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Maps, plates, charts, etc.. may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmds d des taux de reduction diff6rents. Lorsque le document est trop grand pour dtre reproduit en un seul clich6, il est film6 d partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 ONTARIO MUNICIPAL LAW CONSOLIDATED, CONDHNSED, CLASSIFIED, TOdKTHEK WITH THE PARLIAMENTARY RULES OF ORDER OK 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 anlication. 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 5 9 1» 3ft 16 . . 170 . . 1(J7 . . 148 91 .. 114 .. 162 52 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. 6 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 (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 I 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'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 tresent 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. 13 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' ^f m u 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 oroll, 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 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■/' 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 ar which they polling place, oiling. 1 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 20 MUNTCIPAL LAW. •I I: '■li ii 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 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 oniittinr 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. sa 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 Keturnint 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. of JM». Casting Vote by Clerk. In ease of two or more of the candi- ■}. 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 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- 26 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 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 n MUNICIPAL LAW. 29' shall In- '^ the case '■■§ entitled "7 :| ieted of relief as '^ lerty for s of tile esolutioii ['(-ouiieil 11. Such orthwith may he )plies to i 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~ 30 MUNICrPAL LAW I'W. Nomination and Polling Day. The nomination day shall be Monday, onu week before polliiiff 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. Lawful Expenses of a candidate are his actual personal ex- jM?nse8, expenses for professional si-rvices, an- 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. n7 The Mayor of u city or town imiy call out tlic fionm vimiUy 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 appointel. 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 38 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. 39 „ (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 •""■ 40 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. 41 181. 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. 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, 43 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/ H. Board of Control. In cities liaviiiy-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- ■I 'i 5 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; I ?! m 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., (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 re7. !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' ]ilacins 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, takinet 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. t!> 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. kmI^h! ilBH^Vl ii] jiUB'i mm Wm[ U,t k^^Bl in iifl^B' i;!:IPi' IVi^il""' 'U'lt»^!i ll>l'li|Mi'. I'nC^ll;, Tf^ BO 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 attacheA\V. ii 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) 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 'old !>tii *"! "■"(I ' I • It; 'itif f-p 64 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 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. 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. 57 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 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 sair()of of seal or signature, unh ss specially alleged that the seal, or one or both the signatures, have been forge(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. 59 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 attener.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,nantinn 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' Vl 04 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 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 ineeting 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 traina<: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 In case a Council lesires to make an ('.(//»'//J'/^>/7/ ('/'/(('<>y(y/(i for the next ensuing year in lieu of the spn-lal rrciiil 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. ■■* ! *i 'IM. ■ill r' 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 )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 ' 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 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. 73 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 "'« ■ il T 74 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, an8. Witnesses. A person making the complaint is a competent witness. The defendant is also a competent witness, .so is the wife or husband of . 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|. 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 (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 n4. 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 'a 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 80 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 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 ty 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 /////■. 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*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'etc'd, .and the by-law diroperty stands unaffected, ai\d tiie corporation reiiuirecj to pay the cixsts of the arbiti'ati. 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 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 riv 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>(■ 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 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,aiid in ca.se of failure to agree as t" the siti- the matter nui.st be settled by arbitr tion. il ^;«p;' il^' I;: u t 8H 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 adjoiiiiiiy proelaniation oi' the Ijicutcnant-t ovenior, tlie ^aol of sudi adjoinin;:; county shall Imeome tlie coiiinion ;^aol oi" the Hrst-nuMiti()nere. 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*it^ 15' r 90 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;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. ft IMAGE EVAIUATION TEST TARGET (MT-S) 1.0 I.I '- 14 — 6" M M 1.8 11.25 111111.4 IIIIII.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716)872-4503 L^ ^ ^ 4t> 92 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. 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 .i^-^Jl J. Its'' 4- 96 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 ; . 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. 97 tlie 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. '■■tti.U 1; ■ !»S .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 ilisposinre 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, an \\< so lie Ilia all MUNICIPAL LAW. 99 itliin 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. 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 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. ■Mi- . I < ■tMrnt ■ 100 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 s7. Traffic on Streets. Cities, towns and villages may liav8. 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(icouies 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. m i %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 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 ^m 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 anmetery 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")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 cliarge4, 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, li >ti; ; J": PI 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 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 villaave ])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 hit' 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 address of the persons entitle ■%■- 120 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. ."». 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 * I MUNICIPAL LAW. 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 i ]2-2 MUNICIPAL LAW. ■ h . I o 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| 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. ' 'Til? ^ i In. I 126 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, an8. 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. 120'/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 roau'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 closinl«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' ■ t; t 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. 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'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. 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 •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. 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-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 I m 11 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 upach year to entei- upon any land.s whatsoever within the municipality an;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 . ni 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 ; 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 1 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 oriices 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). r' m £fl i>l '1 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 retice 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 . 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. 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 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 t00, 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<. 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. i 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 i-; '•t m. !.-)(! .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. 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. [ i f.i 158 MUNICIPAL LAW. I.- ;:» i ■i 1 y 1' 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 disors 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 •. 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 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 writinlrinking 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. 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. T 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 wasurer 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 " ()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' I* •;!: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, angal 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'eteurchaser 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 . 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. General Regulations to lie enforced liy police trustees and the penalties attached for violation of .same are as follows: ].,a(lders for houses mor', 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, any 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 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 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 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 '{. 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 tary or an a.ssistant woidil call the roll of 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 \vitlin 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, caller. 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 aposition, 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; ! 11 180 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 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 tvith 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,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 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 iiiecee 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 altoe to postpone to the next meetin<:.or to some particular meetinj,', when it would come up under the oi'der of " l'iitinishe^o to voth 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 <,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. t 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|nirey .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 " % ,^^ <. t; -^o A 1.0 I.I 1.25 i^ IM III 2.2 ;r |4^ 12.0 1.8 U nil 1.6 Photographic Sciences Corporation ^^. 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 I .'.(1 .M li r I 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 af 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^\ 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 , .1 1 Li ■ 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(jceedine 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. M 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 adoptivreHs, 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"atie 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 binS 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 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 13 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, 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 rohibited Kxceptions 351, Government report of debts. . . (iuaranty coiuidaric.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 204 iiOO TiO!) 4, 3, 6 10 12, 13 14 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: