, and !?1 for one carrying a basket.

iilVi- Gambling at Fairs. .Vny jjerson who carries on, or aids in
carrying on, any kind of gandjjing or any game of chance, at any agricul-
tural, horticultural, live stock or industrial exhibition or fair, or within
one half mile thereof, shall be liable, u{)on sunnnary conviction, to a iine of
not less than S2(), nor more than .S20(), and costs.

5IW. Payment of Taxes by Instalments. Tn cities, towns,
townships and viUages, the Council may, by liy-lii'->" :..;.. ire the payment
of taxes, local improvement assessments and sev, : .'■-■., to be paid into
the oHice of the trea.sin-er or collector, at a date ■' J therein, either in
bulk or by instalments, and may allow a discount :' ;• /Uient on or before
sucli da_y.

The Council may also, by by-law, impose additional percentage, not
to exceed five per cent., on every such tax not paid on the day so appointed.
This al.so applies to non-residents.

In towns, villages and townships, where there has been no day a|)-
pointed for payment, the Council may, by by-law. impose such percentage
on those which have not been [)aid on or l)efore the 14th day of December
in each year. In such ca.se there must be fourteen day.s' previous notice
given.

The Council of townships, cities, towns and villages may pass by-laws
di.squalifying any elector from voting at municipal elections who has not,
on or before the 14th day of December preceding the election, paid all
municipal taxes due against him.

534. High Schools. 1. On or before the 1st daj' of July in any
year, the County Council n)ay, subject to the approval of the Lieutenant-
Governor in Council, pass a by-law for the establishment of a new high
school in any municipality containing not fewer than one thousand

MUNfCIPAL LAW

111

inlmbitiintH, according' to tlif
at tlu' end of any iiuiiiicipal y
i. A liiy;li school district,
may l)c estahlisliod, by by-law
villatrc althou'd) coiitaiiiiiiu- Ic
it is shown to t,hc satisraclioii
the adjoiiiiui;- municipalities 1
villa<i;'(', HO as to constitute a h
tiiousand iidiabitants aceordin

last municipal census; or may discontinue,
ear, a hiyh school already established,
composed of more municipalities than one,
of the County Council, in any incorporated
ss than one thousand inhabitants, jji'oviding
of the Licutenant-liovernor in Council that
>ave ])assed by-laws for unitin<;- with such
iyh school district eontaiiiinii; at least three
o' to till' last ])(Mninion census.

mm In Cities The Council of a cit}- may estal)li.sh as many liij^h
schools in such city as it may deem expedient, subject to the approval of
the Lieutenant-Ciovernor in Council.

aitii. Trustees. I. Any ratepayer twenty-one years of a^e, residing
in the county or Mumicipality in which the hijjli school is situated, wIkj
is not a niemliei- of the Municipal Coiuicil of such nuniicipality or county,
is qualifieil to sfi've as trustee or a mendjer of a Board of Education. Every
High School Corporation shall consist of at least six trustees.

2. Where a lii<;h school district is composed of a county, the County
Council shall appoint six trustees, two of whom shall retire each year.

3. In case of hii^li schools situated in any nmnicijiality within the
jurisdiction of the county, thi'ee of such trustees shall be ajjpointed by the
C'ounty Council, and the additional trustees b}' the municipalities as
follows: If th<' lii<^'h scjiool disti'ict is composed of om; nuniicipality, then
the Couiicil thei'eof shall a])point three additional trustees : if it is compo.sed
of two municipalities, then each one shall appoint two tru.stees ; and where
it is composed of more than two municipalities, each nmnicipality shall
appoint one trustee.

Any portion of a imniieii)ality a.s.sessed for S50,()00, included in a hi<ih
.school district, shall be considered a mniiici])ality for the purposes of this
section.

in evciT case, one of the trustees appointed liy the County Council
and one trustee appointed in each municipality in a high school district
shall retire each yeai-.

4. In cities and towns se|)arate(l fnjm the county, the councils thereof
shall appoint si.\ trustees for each of the high .schools of such city or town.
For further information concerning School Boards and duties of trustees,
see Chap. 2m. H.S. (»., IS97.

5587- Site for High Schools. A high school shall not be
selected, in a township, w ithin (jue hundred yards of the garden, orchat'd,
pleasure ground or dwelling-hou.se of the owner, without his consent.

In selecting land foi' a site for a high .school, or for the enlargement of
the school premi.ses. if the owner of the land and the trustees cannot agree
as to the price thereof, the matter shall be settled by arbitration.

miH. Grants to High Schools from Counties. The County
Council shall, on or before the l.")th ilay of December in each year, pay for
the maintenance of every high school in the county (except those estab-
lished in a town separated fi-rnn the countj-X without any abatement liecause

112

MUNICIPAL LAW.

of fees paid by county pupils, an amount equal to the legislative gi'aut for
each of .such high scliooLs.

For further aid to such schools, where the cost of maintenance of
county pupils exceeds the legislative grant and the tees paid by such pupils,
see Section 32, Chap. 2\VA.

!i'A9. Exemptions- No municipal by-law liertatier passed, exempt-
ing ratable property of a nmnicipality from taxation, shall be construed
to exempt such property from school rates of any kind whatever.

WO. A dulterated Milk. The penalty for knowingly and fraudulently
selling adulterated milk, or diluted with water, or from which the cream
has been taken (skimmed milk), or milk that is tainted or partly sour for
want of proper care of the vessels in which it is kept is, for every oflence,
a Hue of not less than SI nor more than SoO and costs. SUimmed milk
may be soltl if sold as such. Any justice of the peace or a police magis-
trate may hear the ca.se. In default of payment, or failure of distress, the
offender may bo imprisoned for a period not less than one day nor more
than twenty.

The person aggrieved by such fraud may also sue the offender for the
diimagos sustained, and recover both damages and costs.

541. Fraud in Sale of Fruit. Any person who, with the intent
t(; defi'aud :

1. Alters, etiiices or covers any packers' marks made on any article in
which fi'uit is offered for sale ; or,

'2. Counterfeits any such mark, or uses it after the name has been
onae marked ; or,

.'}. Empties or partially empties any such marked article, and puts
therein any fruit not contained therein at the time of the original mark-
ing ; or,

4. Uses for tlie purpose of packing fruit any article bearing marks
previously made by any other packer; or,

n. Falsely states the grade of fi'uit packed in the article marked,
or the name or address of the packer, or the weight or the measure of the
fruit so packed, shall be liable, on summary conviction, to a fine not less
than SI nor more than So and costs.

Mli. Concealing Defects. Any per.-^on who, witi-. intent to defraud,
so arranges apjiles, pears, plums, peaches, clKirries, berries or other similar
fruit in a box, basket, or crate, or othei- article for delivery to any other
person in such a manner as to conceal defects, in size or (juality, in any
portion of such fruit b}^ covering the .same with fruit of larger size or
better quality, or otherwise, shall be liable, on sunnnary conviction, to a
fine of not less than SI nor more than S5 and costs.,

54It. Consignee's Report. Every person receiving fruit of any kind
mentioned in the preceding section for sale in bulk on commission, shall,
when re(|Uested to do so by the consignor, in writing, furnish the said
consignor, within one week after receiving notice, or after disposing of the
fruit, as may be requested, with a detailed statement, in writing, in regai'd

hS.1

MUNICIPAL LAW

ii;i

to the sale or (liajK)sal of the stuno, givinfj tlie price oi' prices received and
the names and addresses of the purchasers.

544- Malignant Diseases among Horses. The Minister of Agri-
culture may appoint a veterinary inspector, wlio may, in tlie district for
which he has been appointed, enter upon any i)remises in the performance
of his duty, and, if necessary, call upon any constable or other officer to
aid him in carrying out the regulations of the Act :

L Whei-e it appears to any person that any horse is atiected vvitli a
malignant disease, it is his duty to notify the Minister of Agi'iculture by
sending a statutory declaration made before a justice of the peace, a com-
missioner or a notary public, and also to notify any other person known to
have jurisdiction in the matter.

A person who maliciously and without reasonable cause gives such
notice is liabh; to a p(;nalty, not less than .S2o nor more tlian S5().

2. The owner of a horse he suspects to be .so atiected is rccjuired to
take all reasonabl(! precautions to prevent the spread of the disease until
it has been determined by the veterinary inspector that the horse is free
from disease.

3. Where it appears to the in.spectoi" that a liorse is so affected, he
shall notify the owner at once, and also the Department of Agi-iculture.

He shall also cause it to be safely kept where it will not transmit the
disease to others.

4. The councils of counties, cities and separated towns may pass by-
laws for the inspection of all horses within the respective municipalities,
or may limit it simply to stallions intended for breeding purposes, and
prescribe such regulations as to the Council seems expedient.

5. Where a county does not pa,ss such by-laws townships may. If the
County Council shall subse<iuently pass such by-law then the township
by-law becomes inoperative.

6. Any person who refuses to admit an inspector to any field, stable
or other premises where such inspector has ground to believe that any
horse affected with disease is to be found, incurs a penalty not exceeding
$50.

And any person M'ho obstructs or impedes an inspector or other
officer appointed by the department, while in the performance of his duty,
is liable to a penalty not exceeding $100.

7. Any ])erson who exposes for sale or sells any horse which he has
reasonable grounds for suspecting is affected with disease, or has been
pronounced by a veterinary inspector to be disea.sed and unfit for breeding
purposes, is liable to a penalty not less than $100, nor more than S500, for
the first offence, and to the same fine and impi'isonment for not less than
two months for any suKsecjuent offence.

An offence against any of the provisions of this Act for which no
other penalty is affixed, is liable to a fine not exceeding $100 for each
offence.

54.'», Fraudulent Entry of Horses. The penalty for entering for
competition for any purse, prize, premium, stake or sweepstake offered by
any agricultural or other association where the contest is to be decided by

114

MUNICIPAL LAW.

npee<l, iiiiy horse, colt or filly, Tinder a false or assuiuod imiiio or podi<^reo, or
ill H class (litt'ereiit to what such animal ])roperly beloiif^s by the rules of
the society, is liable, upon conviction before a justice of the peace, to a
penalty not less than i#50 nor more than S20(), for each offence, together
with costs, and in case of non-payment, to imjirisonment not exceodinfj six
months. The prosecution mu.st be commenced within two years from the
offence.

.■»40. Cattle and Railway Crossings. Horses, cattle, swine or
sheep found at large upon any highwav within half a mile of the
y)oint where such highway cros.sis a railway track on level grade, unless in
charge of some person to prevent their stopping on sucli cro.ssing, may be
impounded

And if killed at such point of intersectioi. hy a train when not in
charge of a keeper, the owner is not entitled to any action against tlie
railway company.

541. Aliens- No man not being a natural-born or naturalizetl
.subject of Her Majesty, is (pialified to serve as grand or petit juror in any
of our courts.

S F [O V KEGU L ATION S.

1. No person under ten years of age shall be employed in any shop.

2. No child, young girl or woman shall be employed in any shop on
any day of the week, except Saturday or the day before a statutory
holiday, before seven o'clock a.m., or after si.v o'clock p.m.; nor on such
days before seven a.m., or after ten o'clock p.m.

■i. Every such child, young girl or woman .shall be allowe<l one hour
for the noonday meal, ,'ind if employed after six o'clock p.m., forty-five
minutes for an evening meal.

4. They may be employed one other day than Saturday each week
until ten o'clock p.m., but in such case they .shall not be employed on
Saturday after .six o'clock p.m.

5. This prohibition does not apply to the time Ijetwcen the 14th day
of December to the 24tli of December, inclusive, in each year.

(). The penalty for the employment of any child, young girl or woman
contrary to this Act, is a fine of not less than SIO, nor more than S25, for
each person so employed, with costs ; and in default of payment to
imprisonment for not less than one month nor longer than three months.

7. Every shop in which females are employed shall provide seats and
keep therein a sufficient number of seats or chairs for every such female,
who shall be permitted to use such .seat when not necessarily engaged in
her work, and the employer shall not, by any means whatever, try to
previuit such female using such .seat. The penalty for its violation is the
same as named in the preceding paragraph.

8. A notice giving the regulations of this Act ; and also the name and
address of the in.spector is rcijuired to be kept posted up in every shop.

MUNICIPAL LAW.

115

54H. Factoripd Act. This Act for Ontario is \ory important
and jfuards weU tlio hcst intert'stH of the employer as well as makinjj; jii.st
provision for the protection of the healtli, personal comfort and life of the
em|)loyee. As all the reijulations of the Act are required to be kept posted
up in every factory, it is niu)ecessary to enumerate them here.

.MO. Offensive Trades. The followinfj trades shall not be carried
on in any municipality without the consent of the Council :

Hlood boilin<f, bone boiliu<f, retiiiin<f of coal oil, extracting oil fiom
fish, storin^f of hides, soap boiling, tallow melting, tripe boiling, slaujfhterinjj
of animals, maiuifacturiiif^ of j;as or "uy other noxious or nauseous trade
or maiuifacture. The penalty for establishinj^ any of the above without
consent, is a sum not exceedinj^ !i?250 ; and for carryinjf on any such
business without such consent, a penalty not exceeding,' Sl() for every day
such business is continued afttsr notice in writing by the local Board or
any of its officers, whether there has or has not been a conviction in respect
to the establishment thereof.

ami. Bakery. All baki'-shops are to be constructed and kept in
a sanitaiy condition, with wash-room, closet and other conveniences for the
employees, together with sleeping-rooms — all to be separate from the bake-
shop. Employees shall not work on Sunday, nor longer than ten hours
per tlay, nor more than sixty hours per week.

No person affected with consumption of the lungs, or with scrofula or
with an}' venereal di.sease, or any communicable skin di.sease, shall be
permitted to w^ork in any bake-shop.

Any employer who violates any of these provisions, or who refuses
admittance to the insjiector, or ni-glects to comply with any of his lawful
re(puremonts, shall for the first ottence be lial)le to a penalty of not le.ss
than !520, nor more than S.'jO : and for a second offence not less than $50,
nor more than .SI 00, 'oesides costs: and in default of payment to imprison-
ment for not less than thirty days, nor more than six months ; and for a
third and subse(jU(int offence, to impri.sonment for not less than six months
jior more than one year, with hard labor, at the discretion of the magistrate.

am. Closing of Shops. Councils of a city, town or incorporated
village, may pass a by-law requiring that during the whole or a part of
any year, all or any class of shops within the nnniicipality shall be closed
and remain closed on each or any day of the week, during any t'lne or
hours, between seven o'clock at night and five o'clock a.m. of the next day.

If three-fourths of the occupiers of any class of shops within the muni-
cipality petition the C'ouncil to pa.sH such by-law, the Council shall, within
one month after receipt of such application, pass a by-law giving effect to
.such application and i-equiring all shops of such class to close during the
time fixed in the by-law. Such application may be delivered to the Clerk.

The by-law shall take effect at a date named therein, being not less
than one nor more than two weeks after the passing thereof.

The Council cannot repeal .such by-law unless it is made to appear
that more than one-third the occupiers of shops thus affected are opposed
to the continuance of the by-law.

In shops where more than two classes of trades are carried on, and

IK)

MUNICIPAL LAW

citliur cliisH coiiii'M witliin tlio liy-liiw, hucIi sliops sliiill cloHf at the tiino
imiiied in tlu^ Ly-linv.

ExfcptioiiH arc iiiailc as to .sales hy (lni;,f(,'ists, and also to otluT doalorH
in Halt's to lod^jcrs on the proniiHos, or in any case of ouitT^cncy, as of sick-
ne.sH or the sailing,' of a vcssi'l, or otlu'r eases of neeessity.

Township eoinieils uviy pass such liy-law to a])ply exclusively to an
unincorporated villa^fe therein, and may vary such by-laws lor diH'eront
unincorporated villa^'es within the same township, if it is deen)od
desirahh.'.

If a;fents, clerks or servants of any occupier connnit an ofienctt aj^ainst
the by-law, such a^ent aloiio is liable for the penalty, if i\u' occu])ier proves
that he had used ilue dilioiMice to enforce the provisions of the by-law, and
that the ofience was committed without his knowled;j;e or consent.

LOCAL LMIVROVLMLNTS.

The councils of townships, cities, towns and villages may pass l)y-law8
for the followinj^ pur])Oses :

art'i. Property Benefited. For deternunin<jf what real property
will be immediately benehted by any proposed work, the expen.so of
which is pi'oposed to l)e assessed upon tlie real proj)erty benefited thereby,
and determining the ])roportions of the cost thereof to be assessed to the
various jiortions of veal estate so Lenetitt^d.

A general by-law for determining the pi'operty to be benefited by
local improvements is sufficient, and not neces.sary to pass a special by-law
in each particular case.

There is a right of appeal from any such assessment to tlie Court of
Revision, and from the Court of Revision to the County Judge,

55S. Local Improvement Works — the cost of which is to be pro-
vided for by means of a special rate on the real estate benefited — include :
Deepening any stream, cvav.k or watercourse, and draining any locality; or
the cost of making, enlarging or prolonging any connnon .sewer; or
opening, widening, prolonging or altering, macadamizing, grading, paving
or planking any street, lai.e, alley oi- public place ; or constructing any side-
walk, bridge, culvert, curbing, or sodding any street, S(|uare or public
place. In municipalities having a .system of water works, for the exten-
sion of the branch mains anil pipes, and all other works necessary for
connecting the property of property owners with the .system ; also for
extending the system of lighting for the nnniicipality.

554. Construction of Sewers. In the construction of a common
sewer having a sectional area of more than four feet, one-third of the
whole cost shall be provided for by the Council.

555- Local Improvement as to Streams. If the contemplated
work relates to any stream, creek, or watercourse, or to draining any
locality, rm! in the opinion of the engineer or surveyor, such improvements

MUNICIPAL LAW.

117

will spociiilly henoHt any lands or roads in t\w nninicipniity, or any road in
a ncij^hliorinj^ municipality, lie nIimII cliar;^i* such lands or ronds to l>t'
bciK'tited, and the oilirr niuin(;i|),t!ity, person or company whose lands or
roads aro improved, with such pi-oportion of tho costs of the improvement
as he may deem just, and the amount so ehar^fed orawai'ded hy ai'hiti'ation
shall he paid by such imlividuals or miuiicipal corj)oration as the easo
may he.

.■».■»<»• Frontage Assessment. The .special late so to l)e as.sessed
shall he an annual rate aeeonlin^f to the fronta;;'e of the real pro|)erty
to he hcjnetiteil by the im[)rovenient.

If the tirst ass(!ssnient is not sutlici(Mit the Council shall make a si'cond,
or other additional assessment until sutKcient moneys are realized to j)ay
the cost. If to(j much is levied the e.xcess shall be returned, ratal)ly,
to those who paid the same.

In case of townships where the local improvement takes place within
five miles of a city of ')(),()00 inhabitants or over, if the Council deems that
cca'taiii pi'operty that does not al)ut on the street or othei" ])lace whei'e Liu,'
local improvement is made is specially henetited ami oujfht to bt! char<;ed
with a part of the co.st, the Council may, upon a petition of three-fourths
in luunber of the owners repre.sentin<>- three-fourths in value of tho
lands to be benetited, levy by frontat,^!' rate in lik(! manner upon such
lands, as thou;rh they did abut upon such street or piiblic way wheivin tho
improvi-mont is made.

Tho Council may, howevei', instead of levyin<; by a fnnitage rate,
provide, by by-law, to assess such lands according to the i)roportion of
benefit received therefi-om.

This section does not apply to any work of ordinary' repair or main-
tenance, and all works constructed under this .section shall bo kept in a
<(ood state of repair at tho e.Kponse of the whole municipality.

am. Petition for Local Improvements. Upon petitica. praying
for a local improvement, sij^ncMl by at least two-thirds in numbers of
the owners of any real property to b(! bencifitcd thereby, accordiiifr to the
last revised Assessment Roll, and ropresentinjr at least one-half in value of
such real property, tho Council may take tho necos.sary proceedings for
executing the work with as little delay as possible.

In case a lessee has covenanted to pay all the municipal taxes during
the tei*m of his lease, and the duration of the proposed assessment would
not extend beyond the term of such lease, then such lessee is doomed to be
an "owner" under this Act.

55M. Drains for Sanitary Purposes. If a Council, upon the
roconnnendation of the Local Board of Health, affirm by a two-thirds
vote of all the members of the Council at any regular meeting, that it i.s
in the public interest to construct, enlarge or prolong a sower or drain, to
drain a particular locality for sanitary purpo.ses, it shall not bo necessary
for the Council to give notice of tho proposed as.scssment except the sitting
of the Court of Revision for the purpose of hearing complaints against the
proposed as.se.ssment.

118

MUNICIPAL LAW.

SSU. Council may Initiate Local Improvements, and levy lor
the cost thereof upon the properties benetited thereby, unless u
majority of the owners of such real property, representinfj at least one-half
iii value thereof, petition the Council against the same within one month
after the last publication of a notice of the intension of the Council to
undcilake the said work, such notice to be inserted once in each week for
two weeks in at least two newspapers published in the municipality, if
there are two ; and if not, then in a newspaper published nearest to the
proposed work.

Such work successfully petitioned against shall not be luidertakeii
again by the Council within two years.

If a work of local improvement is not petitioned against by a sufficient
number of property owners, the Council may undertake it during that or
the succeeding year, and shall complete tht! same before making tln'
assessuient.

Owners of real projicrty wliose names are not on the last revised
Assessment lloU may sign the petition for or against the local improvement
work, by satisfying the Clerk of the Municipality, by statutory declaration
or otherwise, that he is the owner of the propi'rty instead of the person
whose name is on such Assessment Roll.

54>0. By-Law Forms. It is optional with the Council whether
to use the short form of local improvement by-laws provided by statute or
the full form.

501. Notices in Lieu of Advertisement. 1. Notices either written
or printed, or partly of both, of the sitting of the t'ourt of RivLsioii
for the confirmation of .such spt!cial asse.'isments may be given to the
owners and lessees having the right to petition, in lieu of the advertisement
in the newspapers previously mentioned.

2. Such noiice shall contain a description of the property in respect
to which it is given, the nature of the jiroposed imjirovement, total cost,
amount of assessment on the particular piece of property, time and manner
of payment, and signed by the Clerk, assessment commissioner or oth<u'
officer appointed by the Council for the purpose, and shall, at least fifteen
days befon^ the time appointed for the Court of Revision, lie mailed to th(.>
address of the persons entitle<i to receive them.

Ten days' notice of the time and place of meeting of the Court of
Revision shall be given in some newspajier having a general circulation,
which shall specify generally what sucl. a,ssessment is for and the total
amount to be levied.

Hii'i- What Notice Required. When notice of the intention of
the Council to undertake a local improvement work under the provisions
of their general by-law, which provides tlmt th(! special rate to be levied
shall bo an annual rate, according to frontage, upon the real property
abutting upon such street or place wherein the work is to l)e done, a gen-
eral description is .sufficient, stating the points between which it is to be
made.

In such case the Council shall, by a measurement of the frontages

W^.

MUNICIPAL LAW.

119

liable for assessment and of those exempt from assessment, for tlie cost
thereof, and at least ten days before its Hnal decision to undertake the said
work, keep a statement of the same open for inspection in the office of the
Clerk. The Council shall also cause to be inserted once a week for two
consecutive weeks in a public newspaper published within the municipality
or in the county town, tlie following notice :

" Take Notice, that the Municipal Council of the Corporation of the
intends to (describing the work) on street,

between (name the points between which the work is to be done), and to
assess the final cost thereof upon the pi'operty abutting thereon and to bo
benefited thereby, and that a statement showing the lands liable to pay the
said assessment, and the names of the owners thereof, .so far as they can be
ascertained from the last revised A.ssessment Roll, is now filed in the office
of the Clerk of the Municipality, and is open for inspection during office
hours.

"The e.stimated co.st of the work is $ , of which § is

to be provifled out of the general funds of the municipality.

" A Court of Revision will be held on at

for the purpose of hearing complaints against the proposed assessment, or
accuracy of the frontage measurements, or any other complaint which
persons interested may desire to make, and which is by law cognizable by
the Court.

" Dated,

There is a right of appeal from the assessment to the Court of Re\ ision,
and from the Court of Revision to the County Judge.

In towns and cities the Judge, without an appeal, may determine what
other lands will be benefited by such improvement and may add such lands
to be asses.sed; but not until notice has been given the owners of such
property of the time and place when the matter will be considered, and
for that reason he may adjourn the hearing from time to time.

If the by-law has specially provided for ascertaining and determining
what real property is innnediately benefited by such work, the Judge shall
then not have power to interfere with the statement, if the assossment is
made in accordance with the by-law, uidess

U]ion the eviilence he finds that they have been incorrectly measured,
or that other lands than those fronting upon the street are alleged to be
benefite<l and are brought into the scheme, or that the assessment upon
corner k)ts, or irregular lots at intersections of streets, has to be modified,
or that in his judgment the share to be borne b^' the municipality should
be changed, or that certain property, from its location, cannot be benefited
by said work.

SOIJ. Power to Borrow funds for the cost of local improvtMuents
from a bank, by temporary loans, until the work is completed and the

t (roper assessment levied, and then to issue debentures to pay the tenjporary
oans is given to all municipalities.

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MUNICIPAL LAW.

i»U4. Cost of Sewers. Where, in order to afford an outlet for the
8ewerat,fe and draina^re of real property not fronting on the street in
which tiie sewer is constructed, such sewer is constructed with a larger
capacity than it otherwise w(juld need to have, the Council nuiy impose a
special assessment upon any other real property benefited by such larger
sewer.

i»Oi»- Cost of Pavements. When the Council is about to con-
struct, remove or alter the character of a pavement on any street or public
place, as a local improvement, it may put in all necessary private drain
connections from any existing sewer on such street, and all necessery water
mains, altei'ation of service pipes, stop-cocks thereby necessitated, and
assess the cost thereof against the property benefited thereby, as part of
the cost of the said local improvement.

iiiHi. Assessment of Corner Lots. The Council may provide
an e(|uital)le mode of assessing corner lots, triangular or other irregular-
shaped lots, at junctions of streets, and may charge the amount of any
allowance made on such lots on the other real property fronting on the
street, or may assume the same as a portion of tlic! municipality's share of
the improvements. There are the usual appeals from such as.sessment.

mil. Lands Unequally Benefited. Where lands on either side
of a street, in the opinion of the Council, are unfit for building purposes,
they may assess such property for local improvements at a lower I'ate than
others fronting on said street. The Coimcil shall, in all cases, deteiniine in
what proportion the cost of such improvements shall be borne by the lands
on each side of said streets, respectively.

508. Assessment for Boulevards. KeaJ property adjoining or
fronting on any park, sijuare, or b'.."!ev avd, shall be .specially a.sse.s.sable for
improvements respecting such pla(!es in same manner as real property front-
ing on streets, but only to the (ixtent that such lands are benefited by
such improvements.

Where lands on one side of a drive or boulevard are a park or squai'e,
or for other rtiasons are exempt from taxation, at least one-half of the cost
of such improvements shall be borne by the inunicii)ality gcsnerally.

No petition shall avail to j)revent the carrying out of any local im-
provement work or service in any such park, scjuare, drive or boulevard,
and the making of special assessments therefor.

."»<M>. Assessment of Property not fronting on streets or high-
ways on which improvements are made, as extension of sewers, sidewalks,
paving, or construction of bridges, is provided for in the Local Improve-
ment Act, and the Council may asscjss all such property as to them seems
equitable for their share of the cost, relatively to the benefit such lands
derive from the works, and in case of townships such lands may be asses.sed
by a sjiecial rate instead of by a frontage tax.

510. Purchase of Works. In townships where owners of real
property have ccnstructed works which might have been constructed by
the municipality as local improvements, the Council may, upon petition of

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121

three-fourths of the owners of the lands to be benetited by the acciuisitiou
■of such works, representin<>- at least two-thirds in value thereof, purchase
the same at r. price fixed hy arbitration, and raise the purchase money by
assessment upon tlie real property benefited thei'oby.

aHi- Paying Half the Cost of Bridges. Tlie Council may, by a
two-thirds vote thereof, declare tliat the construction of a certain
bridge, culvert or embankment benefits tlie municipality at large, and
would not be equitable to raise the wiiole cost by local assessment, and the
Council may, in such case, pass a by-law for borrowinj^ tiie money, by the
issue of debentures upon the credit of the municipality at large, and pay
on(,'-half the cost of such improvements.

Such by-law does not need the assent of the electors.

rtVi- Sidewalks Built by Private Owners. The Council nuiy
permit ownevs of lands to build or improve sidewalks in front of their
lands according to the plans and regulations prescribed by the Council,
and as long as such walks are kept in the same state of repair as other
walks, they shall be exempt from taxes for improvements of like nature.

aill- Plank Sidewalks. Councils of cities and towns may, by a
two-thirds vote of memliers present at any regular meeting, deciding it to
be in the public interest, lay down a plank sidewalk without petition or
notice, and assess the properties abutting thereon for the cost of the same.

.'514. Granolithic Sidewalks. Councils of cities and towns which
have not adopted the local improveujent system for sidewalks, may pass a
by-law to advance from the general funds or borrow on debentures forty
per cent, of the cost for the construction of ghmolithic, stone, asphalt or
brick sidewalks upon the leading streets of the mimicipality, in addition
to the part of the cost to be proviiled by the municipality, and issue
debentures for such total amounts. The assent of the electors to such
by-law is not necessary, but it must be passed by a three-fourths vote of
the niembei"s of the Council.

The remaining part of tlie cost will be levied upon the property
benefited.

515. Street Intersections. Tlie Council may also by by-law
provide that the cost of local improvements opposite street intersections,
or exempt properties, may be charged on general rates or taxes for the
year. Such by-law need not be submitted to the electors for approval.

510. Exemptions from General Rates. Any real property assessed
for a local improvement work shall be exempt by the Council from
a general rate for the same purpose, except for the cost of works at street
intersections, and to meet the cost of works opposite property which is
exempt from such special assessment.

Exemptions may be allowed for a specified period petitioned for by
two-thirds in number of the owners of property abutting on streets having
the local improvement work done, and agreed to by the Council, or the
time may be fixed by a sole arbitrator which shall be named by the County
Judge in ease the Council and the petitioners cannot agree. When ownera

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MUNICIPAL LAW.

■

lire exempt as here luentionod the Council i.s re<|uired from year to year to
state wliat portion of the general rate is for such purposes for which there
is such special rate. Unless a by-law is passcil containing such a statement,
none of the funds raised by a general rate on real property specially
assessed for any improvement shall Ije applied to any work of the same
character.

H'i'i. Covenants Against Encumbrances. The costs of local im-
provements being charged against leal property, shall not be deemed a
breach of covenant by a vendor or per.son agreeing to sell, tlijit he has done
no act to encund)er the real property, except to the extent that the amiual
or other payments in resjject to such charge are in arrear and unpaid.

5^8. Adoption of Local Improvement System. 1. The Council
of any township, city, town or village may, by a by-law passed with
the as.sent of the electors, provide that all future improvements of the
nature of local improvement works may be by local assessment on the
property benefited, and not exempted by law.

Such by-law cannot be repealed without the consent of the electors.

2. Such bN'-law shall not be repealed without the as.sent of the
electors, and in case of such repeal the provisions of the Act respecting the
freedom fi'om general rates of property subject to a special rate shall apply
to all pioperty which has been specially rated while the repealed by-law
was in force. The time when the exemption is to cease shall be determined
by arbitration, the arbitrator to be appointed by the County Judge on tin-
application of the Council.

!i79. Sweeping' Lighting and Watering Streets. The Council of
a township, city, town or village may pass by-laws for raising, upon
petition of two-thirds of the resident freeholders and householders on any
resident street, square or alley, I'epresenting in value one-half the assessed
real property therein, such sums as may be neces.sary for sweepir.g, water-
ing or lighting such street, road, s(|uare or lane by means of a special rate
on the real property therein, according to frontage thereof, or according to
the assessed value thereof, if so adopted by a three-fourths vote of the full
Council. But the C^ouncil may charge the general Corporate Funds with
the expenditure incui-rcd in such sweeping, watering or lighting.

After such by-law has been passed in the nninner aforesaid, the
Council may pass a by-law dividing the municipality into areas or sections
within which the streets may be maintained, repaireil, cleaned, swept,
lighted, watered, grass cut and trees trinnned, and dirt, snow and ice
removed from sidewalk, and to impose a special rate upon the real property
benefited according to frontage, in order to pay the expenses incurred.

Church exemptions do not hold against assessments for local improve-
ments, but such property is assessable same as other real estate.

The grounds and buildings of universities and colleges are also liable
for assessment for local improvements. This does not apply to such
schools as are maintained in whole or in part by legislative grant or a
school tax.

MUNICIPAL LAW.

I'J.-?

.WO. Corporations Share of Local Improvement Debts. The

Council may pa.ss all by-laws from time to time to raise loans and borrow
money required for its sliaie of any local improvements. It is not
necessary to obtain the as.sent of the electors for the passinij of such
by-law, provided always that the (general debt of the municipality shall
not be extended thereby beyond the limits fixed by the statute.

The Act proviiles that debentures issued under local improvement
by-laws do not form part of the j^encral debt of the municipality, and need
not be recited in any by-law for borrowing money on the credit of the
municipality ; but that it shall bo sufficient to state that the general debt is
exclusive of local improvement del)ts secured by special rates.

581. Abandoned Toll Roads. Councils of townships, on the
petition of two-thirds in number of the owners who.se names appear on
the last revi.sed Assessment Roll, and as representing one-half in value of
the property to be a.sses.sed, may jiass Ijy-laws providing for the maintenance
and repair of an abandoned toll load in the nuniicipality, aiid declare
what proportion of the fost shall be borne by the property immediately
benefited by the work, end what proportion shall be borne by the general
funds of the township.

HH'i. Township Roads and Local Improvement. In case (dl the
.owners of the projierty (jr lots abutting on any roatl, street or highway
in any part of a township petition the Council to macadamize, gravel,
plank or otherwise improve and to drain the same, or to build a bridge in
connection therewith, the Council may procure an engineer or an Ontario
land surveyor, to make an examination, and to report thereon, giving the
respective lands to be benefited thereby, and the proportion of benefit to
be derived therefrom Ity every such lot, or company, or municipality ; and
the Council, if of the opinion that such work woul<l be desirable, may pass
by-laws providing for the same, and issue debentures to cover the cost in
sums of not less than .SlOO each, and payable within twenty years from
date, with interest at a rate of not less than four per cent.

UHll. Counties and Local Improvements. The County Council
may pass by-laws for levying by assessment on all the ratable ju'operty
within any particular part of the township, or parts of two townships, to be
defined by metes and bounds, to defray the expenses for making, repairing
or improving a ritad or bridge or other public work (n^t within the limits
of a town or village) providing two-thirds of the electors rated upon the
last revised A.ssessment Roll for at lea.st one-half of the value of the prc-
j)erty to be affected thereby ])etitit)n for such work.

A printed notice of such petition, with the names of the signei-s
thereto, giving the limits within which the by-law is to have forco, must
be posted up for at least one month in four different places v.Ithin such
parts of the township, and at the places for holding' the sittings of the
councils of each township, and also be inserted waekly for three con-
secutive weeks in some newspaper published in the county town, if there
is no such paper then in two newspapers published nei:rest to the proposed
work.

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124

MUNICIPAL LAW.

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* isf^''!^" '^ • '^S

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Tlio County Council may also pass by-laws for assuming or acquiring
any road, bi'idgo or otliL'r public work within one or more townships, and
levy a special rate on the municipalities immediately benefited thereby
for the improvement thereof.

The by-law sliall state tlie amount to be raised for the work, the
townships to be affected, and the amount of work to be done in each
miuiicipality, and provide for the issue of debentures for the same pay-
al)le in twtaity yeai's, or by otpial ainiual instalments of principal and
interest, and for levying a si)ecial rate suHicient for paying the debentures
and interest.

If the by-law is approved by a majority of the county councillors
repre.senting the municipalities defined in the bydaw, it shall then be
submitted to tlie vote of the (lualified ratepayers who are entitled to vote
on money by-laws in such townships as are affected.

In case the by-law is carriecJ, still if any one or more of the town-
ships give a majority against the by-law it shall only apply to sucli town-
ships as give a majority in favor of the by-law. The amount of money to
be raised for svxch ])urpose will, in that case, be correspondingly reduced.

The by-law tlius carried in some municiimlities and defeated in
others, the County Council may either read it a third time and pass it, or
may drop it altogether.

.'i84. Cities and Towns sepanited from the county may, with the
approval of the ratepayers entitled to vote on money by-laws, pass similar
by-laws to the preceding section, to aid in the purchase of any toll roads
in ./hich they are interested, or for abolishing their market fees on con-
dition that certain toll roads named therein are made free.

.185. Aiding Street Railways. Councils of every municipality may
pass by-laws for aiding railway companies :

1. liy taking stock, or by guaranteeing payment of any money bor-
rowed by a railway company.

2. For guaranteeing the pf.yment of debentures of such company.

3. For levying from time to time a sufficient sum to discharge the
obligations in the two preceding sub-sections.

4. For issuing debentures, payable at such times and for such sums,
not less than S20, with or without interest, as the Council thinks best to
meet the obligations thus incurred.

5. For granting bonuses in aid of any railway, and issuing debentures
for same.

But no Council shall subscribe for stock or incur any debt for tho
afoi'esaid purposes unless the by-law, before its final passing, receives
the assent of the electors.

In case a nmnicipality subscribes for and holds stock in a railway
company to tlie amount of $20,000 and upwards the iiead of the Council
shall be ex officio one of the ilirectors of said company, in addition to the
number of directors authorized by the special Act, and possess same powers
as other directors.

Any portion of a township may grant aid to a railway by way of
bonus or loan, providing a by-law has been passed for that purpose which

MUNICIPAL LAW.

125

f or acquiring
)wiisliips, and
sfitcd thereby

;he work, the
dcjiie in each
;lie same pay-
principal and
le debentures

ty councillors
ihall then bo
ititlod to vote

of tii(! town-
to such town-
t of money to
jly reduced.

defeated in
ind pass it, or

lay, with tlie
pass similar
any toll roada
3t fees on con-

licipality may

y money bor-

company.
discharge the

'or such sums,
thinks best to

ng debentures

' debt for the
ising. receives

: in a railway
if the Council
ddition to the
3 same powers

ay by way of
)urpoHe which

has been adopted by the (pialitied ratepayers of that portion of the
townshij).

Before such liy-Jaw is sul)initted to the vote of the ratepayers, a
petition shall be prosu'itt'.! co the Council for the same, and stating for
what amount, and detinin/ by metes ami bounds, or lots and concessions,
the portions of the townshi]) to be charged, and shall be signed by fifty or
a majority of tlie freeholders resident in such portion, being duly qualified
voters.

The by-law must provide for rai.sing the amount petitioned for in the
portion of the municipality mentioned in the petition by the issue of
debentures of the municipality, and for levying upon all the ratable
property in such portion of the municipality an annual special rate suffi-
cient to include a sinking fund for the ])ayment of the debentures within
twenty years with interest, payal)le yearly oi- half-yearly.

Councils of townships may pa.ss by-laws permitting companies or
individuals to construct branch lines oi railways or tramways along any
highway on such terms as the Council sees fit.

58U. Aiding Iron And Smelting Works. The Council of every
municipality within the di.striets of Algoma, Manitoulin, Thunder Bay,
Rainy River and NipLssing, and also the Council of every city, may pass
by-laws for aiding by way of bonus for the promotion of iron or other
smelting woiks established within or adjacent to the municipality, by
granting such sums of money as the council may determine upon, and
under such restrictions as the Council may deem expedient.

Such by-laws nuist have the assent of one-third of all the ratepayers
entitled to vote; on by-laws creating delits, as well as the assent of the
majority of tiie i'iite])ayers voting thereon. The issue of the debentures
may be postponed until the conditions of the by-lav/ are complied with.

Per-sons interested in or holding stock in such railway are discjualified
from voting on the bonus by-law.

The nuniicipality may ac(|uire lands for smelting works and convey
the same to any person or corporation by consent of the ratepayers.

grant

581. Grain Elevators. Councils of all municij)alities may
aid by way of bonus to pi'oinote the establishment of grain elevators in
similar manner as for iron and smelting works, mentioned in preceding
section.

HIGHWAYS AND BKIDGES.

•»88. Railway Crossings. 1. Where a railroad cros.ses a highway,
if it is not carried over by a bridge or under by a tunnel, the rail itself
shall not rise above or sink below the surface of the highway more than
one inch.

2. The ascent of all bridges erected to carry a highway over a railway
shall not be more than one foot in twenty feet increase over the natural
ascent of the highway, and a good and sufficient fence shall be made on
each side of every bridge, which fence shall not Ix^ less than four, feet above
the surface of the bridge.

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MUNICIPAL LAW.

HHU- Electric Cars on Highways. No Council of any municipality,
except cities, town.s and incorporated vill!i;j;es, can ffrant to any company
the u.se of any liij^livvay for the purpo,se of runninjj any kind of an electric
car or earriaj^e without the written consent first beinp; obtained of the
owners of one-half the property fronting on such street or highway, unless
upon petition to the Commissioner of Public Works, he dispenses with
the nece.ssity of such consent being obtained, such being in his opinion for
the public interest.

500. Traction Engines and Bridges. 1. Before it .shall be lawful
to run a tractit)n engine over any highway (where no tolls are levied)
the person ruiniiiig the same is ret|uired at his own expense to strengthen
all bridges and culverts to Ix' cro8.sed by such engine, and keep the same in
repair so long as the highway is .so used.

If there are different engines owned by different persons using such
bridges or culverts, the expen,se shall be borne by the various owners in
proportion to the number of engines owned, respectively.

2. In regard to toll road.*, the owners of such engines are retjuired to
notify the owner of such toll road two months previous to the running of
auch engine to strengthen the bridges.

The owners of -such toll road may levy such tolls for the passage of
any engine through every lawful gate as seems to them just, and if the
owner of tiie engine is dissati.sfied with the rate of toll, the same may be
.settled by ai'bitrators, one of whom to be appointed by the owner of the
engine and one by the proprietors of the road, and the two so appointed
shall choose a third. The decision of the majority shall be binding.

3. Any person violating the provisions of this Act is liable on con-
viction, upon the oath of one reliable witness before a justice of the peace,
to a penalty not less than !?•') nor more than S25, the co.sts to be in the
discretion of the Justice. In default of payment, and failure of distress,
then to imprisoimient for a term not less than one day nor more than
twenty.

Fine or imprisonment would not bar a claim for damages by the
injured party.

5JM. What are Highways- All allowances made for roads by the
Crown surveyors, and all roads laid out by any statute, or any roads
whereon public money has been expended for opening the -same, or whereon
statute labor has been usually pei'formed, or anj' roads passing through
the Indian lands shall be deemed connnon and public highways, unless
altered according to law.

Lands dedicated by any owner thereof for a street or public highway
are not subject to any dower by the wife of .said owner.

o9!8. Villages Assuming County Bridges. The councils of counties
and villages may pass by-laws for carrying out an arrangement by which
the villages may assume ar./ bridge within its limits under the juiisdiction
of the County Council, and for such bridge to be free from toll, and for
payment to the county of such sum as may be agreed upon as part of the
cost of construction.

MUNICIPAL LAW.

127

iMW. Approaches to Bridges. The appnmclius for one lunidred iVct
to each end of all bridj^eH arfwuined by or under the jurisdiction of any
municipality hIuiU be kept up by such nuuiicipality, and the reuiaininir
portions of such approaches to be kept up and maintained by the nmnici-
pality in which they are situate.

51M. Liability for Damages. 1. Every public road, street or bridge
shall be kept in repair by the municipality responsible for the same, and
in default, the corporation, besides the ordinary penalties provided by law,
shall also be civilly liable for all damages sustained V)y any person by
reason of such default. The action nuist be brought within three months
after the damages vren^ sustained.

2. No municipality shall be liable for accidents caused by persons
falling owing to snow or ice upo!i the sidewalks, e.xcept in cases of gro.ss
negligence by the corporation.

6. No action to enforce a claim for damages under this .section shall
be brought unless notice in writing of the accident, an<l the cau.se riiereof,
has been served upon or mailed through the Post-oHice to the mayor,
reeve or other head of the corporation, oi' to the Clerk of the Munici-
pality, within thii'ty days after the accident occurred, where the action is
against a township, and within seven days where the action i,s against a
city, town or village.

In case of death the want of notice would be no bar to the action.

This section does not apply to any street, bridge or road laid out by
any private person, unless it had been assumed for public use by the
corporation.

.Wo. Corporation Only Liable. In case where an action may be
brought against a municipal corporation by any person for damages caused
by default of a municipality to keep any public road, street or bridge
in repair, the action must be against the corporation, and not against any
member of the Council, officer or employee personally.

This does not include a peraon who is a mere contractor with the
corporation, and who.se negligence may have cau.sed the damage.

51M». County Roads and Bridges. The County Council has exclu-
sive jurisdiction :

1. Over all roads and bridges lying wholly within any township,
town, or village in the county which the Council, by by-law, assumes, with
the consent of such other municipality, as a county road or bridge.

2. Over all bridges across streams, rivers, ponds or lakes separating
two townships in the comity.

8. Over all bridges crossing streams or rivers over 100 feet in width,
within the limits of any incorporated village in the county, and connecting
any main highway leading through the county.

4. Over all bridges over rivers, streams, ponds or lakes, forming or
crossing boundary lines between two local municipalities in the county.

5JH. Maintaining County Roads and Bridges- 1. For all the

roads and bridges enumerated in the previous section, over which the
County Council has jurisdiction, the Council is required, with as little

:r'

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Mi:

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128

MUNICIPAL LAW.

ilelay iih reasonably may be, to make, repair and maintain the same at the
expense of the county.

2. Tlie (Jounty Council may assume, make and maintain any township
or county boundary line at the expense of the county, or may from time to
time f^rant such sums in aid of the said purposes as they deem exjiedient.

;}. In case of a bridj^'e o\ er a stream forming or crossinj^ the boundary
line between two or more counties, or a county, city or .separated town,
such brid<re shall be erected and maintained by the councils of the county,
city and se])arated town, respectively, as may be agreed upon, and in case
of i'ailui'e to aji;ree as to the respective pcjrtions of the expense to be borne
by each it shall be settled by arbitration.

4. A road which lies wholly or partially between two municipalities
shall be rej^arded as a boundary line. althou<j;h such road may deviate sO'
that in some places it may be wholly' within one of the nnuiicipalities, .and
a bridf^e built over any stream crossing such road wliere it deviates shall
still be held to be a bridge over a stream crossing a boundary line, within
the meaning of this and the previous section.

5. The Council of any county may pass a by-law providing that the
roads, rivers, streams, ponds or lakes, refei'i-ed to in this and the ])revious
sections as forming part of or crossing the boundary line between two
municipalities within the county shall mean such as are not le.ss than
eighty feet in width.

In the event of the County Council passing such a by-law as this, then
the councils of the local municipalities bordering on such boundary lines
.shall erect and maintain bridges over all such streams as are less than
eighty feet in width.

»»!>8. Disputes Between Count}' Council and the Council of any
other municipality as to whether the duty and liability to build and main-
tain a bridge over any " river, sti'cam, lake or ))ond " rests upon .such
County Council or such other Council arising, either party may bring an
action in the High Court of Justice against the other to try the (juestion
in dispute, or the High Court may, u])on the application of either party,
compel, by mandamufi, the performance of such duty by the party upon
whom it rest.s.

5!M>. Driftwood. Where a river or .stream forms the boundary line
between to or more municipalities within the county, it is the duty of the
County Council to keep such stream free from driftwood or fallen timber.

If the river or stream forms the boundary line between two or more
counties, or a county, city or .separated town, it shall then devolve upon
the councils of the counties or a county, city or .separated town, respectively,
to keep such strean? free, and in case of disagreement as to respective
shares of the expen.se, the matter must be .settled by arbitration.

<»00. Township Roads. All township boundaiy lines not a.ssumed
by the County Council shall be opened, maintained and improved by the
township councils, except such bridges, as pre\nouHly mentioned, coming
under the jurisdiction of the County Council.

MTNICIPAL LAW.

12<J

UOI. New Road Allowance. In cast' of n town.ship Ixmiulary lino
on whicli a road nllowaiu'o lias not Iji'cn itsitnciI in the orijfinal survey,
tlie Council ol' any one of tho muiiicipalitics lionlt-i'jn^ on such hountlaiy
lino may pass a by-law for actjuirinj;- the laud necessary for otie-hnlf of the
rt'ijuired road allowance.

Within four day.s after the passinif of the b^'-law, the Clerk shall send
a copy of the by-law, by rejji.stered letter, to the Clerk of the adjoiniu}^
municipality.

the other Council or
mentioned in previous

and liabilities of

<>0'/i. Both Councils Must Concur. In casi
councils for six months after notice of the by-law
section omits to pass a by-law in similar terms, the
each municipality shall be referred to arbitration.

The arbitrators ma}'^ decide upon the proportion of the cost of the land
which will be re({uir(>d upon each side of .such l)oundary line for a road
allowance, which shall be borne "by each municipality: and shall also have
power to decide whether a road allowanci' shall be laid out or not.

If the arbitrators decide a<;ainst the layin<,'ont of .said road allowance,
then no further proceedings shall be taken for a pt'riod of two years, or
such further time as the arbitrators may determine upon, but not exceeding
in all four years.

iiitli. Township Boundary Lines. Township boundary lines which
are also county botnidary lines, but which have not lieen assumed or main-
tained by the respective counties, are to be maintained by the respective
town.ships bordering on the same, except such bridges as the county
councils are i'e([uired under the provisions of this Act to maintain.

004. Joint Jurisdiction. In case a road lies wluilly or partly
between a county, city, town, township or village, and an adjoining county
or counties, city, town, township or village, the councils of the various
nuuiicipalities between which the road lies have Joint jurisdiction over the
same, although the road may so deviate as to be in some places wliolly
within either of them. The term " road " here shall not include a bridge
on such boundary line which the County Council is re(|uired to maintain.

No by-law of the Council of any one of such nmnicipalities passed in
resjiect to such roa<l or bridge shall have any force until a by-law has
been passed in similar terms as nearly as may be by the other councils
having joint jurisdiction.

In case the other Council or councils for six months after notice of
the by-law omit to pass a b^'-law in similar terms the duties and liabilities
of each municipality interested .shall be referred to arbitration.

005. Maintenance Alternately. The councils of adjoining townships
may enter into an agreement for the maintenance of a boundary line road
between such townships, whereb}' each township undertakes for a term,
not exceeding ten years, to keep in repair any portion of such road for its
whole width and to save harmless the other town.ship from any loss or
damage arising from want of repair of such portion.

Any such agreement, when confirmed by by-law of the Council of each
of the contracting townships, shall be registered in the registiy office of the
registry district in which n»unicipalities are situate.
9

130

.MrXICrPAI. LAW,

For the purposoH of ivjyiNtmtioii a dupli'-nto ori;;iiial of tlio by-liiw
shall liu made out, ccrtiHod uikIci' tlii' hand of the (Mcrk and the Hoal of
thu municipality and rc^jisti'ird without di^lay.

Such ap'L'L'ua'nt iiftiT ici^nHtration of the hy-law hinds each of tho
unini('i})alitios, tfivcs thcni sole J>u'isdiction over that portion of the road,
ami rcmlers them lialtle foi' all damages incurred hy reason of neglect to
keep in repair, and relieves the otiier municipality from liability in respect
to such portion of tho road.

000. Roads Vested in Her Majesty. No Council shall intcrfero
with any public road or bridge vested as a provincial work in Her Majjsty,
or in any Public Department or Board. Hut at any time, if the Lieutenant-
(lovernor in Council, by proclamation, deciurcs that such public road or
l>ridge is no longer inider the control of the connni.'^Nioner, and then after
the day named in the pi'oclamation no tolls shall thereafter be levied by
him thereon, and tlu- road or bridge shall "thereafter be controlled and kept
in repair by the Council of the nnniicipality whose dutj' it is to lepair tho
same.

001. Ordnance Roads. Without the consent of the Dominicm

CJovernment no Council shall ])fiss a bydaw :

(1) For stopping up or altering the direction of any street, lane or
thoroughfare made or laid out by Her Majesty's Ordnance, or the .Secretary
of State in whom the Ordnance Estates became vested under the Statute of
the Province of Canada, or the Consolidated Statutes of Cunuda, or hy the
Dominion of Canada; ov,

(2) For openinjf any conniumication through any lands held by tho
Dominion of Canada: or,

{'•i) Interfering with any bridge, wharf, dock, ipiay, or other work
vested in the Dominion of Canada; or,

(4) Interfering with any land held for military purposes, or with tho
integritj' of the public defences.

Any bj'^-law for any of tho purposes aforesaid shall bo null and void
unless it recites such consent.

008. Roads for Ingress and Egress. No Council shall close up
any public road whether an original allowance, or one opened by the
Quarter Sessions, or by a Council, or otherwise legally ostal)lished, whereby
any person will be excluded from ingress and egress to and from his lands
or place of residence over such road, unless the Council, in addition to
compensation, also provides for tho use of such person some other con-
venient road to .said lands or residence.

If the amount of comj)on.sation oft'ored, or the road provided in lieu of
tlie one to be closed up is not mutually agreed upon ])etwoen the Council
and such owner the matter in dispute shall be roft-rrcd to arbitration.

00i>. Width of Roads. No Council, except that of a city or town,
shall lay out any road or street more than 100 feet nor less than 66 feet in
width, unless with the permis.sion of the County Council; but anyroad
when altered may be of the same width as before.

No street or road shall be laid out by any owner of land of a less

MI'MCIPAI. LAW.

i:n

less

width tliiiii (50 loot witliuut thr coiini'iit of the Council of the iiiuiiicipiility
Ity a tlireo-foiiitlis vote of tiic iiiL'inl)t'rM tiieroof.

<»I0. By-Laws for Width of Streets. Tho Council of a city liavinj;
a population of .")0,()0() ov over, may pass a jfcncriil liy-law prcsci'ibinji' the
niininuun widtli of strcctH, lanes or alloys within tlio nauiicipality, whoioin
(hvcllini^-housos may i)o oroctod or occupied, and also the minimum area of
vacant land attached to any dwollini(-houHe thereafter to he eiccteil.

Kvery such hy-law, before its final passin;;, nuist i)e published in full
twice in caciv week for four consecutive weeks in two newspapers published
within the city, {^ivintf the date when the Council will take into considera-
tion tho proposed by-law.

Oil. By-Laws Affecting Public Roads. No Council shall pass a
liy-law for closin<f, alterine-, \ idouin^f, leasing- or .selling any ori^-inal
allowance for road or any other public hi<;hwa\', street, or lane:

1. Until written or printed notices of tho intended b^'-law has been
posted up for one month in si.x of the most public places in t)ie inunediato
nei<;hborhood oi' such road or street.

2. And published weekly at least for four consecutive weeks in .some
newspa[ier pul)lished in the municipality : or if none ])ublished therein, then
in a nei;;-hborin^' nnniicipality : or if none there, then in the county town.

.'}. Nor until the Council has heard in pei'son, or by counsel, any one
who.se land might be prejudicially atiected thereby, and who jjctitions to
be so heard.

4. If it is a road allowance reserved nn<ler original suiweys along the
bank of nil} river or -treum, or the shore of a lake, such liy-law shall have
no effect until after its approval by the Lieutenant-Covernor in Council.

The Clerk is re(|uired to give .such notices as pri'viously enumerated
at the re(pie.st of the applicant for the by-law, and upon payment of tho
reasonable expenses attendant on such notices.

In case of ostaljlishing a public road, if the owner of the land to be
taken and the Comicil of the township or village can mutually agree as to
the price of such land the Council may accept a deed or deeds for tho same,
which shall be registered, and in such case it is not necessary to publish
the by-law.

iiVt Registration of Road By-Laws. Every by-law passed by a
municipal council, by which any highwa}' or street is opened upon any
[)rivate jiroperty shall, before tlie same becomes efi'ectual in law, be duly
registered in the Registiy Office for the division in which tho land is
situate. For registration a duplicate original of the l)y-law, certified under
tho hand of the Clerk and the seal of the municipality, and shall be regis
tered without any further proof.

<>l«t. Mistakes in Opening Road Allowances. In case a nninici-
palit3^ in who.se JurLsdictiou an original allowance for a road is situate,
opens what they believe to be the true line and their officers and servants
in charge, acting in good faith and having taken all reasonable means to
inform themselves, and it ultimately appears that the road opened is not
altogether upon thetrue line, no action shall be brought by any person
against the municipality.

' ''V'
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i'!

132

MUNICIPAL LAW.

Tlie nmnicipiility sliiiU, liowever, in opening- an orij^inal road make
reasonable cH)nipensation to persona having title or interest ir. the same.

Claims for such compensation must be made within one year from
the time of the laying out or taking possession by the municipality or its
ofiicers of such road, or such part thereof as compensation is claimed for.

<*Ai. Bicyclists' Guide Posts. The .sign-posts which the Canadian
Wheelmen's Association may erect along the highways for the benefit of"
bicyclists and other travellers, to show distances, and as dangei- signals at
liiils unsafe for bic^'clists, shall not be placed so as to obstruct the high-
way or endanger the safety of anj' person travelling thereon ; neither nuist
tliere be any advertisements or notices place<l thereon except the names of
places, distances, and the danger signals previously mentioned. Penalty
for violating these provisions is i?5 for every offence, to l)e recovered
before a justice of the peace.

015. General Powers. 1. The Council of every nuniicipality may pass
by-laws for the opening or stopping up of roads and streets; for entering
upon and using land for said purposes; for setting apart carriageways,
boulevards and sidewalks : for preventing and removing obstructions fi-om
highways, and permitting the erection of bridges or subways for passage
of cattle.

2. The councils of cities, towns and villages may pass by-laws for
setting apart certain portions of streets for boulevards, for regulating the
construction of the same ; for permitting owners of property to construct
the .same at their own expen.se, but in such way as not to impede ])ublic
travel, and for regulating tho.se already constructed on any street, and for
protection of all boulevards on the public streets.

<»I4». Openings in Sidewalks. Councils may permit areas or openings
to be c(jnstructed in or under the sidewalks and streets, make annual
charges for use of such privileges, and enforce collection of same as the
ordinary' taxes.

01 T. Bicycle Paths. The councils of all nnuiicipalities may pass l)y-
laws for setting apart certain portions of any street or liighway for the
purposes of a bicycle path, and any person riding or driving any horse or
vehicle over or along such path is liable to tine.

018. Tolls. The Council of any municipality may pass bj'-laws for
raising money by toll on any bridge or road to defray the expen.se of
making and repairing the same.

They may also grant to any other person, in consideration of plank-
ing, gravelling, or macadamizing a road, or building a bridge, a similar
privilege for a term not exceeding twenty-one years from the completion
of the work, and after such completion has been declared by a by-law
of the Council authorizing tolls to be collected.

And for granting special privileges to road and bridge companies,
permitting them to take toll, and providing for a proper examination of
their work by the Coupcil.

MUNICIPAL LAW.

llV.i

OIJ>. Exemption from Tolls. 1. Officers and men of the volun-
teers, when in uniform, and their horses siiall be exempt from the payment
of any toll in passinijf tollgate or bridj^e in tliis province.

2. Persons going to or returning from divine service, on Sunday or
statutory holiday, witii their carriages and horses, families and servants,
shall pass toll-free through any tollgate through which the}' may have
occasion to pass, wdiether such road belongs to the Province, the munici-
pality, or a company.

H. Vehicles, horses and cattle belonging to the proprietor or occupier
of any lands divided by a toll road are exempt when passing from one part
of th(! farm to another, for domestic purposes only, providing they do not
go more than one-half mile along such road either in going or coming.

4. All vehicles and horses drawing the .same, laden solely with manure,
passing from a city or town into the county parts within twenty miles, for
the purposes of agriculture, are e.xempt from tolls, both in going from and
in returning to, if empty, This does not upply to tolls on a biidge, unless
the tolls art vested in the Crown.

0'<J0. Gravel Beds. The Council of any municipality may purchase
and hold for its own u.se, or jointly with other municipalities, stone
(HUirries and gravel beils for the purposes of constructing and repairing the
streets and highways of such municipalit}' or municipalities, and for selling
the same when no longer rc(iuired.

The right to enter upon such lands, as well as the price to be paid for
the simu\ if not nuitually agreed upon Ijy the parties concerned, shall be
settled by arbitration.

<W1. Selling Road Allowances- In selling the original road allow-
ance where another road has been opened up in lieu thereof, for whicli com-
pensation has been paid, or in selling any other road legally' stopped up or
altered to the owners of the adjoining land, if such owners refuse to purchase
at the price the C<juncil deemed reasonable, the Council may then sell to
any other person for the same ot' gi'eater price.

ii'i'i. Repair of Township Roads- 1. Where township comicils
fail by nnitual agieement as to the share to be borne by each to maintain
township boundary lines, not assumed by the Count}' Council, in the same
way as other township roads, one or more of such townships may apply to
the County Council to enforce joint action on all the townships interested.

2. In case none of the township councils interested move in the
matter, it is competent for a majorit}' of the ratepayers resident on the
lots bonlering on either side of such to petit'^'U the County Council to
enforce the opening or repair of such roads.

.S. The County Council receiving such petition, either from the rate-
payers or a Townshi]) Council, may act upon it at such meeting as it is
presented, and determine the amount which each of the said townships shall
ap))ly for the opening or repair of such road, or the expenditure of a certain
amount of statute labor upon the same, or both, as may seem nece,ssary.

The County Council shall appijint a commissioner to execute or enforce
their orders.

MUXTCIPAL LAW.

If tlie township councils inform such comniissioncr tliat they will
oxecuti' the work, the coinniiHsioner may delay proei'etlin<,fs for a reasonahle
time. If tlu' township otHcors do not, durinj;' the favorable season, proceed
witli it, the couunissioner shall inidertake and finish it.

In case any one in possession of a concession, road or side line h-is laid
out another nnid in place thereof, without receivinj^ compensation therefor
in lieu thereof, and tlio (.'ouncil, upon re[)ort in writing of its surveyor or
of an Ontario land surveyor, that such now roa<! is sufficient for the purpo.so
of a pnblic hi<,diway, may convey such ori<,nnal road allowance in fee simple
to such person.

ii'tli. Possession of Unopened Road Allowances. In case any
person is in possession of any part of a (lovernment allowance for
a road adjoining his lot and enclosed by a lawful fence, and which
has not been opened by reason of another road being used in lieu thereof,
such per.son shall, as against any private person, be deemed to be in posses-
sion thereof until a by-law for opening such road has been passed by the
Council.

Eight days' notice in writing, before the meeting of Council, nnist be
given such person that an ajjplication will l)e made for opening such road,
before such by-law could be passed.

ii'i-i- Aiding Adjoining M^micipalities. The Coimcil of any munici-
pality may pass by-laws for aidiiig an adjoining municipality in making,
opening, widening, or otherwise improving any road, bridge or highway
passing from or through such nuTnicipalitj'.

The sums determined upon 'ly the County Council, as necessary for
the work, shall be paid by the County Treasurer on the orders of the com-
missioner, and the amount retained out of any moneys in his hands belong-
ing to the respective townships ; and if there are not any such moneys
belonging to any of the townships in his hands, before striking the next
county rate an additional rate shall be levied by the county against such
townships.

0*-55. County Boundary Lines- In case the several townships
interested in any county boundary line as to their respective shares of
money to be paid or work to be done on the same, one or more of such
township councils may apply to the wardens of tlu; bonlering counties to
determine jointly the amount which each township .shall expend in money
or work. The County Judge in such case shall l)e the third arbitrator.

The Warden of the County in which the township first maknig the
application shall, within eight days, convene the meeting to determine the
matter, which shall be within twenty-one days from the time of recei\ing
the application.

0!40. Mineral Rights Under Roads. The councils of any county
or township, wherever minerals ai*e founil, may sell or lease privately or
by public auction the right to take minerals found under any public road
under their jurisdiction.

No such sale or lease .sliall take place until due notice has been given,
by posting up in six of the most public places in the innnediate neighbor-

^^1

MUNICIPAL LAW.

l.T)

liooil of such road for jit least one month bofoiv tlic tiino fixed for con-
siderin<j the by-law. Thi' deed of conveyance nm.st protect the road for
public travel.

ii'i^. County councils have similar power to stop up or sell, open
or alter, any i'oa<l under the sole jurisdiction of the county, and which is
not within the limits of any village, town or city, as township councils
have over roads under their jurisdiction : also, for aiding local nnuiici-
palities in opening or improving roads, erecting briilges, where the Council
deems the county at large sufiiciently interested to justify such assistance,
but n^)t enough to justify the Council in assuming the same as a county
work. May also guarantee debentures of any local inunicipalit}- where it
is deemed expechent. Mny also re(piirc local municipalities to open,
improve, and maintain the whole or a part of a county road within such
nuinicipality.

ii'iH. Abandoning County Roads. A Comity Council may abandon
or otherwise dispose of a toll or other road wholly in the county or partly
in an adjoining county.

\. On the passing of such bydaw, the Clerk shall forthwith forward
a certified copy thereof to the municipalities which any portion of such
abandoned road runs through or along its boi'deio.

2. No such bydaw shall take eti'ect until assented to by the munici-
palities aflfected, or until the .same shall have been approved by the
Lieutenant-Governor in Council.

039. Closing Road Allowances. The councils of town.ships may
])ass l)y-laws for the stopping up, leasing or sale of any original allow-
ances for roads within the municipality, and for declaring therein the terms
therefor, but no such by law shall have any force until pas.sed in accord-
ance with Section 611, nor until confirmed by a by-law of the County
Council at any ordinary .session, held not .sooner than three months nor
later than one year after the passing thereof.

OO. Trees Obstructing Highways. A Township Council may
pass by-laws providing that where a road passes through a wood the trees
(except those preserved for ornament or shelter) shall, for a space not
exceeding twenty-five feet on each side of the highway, be cut down by
the proprietor, within a time fixed by the by-hnv: and on his default the
overseer of highways or other officer in whose division the land lies. In
case of the latter doing the work, the trees may be used for the improve-
ment of the highways and bridges of that division, or sold to defraj' the
expenses incurred in carrying the by-law into efi'ect. The Council may
grant out of township funds money to pay lor cutting down and removing
the trees.

iiltl. Statute Labor. ^. Coimcils of townships may, by by-law,
direct that a .sum not exceeding !?1 per day shall be paid in commutation
of statute labor for the whole or for any part of the township.

2. Any Local Municipal Council may, by by-law, fix the rate at which
any person, either resident or non-r&sident, may connuute for statute labor,

NSfl

- TJ y

136

MUNICIPAL LAW

at a sum not i-xci-eiliny !?1 per day. Whore no by-law has been passed the
statute labor of non-residents in townships shall be comniuted at the rate
of SI for ";icii da3-'s labor.

ti. Every farmer's son entered as such on the Assessment Roll, shall,
if not otherwise exemjit, be liable to statute labor, same as though not so
rated.

4. Tenant farmers' sons, honn fid,', on the farm of his father or mother,
ai'e exempt from statute labor.

."). Non-residents who ha\"e not recpiired their names to be entered on
the roll are not permitted to perform statute labor, Init must commute for
the same. When such non-residents who have their names on the roll,
and who do not perform the labor or pay the counnutation for the same,
the pathmaster shall return the same to the Clo-k as a defaulter before the
loth day of August, and the Clerk will enter the amount on the roll as
tax.

G. If any resident makes default in performing the labor or paying
the commutation, the pathmaster shall return him as a defaulter befoi'o the
L")th day of November, and the Clerk will enter the amount on the roll to
be collected as tax the following year.

7. In every such case the Clerk shall notify the overseer of highway's
who may be apjiointed for such division in the following year, of the
amount of such comnuitation, who shall expend the .same upon the roads in
said division, who shall give an order upon the treasurer to the ])erson
performing the woi'k.

DITCHES AM) WATElU'OrUSES.

^<!

]\[miicipalities are required to keep printed copies of all the forms
re(|uired under this Act.

iilVi. Appointment of Engineer. Eveiy I\Iuiiicipal Council .shall, by
by-law, appoint an engineer to carry out the provisions of this Act, who
shall remain such othcer until his appointment is revoked by by-law, of
which he .shall have notice, and another engineer appointe<l in his place.

iHlli. Limit of Work. Every ditch constructed under this Act shall
be continued to a sutticient outlet, but nmst not pa.ss through or into more
than seven original township lots, unless upon petition of a majority of
the owners of the land.' to be atfected by the ditch the Council passes a
resolution to so extend the same.

0;{4. Limit of Cost. No ditch to be constructed under this Act
shall, according to the estimate, cost more than !*1,000.

0;J5. Lands Liable for Construction. I.,ands lying within seventy-

Jj five waitlth from the sides and point of eonnuencement of the <litch are

liable for co.st of construction. Jjands which adjoin a road allowance

traversed by the ditch shall not be liable iniless they aie directly bene-

fiteil, and then oidv to the extent of the benefit.

MUNICIPAL LAW,

137

'•JT

An ixcL'iition is made in respt-ct to the lan<l.s lyinjf east of the Count}-
of Frontenac, where tlie distance is one huiuh'cd yards instead of aeventj-
five.

0:M». Mode of Proceeding. Any owner of land desirinjr a ditch to
be constrncteil must tile with tiie Clerlv of tlie Municipality a declaration
of ownersiiip, which may be taken before a justice of the peace or the
Clerk, then <five a written

0;U. Notice to Other Owners of land wiio reciuire the ditch,
naming a day, and hour and place convenient to the site of the ditch at
which all the owners are t(j meet and estimate the cost, and agree, if pos-
sible, upon the apportionment of the work and tiie supply of material among
them according to theii- respective interests. The notice shall be served
not less than twelve clear days before the time named for the meeting.

4»;W. Form of Agreement. If an agreement is arrived at by the
owners it shall l)e reduced to writing anil signed by all the owners, and
tiled with the Clerk of the Municipality within six days after the signing
thereof.

If the lands affected lie in two or more municipalities there must be
that number of agreements signed, and one tiled with the Clerk of each of
the municipalities.

Such agreement is bindiu"-, and mav be enforced in like manner as an
award by the engineer.

if the notices reipiiied to be given have been complied with no other
informality shall render the agreement void.

If. at or before the meeting of owners, it is discovered that the ])roper
notices ha<l not been given, or given in time, the owners present at such
meeting may adjourn the same to a subsecjuent day to allow the necessary
notices to be given.

iill9- Signature of Reeve. The Reeve or other head of the Council
shall have to sign the agreement on behalf of the municipality, and his
signature shall be l)inding upon the corporation.

040. Asking for Engineer. 1. In case the owners of the land
cannot come to an agreement at the meeting, or within five days thereafter,
tiien the owner re(|uiring the ditch may tile with the Clerk a requisition
naming theivin the several tracts of land to be att'ected by the ditch and
the respective owners tiiereof, and reijucsting that the engineer apiuiinted
by the municipality be asked to ajipoint a time and place in the locality of
the proposed (litch at wliieli he will attend to make an exanunation of the
same.

'2. The Clerk, upon receipt of such retpiisition, will forthwith .send by
registereil letter a copy of the same to the engineer, who will, upon its
receipt, notify the Clei-k of the time and pliice at which he will attend,
wliieli shall not be le.ss than t(Mi nor more than sixteen clear days from the
time he received the reipiisition. On receii)t of the notice from the
engineer the Clerk will .send a copy of such notice to the owner making
the retpiisition, who shall, at least four clear days befoi-e the time .so

■0

'''■Wii

■ vPfc

i«!

ill

;-.'

13S

MINI CI PAL I>A\V.

iippointoil, servo upon the otlicr owners a notice, reijuirini^ their atteiidaiico
fit the time and place fixed by tiie (Miy'inoer. and siiall, after servin<;' tlu^
same, endorse on one copy tiiereol' tlie time and manner of service, ami
leave the same with the eiif^ineer, not later than the day Vjefore the time
fixed by the enj^ineer for his examination.

041. Mode of Serving Notices. Notices may be served pervsonally
'ir left at the j^lace of abode of the owner or occupant with a grown-up
pei'.son residiiio; there: in case of non-resiilents, they may be served upon
tln' ,>oent of the owner, or mailed by registered letter to the owner at the
Po ' 'i 'ice neare.st to his last-known ])lace of residence, and in case that is
not known then in such maimer as the Jmlge may direct.

A;\ occupant being notified, he shall innnediately notify the owner or
become personally liable for all dan\ages the owner may suffer by such
neglect.

<»4!''i. Examination by Engineer. He shall attend at the time
and place appointed by him antl examine the locality, examine what
witne,s,ses he deems necessary', may adjourn his examination from time to
time, and if he finds that the ditch is required, he shall, , ithin thirty days
after his first attendance, make his award in writing, specifying clearly the
location, description and course of the ditch, its connnencement and termi-
nation, apportioning the work and the furnishing of material among the
lands afl'ected and the owr.ors thereof, according to his estimate of their
respective interests in the ditch, fixing the time for performance by the
respective owners and a))portioning the maintenance of the ditch among
the owners, .so that as far as practicable, each owner shall nniintain the
portion on his own land. He shall al.so state the amount of his fees and
the other charges, and 1)y whom the same shall be paid.

If the ditch is to be covereil, he shall also state the kind of material
to be used in covering the same.

ii4H. Crossing Land not Benefited. If, in the opinion of the engin-
eer, it is nece.ssary to carr^' the ditch across land that would not be benefiteil
by the ditch to make the owner liable to perform any part thereof, he may
bj' lus award relie\e such owner from liability and place its construction
on the other owners.

Any person ma}^ enter upon such land to carry out the provisions t)f
the award without being deemed a trespasser.

<»44. Award and Notices. The engineer is required forthwith after
making his award to tile the .same, together with the plans a?id specifica-
tions, with the Clerk, or if the lands affected by the ditch be in more than
one municipality, then with the Clerk of each municipality.

The Clerk or clerks .shall innnediately, up(m the filing of the .same,
notify, either personally or by registered letter, each of the persons affected
therein', the portion of work to be done and material to be furnished by the
persons so notified as shown by the award.

The Clerk is recpiired to keep a book showing the names of persons to
whom the notices are sent, the address where sent, and date of posting or
delivery personally.

MUNICIPAL LAW.

139

lU."*. Affecting Adjoining Municipalities. 1. If tlic lands atioeti'd
by the (litcli are .sitinito in two or more adjoining iinniicipalitie.s the
on<;inwr of the nuinicipality in which proceedintrs were couunenced lias
full authority to continue the ditch into such municipality as far as
necessary.

2. Where the lands or roads of two or more uuniicipalities are aH'ected,
the Clerk of the municipality in whicii proceedin<;s were couunenced shall
forward to the Clerk of such other municipality a certified copy of every
certificate relating to the lands or roads tliereiii, respectively, and the
Council thereof shall, within fourteen days, pay the sum for wiiich the lands
and roads within its limits are lial)le, to the treasurer of the nuinicipality in
whicii ])rocee(lin<rs were commenced.

<»-44». Culverts by Railways. The Council may enter into an agree-
ment with a railwiiy company for the construction or enlargement, by the
railway company,' 1 any ditch or culvert on the lands of such railway, and
for ])aymeiitof the cost of the .same out of the general funds of the muin-
cipality, and to levy so much (jf the amount as the award detennines, upon
the lands aH'ected, and in ecjuitable relative proportions.

No Council shall enter into such agreement witli a railway without the
consent in writing, Hied with the Clerk, of two-thirds of the owners liable
for the construction of such ditch.

04T. Appealing from Awards. 1. Any owner dissatisfied with the
awartl of the engineer may, within fifteen clear days from the filing thereof,
appeal to the County Judge.

Notice in writing of the intention to appeal shall be served upon the
Clerk, giving tiie grounds of appeal.

The Clerk shall, after the expiration of the time for appeal, forward to
the Judge, in registered letter, a notice of any such appeals and a certified
copy of the award, who will forthwith notify tiie Clerk of the time and
place he apjioiiits for hearing the appeals. The Clerk shall forthwith
notify the engineer whose award has been appealed against and all the
persons interested.

Appellants may have the lands inspected by any other engineer.

U4H. Powers of Judge. The Judge siiall hear and determine the
appeals within two months after receiving the notice from the Clerk.

He may set aside, alter or affirm the award, call witnesses and examine
the premi.ses; co,sts are in his discretion.

If the Judge finds that the engineer, through any improper motive, has
knowingly favored unduly one or more of the parties to the proceedings,
he may direct that the engineer be deprived of all or a part of his fees in
respect to the award. He may also refer the award back to tlie engineer
with such instructions as he may deem necessary. Witness fees are same
as would be allowed in a Division Court case.

<»4t>. Enforcement of Amended Award. The award as amended
by the Judge shall lie certified by the Clerk, together with the costs ordered
and by whom to be paid, and filed with the award.

The Clerk shall also, immediately after the hearing, .send by registeieil

■ ft.

•I •

1 '

140

MUNICIPAL LAW.

lottor to the clerk of duy other uiuuicipalit}' in wliicli laml.s affected by
the ditch are situate, a certified copy oi' the chanj^e.s made by the .Jud<je,
which eiicii clerk shall file and iiuniediately notify, by registered letter, every
invner within liis niunicipalit}' of any chanj^e made by the Judjje in the
jxirtion of work and material assigned to such owner.

f»50 Paying the Costs. Each of the municipalities shall, within
ten daj's after the expiration of the time for appeal, or after appeal, as the
case may be, pay to the engineer and judge, and all other persons entitled
to the same, their charges and fees. And if the persons awarded or adjudged
to pay the same do not forthwith repay the municipality, the amount in
each in default shall, together with seven per cent., be placed upon the
collector's roll and collected the same as municipal taxes.

4».'»l. Completion of Work. 1. Upon a written reijuest of any of
the owners, the engineer may, at the expiration of the time limited b}' the
award for the completion of the work, inspect the same, and if he finds any
poition of the ditch not completed according to the award, he may let the
work and the supply of material to the lowest bidder giving satisfactory
security for the conipletion of the work within a limited time. This
cannot be done until a notice in writing of the intended letting has been
posted up in at least three conspicuous places in the neighborhood at which
the work is to be done, for four clear days.

And also until after four days from the sending of the notice by regis-
tered letter to the last-known address of such per.sons interested in the said
award as do not reside in said municipality.

2. If, however, the engineer is satisfied of the good faith of the person
failing in the performance of the award, and that there is good reason for
the non-performance thereof, he may, upon payment of his fees and
charges, extend the time for performance.

.S. The engineer may let the work a second time, or oftener if neces-
sary', to secure its completion.

4. The owner, in default, shall be liable for the fees and expensr 4
occasioned for the non-performance thereof in the required time, even
though he then supplii;s the materials and commences the work. Such
fees and charges if not paid by him on notice shall be a lien on his land
with seven per cent, added, and placed upon the collector's roll to be col-
lecteil as municipal taxes.

iiU'i. Payment of Contractor. The engineer shall, within ten days
after receiving a written notice of the completion of the work that has
lieeii let, inspect the same, and if found done according to award certify
the same in writing, giving the name of the contractor, the amount due
him, together with the fees and charges of the engineer, and b}' whom the
same are to be paid.

The Council shall, at their next meeting after the filing of such certi-
ficate, pay tlie various sums to the perso'v- aamed. If the owners within
the nnniicipality do not pay the sums ur which they are, respectively,
mAe liable, the Council may order the sums, together with the seven per
ct;it. added, to lie placed upon the Assessment Roll and collected in same
mainn'r as nnniicipal taxes.

:\IUNIC[PAL LAW.

141

OSIJ. Contracting the Rock Cutting. In case there is rock cutting,'
or blastiiif; to he done tlie engineer may let the .same by tender, and liave
the cont apportioned among tiie respective owners according to tiieir
interests, and payments made as provided in previous section,s.

4»54. Owners Using Ditch. Owners desiring to use such ditch in
wliicli to (h'ain hinds not contemplated by the original proceedings must
do so only upon an agreement or an award.

<»55. Deepening or Covering Ditches. The proceedings to be taken
for the deepening, widening, or covering of a ditch shall Ix; the .same as for
the construction of a ditch.

No ditch shall be covered, unless when covered it will provide capacity
for all the sui'face and other water from lands and roads di-aininj; naturally
towards and into it, as well as for the water of all the lands made lial)le
for its construction.

The maintenance of ditches widened, deepened, or covered .shall bf in
such proportion as was provided in the original award.

ami. Enforcing Maintenance. If any owner neglects to maintain
the portion of a ditch provided by the awaril, any of the owners who
were parties to the award whose lands are affected by the ditch may, in
writing, notify the owner thus making default to have his portion put in
repair within thirty days from the receipt of such notice. And if not so
completed within thirty days they may apply to the engineer, who will
enforce compliance, as in case of the non-performance of the construction
of a ditch previously mentioned.

051. Ditches Previously Constructed. Any one interested in any
ditch which has not been constructed under any Act relating to drainage
woi'k, may take proceedings for the deepening, widening, extending or
covering of such ditch in the same manner as for the construction of a
ditch under this Act. The extent and costs of the work, however, nuist
not exceed the linjitations imposed by this Act.

058. Reconsideration of Agreement. Any owner who was a party
to the agreement or award whose lands are affected by a ditch may, after
two years from the completion of the construction thereof, or in case
of a covered drain at any time after one year, take proceedings for the
reconsideration of the agreement or award under which it was constructed.
The proceedings would be the same in all respects as for the construction
of the ditch.

But in case of a ditch that proves insufficient, .so as to cause an over-
flow of water upon lands along the said ditch and thereby causes damage
to the .same, the award may be reconsidered within six months instead of
the time previously mentioned.

05S>. Engineer's Liability. An engineer who wilfully neglects to
make an inspection witliin thirty days after he has received a written
notice to inspect shall be liable to a fine of not less than $5, nor more than
$10, to be recovered with costs on a complaint before a justice of the peace.

'If,' I

! .,',

142

MUNICIPAL LAW.

4MiO. Draining to a Road. Liuuls adjoining u nmil or highway
where tlie nutiniil course of tlie water i.s towards this road may he drained
therein, and the municipality is required to provide an outli't tor the
.surface and other water wliicli naturally flow to such road.

Ill case no such outlet is provided, the numicipality is liable for an}-
damai,fe that may he thereby occasioned other property that may be
flooded.

<»<>!. Natural Watercourses. A stream or creek flowinjf throui^h
tlie lands of various person.s cannot be diverted to another cour.se without
the con.sent of all the parties who are beneficially affected by such stream
passing- throuj,di tlieir lands.

Surface or other water naturally flowing from the property of one
neiglibor across the lands of others, and a ditch or watercourse, either b}'
artificial or natural wear of the water having been formed, such ditcli
cannot be closed u]) Viy the owner (jf any of the lands through which it
passes, aiul thereby do injury to other lands by the water backing up and
flooding such lands.

Hut procei'dings should be taken under the " Ditches and Water-
courses Act " to have a ditch constructed, to which the owiuTs of all the
lands afl'ected .shall contriljute as their interest appears

^MW. The Municipal Drainage Act is not given in full in this
volume, as individuals are not so particularly interested in the provisions or
intention of that Act as they are in the Ditches and Watercourses. It is
enough to say that upon a petition of a majority in numl)er of the resident
and non-re.sident ])ersoiis (exclu.sive of farmers' sons who are not actual
owners), as shown by the last revised Assessment Roll to be owners of lands
to be benefited in any describeil area in a township, incorporated village,
town or city, to the Council thereof, for the drainage of the area described
in the petition, the Council will order an e.\amination and report l)y the
engineer.

iiiili. By-Laws. Should the Council, after considering the engineer's
report ami the petition, be of the opinion ihat the drainage work proposed
in siiid petition, or a portion thereof, would be desirable, the Council may
pass a by-law :

1. For pi-<jviding for the proposed drainage work or a portion thereof
being done.

2. For borrowir, on the credit of the municipality the funds necessary
or the portions to be contributed by the initiating, wlien the same is to be
constructed at the expense of two oi" more municipalities, and for i.ssuing
debentures to the I'equisiti* amount, in sums of not less than 1?50 each, aiul
payable within twenty years from date, with interest at the rate of not
less than four per cent, per annum. In ca.se of ))uinping and embanking
drainage work the debentures ma^' be payable within thirty ^-ears.

4M»4. Travelling on Highways. 1. Carriages meeting on the high-
way .shall turn out to the right, giving one-half the road.

It is the same when meeting a bicycle or tricycle, the carriage must
turn out to the right far enough to allow the cycle sufficient room on the
traxi'lled portion of the road to pass.

MUNICIPAL LAW.

113

i^rlnvay
I rained
t'or tlio

of one
thcr I)}-
.litcli
liicli it
up and

2. Carriciijus overtaken by another carriage, or on h(jisel)ack being
ovort'-xkoii by another travelling at greater Hpeed, he .sliail quietly turn out
to the right and allow the otliei- to pass, and the person ho overtaking
another shall tiirn out t(j the lei't aH far as is necessary to avoid a collision.
It is the same with bicycles and tricycles meeting each other, or being
overtaken, or overtaking or being overtaken by veliicles drawn by horses.

Tile bicycle or tricycle, however, overtaking a carriage, mu.st give
audible warning before attempting to pass.

•*{. In case of vehicles meeting, (ir one being overtaken by the other,
ami one is too heavily laden to turn out, such vehicle is reciuired to .stop
while the other passes, and if necessary, to a.ssist the person in charge of
the other to pas.s.

4. A person being on the highway in chiirge of a vehicle and horse, yet
too ih-inik to manage tin; .same, or any per.son I'aeing or driving furiously,
or using indecent or Ijlasphemous language upon the highway, incurs a
penalty not less than !*! nor more than !^2().

5. Every per.son driving upon the highway with an}' kind of a sleigh
is reiiuired to have at least two bi-Us attached to the harne.s.s.

0. In cities of over 100,000 inhabitants a jierson travelling upon a
liic^'cle or tricycle in a northerly or westerly direction upon the central
strij) (devil strip) between the doubk' ti'acks of a street railway meets
another travelling in tin' opposite diiection, he .shall turn out to the right,
allowing the other per.son going south or east '■'■e whole of .such central
.strip.

7. Persons who have the s\iperintendence of a bridge over thirty feet
in length may put up a notice forbidding any per.son riding or driving on
or over such bridge faster than a walk. The penalty for violation is a tine
not less than SI nor more than S20.

Any person who injures or interferes with such notice is liable to a
tine not less than S<1 nor more than ^8.

iiii't- Double Tracks on Snow Roads. 1. The County Council may
pass a by-law to provide in each year during the season of sleighing I'or
double tracks, .so that teams may be able to pass without turning out.
The right-hand track is that in which a team is always re(|uired to travel,
and any person travelling in the wrong or left-hand track and refusing to
leave the .same when met by a person travelling therein is liable to a
penalty of not less than Si nor more than i'^20 and costs, and in case of
non-payment to imprisonment for a term not exceeding twenty-one days.

2. The County Council may also require the pathmasters appointed bj-
township councils to cause the roads on which double tracks are to lie
made to be kept open for travel within their respective municipalities: or,
in case of there being no such pathmasters available, may appoint road-
masters to perform that llutJ^ Such ])athmasters have full power to call
out per.sons liable to perform statute labor to assist in keeping open such
roads, and to give such persons certificates for having performed statute
lal)or to the number of days' work done, to be allowed on their next
sea.son's statute labor. The County Council ">ay also, if neces.sary, rei|uire
such township councils to apply so nuich of the connnutation of Statute
Labor Finul as may. be required to ket'p open such roads.

fVf

MUNTCfPAI. LAW

:}. In ciisf tlit^ 'I'owiisliij) ('((UiR'il neglects nv n'Tuscs lo k<'(|) siidi roiids
oj)t'ii, till' ('oiiiity ('ouiicil IS ciitillcil to do ho fiml to iiiiposf upon llic
lo\viiHlii[i H rale sutliciciit I'or tli<' purpose, aii'l collt'C'l tlu; saiiif as otluT
county I'atfs arc eollcctcil.

4. Any person liaMc to pcrloi-in statute lalior wlio neglects or ret'ust's
to turn out ami work under any patlnnaster wlio warns him out tor tliat
|)urposc, is lialile to a penalty of not less than SI nor nioi'c than SiJO
and costs, and in case oi" non-paynient, to iniprisonnierit for a tirni not
uxcpcdinu^ tweiity-onc days.

iHiii. Snow Fences. The councils of e\riy township city, town .md
incorpca'ated \illai;(^ may reipiire ownei-s or occupaiUs of lands horilenui^'
uijon any public highway to take down, altei' oi" reiiio' 'uy r'uce lound to
cause an acctuuulatiun oi" sncnv or ih'it't, so as to ( 'ct travel on the

pultlic hi'^hway. W'lierc such jiower is exeirised, liall make such

C(jmpensation to the owners or occupants I'or the allerauon or removal of
such fences, and for the construction of some other fence a])proved of liy
the Council in lieu thereof, as may he nuitually a;,n-eed U])on, and if the
compensation to be paid by the ('onncil cannot I)e aj:;reed up<ai, then the
same sliall be settled b}' arbiti'ation, as provided by the Miuiicipal Act.

1. In case the owner or occupant ref u.ses or ne;^lccts to remove such fence
and to construct such otiu'r fence as recpiircd by the Council, the Coinicil
may, after the expiration of two months from the time the compensation
was a^freed up(ni or awanled by arbitration, procei'd to do the same, and
all the costH and char^^es thereby incurred by the Council over and above
the .sum a<jreed u]ion or awarded by arbitration, may be recovered from
such owner or occujiaiit by action in the Division ( 'ourt, and if such amount
as judtrment is ol)taincd for is not .sooner paid, be entered by the Clerk
of the Municij)ality on the collector'.s roll, and collected as other taxes.

When a tenant is reipurod to pay the .said sinu, unless he "las a;,;reeil
with the landlord to do so, he may retain the amount ])aid from the rent
to be paid by him to the landlord.

2. The Council has power after the 15th day of Novt;mbi'r in (>ach
year to entei- upon any land.s whatsoever within the municipality an<l erect
snow fences along a public hiffhway, subject to the payment of such
damages as may actually be siiH'ered by the owner or occupant (jf such land,
and if the amount of damages cannot be agreed u])on the same shall be
settled by arbitration.

Uftl. Railway Fences. The fences on eacli .side of all railways and
electvic railways to be erected and maintained shall l)e of the height and
strength of an ordinary division fence.

LINE FENCES.

4MS8. Line Fences. Ownersof occupied adjoining lands are refpiired
to make, keep up and repair a just proportion of the division fence be-
tweca them. Owners of unoccupied lands shall, upon their being occupied,
be in the same position as though they had been occupied at the time of
the original fencing.

'y.ii

MTNICIPAL LAW.

1 IT)

il ot' liy

iUW In Case of Dispute lii'twcciiownrrs ri'spcctin;,' .such propovtiou
tilt' ciiHc slmll li(! scttlril liy art)i( Dit loll nf llic KciK'r Viewers.

010. Notice to be Given. Killur owner nmy send the rollowiu^
notice to tlie otiier owiuM' or oectipiint of tlie iidjoiiiin;; land, that he will,
not hiss tliaii one weok tV(»in the .service of Huch notice, cause three t'eiice
viewers of the locality to arl)itiate in the iiri'Uiises:

<»)|. Form of Notice.

"Talve notice, that Mr. , Mr. , and Mr. ,

three fence vi(!wers of tliis loc.ility, will attend on tlie day of

18 , at the hour of , to view and arbitrate ujioii the line fence in

dispute hetween our properties, beiii;; lots (or parts of lots) ami ,

in the concession of the Township of , in the County

" Dated this day of , IS .

"ToC. ])., A. 1!..

"Owner of Lot (^dvo nninl)er). Owner of Lot (>;ive nuuilier)."

ttVi. Notice to Fence Viewers. The owner .so notifyin<,^ as in
previous section, shall also .send the followin^Miotice to i acli of t!ie fi'iice
viewers not le.s,s than one week before their servicts are . e(|uircd :

" Take notice, that J reijuire you to attend at , on the day

of , A.D. is , at o'clock a.m., to view ami arlatrate on the line

fence between my property and that of Mr. , bein^ lots (or parts

of lots) No.s. and , in the
the County of

" Dated this day of

" To C. I).

concession of the Towiishii) of

,18 .

A. H.,

•' Owner of Lot — ."

Both the precediuif notices must be in writing,', sijijued by the person
notifying, and may Ije served by beinjf left at the residence of such owner
or occupant with .some <frown-up person residine; there: and in ca.se of the
land beinff untenanted, by leavinj,' the notice with an agent of such owner.

An occupant of such land being so notitied must immediately notify
the owner, or be personally liable for all damages caused to the owner by
such neglect.

The owner notified may, within the week, object to any or all of the
fence viewers notitied, and in case they cannot agree, the Judge of the
Division Court .shall name the fence-viewers who are to arbitrate.

iHlli. Duties of Fence Viewers- They shall examine the premises
and, if reijuired by either party, they shall hear evidence and examine
witnesses on oath. Any one of thein may administer an oath or affirma-
tion for the purpose.

1. They shall make an award in writing, signed by any two of thein,
which shalf specify the locality, fpiantity, description and the lowest price
of the fence it orders to be tnade, and the time within which the work

III

14G

MUNICIPAL LAW.

■■■•.\

ji.

'1
..i

shall be done. They shall state which of tlie parties shall pay the costs of
the proeee<lings, or in what proportion they shall be paid.

2. Tliey shall, in niakinjf the award, consider the character of fences
in use in the locality, the pecuniary circumstances of the persons between
whom they arbitrate, and the suitableness of the fence ordered to the
wants of each party.

.'). Where, by i*eason of streams or other cau.ses, it is found impossible
to locate the fence upon the line between the parties, they may locate the
fence either wholly or jiartially on the land of either party where to them
it seems to l)e most convenient. Such location shall not affect the title to
the land.

4 If necessary, they may employ an Ontario land surveyor to describe
the proper locality of the fence.

."). The award shall be deposited in the office of the Clerk of the
Municipality in . which the lands are situate, and shall be an official
document, anil notice of its beini>; made shall be given to all the parties
interested.

014. Enforcement of Award. 1. The poi*son desiring to enforce the
award shall serve u[)on the owner or occupant of the adjoining lands a
notice in writing refpiiring him to obey the award. If the award is not
obeyed within one month after service of such notice the jjerson so
desiring to enforce it may do the work required, and innnediately enter
proceedings in the Division Court to recover the value and costs from said
ownei'.

The Division Court Judge may, on application of either party, extend
the time for making tlie fence to such time as he may think just.

2. Instead of having the execution to issue upon such judgment, the
party enforcing the judgment may obtain a certificate from the Clerk of
the Division Court of the amount of debt due and costs, and lodge the same
with the Clerk of the Municipality, to be placed upon the collector's roll
and collected in the same manner as the taxes. It then becomes a charge
on the lands until paid : ami execution shall not in such case thereafter
issue on such judgn\ent.

'i. The award .slorll also constitute a lien upon the lands when it is
registered in the Registry Office of the division in which the lands are
situate.

015. Form for Award ;

"We, the Fence Viewers of (name of the locality), having been nomi-
nated to view and arbitrate upon the line fence between

of (name and description of owner who notifies him), and (namt: and
description of owner notified), which fence is to be made and maintained
between (descrilte properties), and having examined the premises and
duly acted according to the Line Fences Act, do award as follows: That

part of the .said line which commences at and ends at (name the

points) shall be fenced, and the fence maintained by the said ,

and that part thereof which commences at and ends at (ilescribe

the points) .shall be fenced, ami the fence maintained by the said

The fence shall be of the following description : (State

costs of

jf fences
liotween
1 to tlie

ipossible

>cate the

to them

e title to

describe

of the

official

le parties

force the
•■ lands a
rd is not
)crson so
xsly enter
from said

y, extend

nient, the
; Clerk of
: the same
;ctor's roll
3 a charife
thereafter

vhen it is
lands are

»een nomi-

nami' and
naintaincd
inises and
)ws: That
(name the

t (describe

jn : (State'

MUNICIPAL LAW.

147

the kind of fence, height, material etc.), and shall cost at least ..... per

rod. The work shall be commenced within days and completed

within da3^s from this (hite, and the costs .shall be paid by (state by

whom; if by both, in what proportion).

"Dated this day of ,18 ."

{Sifjnatures of Fence Viewers.)

GTH». Appealing from Award. Any person dissatisfied with the
award ma^' appeal therefrom to the Judge of tlie County Court of the
county in which the lands are situate.

1. In which case the party appealing shall serve upon the fence
viewers and all the parties interestetl» a notice in writing of his intention
to appeal, within one week from the time he was notified of the award.

2. The appellant must also deliver a copy of the notice to the Clerk
of the IMvision Court, who will immediately notify the Judge of such
appeal, who will fix a day for hearing the appeal, and, if he thinks fit,
order the appellant to deposit with the Clerk .sufficient funds to cover costs
of appeal.

3. The Clerk, as soon as he receives notice from the Judge of the time
and place set for '.earing the appeal, shall notify the fence viewers and
all parties iute .osted.

4. The .Fudge niay, after hearing the case, set aside, alter, or affirm the
award, and or<ler costs as seems to him just. His decision shall be final,
and the award ,so determined shall be dealt with as if there had been no
appeal.

<»li. Fees of Fence Viewers- The fence viewers shall be entitled
to receive S2 each, for every day's v.^nk given in tlu- chkr, and the land
surveyor and witness same fees );s they would i"ecei\e in a Division Court
case.

At the expiration of the time for appeal, or after the appeal has been
disposed of, as the ca.se may be, the nnuiicipalit}' shall pay the fence
viewers their fees, ami if the same be not forthwith rejiaid by the pt r.son
awarded or adjudged to pay them, they shall thereafter be placed upon the
collector's roll an 1 collected as the ordinary taxes.

The municipality shall also deal in the same way with the expenses
the Judge may incur in inspecting the premises, etc.

writnig

i»7H. Registration of Agreements. Any agreement
between owners respecting such line ft>iices may be registered or filed, and
enforced the same as an award.

U11>. Form of Agreement.

" We, (A. H.) and (C. I).), owners, respectively', of lots (or parts of lots)
number in the concession of the Township of , in

the County of , do agree that the line fence which divides our

said properties shall be made and maintained by us as follows: (Follow the
.same form as in award).

"Dated this day of ,18 ."

(Signnturen of both).

£fl

i>l

iHff-^

1-18

MUNICIPAL LAW.

4W0. Removal of Division Fences. The owner of the wliolo or part
of a line i'enee, wliich forms part of tlie fence enclosing the occujiied or
improved land of another person, shall not remove any part of .such fence
without giving such other person at least six months' notice of his inten-
tion to do so ;

Nor unless such owner or occujjier, after demand made upon him in
writing by the owner of such fence, refuses to pay for the same the sum
awarded by the fence viewers.

OKI. Trees Across Line Fences. 1. If a tree from any cause is
thrown acrass a line fence and does damage to the crops on tlu^ adjoining
property or to such fence, the owner or occupant of the premises upon
which the tree formerly stood shall forthwith remove the same, repair the
fence and make good any damage caused by the falling of such tree.

2. On his neglect or refusal for forty-eight hours after notice in writ-
ing to remove the same, the injured party may do so in the most inex]ien-
sive manner and retain the tree as remuneration, and also recover any
further amount of damages sustained from the part}' liable to pay the
.same.

3. The owner of such tree may, for the pui-pose of removal, enter upon
such adjoining premises without being a trespasser, avoiding any unneces-
.sary waste in doing so.

4. If the parties cannot agree the dispute shall be adjusted by three
fence viewers, the decision of any two of whom shall be binding upon the
parties.

POUNDS.

HH'i. I'nless varied by by-laws of the C\)uneil,the following statutory
provisions shall be in force in every nnuiicipality in the Province.

Horses, cattle, shoep, swine and poidtry may lie impounded for unlaw-
fully running at large or trespassing and iloing damage.

L The person on whose premises such animals have trespa.ss(.'d may
deliver the same to the pound-keeper, or

2. If the owner of geese < r other iioultrj' refuses or neglects to pre-
vent the same from trespa.ssing on his neighbor's premises after a notice in
writing lias been served upon him of their trespass, he may be lirought
before a justice of the peace and fined as the justice directs.

a. VVhen an animal has been impounded the pound-keeper is required,
within twenty-four hours, to deliver a written notice to the Clerk de,sci'ib-
ing the animal as nearly as may l)e.

4. If the common pound of the nmnicipality is not safe the poinid-
keeper may confine the animal in any other enclosure within the pound-
keeper's division.

5. The person di.straining or impounding, if re juired by the pound-
keeper, nmst deposit poundage fees, and withi.i twenty-four hours there-
after (Uiliver to the pound-keeper duplicate statements in writing of his
demands against the owner for damages, if any, not exceeding S20, done

MUNICIPAL LAW.

149

by such animal, and also give his written agreement, with security if
requiretl, similar to the following :

" I (name), do hereby agree that I will pay to the owner of the animal
(describes it), by me this day impounded, all costs to which tiie said owner
may be put in case the distress by me, the said (give namej, proves to be
illegal, or in case the claim for damages now put in l)y me, the said (name),
fails to be established."

(Sif/nafiLre.)

Tlie owner of the animal impounded is entitled at any time to deiri.uid
the possession of his animal without payment of any poundage fees on
giving satisfactory security to the pound-keeper for all costs, damages and
poundage fiH's that may lie awarded against him.

(i. In case of horses, cattle, sheep or pigs are distrained by a I'esident
for straying WMthin his premises, such per.son may retain the animal in his
own possession, instead of delivering it to the pound-keeper, provided he
makes no claim for damage and gives the re()uired notices as follows:

If the owner is known to him he shall forthwith notify him in writ-
ing that he has taken uj) the animal : but if the owner is unknown then
he .shall within forty-eight hours after taking posses.sion of the aninuilgive
the Clerk of the ]\Iunicipality a notice in writing of having taken up the
animal, and giving a de.scription of the animal as near as may be.

The Clerk will forthwith enter a copy of such notice in a book kept
for that purpose, and post another copy in a consjiicuous place on or near
the door of his othce, and keep it posted for one week.

If the value of the animal is SIO or more, the distrainer shall have a
copy of the notice published in a news[)aper in the county once a week for
three succe.ssive weeks.

<»HJJ. Notice of Sale. 1. In case an animal is impounded, notice of
the sale shall be given by the pound-keeper or person who impounded the
animal within forty-eight hours : but no pig or poultry' shall be .sold till
after four clear days, nor any iiorse nor cattle till after eight clear days,
from the time of impounding the same.

2. In ca.se the animal is not impounded, but retained in po.ssession of
the party di.straining the sanie, if It is a hor.se, pig, goat or sheep, the
notices for the .sale shall not be given for one month ; and if it is a horse
or cattle the notices for sale shall not be given for two months after the
animal is taken up.

:i. The notices of sale may be written or printed, and shall be posted
up and contiiuied three clear successive days in three public places in the
municii)ality, giving the time and place at which the animal will be
publicly sold, inde.ss sooner re<leemed, the penalties or damages, as the
case may be, paid, ami also the lawfiU fees and chai'ges of the pound-
keeper and fence viewers, if any, together with the expen.ses of tin mimal's
keeping.

<»S4. Disputing Amount of Damages. I. If the owner, within
forty-eight hours after the delivery of the notices of damages to the pound-
keeper, disputes the amount of damages, the amount shall be decided by

1:!'!

I'tf

I- 1

.4,'

•t

150

MUNICIPAL LAW.

the majority of thi-ee fence viewers of tlie inunicipality — one named Ly
the owner of the animal, one by the person claiming damaj^es, and one by
the pound-keeper.

2. Such fence viewers, or two of them, shall, within twenty-four hours
after notice of their appointment, view the fence and the {ground upon
which the animal was found doiuf^ damage, and determine whether or not
the fence was a lawful one according to the statutes or the by-laws, and if
found to be lawful, then to appraise the damages connnitted : and within
twenty-four houi's after having made the view shall deliver to the poinid-
keeper a written statement, signed by at least two of them, of their
ai)praisement and of their lawful fees and charges.

•S. If the fence viewers decide agninst the legality of the fence the
pound-keeper shall, upon payment of all lawful fees and charges, deliver
such animal to its owner if claimed before the day of sale, but if such fees
and charges are not paid the animal may be sold after giving due notice as
recjuired by the Act.

For neglect to do their duty they incur a penalty of !?2. payable to the
municipality upon complaint of the party aggrieved or the treasurer of
the municipality.

085. Care of Impounded Animals. A pound-keeper refusing or
neglecting to provide proper shelter with good and sufficient food and
water for animals impounded incurs a penalty for every daj' of such
neglect or refusal of not less than SI, nor more than S4, one-half going to
the nmnicipality and the other to the prosecutor.

Also any other per.son who may so retain the animal in possession, as
previously stated, must give the same care, and shall be entitled to recover
from the owner the value of the food and a reasonable amount for attend-
ance.

4880. Sale of the Animal. Upon affidavit before a justice of the
peace that all the proper notices had been given in the manner prescribed,
if the owner does not redeem the animal before the day appointed for sale,
the pound-keeper who impounded the animal, or if the person who took up
the animal did not deliver such animal to any pound-keeper, but retained
it in his own possession, then any pound-keeper of the municipality may
publicly sell the animal to the highest bidder at the time and place
mentioned in the notices ; and after paying the legal damages, not more
than 820, fees and charges for keeping, the surplus shall be returned to
the owner of the animal, and if not claimed within three months, such
surplus shall be paid the treasurer of the inunicipality for use of sucii
inunicipality.

08T- Annual Statement. Every pound-keeper and other ])erson
who so retains any animal, is required on or before the 1.5th flay of
January, to file with the clerk of the municipality a statement for the year
ending the 31st day of December preceding :

1. The number of animals impounded or distrained, as the case may be.

2. The number of animals sold and the amounts received.

3. The sum received as poundage fees and cost of keep.

eil l)y
Jiie by

hours
upon
or not
and if
witliin
lound-
tlieir

tlie
eliver
ell fees
>tice as

MUNICIPAL LAW. 151

4. The amount of damages paid by any party.

">. All disbursements and to whom paid.

0. Any other receipts and expenditures in connection therewith.

The statement must be certified to as a true and accurate statement
for the year ending the Jilst day of Decendier prior to that in whicli the
statement is filed.

The penalty for neglecting to file such statement at the time required
incurs a penalty not exceeding SIO.

doct8 and sheep.

tt88. Dog Tax. Where tlie Council of a nuinicipality has not by
by-law delai'ed otherwise, every nnniicipality shall levy annually upon the
owner or possessor of each dog therein an annual tax of SI for a dog and
S2 for a bitcli. The owner of a kennel of pure-bred dogs, which are
registered in the " Canada Kennel Register," may pay to the treasurer of
the municipality 810, as a tax upon such kemiel for that year, and shall
then be exempt from assessment for the said year.

1. Upon a petition of twenty-five ratepayers the Council may pass a
by-law that the said tax or any part of it shall not be levied in the
Hiunicipality.

2. If the persons who have been assessed for dogs fail to pay the said
tax the dogs may be destroyed. The constable ordered to destroy them
may enter upon the premises for that purpose.

3. The money collected from such tax shall form a fund to satisfy
sucli damages as ma^' arise in any year from <logs killing or injuring sheep
in such nuinicipality, and the balance to go to the general funds.

4. Councils may also pass by-laws declaring that such tax shall be
levied, but that it be not used as a fund for payment of damages as
mentioned in preceding paragraph, but to be used as other taxes.

4»8i> . Protection of Sheep. (1) Any person may kill a dog which he
sees pursuing or worrying a sheep or lamb: that is, the dog may be killed
whilst in the act, but if he has made his e.scape he cannot be followed
home and killed tliere : but in such ease the owner of such dog must be
proceede<l against according to law, as given in following .sections ; or,

(2) Any dog without lawful permission found in any enclosed field on
a farm, barking at and terrifying any sheep or lamb ; or,

{'•]) Any dog found straying between sunset and .sunrise on any farm
where sheep or lambs are kept ; but a dog from the adjoining farm, or a
dog securely muzzled, or being within reasonable call of its owner or other
per.son in charge of such dog, shall not be killed unless there is reasonalile
gx'ound to believe that .such dog is likely to pursue or worry sheep or lambs
on the farm.

090. Destruction of Dogs which have worried sheep provided for,
as follows :

On a complaint made in writing on oath before a justice of tlie peace,
the owner or harborer of a dog which has worried or injured any sheep or

1,1

»' ,,

If)".

.MUNICIPAL LAW,

lamb witliin six niontlis pivvious. may be summoiieil before tlie ma<i;iHtratc
to answer to sucli eom[)laiiit, and on conviction the Justice may order sueli
doi;' to be killed witliin three days, and in default thereof may in his dis-
cretion impose a tine not exceeilinjf !?20 with costs. A conviction under
this Act is not a bar to an action for damages.

OJM. Extent of Liability. 1. The owner of any sheep or lamb
killed or injured by a do<>. niaj- recover damages from the owner or keeper
of such dog by an action for damages or by summary proceedings before
a justice of the peace,

2. If it appej'.rs to the court oi' judge at the trial that the ilamage
sustained was cau,sel by other dogs as well, and in company with the one
whose owner is ehargetl in the complaint, then the judge may ai)portion
the damages among the respective owners, as far as tliey ai'e known, of
such dogs as he thinks tit, us if the complaint had been laid in the first
place against such person or persons,

3. An appeal from the judgment may be made to the Division
Court.

mm. Dogs to be Killed by Owner, The owner or keeper of a dog
or dogs, to v.'hom notice has been given of injury <lone by his dog to any
sheep or lamb, or of his dog having chased or worried any sheep or lamb,
is re(|uired within forty-eight liours after such notice to cause such dog to
be killed. For neglect to do so he is liable to a penalty of S2.50 for each
dog, and a further s\nn of i?1.2'> for each such dog for every forty -eight
hours thereafter until the dog is killed, if it is proved to the satisfaction of
the justice before whom the prt)ceedings are taken that such dog or dogs
actually did the damage complained against.

''■''^- The penalties shall not be enforced if it appears to the satisfaction of
the justices that such owner had not the power to kill such dog.

<»!>3. Recovering Damages. 1. In case the owner of any sheep or
lamb so killed or injured proceeds against the owner of the dog that did
tile injury before a justice of the peace, and having secured a conviction,
but is miablc to recover tlu' amount ordered to Ije paid as compensation for
want of suthcient ilistress, then the Council of that nnuiicipality .shall order
t<i be paid from the treasmy two thirds of the amount orderefl to be paid
by the justice in addition to the costs.

This would not be done in case such iiiunicii)ality had, by by-law,
declared not to use the dog tax for a fund for payment <jf such damages,

2. The owner of any sheep or hunb killed or injured by a dog, the
owner of which is not known, may, within three months after the killing
or injury apply to the Council of the Municipality for the compensation.
The Council, when satistied that the aggrieved party had made diligent
in(|uiry and search to ascertain the owner of such dog, may award to such
aggrieveil party a sum not exceeding two-thirds the amount of damages
sustained by him. After the aggrieved party receives such compensation
from the nnuiicipality his claims then belong to the municipality, and they
may enforce the .same against the ott'ender. In case the nuniicijiality sub-
se(piently recovers moi-e fiom the offender than th y paid to the aggrieved

MUNfCIPAI. r.AW.

153

party lu-sides tlicir costs; they .sliiill piiy the excess over to said aj;'f;i'icve(l
I)arty.

.'{. If the Council has by by daw decided to dispense with tlie levyiiij^
of a dorj tax, tlie owner of any sheep or himl) kiHed or injured by a doi;
may, notwithstanding, sui' the owner or keeper of sucli tlo<; or dogs for
the damage sustained as previously mentioned.

<MM. When Compensation is not Allowed. The owner of any sheep
or lamb killed or injured while running at large upon a highway or
unenelo.sed land has no claim under the Act to obtain compensation from
the nuniicipality.

LIQUOR LICENSES.

0!K"». Issue of Licenses. Taveri\ and shoj) licenses may issue between
the i^t and l.")th day of May in each year, and shall expire on the :iOth day
of April of the following year.

In special cases the License Commissioners may direct licenses to issue
after the 1st day of May, providing the application for the same has been
filed with the inspector on or before the Lst day of April.

iiiHi. Number of Licenses- The number of tavern licenses to be
granted in a nuniicipality in each year shall not exceed the following limi-
tations in cities, towns and incorporated villages:

1. For the Hrst 250 of the population, one tavern license.

2. For each subsequent '2riO of the population one ta\ern license, but
not more than three sueli licenses for the first 1,000 inhabitants.

'A. For each full (iOO over the first 1,000 inhabitants, one tavern
lieensf.

4. The preceding parts of this section do not apply to county towns
having a population of '2,r>00, or less, as to which there maj'^ be one license
for each 2.')0 for the first 1,000 inhabitants, and one for each 400 over
1,000 of the population.

In no case can the number of tavern licenses be increased in a
nnniieipality beyond the nundjer issued for the year ending 1st May, 1807,
uidcss the population has so increased .since taking the census in 1<S!M
that the eonnnissioners deem a larger number neces.sary.

Ut><. Accommodation Required. Every tavern to be licensed shall
contain, during the continuance of the license, in aihlition to what is
net'di'd for the use of the family, not less than four bedrooms, togethei'
with a suitable complement of bedding and furniture, and attached to .said
tavern pi'oper stabling for at least six horses. In cities, the number of
bcdi'ooms reipiired is six : but in both cities and incorporated towns
stabling is not reipiired for horses.

I. Such tavern shall form no part of, and shall not communicate by,
any entrance with a store wliere groceries or pn-\"isions are kept for sale.
This sub-s{>ction does not apply to tcjwnships unless provided for by a
bv-law of the Council.

154

MUNICIPAL LAW.

2. Kvi'iy tavern slinll be sliuwii to the .satisfaction of the lieoii.se
conuiiisHionerH to be a well-appointed and .sufficient eating-liouse, with all
the appliances reipiisite for the daily service of meals to travellers This
sub-section applies to all taverns or houses of entertainment without
exception.

3. Councils of cities and towns may, by b^^-laws passed before the
Lst (hiy of March in any year, prescribe for the next license 3'ear reipiire-
ments in addition to those previously n>entioned as to accominoilation to
be po.ssessed by taverns, and the license commissioners upon receiving a
copy of such by-law are bound to obsene its provisions until the by law
is repealed.

<»!>8. Beer and Wine Licenses may be i.s.sned upon application in
place of tavern licenses if the Hoard of Commissioners, by resolution passed
before the bst day of May, so declare; but such resolution must not so
limit the number of tavern and .shop licenses as to prohibit within any
municipality the .sale of spirituous litpior.s.

1. A beer and wine license means a tavern license for selling by retail
lager beer, ale, beer and porter, and native wines manufactured in Ontario,
containing not more than fifteen per cent, of alcohol, also light foreign
wines (not port, sherry or Maderia wine) containing not more tlui" Hfteen
per cent, of alcohol, in (luantities of le.ss than one ijuart.

2. The holder of such license is subject to all the conditions and
penalties that apply to tavern licenses.

.S. The hokler of a beer and wine licen.se shall not keep spirits on the
premises, or any intoxicating liipiors other than those enumcrat(H], and
the native and foreign light wines containing more than fifteen per cent,
of alcohol, or be liable to the penalties provided for selling spirituous
li(juors without license. (See Section 712.)

tt*M>. Saloon licenses are not to be issued after the 30th day of April,
1809, but all hou.ses licensed to sell intoxicating liijuors nmst have all the
tavern acconunodation reipiired by law.

1. Exception is made respecting eating-houses or restaurants in
railway stations having had a license before the 13th da^^ of April, 1S97,
and was at that date duly licensed Such license may, in the discretion
of the License Commissioners, begranteil without the hotel accommodation.

100. Shop Licenses. No shop licensi; shall be granted to any person
to .sei' licjuors in any store or premi.ses where groceries or other merchand-
ise art sold, except mineral or aerated water, not containing spirits, ginger
ale, li(jUor cases, bottles, or licjuor baskets, or packages, taps or faucets,
cigars i 1 unbroken packages of not less than fifty cigars or fifty cigarettes,
or five pounds of tobacco, and not to be consumed on the premises.

Ginger ale and mineral waters must not bo sold in less (|uantities than
one-half dozen bottles, and must not be consumed on the premises.

101. Restrictions by Councils. The councils of cities, towns, vil-
lages and townships may, by by-laws, to be passed before the 1st day of April
in any year, limit the number of shop licenses to be granted therein for the
next ensuing license year, and impose such resti-ictions as the Council may

MUNTCfPAL r.AW.

l.-).-)

think fit Such bj'-law iiiiiy b(> imulo to come in force on the l,st »hiy of
May next ensuinif, or on the 1st day of May of tiie .succeedinij year, and
shall not be repealed during the next tliree years after it conies in force.

TOti. Wholesale Licenses may be issued in any municipality at any
time durinj^ the year by the Inspector, after the License Conunissioners
have directed the same to be {^ranted the applicant. Such license shall be
for selling spirituous or fermented li<|Uors by wholesale only, and shall
become void in case the holder, either directly or indirectly, through any
partner, clerk or other agent, carries on, during the currency of the license
upon the pi'emises, the business of a retail ilealer in other goods or wares.

T0;{. Manufacturers of Native Wines from grapes grown in Ontario
ma} sell such wines in ([uantities of not less that one gallon, or two bottles
of not less than three half pints each at one tinie, not to be drunk upon the
premises, are not re<|uired to have a license.

'104. Council Imposing Higher Fees. The Council of any muni-
cipality may, b}' by-law, passed before the 1st day of March, re(|uire a
higher fee for tavern or shop licenses than the statutory sum, but must not
exceed S20(), unless such by-law has been submitted to and received the
assent of the electors. If such by-law is not passed before the 1st day of
March, it will not come into force until the 1st day of May in the following
year, and shall remain in force until repealed. If it has been approved by
the electors the repealing by-law must also receive approval of electors.

105. Sale of Liquor by Druggists. Chemists or druggists may sell
litpiors for strictly medicinal purposes, in packages of not more than six
ounces at any one time, or any mixture containing liquor mixed with any
other drug or medicine for medicinal purposes, in packages of not more than
one pint.

The druggist is required to keep a I'ecord of every .sale of such liquors,
giving the date, name of purchaser and (|uantity sold, and the prescription
of the medical practitioner.

TOO. Objections to Grant of License. Any ten or more electois of
a polling sub-division, may object by petition to the granting of any license
within such sub-division, and may urge any one or more of the following
objection, as the case may be :

(1) That the applicant is of bad fame and character, or has previously
forfeited a license, or that the applicant has been convicted of selling lii|Uor
without a license within a period of one year, or that he has kept within a
period of two yeai-s a place in which the illicit sale of liquors was frecjuent
and notorious ; or,

(2) That the premises in question are out of I'epair, or have not the
accommodation re(|uired by law, or rea.sonable accommodation if the pre-
mises be not subject to the .said requirements ; or,

(3) That the licensing thereof is not required in the neighborhood, or
that the premises are in the immediate vicinity of a place of public worship,
hospital or school, or that the (juiet of the place in which such premises are
situate will be disturbed if a license is granted.

i-;

'•t

!.-)(!

.MrNIC'|.PAl. LAW.

Any {MM-Hou who Ims sigiunl the iiicinorial ajfain.st the ^nintiii}f of .such
license may lie hoard by the Board of ConnnLssionei's in opposition thereto.

In ease the character of tlu applicant is ohjected to, three days' notice
nm.st lie j^'iven the applicant before the objection shall be heard, inile.ss the
IJoard directs otherwise.

101. Petitions against Renewal of licen.se in a residential locality,
si<fiied by not less than scventy-tive person.s, being at least a majority of
the electors in a pollin;j sub-division, may be presented to the Board of any
city, jiraying that any tavern license i.ssued in that sub-division be not
renewed on the ground of that the locality in which the premises are
situate is a residential and not a business locality.

1. Hefon^ circulating such petition ten resident electors may, by writing,
reiiuest the Hoard to decide whether or not such locality is a residential or
business locality. Notice of such application must be personally .sei'ved
on the owner, and if the owner is not the occupant, then upon the occupant
of the premises also, at least two weeks before the application is delivered
to the Jjoard.

2. A written notice, signed by at least ten resident electors of the
polling sub-division, setting forth the substance, of the petitions, must be
personally served upon the owner of such licensed premises, and if the
owner is not the occupant, then upon the occupant also, and published
once each week for two successive weeks in a daily newspaper published
in the city.

3. The petitions shall be pre.sented within two months after service of
the notice of the intention to present the same and before the 1st day of
April, and tliere shall be annexed thereto a certificate under the hand of
tht! Clerk and seal of the corporation that the petition is signed by at least
a majority of the electors of the sub-division.

The signatures must also be verified by the statutory declaration of
at least one attesting witness.

TOK. Action by the Board. The Board of License Commissioners
shall meet within one week after the receipt of the petition, and upon being
satisfied that the provisions here enumerated have been complied with, shall,
by ri'solution, declare that the license for such premises shall not be
renewed after the expiration of the next ensuing license year, nor any
other license in lieu thereof be granted to premises in said locality si) long
as the same is a residential locality.

100. New Applicants for License. In case of an application for a
tavern or shop license by a person who is not at that time a licensee mider
the Act, or in case of an application for a transfer from another ])f)lling
sul)-division of such license to premises which are not then licensed, the
petition for the sajne must be accompanied by a certificate signed by the
majority of the electors entitled to vote at elections for the Legislative
A.ssembly in the polling sub-division in which said premises ai-e situate, and
the said majority must include at least one-thinl of such electors who are at
the time of such application residents within the said polling sub-division.

The license shall not be gi'anted if a majority' of tha duly (])uilified

of HUCll

tliert'to.
notice
t'Hs the

ocality,

ority of

of any

be not

ist's tire

lonir

MUNICIPAL LAW.

157

eIectoi-.H, as aforesaid, petition ajjainst the same. The petitions ajjainst the
jfi-antinjj of a license sliall be lodjred with tlie inspeetor at least four days
before the Hi'st meeting of tlie Board to consider the ap])lication, and tiie
inspector sliall present the petititai at such meetinJ,^

In case of dispute as to the reijuired majority or proper (pialiHeation
of the electors sif^ninjf the petition or certiiicate, the Clerk's certificate shall
be sufficient and final.

110. When Licenses Must Not be Granted. \. The license
connni.ssioners shall not orant any license whatever for the sale of intoxi-
cating li(|Uors on the days of the Imlustrial Kxiiosition at Toronto, or of
an}' district or township aj^ricultural exhibition, either within the {.(rounds
or within 800 yards from said <^rounds.

2. Nor within 800 yards of a church, high school, public or separate
school, university or college, or other pulilic I'ducational institution
measured from the main entrance of such building.

8. No license shall be issued for the sale of licjuor on an}' fenyboat
or vessel navigating the great lakes or the inland rivers, and no liipior shall
be kept for sale on such boats.

111. Prohibited Sales. 1. All places where intoxicating liijuors arc
sold by wholesale or retail shall bi' closed from seven o'clock Saturday
night until six o'clock Monday morning, and during these hours none
must be sold or drunk on the premises, except by the occupant, or a
mendier of the family or a lodger. The bar-room must also be kept closed
during such hours except upon reijuisition of a physician, or a justice of the
peace.

2. On other days the prohibition extends fiom ten o'clock in the
evening for townships, villages and unorganized territory, and eleven
o'clock in cities and towns, and the hour of six o'clock in the morning.

3. No sales of li(pior on polling days within the limits of a polling
sub-division for either a parliamentary election, or legislative assembly
or municipal election, or when voting on the Canada Temperance Act, from
six o'clock in the morning until six o'clock in the morning of the following
daj'. Jn cities, towns and incorporated villages a light in the bar-room
is deemed jirlvia fuclr evidence of sale.

lllij. Penalties. J. Persons, other than the keeper of the house or a
lodger, who is unlawfully found in the bar-room or who buys licpior during
the prohibited hours for selling, is liable to a tine not exceeding !?10, nor
less than S2, with costs.

2. Purchasing intoxicating li(|uor from any person not licensed to sell
incurs a penalty under the Act.

.'}. The holder of a shop license or a ilruggist who allows any liijuor
to be consumed on the premises is liable to the penalties for selling licpiors
without a license.

4. Persons holding a license to sell by wholesale must not allow li<juor
to be consumed on the premises, nor sell to persons to sell again who have
no license.

i>. Any license connnissioner or inspector wdio knowingly issues any
licen.se contrary to the provisions of the Act is liable, upon conviction, to a
penalty for each oft'ence of not less than $40 nor more than Si 00.

[

f.i

158

MUNICIPAL LAW.

I.-

;:»

■i

4'.

(). Any inupicipal i)ftL'< r oouviettMl (if mi otK'iicc umlor tlio Act lorfcits
his oHici', lUitl is (lis(nmliHcil from hulding any municipal oHicc I'or two
years, and to tin- rejjfniar penalties providfil under the Act.

1i:t. Penalty for Selling Without License. Tiie jienalty for sell-
in^' into.viratinj; liijuois withcjut license is : For the (ir.st ortence, a tine of n(jt
le.ss than !?"»0, nor more than 8100 and costs, and in ilefault of payment, to
iinprisonniont in the common <,'aol for a pei'iod not less than throe months,
with or without hard labor, at the discretion of the convictin<,f niajfistrate ;
and for tlie second offence, upon conviction, to imprisonment for four
months with or without Inird lahoi-: and for tiie third otl'enee, imprison-
ment for six months: and if committed upon several convictions the terms
of impri.sonmont shall l)e consecutive, and not concurrent.

114. Selling During Prohibited Hours. For the first ofi'ence a
fine of not less tiian !?20, nor more than S40, w ith costs; *^'of the second
ott'ence, a fine of not le.ss than S40, nor more than SSO, with costs, or twenty
day.s' im])risonment with hard lalioi-: for the third offence, a fine not le.ss
than !*S(), nor more than 8100, with costs, or fifty days' imprisonment with
hard labor. The tliird conviction also foifeits the license and dis(|ualifies
from obtaining another license for two years In jirovinj,' the case it is not
necessary that money actually pas.sed or that liipior was actually consumed
if the court is .satisfied that a transaction in the dispo.sal of li(|Uor actually
took place.

■J IS. Physicians and Justices of the Peace who colorably jjive a
certificate or re(|uisition for medicinal purposes, without which liiium- C(add
not be lawfully obtainetl from a druj^gist, to enable a person to obtain
liijuor to drink as a beverage is liable for the first offence to a penalty of
not less than !?10, nor more than S20 : and for a sc oud > y sutweipient
offence, of not less than §20, nor more than s M)

110. Penalty for Permitting Dru: _ss or disor<I riy conduct
on the prenii.ses, or any games of i;amblii. a tine of not >s than !ii«10,
nor nua-e than .SoO: or iov permitting or u.~ • any ii ternal comnnniication
between (wiy licensed premises and unliceUM d p mises, used for public
entertaiinnent or refreshment-house incurs the sam iienalties.

111. For Supplying Liquor to Minors. I. Any licen.sed pers.
who allows any description of intoxicating liquors to be supplied from Ins
premises to persons of either sex a])parently or to the knowledge of the
licensed persons, or of the person supplying the licpior, under the age oi 21
years, shall, as well as the person who actually supplies the liquor, lie
liable to a penalty of not less than SIO, nor more tlian .S50, besides ci N
for every such offence. This does not apply where the liquor is purchas •<!
on the written order of the parent, guardian or master.

2. This section applies to clubs whether licen.sed or unlicen.sed, as well
as to taverns and shops licensed, and the .same penalty is affixed, and
whether such minor is a niendier or not.

3. Any licensed person who knowingly permits any minor to linger in
or loiter about any bar-room or other room where liquor is sold, unaccom-

MUNICfPAL LAW.

159

rorffits
or two

pauiod by purt'iit or <;iiiu'iliaii, is liiihle for ovory .such ofFoiico to ii jM'iiiilty ol'
not k'Hs tlmii i^2, 111)1' iiKJi'c tliaii !?!(), iiinl costs; ami tin; iiiinor so liiii^eriii^'
witlioiit j^ocjil and sutficii'iit cause, and wlio is not a n-sident on tlic juvuiises
or a hoarder or lodjfcr, is liahlo to the saiiie penalty.

■JIH, Prosecutions. Ail int'orniation or coiii|ilaiiits for the pro.secu-
tioji oi' oHences under this Act shall he made in writiiifjf within thirty days
alter tlu' coiniiiissioii ol' the oH'ence or the cause of action arose.

I1J>. Pawn by Tavern Keepers. If any person holding;- a license
purcha.scs from any per.son any wcarinif apparel, tools, impleiiients of trade
or hushandry, Hshin<,';fear, liousehold <roo<ls, furniture or provisions ])y way
of sale or harter, directly or indirectly, the consideration for any part of
which is any into.Nicatin<f liipior or the price thereof, or receives from any
person any "foods in pawn, any stipendiary iiia<,'iHtrate, a police iiiaifistrate,
(ir two justices of the peace may. upon sutKcient |)roof on oatli heiiij,' made,
issue a warrant for the re.stitution of till such pro])(!rty, and for payment of
costs, and the oft'eiider shall al.so he liable to a penalty not excee<Hii<; !520.

■J'iO. Furnishing Liquor in Excess. Wlu-re in any tavern, place
of public entertainment, where refreshments are sold, or where intoxicatiiijf
li(|Uors are sold, cither lej^all}' or illej^ally, any person has drunk to excess
of intoxicatiii;;- liipiors furnished to liiiii therein, and while in a .state of
intoxication from such drinkinehas come to his deatli by suicide or drown-
inj;', or perishinji' from cold or other accident caused ])y such intoxication,
the keeper of such house, and also the person or persons wIkj, for such
kee])er, delivereil the liiiuor to such per.son which caused the into.xication
shall be jointly and severally liable to an action, if brou<ilit within three
months thereafter, l)y the legal representatives of the decea.sod, who may
bring either a joint and general action again*it them, or a separate action
against any iMie of them, and recover a sum not less than SlOO, nor more
than !?l,000, in the aggregate as (himages, as the court or jury determine.

Vil- Liability for Assaults. If a person in a state of intoxication
assaults any i)erson or injures any property, the person who furnislu'd
liim the lii|Uor, if done in violation of this Act or in violation of law,
shall be jointly and .severally liable with the person intoxicated foi- the
injury done; and the person injured, or his legal representative, may
recover damages in an action against them jointly or against either one
separately.

7'i*i- Restricting Sale to Inebriates. Where it is made to appiar
in open court, sitting in the county in which he resides, that the person
summoned before such court b^' excessive drinking of li(juor misspends
or wastes his estate, or greatly injures his health, or endangers the peace
and happiness of his family, the police magistrate or justices holding such
court shall, by writing, under the hand of such police magistrate or of two
of the justices, forbid any licensed person to .sell to him any liquor for one
year; and such police magistrate or justices, or any other two justices of
the county in which the .said person resides, may, at the .same time, or anv
other time, in like manner forbid the selling of any .such liquor to the

160

MUNICIPAL LAW.

If,;

':fil

' ji I

said jK'ison l>y luiy lici-iised person of iiny other city, town or ■iistrict to
wliicli lie resorts or may be likely to resort for ]i(|Uor.

Any person so prohibited or notified, his servants or a<;ents. who
violates' this section is liable for the Hrst oHencc to a tine not excoedinj;
!?2(); and f(jr a second or any subHe(|uent oflenco, to a penalty of not less
than ^:J() nor more than !^50.

If any other person who knows that liipior has l)een prohibited" to
such ilrunkard, either j^ives, sells or procures for him any lii|Uor. they
shall, upon conviction, incur foi- every such oU'ence a tine not less than i^'2o
nor more than >'oO.

The person in respect i f whom such notice has been ijiven may have
it set aside by ap)ilyin<(. to the County Judj^e, but he nnist j^ive the polici;
niajfistrate or justices wIkj sijrned the jietitiijn seven chiys' notice of his
intention to ilo so, and also the County Crown Attormy. The Judj^e may
then, after hearing the case and beinj; satisfied that the wife or luisband
(if married) of such person consents thereto, either set aside the proliiliition
or dismiss the said application as seems to him best.

TiH- Relatives Prohibiting. The husband, v. ife, parent or child,
twenty-one years of ati,e ; brother, sister, niosier, frnardian or employer of
any person who has the habit of tlrinkiuf,' intoxicatinjj licpior to excess:
or the parent, brother or sister of the husband ur wife of such drinkini;
person ; or the guardian of any child of such driidvinjf i)erson : may ^dve
notice in writin<f (or may re(|uire the inspector to j;ive the notice). si<rned
by him or her, to any person licensed to .sell intoxicatinij li(|Uors !iot to
deliver intoxicating.^ lit|Uors to such inking person. If the person so
notified at any time within twelve months after such notice, either himself,
clerk or agent (otherwise than on a re(|uisition signed by a physician)
delivers or sutlers to be delivered from any place whatever where such
liiiuor is sold to the person having such habit, incurs, upon conviction, a
penalty not e.\ceeding :?50 : or the person giving such notice, or rei|uiring
the Inspector to give it. may, in an action as foi* personal wrcmg if brought
within six months theit-after, recover from the per.son notified a sum not
less than 5*20 nor more than .S500, as the court or jury awards.

A married woman ma\' liring such action in her own name without
any authority by her husband, and the damages n-covered by her shall go
to her separate estate. In ca,se of death of either phiintifl" or defendant
the action and right of actiim survive to the legal representatives.

If after the service of such notice, any other ])er,son with a knowledge
of such notice gives, sells or procures for or on behalf of such >lrinking
personally licpior incurs, upon conviction, for every such offence a penalty
not less than 825 nor more than !*50.

t^i. Money for Liquor Illegally Sold. Payment for li(iuor ille-
gally furnished cannot be collected, and if payment in any form whatever
has been made it may be recovered back from tlio receiver.

Every sale, transfer, conveyance or lien notes or .securities of any
kind, given on account of li(|Uors illegally furnished, are wholly null and
void, unless they have come into the hands of third parties without notice
for value.

t'i

MUNICIPAL LAW.

1(51

COLLECTOKS AND THKIK DUTIES

In cities and towns the Collector .sliiiU call at least once on the jhtsoii
taxed at iiis usual plaee of residence di' ])Ia('e of business, ami demand pay-
ment of the taxes payid)le l)y such person; or he siiall leave with sucii
person, or at his place of residence or phice of business, a written or
printed notice, specifyinjf the amount of tlie tax, and shall inunediateiy
after such demand or notice enter tlie date on the collection roll opposite
tlio name of such person.

in municipalities other thar cities an<l towns he must make the
p"i'sonal demand, unless empowc .-ed by by-law to serve the written or
printed notice.

7'i!i. Sale for Taxes. In ease a person neijlects to j)ay Ids taxes for
fourteen days after such demaml or bein<;' served with such notice, unless
there is a by-lay fen* payment of taxes by instalments, the Collector may,
by Idmself or his aj^ent levy the same, with co.sts, by distress:

1. [^pon t'le j^oods and chattels of the per.son actually as.sessed
wlu'rever found within the county. The goods of a tenant not assessed
are not lial'le. (See Section 730.)

'2. Cpon goods on tiie premi.ses, including his interest in .such goods
lie may pt)sse.ss under a contract for purchase, or is to become the
owner of after performance of certain conditions.

•]. Upon th" goods and chattels of the owner of the premises, whether
such owner is assessed for the premises or not.

4. Cpon any goods and chattels on the premises where title is claimed
in any of the following ways:

(a). By virtue of an execution against the owner or person assessed ; or,

{!}) liy piux'iiase, gift, transfer or assignment from the owner or
per.son assessed, whether al)solute or in trust, by mortgage or other-
wise ; or,

(c) By the wife, husband, daughter, son, daughter-in-law or son-in-
law of the owner or person a.ssessed, or by any relative of his who lives on
the premises as a member of the family : or,

((/) Where the goods Iial)le for the taxes have been exchanged
between two ])ersons, by the one borrowing or hiring from the other, for
the purposes of did'eatin-^ the claim or ilistress for taxes.

By this section it is clear that in case a bailiff has seized, uniler an
e.xecution, or diattel mortg.tge or landlord's warrant, goods liable for the
taxes, and which g^ioils a:-e still on the i)remise», the tax colh'ctor has
priority of claim, and will take the cnattels unless the taxes are ])aid or
guaranteed.

Ti'Ui- Exemptions, (a) Goods on the premi.ses belonging to third
parties, where the owner or person assessed is not in possession.

(/)) (ioods in the possession of the owner or person assessed for the
purpose of storing or warehousing the .same, or for selling on connnission,
or as agent, or as assignee.

((') Goods exempt by law from seizure under execution .shall not be
U

ill

162

.MINK'll'AL l-A\V

liable to .si'i/uie i'or tax, unless tlicy aiv tin- [»i()|terty of tla- pfison wlio is
actually assessed For the premises and whose name appears upon the Col-
lector's Roll for the year as liable theivfor. ('I'his clause saves )i tenant's
exemption from seizure for the lamlloril's taxes.)

The person elaimine; any of the afoi'esaiil exemptions shall select and
point out the ;;oods and chattels to which he claims exem])tion.

I'il. Levying Under Warrant. If a collector has <;ood reason to
l)elieve that a person liable foi- taxes is about to remove such j^oods as are
liable for distress for tiie same out of the mnuiciiiality before the time has
expired, he may. after makini;' arfidavit to that eHect before' the mayor or
reeve, or a justice of the peace, obtain a wari'aut to lo\y on such floods at
once for the taxes and costs. The costs would be the sanm as allowed to a
bailiti'of the J )i vision Court.

No chari,fe siiall be maile in connection with such ili.stresH unless such
thini,' has actually been done, without such person renderinj; him.self
liable to tiie regular penalties provided by statute for excessive an<l illegal
sei/ui'e.

ViH. As to Non-Residents. A non-resident who.se name appears
on the roll, the Colleetoi- shall ti'ansmit.by post, to him at the address jrivcn
a statement and demand for the taxes charged a;^ainKt him. and enter i\w
date of transmi.ssion on his roll opposite the name.

One month after the delivery of the roll to the Collector, ami fourteen
day.s after the demand was transmitted l)y po.st, the ('ollector may make
disti'ess of any i^oods and chattels which he may find upon the preniises,
in the same manner ami subject to same limitations as previously stated
for resident taxpayers.

■J'iO. Sale for Taxes. The Collector shall post up in at legist three
public places in the township, vilhiije oi' ward where the sale of the j^oods
is to be inaile, \f\\{' at least six days' pui)lic notice of the time and |)lace of
sale, and name of person who.se property is to l)e sold. At the time named
in the notice the Collector, or his ayent, shall sell liy public auction the goods
and ehattels, or so much of them as may be necessary.

The surjilus. if miclaimed by any other person (ju the grouufl of the
|»roperty soM belonging to him, or entitle(l by lien or otherwi.se to the
surplus, shidi Ite r<'tin'ned to the person in w hose ])osses.^ion the property
was when the disti-ess was niadiv

If the right to the surplus is contested, the Collector shall pay it over
to the treasurer, who will hold the same until the respective rights of the
persons are legally determined.

If taxes cannot be recovereil as proviilecl by this Act. they may be
recovered, with interest and costs, as a ilebt due the nnniiei|iality.

1IM>. Tenant and Taxes. Where taxes ;ire due upon jpremi.ses occu-
pied by a tenant who is not liable to j>ay the s.ime, the Collector may
give such tenant notice, in writing, recpiiring him to pny such collector
the; rent as it becomes due until the fimomit of taxes and costs are
j)aid. The Colli'ctor has .same authority as tlu' landlord to collect such
rent, bv distress or otherwise.

MUNICIPAL LAW.

103

"ilit- Return of Roll. In towns, villajros and townships the Col-
lector slial I retnrn his roll to the tivasuri-r, on or before the 14th day of
D(!cenil)er in each year, or on such otlu-r day in the ne.^t year, not later
than the Ist day of February, as tlie Council may appoint, and ))ay over
to the treasurer the amounts for all the rates accordinj; to ins roll, aiid
make oath that the dates jfiven therein when demands ami notices were
made are truly stated.

The Collector of every town and villa;;!' shall pay over to the tn^asurer
once every w<!ek the amounts ('(jllectiMl, 'intil the linal return of the roll.

And the t'.)llector of every township shall pay over to the treasurer
every two weeks until the linal return of the roll.

In case the Collector fails to collect any [)ortion of the taxes by the
<lay appointe(' for the return of the rijll the Council, by resolution, may
authorize the collector or some other person to continue the collection of
ta.xe.w.

The councils of cities may, by by-law, Hx the time for the return of
tlu^ roll, and make any enlai-^ements of the same deemed advisable.

7lVi. Unpaid Taxes. The Collector is reijuired to ^dve an account
to the treasurer of all taxes, if any, that he has been unable to collect, and
to (^nter upon the roll oppo.site such names the rea.son why he could not col-
lect the same, as " A'an-imldrnt," or " Xot sufficicid irropi'vt)! to diMrain"
or " Jnstnicted b// Council not to cotO'ct," as the case may be. Collector shall
also furni.sh the Clerk with a duplicate of such account, who shall mail a
notice to each ])er.son on the roll with respect to who.se land any taxes
appi;ar to lie in ari'tvir for that year.

Unpaid taxt-s are a lien upon the land, and have preference over all
other claims oi' encinnbrances exce])t the Crown, and need not be
registered to preserve the lien.

In cities, tin- Tri-asurer shall ^'ive such notice instead '.)'" the Clerk, as
for other nnniicipalities.

^llll. Three Years in Arrears. I. The trt>asurer of every county
shall furnisli tiie Clerk of each nnuiicipality (except cities and towns) in
the county and the treasurer of every city ami town shall furnish to the
Clerk of his municipality a list of all the lands for which the taxes have
been in arrears for the three years precediuj; the Ist day of January in
any year. Such list shall l»e furnished on or l)efore the 1st day of Fi'bru-
ai y in each yeai'.

2. The local Clerk is riM|uired to keep such list on HUmu his oHico,
open for insjiection. and delivei- a copy thereof to the assessor in each year
as soon as the assessor is appointed.

'•]. The assessor is reipiired to aseert;iin if any of the parcels of land
cciiilained in such list ;ire oecujjied, dv are incorrectly described, and to
not ii'y such occr.pants, and also the owners, if known, that the land is liable
to i)e sold for arrears of taxes, and to enter in the cohnnns for such purpose
the words " ()<ri'i>ird iiml jiiii'lifs notilifd," oi- ''Xot orrnpii'il," or " liicor-
■ncfli/ th'xi-rihi'tl," as the ca.st^ may be, and si;;iie 1 by the as.sessor and
returne(l to the Clerk with the Assessmi'ut Holl, and a memorandum of

iii'

•;!:l

lot

MUNICIPAL LAW

any errors tlwit nwiy lie iliscovorod. TIil- Clerk slmll tile tlic .same in Iiis
ottico, and i'ortliwitli furnish the county treasurei' a true C()])y of the same
certified by him and under the e()ri)()r;ite seal. He shjili idso furnish such
treasurer witli a list of such parcels of land as iia\e hecome occupit'd. or
incorrectly doscribeil.

4. The Clerk of each municipality, in making,' out the (\jlU'ctor's lioll
of the year, shall adil such arrears of tuxes as an- icturiied t)y the county
and city or town treasure!', respectively, to the taxes assessed against such
occupied lauds, and such arrears collected the same as the taxes >ipon the
roll for the current year.

If there is not siitHcieiit di.stress n\nn\ any of the occu])ied lamls to
.satisfy the total amount of taxes for arrears and for current year, the
Collector .shall .so return it in his roll to the treasurer of the municipality,
showing the amount collecte(l and the amount remaining unpaid.

5. The treasurer of every township and village shall, within fourteen
day.s after the time appointed for the return and Hnal .settlement of the
Collector's Roll, an<l before the Mth day of April in every year, furnish the
county trea.surer with a statement of ail unpaid taxes and school rates to
be collected.

(). In case it is found by the .statement mentioned in ])receding clause,
that the arrears of taxes upon the occvi])ied lands of non-residents ren)ain
in arrears, such lands shall be iucludeil in the next ensuing list of lands to
be .sold bv the County Treasurer, and need not be again placed on the
Collector's Roll.

7. The penalty for cli'rks, a.ssessoi's, treasni'er.s, (.:■ other otlicers, neglect-
ing to perform such duties as here reijuired of them, is a Hue of from
8100 to S200, an<l imprisonment until the tine is paiil; or both, tim- and
imprisonment.

1184. Who to Receive Taxes. After the return of the roll to the
treasurer of a township or village and l)efoi'e the statement of unpaid
taxes has been .sent to the County Treasiner, arrears of taxes may be paiil
to the Local Trea.surer, lait after that time payments may be luade to the
County Treasurer.

■JJJS. Interest on Arrears. 1. if, at the balance to be made on
the 1st day of ^Fay in every year, there are arrears dui; on land, the
Treasiu'er shall a<ld ten percent./)^'*' iiniinin to the whole amount then <lue.

In municipalities where, by by-law, taxes are |iayabii' by instalments
an<l iive per cent, added in ih-fault of such payments, then oidy five ])er
cent, shall lie adiled at 1st of May insteail of ten [k'V cent, or such ])er cent,
as will make the total not less than ten per cent., if less than five were
previously added.

2. In cities having l()(),()00 or more inh.ibitants at the balance to be
made on the l.st day of May, the Treasurer shall add to the whole amount
of ai'rears due on lands the l(>gal rate of interest ; and in I'veiy nuniicipality
where, by bydaw, taxes are payable by instalments and a percentage has
been added t)}' rea.son of default in i)aynient of such instalments, the
Treasurer shall add to the balance remaining unpaid u])on the l.st ilay of
May the legal rate of interest, less whatever has alieatly lieen added by
reason of default.

in Ills
ic saiiu-
li such
)it'il, (ir

Ml'NlCTPAL LAW.

If).-)

TIMJ. Lands Sold for Taxes. 1. Where a portion of the tax upon
iiny livml 1ms hceii (hie for three years or longer, tlie Treasurer shall, unless
otherwise i.liri'ete<l hy hy-law of the Couiit\' Council, suhniit to the wanlen
a list in (hijjlicate of all the lands liable to he sold for taxes. The wai'deii
shall atiix his sij^nature an<l tlie .seal of the corporation to each of such
lists, deposit the one with the Count}' Clerk and return the other to the
treasurer, with a warrant annexeil under the hand of the warden and the
corporate seal, coniinauding the treasurer to levy upon such lands for the
ai'rears an<l co.sts.

2. Till' Council of a county, city or town .shall, by by-law |ias,sed for
lliat purpose, h.ive jiower from time to time to extend beyond three yi-ars
tilt' time for the enforced coUectiim by sale of land.s.

'•]. 'I'he County Treasurer shall prepare a copy of the list, and shall
include therein, in a se|)arate C(jlumii, a statement of the jirojiortion of
co.sts ehar^xealile on each lot for advertisinjr and for the commissions to be
\)ti\d to him disti(iguishin<f the lands jiatented, unpatented, or under lease
or license from the Crown, and publish the same weeklj' for thirteen
weeks in some newspaper piildished within the county, yivint^ the day and
])lace of the .sale, which time shall be more than ninety-one days after the
Hist publication of the list. A notice of the sale inu.st al.so be posted up
in a iniblic placi' at the Court-house at least three weeks before the time
(if sale.

In cities, instead of advertisinjf a;, Iicre .stated, the Treasure)' may
have the advertisement ])ubli,shed in the (hitarin (iaz"tte, as hei'eui pro-
vided, and then in two new.s])apers published in such city announcinif that
such lists of lands bjr sale liaAc been jirejiared, and may be seen at his
oflice, and that such list is beiiii;' publi.shed in the Ontario Guzi-.ttc, giving
the dates of such jiulilication, and that in default of payment of .such taxes
on or before the date fixed for the lands so entered in the list will be sold.

If no bidders appear the Ti'easiirer may adjourn the .sale.

If a sale cannot be eti'ected for the full amount of the taxes, the
Treasurer shall adjourn the sale for not less than one week nor more than
three months, and then after the proper advertisements, unless otherwise
directed b}- the Council, he shall sell the lands for any sum he can realize,
and accejit such sum as full payment for such arre.-irsof taxes. The owner
of such land cannot, however, redeem the .same except upon payment in
full of the taxes and the ex])enses,

4. The municipality mny, if the price ottered at such adjourned sale is
less than the arrears, purchase such jiarcels of land, and if the nuniici-
])jility before the day of such adjourned .sale has given notice, in writing,
of its intf.'ntion so to do. Lands thus ])urcliased by the municipality are
to be sold within three years. The original owner cannot redeem without
piiyment in full of all the arrears and exjienses.

'}. The treasurers of the townships of York, Scarborough and Ktobicoke
shall not sell for taxes a purtion of any vacant lot laid out according to
any registered })laii, the frontage of which does not exceed 50 feet, but the
v:h(dp lot shall be sold for the best price that can be obtained at the sale.

(J. No sale for taxes .shall be made of unpatented land in the free
grant districts where the taxes in arrears are less than SIO, nor where no
hoini fiilc improvemv»nts have been made.

;

166

MUNICIPAL LAW.

;'IH|

H'^M

•"§ii

I'll

7. It' the purcliasiT l"ail.s to pay inniuMliately to tlie Tivamirer the
amoujit of tlic jiurchasc inoiicy, tlio ticasinor .shall forthwith ajjain put
up the property for sak'.

8. The Treasurer shall <,five to each purcha.sorof such laud a certitieato
untler his liaud de.scribiuf.' the laud, and .statinir that a deed of couvcyauce,
acct)rdiu<j to the uature of the interest .sold, will be executed by the
treasurer and warden, on demand, at and any time after the exi)iration of
one year from the date of sucli ci'rtiticate, if tlie laid is not previously
redeemeil.

The purchaser is not liabl'j for any dania^' done, without his know-
ledge, to the ju'operty (hn-ing the time the certificate is in force.

From the time of tender to the treasurer of the full amount of
redem])tion money reipiired by statute the purchaser cea.ses to luive any
right in the land.

!). The owner may, within one yeai', redeem the cstrte sold by paying
purcha.se money and ten per cent, thereon.

If not redeemed within one year, exclusive of tlie day of .sale, the
purcliaser may, u])on demand and payment of .SI, obtain from the
treasurer a deed for the property.

Such dee(l must be registered within eighteen months after the .sale,
otlierwi.se such purcha.ser slmll be fleemed to have lost his priority against
a purchaser in good i'aith who has registered his deed prior to the deed
received from the warden and treasurer.

Such deed shall be valid and bimling if not ipiestioned before some
court of competent jurisdiction within two years from the time of .sale.

7li7- Defective Deed- If the conveyance for land sold for airears of
ta.xes is found to be invalid because of inc(aTect or insutHcieiit ilescription
of the laufls a.sse.s.sed, or .sold, and the title of the ta.x ]>urchaser is not
valid, and the tax purchaser has enteied upon the land, ami has
improved the .same, and he is liable under an action to be ejected,
the judge shall a.s.se.ss, or <lirect the jury to a.s.sess, damages to the
defendant for the amount of the purcha.se money ami intei-est thereon,
together with the loss sustained by any improvements made before tlie
commencement of the action, less the value of any timber that ma}' have
been sohl oH'tlie lands and other just allowances.

If tlu! judgment is in favor of the plaintiff no writ of pos.session shall
issue until after the expirati(jn of one month, and vuitil the jilaintifl" has
paid into court the amount of such damages.

In any case in which the title of tlie tax purcliaser is not valio, or in
which no other remedy is pro\ ided in this Act, the tax ]iurclia.ser has a
lien on the lands for the purchase money paid at such sale ami interest
thereon at the rate of ten per cent per annum, and for the amtnint of taxes
paid by him since such .sale and interest thereon at the aforesaiil rate, to
be enforced again.st the lands in such jaojiortions as regards the various
owners ami in such manner as the High Court thinks proper.

IIW. Arrears of Taxes in Cities and Towns. In cities and towns
the arrears of taxes shall be collected and managed in the same way
as jirovided in case of other municipalities, and for such purposes the

MUNICIPAL LAW

ir,7

er the
in put

municipal oHiccrs of cities and towns shall perform the same duties as the
like officers in other munioipalities : uud the treasurer ami mayor of cities
an<l towns shall, for sueli purposes, j)erform like duties as hereinbefore in
case of other municipal'ties imposed on the county treasurer and warden,
i-espcctively.

<iiow-

uiit of
■ e any

POLICE VILLAGES.

On the petition of any of the inhahitants of an unincorporated
villai,'e, the CV)unty Council may, by hy-law, erect such viilaj;e into ajtoliee
\ illajfo, an<l assit^n thereto such limits as may seem expedient, name the
place for holding tlii; first election of tru.stees and the Returninij OtHcer.

1;M>. Trustees. Kvery iioliee villa<,fe shall have three trustees. 'I'ho
(lualificntions for a trustee are: Residence within the villa;;;e or within
two miles thereof, and havinj,' the same property (jualiHcatioiis as are
rerjuired for township councillors. If there are not si.x ])ersons so (jualitied,
then any elector entitled to vote at tlii' election may be electetl.

The (lualitteation for a voter is the .same as for a township election.

140. Nomination and Election. After the first election the trustees,
or any two of them, shall from time to time appoint, in writing, the
RetvuMiin^ OfKcer and the ]ilacc for holdin<;' the nominations and elections.

No election shall be held in a tavern or anj' |)lace licensed to sell
spirituous li(jUor.s.

Nomination meeting shall lie held at noon on the last Monday in
])eeeiid)er annually, exci'pt when in ca.se Monday falls on riiri.stmas, then
it shall lie on tlie ])revious Friday.

The jxilice tru.stees are to give at least six day.s' notice of such nomi-
nation meeting. The Retm'ning ( )lHcer shall preside, or, if ab.sent, a chair-
man may lie chosen l)y tlw electors.

if only three candidatt^s are j)ro]Mised and seconded, the Returning
Officer, or ehairniiin. aflei' the la[).so of one hour, shall declare such candi-
dates duly elected.

If more than three are duly nominated, then the Heturning Officer, or
chairman, shall adjourn the jiroceedings until the th'.st .Mnuday in Jainiary,
when a [)oll shall be openeil at nine o'clock a.m. an<l continue open until
five p.m.

The acting Returning Officer shall, on the day foHowing the nomina-
tions, post u]) in the office of the townshij) clerk, if situateil within tin-
]K)lice village, and if not, then in some other public place in the village,
the names of th(! persons nominated, and if a ]ioll is nece.s.sary, deman<l, in
writing, from the Clerk of the Township a list of those who are entitled
to vote.

The Clerk of the Township shall, not later than the day precetling the
opening of the poll, deliver to the Returning Officer such list of (|ualifie(l
voters fluly authenticated.

The various sections of the Municipal Act relating to township
councillors, inchiding nominations ami elections, (piestions to l)e put to

168

MUNICIPAL I.AW,

tJ.'

votiTH, oiitlis to lio ailiiiiiiistoroil, etc., sliall fipply to police villajfc trustut's,
t'xci'pt wlicif otherwise specially jnovided.

The Returiiiii|f < )tHcer, wlietlier otherwise <|ualiHeil or not, has a
castiiif^ vote, ami has the same powers for preserving the peace as are j^iven
to returniiijf otticers or ileputies at iiiuniei])al elections.

The llettirnin;,' Officer shall, on the day al'ter the election, return the
hallot papers, voters' lists, and all other documents relatinj^ to the election
to the Township Clerk, or in case the village lies in more than one town-
ship, then to the Clerk of the County, verified under oatli before such clerk
or a justice of the peace.

'341, In the Case of Vacancy the remaining tru.stees shall, by wiiting,
appoint a trustee to fill the vacancy, and file the writing with the afore-
said clerk.

74'S. Inspecting Trustee. The trustees, or an}' two of them, shall
ap]point, l)y writing, one of their number to be an inspecting trustee, and
the writing shall be filed with one or the other of the aforesaid clerks, as
the case may be.

74lt. The Oath of Office and (pialification nuist be taken within
the time and in the manner prescriljcd for township councillors, and are
under like penalties in case of default. They hold office until their
succes-sors are elected, sworn into office, and hold theii' first meeting.

144. The First Meeting
in January after the election.

<hall be belli at noon on the third Monday

145. Providing for Expenditure. The tru.stees may, befoiv the
first flay of .Inue, reipiire the Township Council to levy a rate in the
village to cover necessary expenditure for that year, liut such rate not to
e.\.ceeil one cent in the dollar of the a.sscssed value of the property liable
t') assessment, and such rate .shall be in lieu of the township rate levied
for similar purposes.

14<». Duties and Powers of Trustees. The trustees may pass
by-laws for building sidewalks and culverts, making drains, re|)airing
streets, etc. If the village is in more than one township then a propor-
tionate share be provi<led for by each.

The Township Treasnri'r, if he has in hands not otherwisi' appro-
priated, shall pay over to the order of the inspecting trustee or any two
tiiistees to the extent of moneys levied for village purposes, although the
s.ime may not then have bi-en collected.

Such orders must only be given in payment for work or contracts
actually iiei-formed.

141. Fire and Light By-Laws. A police village desiring to
purchase fire engines, or ])rovide for Wi'ter. light or heat for use of the
inhabitants, the Township Council shall, upon application by the village
trustees, .submit a l)y-law to the ratepayers entitled to vote on money by-
laws, for the issue of debentures for a period not exciu-ding ten years, and
for levying a special rate for the paynient thereof. The assent of the rate-

MUNICIPAL LAW

ig;»

payers boiiii; ol)taiiicil, it .slniU he tlic duty of tlit- ('(juiicil to raise . such
Muiii. The ilehciitures issued to he in cont'onuity witli Section ;J8(i, Chan.
22M, R. S. ( )., I .S!)7.

The money tlius raised ivniains in the liands of tlie Township
'I'reasurer, to he paid upon the onhTs of tlie viUairc trustees.

■34s. For Public Parks, e.\hil)itioii <,a-ounds, etc., it reipiires a
petition t(j tlie Township Council, si;,'ned liy three-foiirtlis of tlie rate-
payers entitled to vote on money by-la\v.s. The dcheiitures issued niu.st be
payable within ten years, 'i'he assent of the electors not necessary to the
validity of the liy-law.

14!>. General Regulations to lie enforced liy police trustees and
the penalties attached for violation of .same are as follows:

].,a(lders for houses mor<! than one storey liii;h : penalty for omission,
!?], and !i*"2 for each week the omi.ssion continues.

Two tire buckets; ])enalty 8 1 for each bucket <lcHeient.

Chimneys for furnaces and ovens must be three feet hi;;her than the
hou.se in which they are built: penalty ^2.

Stovepipes t') be four inches from any wooil work ; ten inches b(.'tween
a stove and wood work ; penalty ^2.

Prohibiting;' any lighted candli.' or lamp, unless properly ]n'otected ; or
li;,dit('d pipe or ci^iir bcin^' taken into any mill, barn or outhou.se : or to
Jiax'e a lire in such Wdodm buildiii<>', unless i)roi)erl\' sei'iired : or carrx'intr

/^ ' lit » r^

fire through any street or other pul'lic ])laee, unless properly contined :
litrhtin^' tires in any street or other ])ublic place: penalty SI in each case.

I'laciiin' hay, straw or other fodder in a dwelliiij;-house : penalty for
lii*>t oH'eiice SI, and S.') for every wei'k such fodder remains tliei'e.

Kt'e|iinL;' ashes or einders in a wooden box or vessel, not lined with
ini't.il; p-nalty SI ; pkiciiiif luislaeked lime where it comes in contact with
the wo ) 1 of .iny i)uildiiu;': penalty SI, and S2 a day until the lime has
been removed or secured s) as to satisfy the inspi-elor there is no daiij^'er.

Krectin^' a furnace for makin;,' charcoal : |)enalty S').

Iveepinn' j^unpowdi'r for side, unless in bo.xes of copper, tin or lead;
pen.ilty for first utfcne ', So, an<l SIO for every subse(|uent oH'enee.

Sellin;.;- ;^un|iowder at niy;ht: |ienalty SIO for tirst offence, and S20 for
each subsei|Uent otieiiee.

Throwin;,' filtli or rubbish in a street, lane or public place: jienalty SI,
and S2 for every week he iie;^lects to remove thr sane' after beinjf notified
]>y the inspecting- trustee or other person authorized l>y him.

The inspectiiiff trustee, or in his absence or if he is the person coni-
])laiiied a;.;ainst, one of the other ti'ustees, shall sue for the penalties inider
these rej;ulatiuns.

Prosecutions must ))e entered within ten days after the ofi'eiice lias

1 n committeil, or ceased : and case tried by a justice of the peace, and

tines to be paid over to the jiathmaster and used in I'epair of the streets as
the trustees shall direct.

Police trustees who wilfully ne<;leet to jirosecnte an ofiender at the
riijuest of a resideiit householder who offers to adduce proof, or who
wilfully neyjlect any other duty enforced uiuler the Act, are liable to a
penalty of S5.

!i.

4 ■

170

MINKIPAL LAW

PARLlAMKNTAItV \iV\jKH OF ORDER
AM) DKHATi:.

Tlici'c lias i^rowii up eoiiti'inpDiMiunm.sly witli IJritisli coUHtitiitiouiil
goveriiiiioiit Jiiid t'l'ocfloin of Hpi'uc!li, a piirliauii'iitaiy law — ,i co ic of rules
ami usaiTcs — ^fovei'uiui'' tlit- la'oeci'diiitrs of all (It'iil)L'i'ativt', li'"'i.slati\i', ami
public ho:li('H iu tin; iviiliu, which has Ihmmi adoptcil with sli<,'ht UKtiHHca-
tion hy all tlu; iMii^lish-speakinii' uatious.

The t'(jll(>wiiin' suiiuiiiiiy of tiiis connuou la \\ of I'ai'lianient as
inoilificd, ailapto(|, and cstahHslu'd by usa;f>' iu the Domiuiou of Canada,
will serve for all our deliberative assemblies and lejrislative bodies,
fraternal associations, lod;^(!s, conventions, and political lufctiuf^s which
liave no constitutional or statutory provision made for their guidance in
the discussion of ([uestions and conduct of their business.

■JiiO. Meaning of Terms. Mi'rlinn means the interval of time
between the us.sendtlin;; ami closing Ity ailjournmrnt f(U' the time or day.
Session or Sifti n;/ means the duration of the meetings from day to day or
week to week, as the case may be, until the proceedings come to a close
by prorogation or otherwise.

151. The Presiding Officer. Every assend)ly or body of men
organized for the di.scu.ssion of any cpie.stion or tran.saction of any business
mii.st have a presiding otficer. Such officer may be called the Siwtikcr, or
J'residftiif, or Mmleriitor, or C'liiiirtini n, etc., but the functions of the ottice
are much the same in every case.

In the respective municipal councils the presiding oHicer is called
Mayor, Wardni or licct-e.

Jn the various fraternal and benevolent associations special and dis-
tinctive names are usually given the ])residing olhcer as well as other
otticial.s.

The ])i'esiding otHcei' is figni'atively denoniiufitetl the Chan:

In addi'essing tlujse officers it is in good form to call them liy their
.special title — as, Mr. Speaker, Mr. Presi<lent, Mr. Chairman, Mr. Moder-
ator, etc.

In most cases provision is made to have one or more vice-presidents,
or a deputy speaker, etc., to take the place of the presiding officer dining
his ab.sence.

liVi. Duties of President are chiefly :

To prom])tly open the meeting oi' session by taking tlie cliair at the
appointed time, or when a quorinn i.s present, as the case may be, aucl call
the mendjers to order.

To maintain order and decorum in tlio as.s(!mbly.

To follow the rules of order rigidly in the conduct of the proceedings,
e.xce))t where legally changed.

To rect'ive and submit to the member.sall proper motions and propo-i-
tions presented by the member.s.

To read all moticais before .submitting them to the member.s for
discussion or vote.

Ml'NICIl'AL LAW.

171

To i)ut to voto all (|iie.stioiis Avliicli iire n';,'uliirly moved, or noccssurily
ariHo in tin; course of tliu procccilin^fs, and to annovnice the result.

To restrain niendjers witliin tlie rules of order when enj^ajred in deltate.

To submit all proper motions or resolutions to the final decision of
the meetiiif;' either liy their voices, hy show of hands, or poll, or hy a
formal reeordinji' of the yeas and nays, as may he rtMniired.

To decide all (|Uestions of order and procedure referred to the chair,
hut subject to an appeal to the house.

'I'o .state the ruk; or authority applieal'l' 'o the case when ex])lainin};
a point of order or practice.

To acquaint the meetinjr befoi'e putting any motion offered what,
in his opinion, is contrary t(j the rules or in any way irregular, and to
(juott! the authority ap])lieable to the case.

To interrupt a speaker who uses lanj^uage clearly out of order or
unparliamentary.

To adjourn the meetin<f when the business for which it was convened
is concluded, or a motion for adjournment is carried.

The ])residini^ officer nuist not take part in any debate before the
house.

If he wishes to speak to a (piestiou a deputy nuist take the chair.

The presidinjr officer has a ca.stiny- vote when the assembly is ecpially
divided, except in cases where he is restrained.

77*11. Election of Speaker, President or Chairman. In I'arliament
a nieml)er rises in his place and, addre.ssinjj; himself to the Clerk, says, " I
move that.!, li. do now take the chair of this House as Speaker." The
motion beinjr .seconded and no other motion beinj,' made, the (juestion
wouhl be put by the Clerk. The motion may i)e del)ateil.

if more than one miMuber should be proposed and .seconded each
motion would lie in the same words as the first. The tlifi'erent motions are
put by the ('lerk in tlu; onler they are made, that the member fir.st pro-
posed " do take the chair of this House as Speaker." If the (|Ucstion .should
be resolved in the ne<;'ative then the member next )irop(j.sed would be put
by the Clerk to the House, and so con.secutively until an election is secured.

When the (piestion is resolved in the affirmative, tlu; Speaker-elect is
conducted to the chair by the members who proposed ami seconded the
motion for his election, where he acknowledges the h<inor the House has
conferrefl U))on him. In all other ca.ses, exce])t for the Speaker of the
House, the amendments woidd l)e voted on first. As this is the parlia-
mentary usaL'"" in both England and Canada, it is decidedly advisable that
all other bodies, a.ssociations, an<l assend)lies in Canada .sliould adopt the
same practice.

The same jiroce<lure is followed for the election of a pi'esi<lent, or
chairman, or moderator, etc. A candidate may vote for himself, but it is
unusual to do so.

Mayors and reeves are elected by the respective municipalities, and
wardens elected by the County Council.

IM- Election of Warden. As has been .stated in sections 127, 181
and 132, the County Clerk shall preside at the first meetiiifj of the new

17-'

.MINICIPAL LAW.

Council for or^'iiuization mul rlcctioii of wanlrii. Tii liis (ihscucf tlu>
int'inlH'i'H of tlu' ("ouiicil iiiiiy cleft one ol' tlicir own ninnljcf to preside

After rciulin;,' iiml fiiin;; the certiticiituM of election, anrl the ileelara-
tionsof oHice iiinl i|naIilication have Itcen taken by the ineniliers and a
majority i,(|noi'inn) of the whole ("onnctil hein^ pi'esenl, the Clerk or otlier
jiresidinj^ oHicer will call for nominations for warden in accordance with
the provisions of any hydaw of tiie Council for such election.

One methofi is for the Clerk to <fi\e the i-e(|uired lenyth of time, say
fifteen minutes, lor such nomination, an<l at the expiration of such time to
dislriliute slips of pa|)er amone' the mcud'rrs on which to write the namt!
of the nominee for whom they vole. 'I'hc hallot papers liein;^ collected the
Clerk, with the assistance of tw<i mendiei's who are not nominees whom he
shall choose, shall proci'cd to count the \otes. in case of the reijuisite
majority for any candidate he is declared dill}' elected : if there has not
lieen a clear majority of the ncndicrs |)resent for any one candidate, then
the name of the crandidate receiv iue' the lowest nuMd)cr of votes is dropped
ami another Imllot taken, and so on until an electi(jn is secured. In case
no (jne of the nominees receives the re(|uisite majority, new nominations
may he taken ami proceeded with as lud'ore.

The ])referable method is. and, in the absence of any lule or regulation
of the Council, the election will be l>y open vote by jji'iix and ittiifx.

The usual form for such nonunation is: "I move that Mr. A. li. be
warden for the ])resent year."' If this motion is secondeil and receives the
votes of a majority of the mend)ers present the candidate is declared <luly
elected. If the first candidate fails to secure the majority vote, the motion
for the ne.xt nomintic will be put to the Council, ami so on until an election
is .secure<l.

In case of an etiuality of votes (a tie) see Section 1.S2.

la.l. Organization, and Election of Chairman. In ]iolitical, reli-
gious, or other conventions or public meetin^^s, the or;fanizati(jn and electi(jn
of a chairman or |)resident are very .similar in each case. The usual
cour.se, where no ])revious avrau^^ement or organization has provided a
chairman, is, for some one interested in the purpose of the meetin<; and
possil)ly responsible for its beinj^ called, to call the asseudtly to order and
ask for the nonunation of a chairman, or for himself to move, " That
Mr. ..4. li. do take the c' air." This motion beinj,' .si.'conded, it is put to the
nieetinji' in the u.sual way. Incase another person .slxaild be nominated,
the motions are jmt in the order in which they are made. The usual
method of \otin;;' is by raisin^j the hand, or, in assemltlies where cveiy
person is seated, it is a common method to ask mendKU's to rise in theii-
])laces, and in either case the temi)orary chairman or .secretary or tellers
will count the votes for and against the motion.

When a chairman is elected he takes the chair and ])i'oceed.s in the
same manner to complete the orj^anization of the assembly by the election
of a permanent secretary ami other (jtlicers deeme<l neces.sary.

An orj^anization thus eti'ected is frc(|Uently sutKcient for all the pur-
poses of the nieetin;^; but if, for any rea.son, it is desired to have a <freater
luunber of otKcers, or to Imve them selecteil with more deliberation, it is
the ordinary practice to organize temporarily in the manner previously

.Mr.SlCII'AI, I.ANV.

icc tl

iiK'titioiicil, witli 11 cliiiii'iniiii n\\i\ sciM'i'tiiiy ii|)|Miiiiti'(| jim Irmiion . aiiil
tlii'ii tl) ri'l'rr tlif siiljjcct ol' 11 pi'i'iimiifnt oinuni/.ntinii mnl tli(.> Hflcclinii of
(•iiii(liiliitt,'s lor till' I't-'spcetivi- oHiccs to a I'oiiunilli'c, iijion wIkwo rcpoi't tin'
iiici'tiiij,' then profiH'ds to iii';;fuii/c itscIT coiil'oriiiiilily tluTcto, or in >ncli
utlici' iimiiiicr as it tliiiiks pro|M'r,

111 tilt' cvi'iit ol' iiicinlicrs to tilt' com t'litiou Ih'Iii;;' ilt'lf;^att.'s olei'tfil as
ill cast' ol" political coiivfiitioiis, hy tin- various diMtrirls, or in case ol' tdlu'r
conventions, liy various lt)ilj;t's or unions, fucli ilt'lfj^'ulc slioiilil lia\f his
certiliciitf of fleet ittii iluly si;,;iietl tt) ;;t) hefore the ( 'oininitlee tin Creileii-
tiiils to entitle liiin to a voice in the proceeiliiijfs t)f the convention. The
iiltcntaliH or snhslifiitrs electeil to atteiitl sliouM alst) have their cretleiitials
in proper form for jireseiitatioii.

In all (lelilierative asseiiililies, the iiieiiilteis of which are cluiseii or
uppointetl to roproHent others, it is necessary, hol'urc proceeding;; to laisincss,
to ascertain who are iluly electeil antl returned us nieiiiljers, in order not
only that no person may he admitted to participate in the proceediii<,'s who
is not ret^ularly authori/.etl to tlo so, but also that a list t»f the iiieiiihers
may he mailc for the use of the assemhly and its otticers.

The proper time for this iiivestii,'atioii is after the temporary iiiiil
before the piu'iiiaiu'iit organization ; or, when the assembly is permanently
or^^jani/.eil, in the first instance, before it jiroceetls to the transaction of any
other business ; and the most convenient iiiotle of coinluctin;,' it is by the
appointment of a ctniimittee tt) receisf ami ropt)rt upt)ii the cretlentials t)f
the meiiibers. The same ctimmittee may also be ehar^ietl with the investi-
jfatitm of rival claims, where any such are preseiitetl.

When a t|Ut.'stioii arises, involving;' the ri^dit tjf a iiieiiiber to his scat.
such menibcr is entitled to be lieanl tai the ((Uestion, aiitl he is then to
withtlraw from the assembly until it is ticcidetl ; but if, by the inilul<;iiicc
t)f the as.wembly, ho remains in his ])lace tluriii;^ the tli.scussion, he ou^ht
neither to take any further part in it, iitir to vote when th'' t|Uestit)ii is
propo.setl.

Tlu! foliowinif form of motion in appointinij the committee wt)uM be
sutiicient :

I iiiove "Thatfnamo three t)r live members) be appointoil a .select
committee to examine ami report, as st)on as possible, on the cretlentials t)f
delt'ifates to this ctjiiventioii." Such mt)tioii is tlebatable, ami may b.'
amentletl by atltliiiij; thereto or substitutintf other names.

When this committee has been cht)seii. it shtiuhl ])it)ceetl at once tt) the
tlischart^e t)f its thities. Durin;^' the interval, while it is cxiiminini; the
cretlentials t)f tlt'lenjates, the assembly may be atljoiinietl for a iletinite
time, or at the call of the chair, t)r the time may lie occuiiietl by the Chair-
man's aililress, ^vhich woultl likely be a review of the (|Uestions of the <liiy,
if a political ctinveiitioii: or i)\' tlu^ tiuostioiis atreetinji the meeting', if somf
other ct)iivciition.

After the report of the committee has been dis])oseil of ami thi^ meeting;
properly constitutetl. if it is a political et)ii\i'iitit)ii, the chairman will call
for the nt)mination of a camlitlate. When a cantliilate has been iit)iiiiiititeil
antl secomlotl the chairman will propose the motion, and at the .same time
ask if there are further nominations. If thei'e are no other names proposeil,

^Fi

174

MTNICirAL LAW

'it
h

b .

the chttiniiaii will at once tako the sense of the convention in the usual
way, and if tile 'yeas" are ^iven unanimously he will declare the candi-
date the unanimous clKjice of the convention. Conj^ratulations to the
candidate are then in order, the candidate's acceptance and, if he is so dis-
I)Osed, an addu'ss on the issues liefore the electors.

If more than one candidate is nominated, the chairman will jiropose
each motion in the re<fular way and when all are nominated the nuMuhers
may discuss the claims of each. It is usual to limit the time for each
speech jind also to determine in what way the vote shall he taken. The
candidates themselves, upon acceptin<j the nomination or declinin<r the
honor, as the case may be, usually occupy ])art of the time allowed to
speakers, as to them seems desirahle or diplomatic. Iji case a candidate
wishes to withdraw his name, the? chairman should put tlie (|Mestion
whether the member who proposed the camliilatc havt; lea\e to withdraw
the motion, and if accorded, such name is dropped from the list of can-
didates.

When the convention is ready lor a vote, the chairman must put the
<|Ue.stion or the name of the candidate first piopo.sed, accordiiiif to the
method previously decided u])on for taking' the vote. Tlie same routine
Would be followed as for the el"ction of s])eaker or president already jjiven,
which see Section 7'>'{. The vote may be by voices, show of hands, yeas
and nays, or by ballot, as aj;rt;ed w|ion. If the yeas and nays ai'c taken,
the secretarx' will from his list of deleirates, call each name ili)liabetieallv,
which will l)e r< corded. It is advisable, es])ecially on a close vott?, to read
over the names on each side .so that dele;;'ates may be able to correct any
mistake that may perchance liave been made. The secretary then an-
nounces the total numl)ei' of yeas and navs i-econled, ami the chairman
will thereupon declare the motion carrieil or lost. If the vote is in the
neifative, the ne.xt motion will i)e proceeded with in tl\e .same manner.

Votinif by ballot, ])reviously mentioned, is moi'e expeditious, and when
used and ijiic ballot papers have been coinited and the results reported to
the chair, the eh lirman will in eH'ect .say, "The whole number of votes
cast is : the number nece.s.sar}' for an election is (generally

a majority of all the votes cast) ; of these Mr. A. received , Mr. B.

, Mr. C. : Mr. A. having the reipiired nund)er of votes is the

candidate <luly elected by this convention (to contest this constitut'ncy, or
as the cas(! may be)." If no candidate receives the retiuisite majority,
another ballot must l)e taken until an election is secured.

Where oidy one r-andidate for an ottice is nominated, it is usual to
suspend by motion the n:le for a ballot and elect such candidate liy aeciama-
tion — unanimously. In lodg(;s it is a connnon practice to autlioiize the
secretary, or herald, or other offi(;er, to cast the vote of the lo<l<;e for such
candidate.

In cases where it is deemed desii'able, the ballot could be taken in a
similar manner to that provided for municipal elections. (Sec; Section 80.)
In. stead of a voters' list, the ,s(H'r(>tary or an a.ssistant woidil call the roll of
<lelegations and each delegate as called would conu' to the table, reci'ive a
sli]) of paper from the Clerk, nuvrk it with his cross ( x ) opposite the name
of the candidate for whom he votes, or write the name of the candidate, as

MLNICIPAL LAW

175

the cast' iiiJiy be, anil liaii'l tlie same loldcd to tlie Clerk, who wouM initial
the same and place it in a liox prepared I'or the occasion. The vote i)ein<;'
polled, the secretaiy would in the ])resence of two scrutineers, appointed by
tlie chair, <jpen the box and count tin- votes ami announces tlie result.
When the V(.te is by ballot the chairman may vote' the same us a deputy
returnintf olHcer at nnniicipal elections, and as a matter of courtesy would
be allowed to vote tirst : but when the vote is by yeas an<l nays he would
not vote, except in case of a tie.

When the conv<'ntion haj^naile its choice of a candidate who is pi'esent,
he sliouM foi-mally thaid< the nii'inliers for their confidence an<l the honin*
conferred upon him. Other addresses are then in order.

■JiiO The Rights and Duties of Members are based upon the prin-
ciple of theii' absolute etiuality amoiii,' themselves. Kvery member is there-
f(jre,witli every other mend)er, bourn 1 to attend the service of the hoii.se or the
a.ssemV)ly, unless leave of ab.sence is obtaineil from the House. On account
of urgent lousiness, or his own ilhie.ss, or the illness or death of a near
relative, oi' other suHieient cause, leave of absence may be ^nven by the
House to such member. Durin^f th( continuance of such leave of absence
the member's li'yal rights are not af-ected, but he is simply excused from
attendance in the House or serving; on conunittees. Every member has the
same rii^bt with every other member to suljmit his pro])ositions to the
assrmbly, to rxplain and I'econnnend them in discussion, and have them
carried to a prijper termination.

It is the positive duty of escry member .so to conduct him.self, both in

dehate and in his i;ent;ral deportment in tin.' assembly as not to obstruct

any other member in the enjoyment of his similar and eipial i-i<fhts.

These duties will be considered under the headings of "Debate" and

' Deconnn. "

■Jt"»l. A Quorum. All our legislative bodies have the mnnber of
members required fi)r the transaction of business tixed by statute or their
own by-laws, in the absence, however, of such constitutional provision or
regulation, tlu' conmion law makes a ninjorilji of "// the nicndiersa (|Uoruni
for the transaction of l)usines,s. In committees of the whole, or any sju'cial
or standing conunittee, wIkmh* the appointing boily does not name the
nundjer of mend/ers re(|uired for a quoitnn, the same law j)revails.

No mt'efing shall be opened until a i|Uorum is pivsent, or continueil
after it is want ing.

If after the meeting is in progivss and the attention of the presiding
officer is called to the fact of the want of a ijuorum, the meeting shall lie
.i'ljourned until a (|Uoi'iun is present. In I'ai'lii'.ment, in such ease, the
Spc.iker would cniiiiiienei' to eount the members while the bells are being
rang, and tlic memliei's eountcd as tln'V enter. If ai|Uoiuin i'ails to appeal',
the Speaker adjourns the ilonst' and tin,' (,'lerl< reeonls the names of those
]ii'es('nt. in the .loiu'iial, at the time of tlu' adjourmm'nt.

Any ijUestion before the meeting ;it the time of adjoiu'nment for want
of a ijUorum, ili-ops from the paper, l)ut may be revived after notice ami
proceeded with from the stage where the interruption occurred.

V \

176

.MINIC'IPAl, r<A\V.

^.■»8. Order of Business. In I'iirlinini'iit, tln' ("li'ik of tlu' ll<.M^sl>
plact's on till' Spraki r"s tjililr oNcry iMoniiui;' Itct'ofo tlic iiicftiiiy ol' tlu-
Hoiisc tl\i^ oriln-iil' jU'iK'ci'iliii^i-s I'l.r the "lay, wliich iiiiist Ih' (mI i ii|> in tliu
rrjfiilai' onlrr \vitli<nit any (.'liani;!'. A nuitinn nia^ ' i, mt. of its

ji])[)()int('(l (irdi'i- prtniilin;^' nn one ohji'ets — the as- iii;;' ui'Muiuioiis,

is calli'il " IJnivorsal assnit.'

In tlic various iir;^Mni/,ations aii<l associations t lin)iio],,,iit tlir ••minti'y
the "Oi'dcr of IJusin'jss'' is frcciuontly clian^fil by consent of the n
but e\t;n one person objecting;' it cannot be done, unless such |)ro\ -luu is
expressly made. .Some nnniicipal councils proviile, by tlu-ir by-laws, for a
suspension of rules Ijy a two-thirds vote: lau where this is not done the
assent nnist be unanimous.

■Jtitt. Orders of the Day. Kvery asseml)iy, in order to t'.i,:. ;,.r ;li<veut
transaction of business, must have printed or otherwise jn' p<.r'. 1 their
order of proceedings for their regular meetings. The following js that
adopted by the Toronto City Council :

(1) Reuding of minutes, (2) Original conununications, (M) Presenting
petitions, (4) En(piiries ami answers thereto, (•')) (living notice, ((i) Intro-
duction and consideratii>n of bills. {~) Presentation and considei'ation of
reports of the executive and other connnitti'es, (N) Motions, (9) Cn-
tinished business.

This order of laisine.ss, calle<l " Orders of the Day," varies in all the
munici]ial councils of ( ana<la, as it will among the \arious associations to
suit the \ai'ied conditions, l)Ut the aliove will sulHct for a guide in prejiar-
ing "(Jrders of the Day "' by tlio.se who consult this book for that purp(jse.

■)4»0. Introduction of Business, 'i'he proceedings of a deliberative
assendily are ordinarily set in motion, in the first instance, liy a member
either presenting a communication from persons not meudiei-, or him-rlf
submitting a proposition to the a.ssembly.

The communication to the' as.senibly may be merely for its information
in matters of fact, or may contain a reipiest for some action on the part "f
the assembly.

When a member wishes to present a petition or other paper, make or
second a motion, or merely make a verbal statement, or to address the
assembly in debate, he must in the first place (as the expressi<in is) "obtain
the floor." In ordi'r to do this he must ri.se in his place, standing un-
covered, address the presiding ofHcer liy his pi'oper title — as Mr. Speaker or
^Ir. President, or as the ca.si: may l)e. The latter, on hearing himself thus
addressed, calls the member by his name: and the memlier may tlu'ii, iuit
not liefoic jiroceed with the business he has in hand.

In the event of two or moi-e members rising and addressing the rlmir
at the same time, or nearly so, the picsiding oflicer should give tlu) floor to
the uiembir whose voice he tii-st heard. If this decision should n(jt be
satisfactory, any memiier iiuiy call it in (piestion, by staling that in his
opinion such a meiidier (not the one name<D had the floor first, and have
the sense' of the assemlily taken thereon as to which of the two members
shouhl be heard. The (piestion wouid be first taken on the nanw! of the
person announci'd by tln' presiding ofHcer ; and if this ijuestion should be

MUNiClVAL LAW.

17;

<k'ci(letl ill the aMiriiiativo lio will iiiaiutaiii tlu' Hour, Imt if in the lU'ifative

then tlie tjuestioii will he taken on the name of tin
whom the iloor was claimed.

ther meiiiher for

■}<»!■ Putting the Question. When the deljate on a (|uesti()ii is
ii|i|)arently closed and the Honw ready to vote, the Speaker (or chainnan)
puts the ijUestion hy statin;;' it, if iieces.sary, ami sayiiiji' : "Is tlie House
reaily lor tlie (luestion ' ' If no one dissents or rises to speak, he then
reails the (jiiestion on which the decision of tiie House is tirst to hi' taken,
and .says, " Tlio.se who are in I'aAor oi' the i|Uestion (or aiiiendiin'iit ) will
say ' yea,' those who are of the ccaitrary opinion will sa^' 'nay.' " When the
sii])porters and o})ponents ol" the (Hiestioii have <;i\cii their voices lor and
a;;ainst the (piestion, he will .say, " 1 think the yeas have it, ' or, ' 1 think
the nay.s have it, " or, " 1 cannot decide, ' as the case may he.

If the House does not ac<piiesci» in the decision the "yeas" and "uay.^"
may he called f(jr.

in the House of Commons in that ease the Speaker says, "Those who
are in favor of the motion (oi- ameiulment) will ])lease to rise." The Clerk,
liavin;;- liet'ore him a list ol' all the names printed alpiialieticaily. will place
a mail'; ai^ainst eacii name as it is c;illed. The assistant calls (Hit the name
of e'rtch member as he rises. When all the memhcrs in l'a\(ir ol' the ipies-
tion have voted, the Speaker says aj;ain, "Those who arc oppo.sed to the
moti'iii (oi' amendments will jileasc to rise." and the names taken down in
the manner just de.serihed. When all the names ha\'e thus heen taken
down the Clerk counts the votes and declares the numher i;iven on each
side, when the .Speaker announees, "The moticni is resolved in the attirma-
tive,' 01 pa.ssed in the iie<fative. ' ns the case may he.

If it was an amendment that was liein^ voted on the Speaker or
Chairman would then put the next <nn'sti()ii, and the House divide as
before if calle<l for.

Incase of an eipiality ol' votes the ( 'hairman iiui" ^ix'e the castine-
vote and it is customary I'or him to state his reason. In municipal
councils tlie head of the Council votes as a member, and in ca-se of a tie the
(piestiun ^roes in the nejjjative. A i|nestioii is fully put when both the
"yea- ami nays" have been taken.

^ii'i Motions. 1. In Parliament all motions must be in writini.; and
seconded before lieinir debated or put from the chair, except a motion for
the ' pre\ ious (|uestion " and nioti(nis of ordinary routine business, such as
adjournment or the readiiifj^ of bills a first, .second (jr third time, or disjiosiny
of ('(anmunieat ions, etc.

2. A iiKjtioii that is not seeondi'd must not be pro[iosed from the chair
or debated, neither shall there be any entry thereof made in the records of
pi'oeeediii;;s (minutes).

:{. In r.irl lament, when a mi'mber proposes to brine; a motion b(!fore
the H'Mise, he must ^ive due notice of the same for consideration on some
future d.iy. except it is a ipiestion of " privilenje" or "urjfei icy, when itmay
be immediately eoiisidereil Such motions as relate to the business of the
House, or some matter clearly a case of urgency, may be made by the
unaniniDus consent of th." Hou.se without ^i\ iiiy,' jirevious notice.

■\

i-
■1'

MI'NICII'AL LAW

8. Wlifii a motion lins Ihimi iiukIu and secondLMl, it i.s tiit-n to bf road,
or, ill parliuiiicntary lai)<juairL', to Ix- pioposofl from the chair, whon it lie-
conie.s a (jtieKlioii I'oi- tin- decision o\' the House.

The Speaiier (or i)resi(h'nt) reads the motion at h'nf,^tli, as: "Mr.
(name) moves, .seconded by Air. (name) that, " etc., and havini,' concUxIed
its readiii"^ he ask.s, " Is it the [)h'asnre of the house to adopt the motitm ;' "
When the House is thus in possession of a ipiestion it cannot he with(h-awn
except by K-ave of the assembly without one nefjfative voice. It may be
debated, amemle'l, hiid over, .super.seded, resolved in the atiirmative, or
passed in the nej^jative, or otherwise dispose<l of as the Hou.se may decide.

4: Every motion should eonnneiice with the word " That," and not with
the word " Wliereas." Hills have preambles commercing with " Whereas,"
but motions never. A motion iij^ieed to becomes a resolution. In with-
drawinif a motion from the House the unanimous a.ssent must be f^iven.

When an amendment has been proposed to a (piestion the oritrinal
motion cannot be withdrawn until the amendment has been either with-
drawn or ne;;atived. Where an amendment to an amendment, neither the
orijjjinal motion nor the amendment can hi- withdrawn if the si'coiid
amendment is persisted in until it is nej^ativeil.

•V A motion that has been deci<led in the ne<i;utive cannot be propo.sed
ajjain as a n\otion, nor afterwanls introduced as an amendment. The same
hohls (rood in respect to an amendment which has b<en nej^atived — a
similar one cannot be introduced on a fuhire day. In order to revoke .such
net^ative votes, the (juestion in its essential jiarts, with sutlicient variation
to constit;;te a new motion or a new amendment, may be pro])osed : and it
would be for the house to determine whether it were sul)stantially the same
question or a new one.

G. No nwjtion or amendment which anticipates a matter already'
appointed for the consideration of the Hjuhu, oi' what wotdd be substanti-
ally similar may be introduced

A member may re(piire any (|uestion under discussion to be read at
any time of the debate, exce})t when a member is speaking:;. If manifestly
done for the purpose of ol)stiuction, the C'liaii-man, in his discretion, may
employ the prerojjfative of the chaii' to jirevent it beinj^' so u.sed.

lOU. Who May Not Vote. I. Any member havinj^ a pecuniaiy
interest in the matter beinfjf voted on, not in common with the other
members, must not vote either in the House or on a committee, if such
an intereste<l member should vote his name will be struck off the record.

Any mend)er believed to have such pecuniary' interest in the (piestion
before the House, may lia\-e his attention called to such fact tln'ou^h the
Speak(>r. If he cannot ;;ive a satisfactory ex])lanation and presses his
rifjht to vote, the mattei* may bi; settled by a vote on a motion, "That the

vote of be di.sallowed," which, if beinj.'; carried, the ( 'lerk will strike

the vote off the recoi'd.

2. A member who was not present in tin- House when tlie Speaker
put the (piestion must not vote. If he votes under such circumstances,
and the Speaker's attention is called to the fact, he will ask, " Was the
honorable nu;nd)er ])resent in the H(.)use, and diil he hear the i|U"stion
put ^ " If he replies in the negative his vt)te shall be struck oti' the rec^ord.

MUNLCIPAL LAW.

179

read,
I it l)e-

Iii case .1 member s right to vote be called in (|uestion he should be
heard in explanation, and then to withdraw while the t|uestion is put,
" That the vote of be disalljwed."

104. Members Voting. Every member in the House and hearing
the question put by the Speaker must vote. If one fails to vote, and the
attention of the Speaker is called to that fact, he will call upon the member
ti) declare on wliich side he votes and the vote will be recorded. Those
who do not wish to vote manage to be out of the House wlien the vote is
taken.

If a meml)er accidentally votes contrary to what he intended to vote
it cannot be corrected.

If a miMuber's name is incorrectly entered, or inadvertently i)mitted
from the list, he may iiave it corrected when the Clerk reads out the
names, or if not read out, then the next day when he discovers the error
in the ))rinted list of votes.

■JOS. Debate on Motions- When a (picstion has been "put" by the
chair it is open for diseu.ssioii. In Parliament there i.s no limit Hxed to
the length of a speech, but in many other assemblies it is advi.sable to limit
the time allowed to .speeches on n\otions before the House. A meml)er
.should only speak once to the .same (picstion, except the mover of the main
(|ue.stion, who has the right of reply. The mover of any amendment has
no reply. Each member has a right to apeak to the main (|uestion, to each
amendment, and to an ailjourimient of the debate.

Adjournment. A motion for adjournment is always in order. It
may lie for the a<ljourinnent of the House or for the adjournment of the
debate. A motion to adjourn the Hou.se, if carried, supersedes the (juestion
then under considt^ation.

It should then take this form: I move "That the House do now ad-
journ.' No amendment is ])ermissible, neither is it allowable to move an
adjournment to a future day: but the motion shouM be pure and simple,
as in the jircceding wording of it The adjt)urnnient of the House maj' be
made wiiile a matter is under discussion, or in the interval of pi'oceedings.
A motion for adjouriuneiit decided in the negative cannot be renewed until
after an intermediate proceeding.

HHi- Amendments. When an as.sembiy is satisfied with the subject-
matter of a |)r<>position, but not with the form of it, or with all its ])ai'ts, or
di'sii-es to make some addition to it, an anu mlnumt is intendeil to bring it
into proper form to ex])r(>ss the will of the House.

But when a ])i(j])osition is regularly moved and seconded it is in the
jio.ssession of tln' Mouse ami may 1"' ]>ut into any shape or turneil to any
purpose that the as.sembiy may think propei'. Its enemies, therefore, may
so amend it as to entirely alter its natiu'e, and to make it bear a sense .so
ditieri'Ut from what it was originally intended to bear that its friends, who
first introilui'i'd it, may be forced to \'ote against it in its amended form.
Tills is one way of defrating a proposition that would otherwise be carried
if a straigiit vote were taken on it as fir.st proptjsed.

Amendmeiits nuist be relevant to the original motion as to sutiject-
matter or thev are iiot admi.ssible.

i; !

180

Ml' MCI P.M. LAW.

No iinticc is ever ri'imircil to Ik- }ri\x'n in onlcr tu introiliu't' an miiu'M'I-
lut'iit, l)iit it is siiltjrct to till' < (rdfis ol' tlic Day, or tlu- ortlt-r of l)ii.siiii's>.
Aint!ii<lim'iitn may propose ;

1. 'I'o strike out certain wonls or parts.

2. 'I'o strii<e out rei'taiu wonis, in or<ler ttt sulistitute others tlierefui'.
'<]. To insei't or a<lil rertain words tliereto.

Not nini-e tlian two aniendnients can t)e proposed at the same tinn- to
a (|Ucstion. That is, tliei'e cannot l)e uioi'e than thi'ee (piestionH before tlie
Housi.' at one time — the orij^inal motion, an amendment, and an amend-
ment to tlie amen(hnent A motion, ho\ve\(;r, foi- a<ljourinnent would l)e
in order. Jf neither of tlie amendments suit, and another one is desii'ed
to he introducol, the secoml ami'iidment shouhl lie put to the a.ssemhly and
nejrjitivcd, and then introduce the desiicd amendment, as an amendment U>
the amendment.

An aniemiment once ne<4atived l)y the House cainiof he proposed a;iain.
Whatever is a<:;reed to hy the House on a vote, i.'ither adoptin;,' or rejectin;,'
a ]iroposed amendment, cainiot he afterwards altereil or ameiideil. .\n
addition to tlie word.s may, if proposed at the ])roper time, he made, hut
no words can lie struck out.

.No addition can lie made t<i (|Uestion after tlu,' as.sendily has decided
hy vote that the words ]iroposii| to he left out should staml part of the
(|Ue.sti«)n: and. if struck out. they cfinnot he restored.

Amendments that are merely inconsistent or incompatihie with a
ijUestio I that has already lieen adopted, sii.ill not on that account lie
suppressed liy the chair, hut may he rejecied hy the House.

14»V Voting on Amendments. When an amendment is proposed to
a motion the speaker 'ir chairman will first --late the oi'i;^in,d motion thus:
"Mr. A. moM's. secoiuled by Mr. H.. that ' etc. Theu he will state the
amendment: "To this. Mi-. ('. moves in amendment, seconded by Mi.]).,
that " etc. The chairman will then put the aim ndment first to the Hou.se
as follows: " Is it the pleasure of the House to adopt the amen<lniciit ' "
If the jimendment is defeated, the chairman will then pidpose the main
t|Uestion, which may be debated, or ameniled a;^ain. Hut if the House,
adopts the amendment the chairman will then jiropose the main (|Uestion
a<,'ain. thus : " Is it the ])lea iire of tlu' Hoiiw to adopt the main (|Uesti(jn
so amemled''' A member may then, if he so desires, propose another
amendment: "That tlu' main i|Uestion as amendi'd," etc.. 'be further
aiiiendeil liy," etc.

If there is an aiiieiidtnent to the amendment the chairman will take
the sense of the llcjuse on the last amendment tirst : ■ Is it the pleasure of
the House to adopt the ameiidmeiit to the amendment' ' If this seconil
amendment is i-ejected. the chaiiiiian will then propose the i|Uestion: Is
it the jileasure of the House t.i ado])t the iimeniliie nl to the main (or
ori<;inal) (|Uestioii .' ' when it is in order tn move .iiiother amendment
which must diH'er from the one rejecteil.

When an amendment to strike out certain Wiirds has been m ;,ati\ I'd,
it cannot be ajjuin moved to strike out the same words or ,i p.ut of them:
but it may be iiio\ed to sti'ike out the same words with others, or r, part
of the same words w ith others, ]iro\ ided the ehanjre i.s .so substantial as to
inuki' it a ditl'erent jiroposition from the former.

MUNTCIPAL LAW

181

Wlu'ii a i|iii'stioii or iiiDtinn hut'ori' tlic asMt'iiibly C(jn.sists of .several
sfctioiis or |iararjra|)lis, or i-csohitioiiH, tlio onltT ot" considoriiij^ and
aiiiemliii}^ it is to c-oiniiK.Micc at tlio lH'gimiin<f and proceed tlirouf,di it in
n-^'iilai' eoiu'se by paragraphs, in case a latter part is amended, it is not
in order then to I'ecur l»ack and make any amendment to a former part.

If the motion to strike out and insert is put to the Hou.se undivided
and is decided in the neirative, the same motion cannot he made a;i;ain : but
it may be maile to strike out the same \v<jrds and insert nothing;, or to
insiit (jtlier words, or insert the same words witli otliers: or to striice out
till' same words with others, and insert the same: or .strike out part of the
sam<' words with others and insert the same : or strike out other words
and insert the same; or to insert the .same words witlxMit .strikin<; out
anylhinj,'.

If the motion to strike out and insiMl is decided in the atiirmative, it
cannot be then moved to insert the wf)rds struck out, or a part oi them,
or to stiike out tlie words that were inserted, or a part of them; but it
may be moved to insert the same words with others, or a part of the .same
words with otJKM's ; or to strike out the same words >vith others, or a part
of till- .same words with others.

^ilH. Dividing Questions. When a motion comes before the House
whii'h comprises two or more separate propositions, so manifestly destinct
that if one or more be taken away, the otht^rs may stand entire by them-
si'Ui's, the Speaker may put the (piestions on .such pro])ositions separately.
Ill that case tin' debate would be restrieted to the ))rop()sition befonj the
House. A iiieiiil)er may also move that such motions be divided and put
se|i;ir-itely.

14»J>. To Lay on the Table. This motion is usually i-esorted to when
tlie,isseml)ly has sonn'thiii^ else before it whieh claims its immediate atten-
tion and therefore desii'es to lay aside a proposition or a comnnniication
for a time, but icserviiie- to itself the power to take it up when convenient.
The f.irm of the motion to lie on the table is, 1 mosc " Tiiat the (|Uestion
be laid on the l.ible." It caiuiot be debated itv amended. If decidi'd in
the ;itlirmati\'e it cainiot bi' reconsidered, and the principal ui.)tioas,
toi;erliei- with all the otli. I iiiotions, subsidiary and incidental, connected
with it ire removed from liefoi'e the House until it is a<iain taken up.
II decided in the iie^^ntive, the luisincss |)roceeds in tlie same manner as
thnii^di the motion had not been niaije. It may subse(|nently be taken up
liy a member moving' that the Assemlily do now considei' the (juestion laid
«m the table, tjiviny' its natuic and the date of tabline- the .same. Such
(|Ue>,tion is not debatable and I'annni be .luiendeil, but may be jiassed
by a niaioiity vote. If it is a conimuiiic ;ition, the motion would l)e " 'i'hat
the I'.innnnnication be receixcd and l.iid on the table."

1)0 Postpone to a Certain Day. .V laotion made to postpone to
a day certain may !"• amended by sutistitiitin;;' a dill'erent day, is .subject
to the pre\ ions ([Uestion, ami the matter of postponement is ilebatable. If
the motion for postponement is decided in tlie atiirmative, the proposition to
which it applies is reino\ed from before the H,)use with all itsa]ipenda>;('sand
incidents; if decided neeatively, that the])roposition shall nt)t be postponed,

i I

iii

182

Mi:NICIPAr. LAW.

I'' '

; i

] •

that (|iu'.sti()n thru Htaiids as it was, hut may he suppressed hy the proviou*
question, or eoiimiitteih or aineixh-cl.

If fh'citled in tins aHinnative, tlie (|uesti«)n so postponed cannot ho taken
up hefore tile time speeitied, except l)y a two-thirds vote of the mendjers
present. II' iel't U> the specified time, it has iiiece<h'nee over all (|UeHtions,
exce]»t tlie privileijed oni's.

(►f several (piestions postponed, when they are taken up it shall l>e in
the order of time to which they were postponed.

111. Indefinite Postponement, or tne fauKuis "Six months' hoist,"
is a motion intendeil to remove a (juestion alto<fether. It cannot he
amended, l)Ut it hiUii;s u|) the whole suhject for diseu.ssion, and if decided
in the aflirmative, the proposition is (piashed entirely. A ne;j;ativ(! (k'cision
has no etl'ect on the main (piestion : it cannot he made while the " pre\ioiis
question " is peiidinjf. This motion would not he used in nninicipal coun-
cils, or other assemhiies havinjj short se.ssions, as it woidd only hind ioi*
the one scs.sion. The motion more suitahle for such Ixnlies woidd l>e to
postpone to the next meetin<:.or to some particular meetinj,', when it would
come up under the oi'der of " l'iitinishe<l husiness "

The American practice allows a iiKjtion to post[ione indelinitely to he
amended by makiiiff it to a day certain, and if any other tlay is desired it
may he moved as an amendment to the amendment, or it may he moved as
an independent motion after the amendment has lieen ne-^atived.

But in Canada, anil some States in the Union, the motion to postpone
indefinitely cnnnof ht; amended, for the reason that one form of a motion
cannot be; chan^^ed into another directly contrary. A nejfative vote would
be the only way of disposin<j of it, and then to make a new motion, if
desired, end)odyiu<f the sen.se of the House.

The motion for the six months' hoist would Ito : " I move that this
bill be not now read (a .secomi time), but that it be read (a second time)
this day six months."

ll*i. Motions to Commit, or to reconnuit, if the proposition has
already l)een once counnitted to acounnittee, take precedence over motions
to amend, or to indefinitely postpone. 'J'he motion niay be dehatecl, and
also opens up the whole (piestion which it is proposed to refer to eounnittee.
It may also be amended by substitntin<f one kind of conunittee for another,
or by enlar<:,inj;' or diminishinj^- the numl)er of mend)ers of the conunittee
originally proposed, or by <fivin^ certain instructions to the conunittee. It
yields to the usual " privile;;'e (|uestions," as adjournment, call for the
orders (}f the day, Hxinj^ the time to which the House shall adjouiii ;
questions ndatini;' to the privilejres of the as.sembly, to ajjpeals or (piestions
of order, reading of pai)ers, suspension of rules, leave to withdraw the
previous (|ue.stion, an<l to po.stpone to a day certain. (The American use
of the previous question would not allow the motion to conunit to be
superseded by the previous (|Uesti<m if m.tde before the latter j.

If the motion to conunit is decided in the aHirmative, the propo,sition
so committed is removed from before the Assendily, hence no ji'round left
for the previous question, for postponement or amentlment; if in the
negative —that the moti(ai shall not Vie counnitted — then the previous
question, postponement, or amendment is in order.

MUNICIPAL LAW,

IH.»

11:8. The Previous Question in Canmlu is uKvunh ^'ivtii in tliis
t'orni : " 1 iiiovo timt this (|iicsti(jn 1)»' now put." Tliis motion Htoi)s till
•inuMiilnicnts on tlic main (|Ut'.stioii until it is (li,Hj»os('(l of, ami it' thuiT is an
aintMulniunt alrrady l)t't'oiT tiic llou.sf, the previous (|Ucstioncamiot Lo niovi-d
until the aniondmcnt i.s tir.st disjMi.sfd of, either by beinj; withdrawn or
voUhI down. While the previous (juestion preeiudes all amendments from
l)eiii}^ introduced on the main (|Uestion, it does not stop discussion on it,
uidess there is a s|)ecial rule to tliat etiect.

If tlie previ(;us (jUeHtion is allowed to >^o to v<jte and is decided in the
atiiiniativf, the main ijUestion must he put forthwith, without debate or
amendment, and if it is rejectt'd tlie orij^inai motion cannot then be put on
that day, liecaii.se tln^ Hou.se will have Just decided l)y vote tiiat it should
not " be iKnc put." Torontf City Council and some other municipal bodieK
follow the American procedure and allow both debate and amendment on
the main question after the pi'evious (pii'stion has been negatived.

The procedure l>oth in Knj,dand and the United States diH'er-s some-
what from the practice in the ('anadian Parliaments. With us, moving' the
))r(!vious (juestion does not aim atcuttin^foti debate, but simply to preclude
amendments, and either to brinir the debate to a close bv voting- on the
)>revi(jus ([uestion or to thresh out the ([ue.stion on the ori;j;inal motion
The chairman will put this ipiestion to the house like any other one, but it
need not be allowed to <;o to a decision and the debate on the main (pies-
tion may proceed as before, unless there is a positive rule to the contrary.
The motion, " That the House do now adjourn," while the previous (|uestion
is l)efore the Hijuse, is in order; so is it in order to move the atljournment
of the debate on the previous question. The previous (|uestion is not used
in committees. Where the njotion to read the " orders of the day " has
been made the previous ipiestiou is not in order, as the other motion
answers the same purpose.

71-4 Motion for Reconsideration. The parliamentary usa^e in
C'ana<la when a mendier desiics to have a motion that has passe<| in the
athrmative rescinded, or a motion decided in the nej;ative to be l)rouj,dit up
in another form for reconsideiation, i.s to jjivc such notice of the motion.
The notice of motion to reconsider is usually j^iven on the same day the
motion was passed, or on the day foilowin<;-.

In municipal councils and other orjVani/atioiis and assemblies where
the sessicjiis an,' too .short to pei'iiiit of .such notice to lit> <,MVeu, re^^idations
are usually proxided to reconsider without notice, but only in accordance
with s|)ecitic I'ules. as that a majority or Iwo-thirds vote favorino- recon-
sideration be ri'ipiisite. Where no I'ei^ulations are provided, Cushini^'s I'ule,
"a motion to reconsider nuist be considered in the same lijflit as any other
motion, and as subject to no other ruji's," may be safely followed.

In accordance with (jur parliamentary rules a member of a lodjje or a
council could give notice on the day or at the meetiiijf that the motion was
decided, that he would at the next meeting move to reconsider or rescind
the motion in q ue.stion.

In conventions, where it wcadd not be jjossible to give notice, the
following by-law of the city of Hamilton, which does not retjuire a notice,,
would be a sufficient and .safe guide.

181

MUNICIPAL LAW.

I' '

Hiuiiiltuii City Coiiiicil has inovidcil, Ly Ly-lii\v,tlmt " iii'tcr anv (|ucs-
lion, cxcu'pt dill' III' iinlclinitt' iinstpuuriiieiit, uiiy iiit'inlM-c \vli(» vott'il in tlit-
iiiiijurity iMiiy, itt tlif sniiif oi- a siilist'ijiiciit iiit'titiii;^, move forii icconsiiifni-
tioii tlicD'ol' : liut III! ilisciisHiiin nf tlu' iiiiiiii i|iii>Htit)ii hIihII Im- alliiwoil unless
ri'considcn'il : noi'sliall any i|ni'sti«)ii Im' loconHiilfi'i'd more than once."

Lonilun hiis tln' saiiic iT;,'iilations, except that a notieeul' the motion is
rei|nire<l. ami that the vote lor reconsiileration nnist receive a majority of
t\vo-thii(ls the nieniliers jn-esunt ami votin;; thereon.

^75. Rules of Debate. I. Kxcept when the House is dividinjj, every
iiieiid)!')' desirin;; to speak nm.st rise in his place, uncovered, and address
liinisell", not to the House or to any particular nieiaher, hut to the presidin^^
ortieer, as" Mr. Speaker," " Mr. Chairman," etc., and remain so standuiij while
speakiuff. A person, throu^jh sickness la- other intirmity, may, l>y .special
indulgence of the House, he permitted to speak sitting.

2. If two or more ri.se to speak at or nearly the same time, the Speaker
will cidl upon tin; one who first rose in his |)lace, or whose voice he first
heard. (See Section TtiO.)

3. It is customary for the presidini; officer, after a motion has been
made, secondod and propo.sed, to «,'ive the floor to the mover, in ])reference
to others, if he rises to speak ; or on ri.'sumin<;- a debate after an adjourn-
ment, if he desires it, to the mover of the adjouiinneiit in prefeicnce to
other members; or where two or moie mi-ndjeis claim the lloor, to jirefer
bim who is opposed to tlu' ipn.'stiwn.

Sometimes a member, instead of )a'oposing his motion at (irst, proceeds
with his speech by first statiiiif that he intends to conclude with a motion,
and informs the assend)ly what that motion is,

4. A new member in the House, oi- one who has not yet spoken, is
usually, liy eourtesy, called upon in preference to other members.

5. In any of the above cases the decision of the chaii" may be o\cr-
ruled by the House, or a motion that one of the other meml)ers who may
liMVi- risen "do now sjieak,' or " bi; now heard," which motion will be
decided as any other motion would be.

(i. A memlier may use notes to aid his memory, but he must not read
bis speech.

7. < hie nii'niliei- should not di.'-turli another member in his sjieech b\-
bissiiiy' or eou;.;liiii;.;', etc., or l)y pjissing lietweeii the ])residiiij;- oiKcer and
the member spejikinii'; by j^oiiij;' across the iloor of the House, or walkiii<;
lip ;iml down in it, or any other disorderly conduct.

S. .'\ lueiiibi-r is rei|uired to eoiitiiie him.self to the (|Uesti(ai under
«'onsider;itioii. exi-ipt in motions for adjournment, or ijuestioiis of jirivilcffe.

!l. It is the duty of the chair to maintain the relevancy of debate, and
il' a member manifestly violates this rule to call him promptly to order.
'I'lie llou.se. as well as the chair, may call to order See Section 770.

In a series of resolutions,. or in ainemlments, the i|Uestioii before the
Hiaise is constantly chanj^'iu;', and the i|uestion as moved may be the main
"pii'stion, then an amendment, or a second ameiulment, or the |irevious

• piestion, etc. In each case the particular ipiestion supersedes the main

• pie.stion, Iieiice the presiding,' otHcer needs to oive the very closest
;ittention.

10. It is not i)arliainentary to refer to a member, then present, by his

Ml' N It'll' A I. LAW

I8r,

imuio, l)ut to itIVt to liiiii as tin- honomhlc nn'iiil>fi' of sucli ti coiistitut'iic}',
or tlio lemlfr of tlic oj)iM)sitioii, or tlic iiiciiiIiit wlio spoki! liiMt, I'tc. 'riif
olijt'ct of this rule is to ;^uiiril iiy;Hiiist excitiiij; personal fcclinjr, cit n-r of
favor or liostility.

11. A in<'iiil)L'r iiiUHt not HpeuU twice to tin- same (luestion, except to
explain a material part of liis spi-ecli that lias heen misunderstood, l»ut he
must not introduce any new matter. The mover of the main ((uestion
may also have a reply, hut must not introduce anv new matter.

12. A niend)er must not speak disrespectfully of any other memher,
nor reflect up(»n any voti- of the House, except in moving; that such motion
he re.scinded.

]'i. A memher called to order shall immediately- sit down while tht^
point of order is heinf( stated, hut may afterwards explain. If he feels
that the rulin;; of the chair is incorrect, he ma}- appeal to the Hou.se, which
.shall decide without dehate.

14. A niend)er ayainst whom any char<.;e has heen math', after having?
liet'ii heard from his place in defence, should withdraw while the charge is
under consideration. Due notice should he {^iven a niend)er whose lan-
^nia>;e, conduct or character is the suhject (d' a motion or a statement in
the Hou.se.

110. Call to Order. It is the duty of the presiding;- officer to tnd'orce
the lules and usaj^esof thehoily in all its proceedings without (juestion, delay
or dehate, whentner a di'puiture from the same is manifest. It is also the
rij^dit of every mend)er to lise and call another mendier to onler when he
hrlicves that a rule or usa;,'e has heen violated hy a motion or in a speech.
When he interrupts n spcjiker liy i-isin^- to a |)()int of ordei', he shoidd say.
" I rise to a point of oi-dci." Tlie presidiiif^ otHcer will s>iy, " Please state
your point (tf order," when hi,- must, as succinctly as possihle, state the
]K)int without any attempt to dehate thi' matter The Speakei-, or other
liri'sjdiiin^ otlieer. may decidf thr 'piestion at once, oi' he may, if he deems
it advisahle, ask the o|)iiiion of memhei's. When he decides it should be
<i iii/inritiitii'rli/ slaf'^if, ii\\i\ iiotar^'Ued. A miMuher not satisfied may appeal
from the decision to the House hy s.iyin^, " I ap|)e,i! from the decision of
the cliair." The speakei- will tlien ]uit the ijuestion hy statin;;' tirst the
decision and the ])()int of appeal, and then adding. " The (piestion is now,
shall the decision of the chair stand as the judgment of the House :" Those
who are in favor of the niolion will say ' aye.' " Then when the "ayes"
ha\'' heen yiveii, he wdl say. "Those who are a^'ainst the motion will say
• nay.' ' If the voices are at all (hnihtful. and the names are demanded by
/i rt' iiu'inhers, he will suliinit the (|uestion and the roll he called, as pre-
viously descrihed. These motions ai''' not deliatahlc in (.'anadian asseml)iiea.

m. Breaches of Parliamentary Decorum. I. A member ha vino-
been calK'd to order by the chairiiiaii, it is his duty to bow at once to the
decision of the chcii, and to make an apology either by exjilainin^ that he
did not int .id to infriii;;!' ;iny rule of debate, or by withdrawing; the
unparliamentary laii^^uaoc used. If he should persist in his unparlia-
nieiitary conduct the speaker may nuiiie him, and submit his conduct to
the decision of the House. Tlu' member slundd theii exi)lain and with-
draw, and it would be for the House to determine \v\itii course to punsue
in the matter.

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I .'.(1

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186

MUNICIPAl- LAW,

2. It' a moinbor makes use of niipavliaineutary Imiguajie it is the rii^lit
of any otlier ineinber to move tliat it be token down. In such casi- he
repeats tlie wonls to which lie objects (imniediatel}' after they have been
uttered and while yet speakiuf^), (|Uotin^' them exactly as he understood
tliem to have been uttered. The Speakisr then takes the sense of the
House, and, if in accoi'd with the demand, will direct the Clerk to take
down the words. After the Clerk has taken down the words he reads
them to the House. The member should then ex])lain and withdraw, when
the House will determine what course to pursue with reference to him.

'318. Questions by Members. Questions ])ut to mendjers or ^finis-
ters nuist not contain imputatio.i.s or ironical expressions, neither nnist a
question refer to debates or answers to (juestions jiiven in the same session.
A question cannot be made a subject for deljate. A question put on the
notice paper must not give tln^ names of [)er,soiis or sta I'ments not strictly
necessary, or contain cliarges which the meiidjer asking the question is not
prepared to substantiate.

1IJ>. Questions of Privilege. When anything has ari.sen in the
Hou.se or in the country which affects the rights oi- immunities of the
House in general, oi- tlie position, character or conduct of mendjers in their
representative character, which calls for its immediate interposition, a
motion relating thereto takes precedence over all other business of the
House except a<lj()urnment, and is moved without notice. Examples of
causes which would give rise to a (piestion of privilege would be when the
proceedings are disturbed, whether liy strangers or members, or a (luarrel
arises between two members. Wlu'n the question of privilege is settled,
the question interrupted by it will be resumed at the point where it was
suspended.

T80. Notices of Motion. Every inqjortant sub.stantive motion that
is to come before the assembly fur ilecision should have previous nijtice
given. Especially all motions proposing any change in the constituti(jn or
by-laws of a society or incorporated com))any necessarily reqnii-e a ntitice.

IHI. Privileged Questions are tho.sc' which bccan.sL' of the stq^ rior
importance attached to them, or in conseouence of a vote of the iissoiiibly,
or of the necessity of the proceedings to which they lead, are entitled to
take the place of any other subject or question before the Hou.se, and to
be first acte<l upon and decideil. (^)uestions of this nature are of three
kinds, viz., (1 ) Motions to adjourn ; 2) Motions relating to the rights and
privileges of tlie as.sembly or to mendjers individually; (.'}) Motions for
the orders <jf the day. These (jUestions are always in oi'der.

IHT-J. Incidental Questions aic those which ari.se out of other qurs-
tions, coii.se((uently are to be decided before those which give ri.se to tin-m ;
as(l) Questions of order; (2) Heading of })apers ; (.'}) I^eavc to withdraw
a motion; (4) Suspension of a rule; (5) Amendment to an amendment.

IHS. Dilatory or Secondary Questions are so called because they

may be applied to other (piestions for the purpose of dispo.sing of thi-m in

an appropriate manner. They take precedence over the jirincipal ques-

ion, and must first be decided before the principal (piestion can be acted

MUNICIPAL LAW.

187

rii^lit
asi" he

Ijeeii
rstood
>f the
tiike

reads

when
t\.

lust a
■ssioii.
)ii the
strictly
is not

upon. Tliey also have precedence among tlieniselves in the following-
order, and one ot a lower order cannot be made while one ot" a liigher
order is pending, but one of a highe)* order may be made while one of a
lower order is pending, and supersede it: (1) To refer to a committee ;
(2) To amend; (:{) To lay on the table: (4) To postpone indefinitely;
(5) To postpone to a certain time; ((>) To adjourn; (7) To move the
2)revious (juestion.

184. Motions that Cannot be Amended are: (1) To adjourn
(when not to a certain time and place) ; (2) To lay on the table ; (3) To
postpone indefinitely ; (i) To po.'^tpone to a certain time ; (5) For the
previous (piestion ; ((i) An amendment to an amendment; (7) To re-
consider.

185. Questions Undebatable. (1) To adjourn: (2) That the com-
mittee ri.se; (3) For orders of the day: (4) To lay on the table ; (5) To
postpone indetinitely : ((i) To postpone to a certain time; (7) For the
previous question ; (.S) To reconsidi^r : (!J) For the reading of papers ;
(10) To withdraw a motion ; (11) To .suspend the rules : (12) Questions of
oi'der and decorum ; (13) For permission to continue speaking after being
pronounced out of order ; (14) To extend limit of debate.

180. Questions that Cannot be Reconsidered are : (1) To adjourn
(the House would not be in session) : (2) To lay on the Table (it can come
up under its regular order of busines.s); (3) To reconsider ; (4) That the
committee rise ; (5) To suspend rules.

("0MM1TTEE8.

It is usual in all deliberative as,semblies, in order to save time, to have
performed as much as possible by various connuittees all the preliminary
and preparatory steps of matters to be acted upon in the assembly. Such
committees are called j^ju'cinl, Sclecf, Standing, and Committee of thr.
Whole.

181. Appointing Committees. There are three modes of .selecting
inend)er;s of connuittees — by appointment of the Chair, by ballot, and l)y
nomination and vote of the House.

In legislative bodies it is usual to have a .standing rule providing that
all connuittees (e.xcept Committee of the Whole) be named by the pi-esiding
othcer, e.xcept when,' otherwi.se (jrdercd in special cases. Sometimes the
rules Hx the nundjer to compose each committee. Where such rule exists
and a committee is re(iuire(l by constitution, or one ordered by the
a.ssendjly, the presiding otHcer names the members thereof.

In Parliament, at the beginning of each session, a small committee
is appointed on motion of the Prenner to strike the standing connuittees
of the House, as "that select .stan<ling connuittees of this House for the
present session be appointed for the following ]MU*poses," etc.

Special and select coimjiittfcs arc ap]iiiiiitii| ^>^\ niotinn after imtici'.
any time duiing the session for the consideration of particular subjects.
It is usual in such case for the mover to be a member of such comnnttee,
and, if agreeable to tlie connnittee, to be the chairman of the same.

I.,.'

,H'.'

.: II

■:[i

t '■ -fes

188

MUNICIPAL LAW.

In (loliberative asseinblicH when coniniittees are appointed by ballot,
it is iiHUal .simply to liave tlie nicnibei'.s proposed without the formality of
a motion. Balloting niaj- be eitiier singly or all together as may b^'
ordered, and conducted as other elections aie made. When the committee
is directed to be appointed by nomination and vote, the names unist be put
and voted on separately. When the nomination is directed to be by the
presiding officer he may propose the names singly or all at once. When
the nomination is directed to be made by the assembly at large, the chair
calls for nominations, and names being mentioned accordingly, he puts to
vote the first name he heard.

A majority of a committee to whom a measure is referred are sup-
posed to be favorable, and in jwlitical parties the dominant part}' always
thus appoints committees. Enemies to a bill or the party proposing it
Avould not be likely to improve it by any amendments they would make.

Wlien a conunittee is appointed the secretary should prepare a list of
the members thereof, together wit^i copies of any instructions under which
they are to act, and give the sariie to the person first named on the list of
the conunittee, if convenient, but otherwise to some other member of the
committee.

■JSS. Organization and Procedure. The person first named on a
conunittee acts as its chairman for the preliminary steps for organization,
unless a chairman is named in its appointment. At its first meeting, as
soon as a (juorum is present, the committee elects its own chairman, and if
need be a .secretary' or clerk.

WhiMi no directions are given the committee ma}- select its own time
and place for sitting, but nuist not sit wliile the a.ssembly is sitting, indess
.specially authorized.

A conunittee is a minature assembly, hence the same rules that govtiii
the proceedings of the House as to receiving papers, motions, amendments,
adjournments, use of proper language, etc., apply to connnittees.

A committee m-glecting to perform its fluties, the House may intervene,
and order it to meet and report, or discharge it altogetiier.

A connnittei; may adjourn from time to time, as it finds necessary, but
not from place to place, except by leave of the House.

A committee in e.vamining witnesses may admit strangers, but its
deliberations should be in private.

In Parliament, committees are not permitted to sit and proceed with
their woi'k during the session of the House, unless on important business
the Hou.se gives authority.

If committees wish ti> rejiort their opinions, oi" ol)servations, or to
report their ])roceeilings from time to time to the House, they nuist obtain
leave of the House. Sub-committees report to the committee, and not to
the House direct.

('ommitte(,'s regularly adjourn from day to day, the same as the House,
and the same u.sages prevail. Common consent usmilly permits the cliaii'-
man to name the day and hoin" of sittings.

The rejiort a conunittee submits to the Hou.se, if not tuianimous, is a
majority report, and must not be accompanied by any protest or counter
statement of a minority. If a minority wishes to report, it may by con,sent

■

MUNICIPAL LAW.

189

Imllot,
alit}' of
nay ],c
nmittee

be put
by the

When

chair
puts to

,1'e sup-
ahvaj's

of the iiiajcn-ity, liave tlieir paper included in the appendix as a part of tiie
profeedinys of tlie eoniniittee.

Reports of ecainnittees su1)niittiii<^ certain reconiMiciidations or oj)inions
to tht! House are concurred in In' motion, if adopted. If the recoinniemlatious
are a series of recommendations, each one is to l)e consirlci-ed by the House
separately, and disposed of as ma}' be deemed expedient.

When a report tloes not contain any resolutions or recommendations
to the House, no further pr(jceedin<rs with reference to it are specially
necessary.

Every report must be signed by the chairman. 1'he report is brou^dit
up b}' tile chairman, and lies u]x)n the table to be dealt with as the House
may direct.

A report may be referred l)ack to a connnittee, either for further
consideration, or to amend it in certain respects as instructed. In such
case it is rejjular for a connnittee not only to modify its first report, but to
reverse its first decision.

No notice may be taken of the proceedinjjs of a committee until it has
reported to the House.

Papers before a committee, either, one that has been refcn-red to them
or one oriijinptinij with the co:imiittee, when they come to be considered,
they are first to be rea<l entirely through by the Clerk of tlie connnittee, if
there is one, otherwise by the chairman ; and then to be read through
again l)y paragraphs by the cliairman, pausing at the end of each para-
graph, and putting ([uestions for amending, either by .striking out or
in.serting, if propo.sed. This is the natiu'al order of proceeding in consid-
ering and amending any paper, and is to be strictly adhered to in the
a.s.send)ly ; but the same strictness does not seem necessary in a com-
mittee.

If the paper before a connnittee is one which has originated with the
connnittee, ipiestions are put on amendments proposed, but not on agreeing
to the several paragraplis of which it is com[)osed, separately, as they are
gone through with : this being reserved for the close, when a (juestion
is to l)e put on the whole, for agreeing to the paper, as amended, or
unamended.

If the paper be one which has been referred to the connnittee, they
proceed as in the other case to put (pU'stions of amendment, if proposed,
but no final ((uestion on the v.iiole. because all the pai'ts of the ""aper,
having been pa.ssed upon, if not adopted by the assembly as the basis of its
action, stand, of course, unless altered or struck out by a vote of the
assendiiy. And even if tl>e connnittee are opposed to the whole paper,
and are of opinion that it cannot be made gootl by amendments, they have
no authoi'ity to reject it : they nuist report it back to the assembly without
amendments (speciiilly stating their ol>jections. if they think pro])er), and
there make their op[)osition as individual members, unless in those cases in
which tlie subject, as well as the form or details of a pajier, is referreil to
the committee.

Jn the case of a paper originating willi .-i ((unniil ter. they mny erase
or interline it as much as they please: though, when tinally agreeil to, it
ought t(j be reported in a clear draft, fairly written, without erasure or
interlineation.

190

MUNICIPAL LAW.

Hut in the cast' of a paper rcfeiTed to a coininittee, they arn not at
liluTty to uiase, interline, l)lot, disHgure, or tear it in any manner; but they
must, in a separate paper, set down the amenuments tliey have agreed to
report, stating the wonls wiiicli are to be inserted or omitted, ar . the
places wiiere tlie amen(hnents are to be made, by references to tiie para-
graph or section, line and word.

If the amendments agreed to are very numerous and minute, the
0(»nnnittee may report them altogether, in the form of a new and amended
draft

When a connnittee has gone through the paper, or agreed upon a
report on the sul)ject which has been refe/red to them, it is then moved
by some member, and thereupon voted, that tlio committee rise and that
the chairman, or some other men)ber, make their report to the House.

7M\. Their Report, Every i-eport must be signed by the chairnum.
When the report is to be made the chairman, or tlie member app(jinted to
make the report, standing in his place, informs the assembly that the com-
mittee to whom was referred such a subject or paper, have had the same
under consideration, and have directed him to make a report thereo.i, which
he is prepared to do; and he, or any other mend)er, may then move that
the report be now received. The assembly will decide whether to receive
the I'eport at that time or upon .some future day. When the report is
received, either informally by general consent, or by a formal vote, the
couunittee is discharged and the report becomes the basis of the future pro-
ceedings of the House on the subject to which it relates. If it is not
received the couunittee would not be thereby discharged, but may be
ordered to sit again, and at a time and place as may be appointed.

When the time arrives for the consideration of a report it is treated
and disposed of like any other roposition, and may be amended in* any
part as ma}' be deemed necessai^^ or it may be reconnnitted to the same or
to another couunittee.

The final ([uestion on a report should bo according to its nature. If it
C(jntains merely a statement of facts or opinions, the (piestion should lie on
acceptance] if it al.so conclude with resolutions or .specific propositions of
any kind the question should be on agreeing to the resolutions or adoptiv<i
the propositions, or on pasx'ing the vote recommended by the connnittoe.

In a large ninnber of ca.ses the ([uestion would be put first for its
reception, then for its adoption. "

TJMI. Committee of the Whole. When it is proposed to refer the
discussion of a resolution or bill to a couunittee of the whole the form for
going fi'om the assembly into committee is on motion of some member,
" That this House do now re.swlve itself into a conmiittee of the whole
House," naming the matter to be taken into consideration. If this question
is decided in the atiirmative, the presiding oflicer, before leaving the c'lair
will name some member to act as chairman of the committee, and then
take a seat among tlie members.

The person appointed chairman of the connnittee will take a seat at
the Clerk's table, or the seat of the presiding officer, usually the former.

The general rules of the House govern the proceedings of the com-
mittee as far as they are applicable, but members are not restricted to one
.speech on a ((uestion.

MUXTCTPAL LAW.

191

The previous ([uestion cannot be uiuveil in a committee of tlic whole.
A eoiiimittee of the wliole cannot adjourn like other committees to some
other time ami plaee, but if their business is not finished at the usual time
for thf Assembly to adjourn or for any other reason, they do not wish to
procee<l further at a particular time, some member may move that the
coniiiiittee rise an<l report. The usual form is, "Tiiat the chairman do
rej)! »rt proi>reHs, and ask leave to sit a^ain ; " and if this motion prevails,
the chairman rises, the presidinif otKcer resmues the chair of the assembly
mid the ehairman of the committee informs him that the ("onuiiittee of the
\Vli')le Iiavini;' hail undei- their considei"ati<jn such a matter, and have made
some progress therein, but not iiavin^ had time to 20 throu<rh with the
.same have directed him to ask leave to sit again. The presiding officer
will then say, "When shall the eonnnittee have leave to sit again;'" If
leave should not be granted the eonnnittee would, of eoui'se, be dissolved.

Tliis eonnnittee cannot refer any matter to a sub-committee.

The Speaker (or president) of the a,ssembly may take part in the debate
an<l ]iroceedings of the eonnnittee same as other members.

No eonnnitte(! of any kind has authority to punish a member or
st'-inger for a breach of order, but may rise and report the same to the
House.

When a eonnnittee of the whole have gone through with tlie matters
r-.'ferred to them, a mendjer moves that the committee ri.se and the 'jhair-
man report their proceedings to the assemljly, which being carried, the
chairman at once rises and goes to his place, the presiding officer resumes
the chair of the assembly, and the chairman infonns him that the com-
mittee have gone through with the business referred to them, and that he
is ready to make their report when the assembly shall think proper to
reci'ive it. The time for receiving the report is then agreed upon, and at
the time fixed it is made and receive<l the .same as that of any other com-
mittee. Usually it is received at once.

Sometimes the (piestion is dispo.scd of informally without a motion.
If the assembh' is n-ady to receive it at the time, they cry out, " Now,
now," whereupon the chairman pi'oceeds. If not then ready, some other
time is mentioned, as "to-morrow," or "Wednesday," and .such time is
fixed simjjly by general ass(!nt. If it is not the general sense of the
a.s.sembly to receive the report at the time it is better to fix the time by
motion. Of coiu'se the report may be amended or rejected, and matter
struck out by the committee may be restored bj' the assembly.

If the eonnnittee is not through, the usual motion would be "That
the report be accepted and leave granted."

IIM. Obstruction in Committee of t^e Whole is sometimes resorted
to, and l)esides the numerous speeches and u.seless amendments to nearly
<'very clause or item of a bill, a meniber .sometimes, wishing to supersede a
bill entirely, moves 'That the chairman do now leave the chair.' This
motion is always in order, and takes precedence over any other motion in
the eonnnittee, and if carried the chairman mu.st immediately leave the
chair. As he is not authorized to make any report to the assembly, the
miestion disapjiears from the order paper, hence no (piestion before tlie
House. The House may, however, sui)sei|uently re.solve itself into a com-
mittee of the whole on the same subject by giving notice, as the original
order of reference still remains.

INDEX.

MLIPI^

SKCTIIIX

AbaiiildiiL'il loll loads 581, 5S4

Accoiiiits anil invi'stiiieiits .S'J2-.'13()

CoinimlsDiy iifoounts S'i'i

Sinkiii},' fund. 3l24, 320

Surplus funds 32S, 331

Loans to siluiols 332

Unauthorized investments 333

(Jouncillors' liaMlity 324, 333

Redemption of <lebentures 327

Pinvlusing clebentures 32!)

Commission of cncjuirv 33K

Actions against munici])alities 40(5, 407

Administration of justice 3")4-37(i

Adultcratnl milk 540

Agents at polling places 109, 1 10

Aiding street railways 5S5

Aiding smelting woiUs 586

Aiding grain elevators 587

.-Vliens 547

Anticii:atory appropriations 310-321

What funds may l>e used 317

Annual estimates of expenses 308

How estinuited .... 307

Yearly rate 305

Knccss or deticieiuty 30!), 310

Reducing tlie rate 315

Amnial statement of councils 187

Penalty for false statement 188

Ap])ointing members of ('ouiicils 214

.Approaches to hiidges 5})3

.Arhitration 377-414

Arbitrators, Api)ointiiicnt of ■387-3!M)

Oath of 3!)(i

Time to meet 397

Awarding costs 3!)8

Fees of 400,401,402

Ky-law bin<ling award 403

Review of awards 404

Arbitrating, Division Court cases 40!)

Houndarv line disputes 410

(ias and water companies 411

Lands for railway ))nrposes 414

Line fences 009

I'oundiige damages 084

Areas in si<lewalks 010

Arrears of taxes 733, 738

Assessment 201-21S

Exemptions from 202

Of farm lands in town 203

Of pleasure grounds 20!)

Of toll roads 210

Of income 211

SKlliCiN

Assessment Cindiiiinil.

Of meichants 'ili»

Of personal projjcrty 213

Of salaries -JU

Appeals from 221

Fi'ontage 550

Assessment of corner lots flOU

Assessment of boulevards 508

Assessment commissioner 174

Assessment loUs 200

Return of 219-22-2

Certiricate of . 70

Penalty for refusing certificate 71

.\ssessoT' 173

Duties of 200-222

( 'reating false votes 241

Auctioneers 528

Auditors, Appointment of 175-180

Duties of 182

Dis(|ualiti(-alion for 180

Pcinianeut 1 70

Rake-shop rcgidations 550

Rallot boxes 5>S

Railot jiapers 59, 00

Marking 61, 8"

Incapacity to maik 83

S])oiled 84

Taking out of polling place 82

• Counting SO

Objecting to 87

Inspe<:tiou of 100

Recount of 101-103

Ort'ences committed with 104

Penalties for offences 105

Rarl)ed wire fences 474

Bicycle, guide posts fil4

' Paths 617

Billiard tables . 529

Board of audit 442

Boai'd of control l<)s

Duties of l<)()

Board of commissioners of police 302

Powers of 363, 365

Borrowing for current expenses 345

For school jjurposes 340

Bridges, Comity 590

Apiiroachcs to 593

( )vcr l)oundary lines f)!)7

Over eighty feet in length 5!)7

Half the cost by council, when 571

Village assuming county 592

Traction engines crossing 590

INDEX.

193

HKCTKIN

Bridges, County Contiinii-d.

Liability for dimmges by defeftivi" . . 594

By-laws 245

(ioverninont approval nf 24(i

OpiKwition to 247

Voting on 248

Puliliciition of 24!)

Polling places anil agents 250-2r)5

Profeedings at poll 250, 25!)

Who to vote on 257

Where to vote 258

Seerecy of proiieeilings 263

Returns by Deputv Returning ((. . . 2(10

Clerk's duties . . . .' 2(il, 21)2

Scrutii.y of votes 2(i5-2<i7

Wlien t> be |)as8ed l)y council .... 2ti8

Contirniation of 2(i9

Quashing of 270

Time limii to ((uasli 271, 272

Penalties uiidei' illegal 27<>. 277

By-laws creating debts 278-.SI5

Wlien to talie eti'ect 278

Wiien (lel)t to be pavable 279

Yearly rate for ... ". 280

.Special rate for 282, 288, 29(i

Issuing (lel)entures under •.8!

What the by-law must recite 283

(lUaranteeing tiiedel)entnres 284

Paying principal by instalments .... 285

Repealing of 292

When not to l)e repealed 29.3

Registration of 2!l7, 304

Contirniation of 209

When absolutely valid 298

Quasliing after registi'ation 301, 302

Statutory caution concerning 303

Reducing by-law rates 315

By-laws that require assent of electors . . 289

Exceptions 29 >, 291

Cal) stands 49(1

Casting vote of clerk 91)

Cattle and railway crossings 540

Cell ir levels 489

Civic telephone business 511

Cleatiing sidewalks .... 49i

Clerk 158-104

As returning officer 72

Casting vote by 90

Penalties for false returns 1 37

Returns to Bureau of Industries .... 102
Returns to Minister of Agriculture 103
Certificates of Assessment Roll by . . 1 04

Remuneration of 235

Collectors and their duties 725-738

Seizing for taxes 725-729

Seizing under warrant 727

Returning roll 731

Taxes after return of roll 734

Commission to inquire into finances 330

Compensation for lands taken 377, 379

When to arbitrate 378

How to proceed 379-38 1 , 382

Controverted elections 140-146

Disclaiming the seat 146

HKCTinX

Constables 373, 374

Fees of 2:«>

Arrests by 375

Suspension of 376

Corporations, Municipal 2

Area of 9

Adilition to 11, 10

Redui'ing area of 15

Corrupt practices and penalties 147-152

Cost of sewers 554, 504

Cost of pavenieiits 505

Councils, Municipal 20-30

Qualifications for 20

lJis(iualitication for 21

Persons cx('ni|)t fioni service 22

('ily 23

Town 24

Village 25

Townsiiips 20

County 27

Vacancies in 113

Personal lial)ility of mcnd)ers .324

Head of 150, 157

When full council not elected 55

Final audit by 180

County Counial elections 120- 138

Nominating ofiicer 121, 129

Notices for holding 126

Nomination day 122, 123

Resignations 124

Clerk certifying results of 1.30

Penalties for false returns 137

Kxpenses of 112, 135

County Council by-laws for ,^20,00 i 311

County roads and bridges ,590, (127

Maintaining of ,597

Abandoning of 628

Disputes lietween councils about . . . 598

Court of Revision in cities 223

In otiier municipalities 224

Proceedings at 225

Ap|)eals from 220

Court-house and gaol 415-428

In cities 415, 410

Care of 417, 419

Cost and maintenance 420, 4'il, 427

City and eo\uity 423, 425

Amalgamation of two 424

Separated town's share of cost . .427, 428

County councils, how composed 27

Klection for 120-138

Resignations of 124

Vacancies in 138

Recoinit of votes 133

Filling vacancies 134

Voting for 126

Casting vote for 129

First meeting of 154

Declarations of office 131

Election of » ardcii 132

Conduct of business 155

Cdunty (J unci! divisions 27, 28

Rearrangement of 29

Councillors' personal liability 324

' '

194

INDKX.

HKCTKIS

CulvfitH l)_v riiilwiiyM (14(J

DehtH line tlic ciowii '2!(5

UebeiitiiiTs m~

When to be isMueil 281

How to lio uxecute<l H37

Kodcniption of U7!>, 32"

Viilidil) of 33», 340

Looal iniproveniont 341

Tratisfur of 343

KegiMtry hook for 344

Miiiiiiiuni viiluc of 347

IVioiity of 313

Di'dmatioiiN by iiii'iiibers fleet . .!t5, 131. 1!H)

Itefoie whom l!tl

Peimlty for refiiHal 1!)2

By returning oHit'ers 108

Deputy-retni'ning ofiicerM 3h-lH

Diseases among liorseH "»44

Ditclies and watercronrses (132

Kxtent of ditch (133

Limit of <^ost 034

What lands liable 035

How to proceed 036. 037

Agreement between owneis 638

Asking for engineer (WO, 041

Kngineers award 042, 045

Ajjpcals from awai'd 047

Knforcing award .' . 04!t

Payment of co.sts 0.")0

Kngineer completing delayed work05l,0.')2

(jovering <litelies 055

Other owners using ditch 054

Kngineers" liability 050

Draining to roads 000

Natural watercourses 001

t,'ouncil by-laws for 003

Dogs and sheep bv-laws ()88-094

Dog ta.\ ■ 088

When dog may be killed 600, 602

Recovering damages 001, 693

When no comj)ensation allowed .... 004

Doors of iiubli(! buildings 463

Drainage 558, 662

Draining to roads (i(iO

Driving on highways 400

Karly closing of shops 551

Klections, Municipal 31-44

For new municpalities 33

Time for holding 37, IKi

Polling placei for .38-40

Returning officer for 41, 42

By acclamation 54

Resignation .")3

New elections .5(i, 1 15

Not held at right time 07

Postponement of 08

Where to vote 73

Qualification of electors 31 -.35

Disciualification of electors 32

Lawful expenses of 140

Controverted 140-140

Proceedings on recount 103, 133

(ieneral offences and penalties. . .104. 105
(hi New Yc!ir"s Dav 40

Krection of buildings

Kxecutions against municipalities

Kxemptions by statute 2((2,

By Council by-laws

From general rates

Fi'om assessments 202

Kxceptions 530,

Factory Act

Fences

Line

Barbed wire

Snow

By er.unty councils

Ferry companies

Final audit by councils

Fire j)rotection

In portions of towns

Food and drink by-laws . .

Fi'ontage tax 556

Fraud in sale of fruit .541

Fraudulent entry of horses at fairs

(iaolers, appointment of

(iambling at fairs

tJratuity to niuni<'ipal olfleers

(iravel beds

(Jranting monopolies ]>rohibited

Kxceptions 351,

Government report of debts. . .

(iuaranty c<mipany bonds

Hawkeis

High Schools 534-

Highways and Bi'idges

Highways, what ai'e

Width of 600,

Railway crossings

Klecti'ic cars on

Traction engines on

Cattle on

Repair of

Injuries through defective

Townshii) roads

Opening new allowances

Townsbij) Ixmndary lines

.loint jurisdiction of boundary lines

604,

When vested in the Crown .......

Ordnance roads

Roads of ingress aiul ogress

By-laws affecting 01 1,

Mistakes in opening

Powers of councils over

Selling

Bicycle paths on

Tolls for 618,

Maintenance of

Closing \ip of

Unojiened . .

Trees obstructing

County boundary lines

Travelling on

House <»f Correction

Who to be committed to

Incorporation

Of Villages

460

350

720

314

576

205

57»

548

472

473

474

475

478

.351

180

466

468

486

569

543

545

418

532

197

620

350

352

3.35

197

531

538

688

591

610

588

589

590

546

594

600

601

603

605
006
607
608
012
613
615
621
617
619
622
629
623
630
625
664
438
430
1-8
4

INDKX.

196

,. 46(1

. :mi

JIC-', 720

r.7B

53i», r)7»
548
472
473
474
47r)
, 47«
. .-{51
, IHK
. 46ft
. 4ft»
. 48H
556-5(19
541 543
... 545
... 4IS
. . . 532
... IH7
. . . 62(1
... 350
351,352

. . 3;»

... 1»7

... 531

.534 538

... 688

... 501

(iOt), (ilU

... 588

.... 589

.... 59(1

.... 546

.... 594

.... (500

.... (iOl

.... (i03

ines

604, (i05
.... 606
.... (i07
.... 608
611, 612

... 613
.... 615
.... 621
.... 617
.618, 6I»
.... 622
.... 629

(i23

.... 630
.... 625
.... 664
.... 438
.... 439

... 1-8
.... 4

HKlTUiN

Incorporation- -C'oh///i«p(/.

(Jf towns 7

Of citios 8

Filing petitionH for 5

When it got'n into utloct 3

Illegal hy-lawH 276

Liability, and uoHtH of actions 277

Indemnifving police olficcrs 372

Industrial farms 431 -439

Inmates working at 432, 437

UommitmentH to 436

Inebriate asylums 440

Injuries from defective liisjliways 594

Jurisdicttion of councils 348-353

Justices of tiie peace .356

Land for Parks 513

Land for cemeteries 514

Landmarks and )>oiuidaric.s 4.50

Line fences . . : 668

Dispute about (169

Arbitration by fence-viewers 670

Form of notice 67 1 , 672

Fence viewers' duties ()73

Enforcing award (i74

Form of award 675

Appealing from award 676

Fees of fence viewers 677

Agreement between owners 679

Hegistration of agreement 628

Removing the line fence 680

Trees acro.ss line fences 681

Liiiuor licenses 695

How many (i9(i

Accommodation re()uired (i97

Beer and wine license 698

Saloon, when discimtinued 699

Shop license 700

Wholesale license 702

i;!ouncil restrictioi.' 701

Council raising fees, how much 704

Sale by druggists 705

Manufacturing and selling native wine 703

Petitioning against renewals 707, 708

Ten electors objecting to 706

Majority of electois preventing new

license 709

Where license must not 1. : • .anted. . 710

When sales are prohibited "11

Penalties for violations 712-717

Liquor prohibited to minors 717

Pawns by hotel-keepers 719

When liable for injuries caused 720

When liable for assaults 721

Stopping sale to inebriates 722

Kelatives may prohibit 723

Local improvement works 552-583

Initiation of 559

Petition foi' .557

Property benelited 5.52

As to streams . . 555

As to drainage 554, 558

Frontage assessment for 5.VJ, 5()il

Assessment where not fronting 5(i9

Borrowing money foi' 5(i3

HKCTinN

Local improvement works — Conliiiiteil.

Adoption by by-law 578

As to township roads 582

By counties 583

(Corporations share of cost of .580

Lock-up houses 429, 430

Markets 516

When foes are chargeable 517

Scale of fees 518

Fees for weighing 519

What articles need not be weighed . . 517

F..icense for sale of meat 522

Market liy-laws 621

Regulation of traffic on the street . . . 520

Mayor, election (iO, 74

Resignation bv consent 114

Resignation after Novembei' Ist 117

Resignation after July 1st .... 118

.Meetings of councils 1.53, 154

Mineral rights under loads 626

Mujiici|>al oflicers 156

Salaries of 193, 443, 444

Tenure of office . . : 195

(Jratnity to 196

Municipal .solicitor 1!I4

Naming streets 451, 452

Natural watercourse 661

Numbering houses 453

Night watchmen 484

Nominations, local .50

Foi- mayor and reeves 45

For aldermen 40

For councillors 45

Time for holding 45-48

Nominating candidates .5(t

For county councillors 122, 123

Obstructing streets 493-495

Offensive ti'ades 549

Parliamentai'y Rules of Order (see i-nd of
Index).

Pathmasters 446, 447

I'awnbr kers 523-.")25

' Penalties for false election returns 92

I Personal liability of councillois 333

Petition for local inijirovements 557

Police villages 7.39-749

Poll 77

Closingof 86-94

Poll book, checking of 66, 79. 79

I Polling places 51

Who to be present 85

' Portable steam engines 467

I Police ofli(;(! 3()0, .361

; Police foice .369

i l)\ities and salaries of .370, .371

Poiinds 479,682

Parties may impound or restrain. . . . 682

Unlit of damages allowed 682

Arbitrating damages In' fence viewers 684

Care of animals 685

Sail' of aiiitnals ()H3. 686

.Annual slalcinciil In cli'iU 11.^7

I Powers of councils, in general 441-."i.'{5

Prioritv of debentures 313

1 I

; ;' K'

i«

i|.;;

196

INDEX.

1 ;'

KKtTION

l^ll)lil; fairs Sir)

I'ublic inoraU 485

i'ul>li(! hIiowh, lii^MiHing 530

QiiaHliinj; of l)_v-lawH 270-277

How to procciMl 270

LiniitatioiiH aH to tiniu 271, 272

^Slay of ]>ro<;ci'iliiigH 276

Railway (iroHwiiigx 5S8

RogiHtiatioii of roail l)y-law« (il2

Koinutiuratioii of coiiiicillors 443

Rumiiiiuratioii of aliluiiiiuii 444

R«Higiialioim of mayor or (^ouni'illorH

114, 117, lis

Kuturniiig ollicer 127

Dopiity rL-tiiining otlifer 88, 91

Ruvision of voters' IIhI 231-243

Notice of couit 2,33

I'eualty for iion-atteiitlaiiuo 234

fSanilary iiicawureM 487

Sale for taxes 72."), 72!l

lCxL'in))tionH from 72(1, 730

Lands sold for tuxes 73(1

Defective tax sale (lee<l 737

HcluHil Iward estimates 2(10

Separate sciiool supporters 207

Sowers and drains 488-4!'2

Shop regulations ij47-5i')l

Sidewalks, jdank 573

(iraniilithie 574

By private owners 572

Snow fences 475, (KiO

.Snow roads, double tracks (165

Statement of i)rot)erty to assessor 218

Penalty for false statements 218

Statute labor 501

Streams anil watercourses 503, 504

Street Railways .508

By-laws for 510

Aiding of .585

Tax defaulters' lists 57

Taxes, property lial)le 201

Kxemptions from 202

Exemptions by councils 314

When duo 312

Payable by instalments .533

Arrears of 733, 738

Sale for unpaid 725, 72!(

Exemptions from sale 7'i6

Three years' arrears of 733

List of tax defaulters 08

Tax collector and executions 726

Tenant and landlord's taxes 730

Tender of award 408

Tender of compensation 384

Tolls and exemption from 618, 610

Traction engines and bridges 590

Trader's license 349

Treasurer 165-172

Annual statements of .325, 334

Trees on streets 512

Towns, incorporation of 7

pjxtcnsion of 11

Annexation of 12, 13

Withdrawing from county 17, 18

Re-uniting again 19

HKCTIOK

(Jndiu^ influence at elections 148

Voters' lists B3, 227-2,32

For new municipalities 64

For added territory fl.')

For co\inty couneifs 69

For wards 244

Copies of (1(1, (17, 243

InHp(!iaion of 242

Distribution of 228

Notices of 230

Voting 78

Where to vote 73, 75, 76

How often 74, 75

Penalties for voting twice illegally . . 74

( Opening of poll . 77

Secrecy of 8! , 107

For county councillors . . 126

Voting on by-laws 24H, 2.55

Who can vote 257

Where to vote 2.i8

Pro(!ecdiiigs at 2")lt-2(i8

Scrutiny of votes 265-'. (17

V^aluators ISO

Valiility of bonus by-laws 264

V^eliidi s on sidewalks 500

S'estibulcs for moterincn ."((M)

Villages, incorporating 4, 3, 6

Addition to 10

Annexation of 12, 13

Unini.'orporation of 14

Police villages 739

Water and gas works 504-507

Width of sleigh runnel s 489

Width of roads 6(«l

Width of streets, by-laws for 610

War<ls, nundttu- of 16, 18

Warden, election of 132

Resignation of 1 3it

Parliamentary Kiilcs of Order . 7.50

Amendnioiits 706, 767

Breaches of parliamentary <lecorum..

776, 777

Committees, ap])ointment of 787

Procedure and rejjort "88, 789

Committee of the whole 790

Introduction of business 760

Motions 762-780

To lay on the table 769

To postpone to a certain day .... 770

To commit 772

To reconsider 774

The six months' hoist 771

The previous question 773

Notices of 780

Orders of the Day . . 759

Presiding officer 751

Duties and election of 762-755

Putting questions 761

Questions, various kinds 778-786

Quorum 767

Rights and duties of members 756

Rules of debate 776

Who may not vote 763

i#-

;jlf

BKITIOK
148

.63, L"i7'232

6*-)

244

.m, 07, 24.S

242

228

230

. 73, 75, 7H

74, la

ugally . . 74
77

HI, 107

. . 12«

. , ..24S, 2.V.

257

2o8

. . . 2r.)t-2(i8

2(i,"):()7

1M>

204

iiOO

TiO!)

4, 3, 6

12, 13

7:«!t

r)04-r)07

48!>

(J(Kt

(ilO

16, 18

1.S2

13!t

irder . 750

....7(16, 767
jconini..
776, 777

787

....788, 78!)

7}K)

760

.... 762-780

760

day... 770

772

774

771

773

780

759

751

....752-755

761

....778-786

767

9 756

775

763

t>t: